EFTA01117331.pdf

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMBAG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER TO PREVENT VIDEO DEPOSITION Plaintiff Jeffrey Epstein moves the Court for entry of a protective order, pursuant to Florida Rule of Civil Procedure 1.280, to prevent the taking on April 13, 2011 of Mr. Epstein's further deposition which Defendant Bradley J. Edwards ("Edwards") has noticed over the Plaintiffs objection. The grounds for this Motion are: 1. On or about March 30, 2011, counsel to Edwards noticed the video deposition of the Plaintiff for April 13, 2011 in West Palm Beach, Florida to retake the deposition of the Plaintiff, despite the fact that he was advised by Plaintiffs counsel that the Plaintiff was unavailable during this time and that there was no basis for the taking of a second deposition when the Plaintiff had already been deposed in 2010. A copy of the Notice is attached as Exhibit A. 2. The Plaintiff seeks a protective order to prevent his further deposition at this time because (a) he has already been deposed at length; (b) no meaningful grounds have been alleged to justify the taking of a second deposition other than the unsubstantiated assertion that the FOWLER WHITE BURNETT P. A. • 901 PHILLIPS POINT WEST, 777 SOUTH FLAMER DRIVE, WEST PALM BEAD/ I, FLORIDA 33401 • (561)802.9044 EFTA01117331  CASE NO. 502009CA0408003OOOCMBAG Plaintiff has somehow waived his rights under the Fifth Amendment to the U.S. Constitution which he has not; and (c) the timing is in conflict with the Court's recent order requiring the filing of new pleadings by all parties which may determine the scope of inquiry. Moreover, the taking of a video deposition in light of the publicity surrounding these parties would be particularly prejudicial to the Plaintiff who is also seeking in a separate motion an order preventing Edwards's counsel from discussing this case with the media. A video deposition is truly fodder for Internet gossip machines and can be of no benefit to any party. 3. Rule 1.280(c) affords the Court discretion to grant protective orders for good cause shown and to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. See also Logitech Cargo v. .IW Perry, 817 So. 2d 1033 (Fla. 3d DCA 2002). Moreover, the Court may determine the time and place of a deposition. Fla. R. Civ. P. 1.280(c)(2). In this case, the Court should determine whether a further deposition of the Plaintiff is justified or necessary and whether video is a proper medium. WHEREFORE, for the above stated reasons, Plaintiff Jeffrey Epstein moves for entry of a protective order to preventing the taking of his deposition again as noticed by Plaintiff on April 13, 2011 and for such other relief as the Court deems proper in the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 8th day of April, 2011 to Gary M. Farmer, Jr., Esq., Farmer, Jaffee, Weissing, Edwards, Fistos, et al, 425 N. Andrews Avenue, Suite 2, Fort Lauderdale, FL 33301; Jack Alan Goldberger, Esq., Atterbury, Goldberger & Weiss, P.A., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401-5012; Marc S. Nurik, Esq., Law Offices of Marc S. Nurik, One East Broward Boulevard, Suite 700, Fort Lauderdale, FL 33301; and Jack Scarola, Esquire, Searcy Denney -2 - FOWLER WHITE BURNETT P.A. • 901 PHILLIPS POINT WEST, 777 SOUTH FLAMER DRIVE WEST PALM BEACH, FLORIDA 33401•(561) 802-9044 EFTA01117332  CASE NO. 502009CA040800VOC<MBAG Scarola et al., 2139 Palm Beach Lakes Boulevard, P.O. Drawer 3626, West Palm Beach, FL 33409. Joseeph L. Ackerman, Jr. Fla. Bar No. 235954 FOWLER WHITE BURNETT, P.A. 901 Phillips Point West 777 South Flagler Drive West Palm Beach, Florida 33401 Telephone: (561) 802-9044 Facsimile: (561) 802-9976 W380743\MTNPRO9346 prevent deposition ofPlaintiff in April -11.A.docx -3 - FOWLER Wilma Buiverr P.A. • 901 PHuuvs Porn WEST, 777 SOUTH FLAOLER DRIVE, WEST PALM BEACH, FLORIDA 33401. (561) 802-9044 EFTA01117333 03/30/2011 16:61 FAX 6810846818 SEARCY DENNEY a 001/003 #291874/mep IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAO JE FREY EPSTBIN, Plaintiff(s), vs. SC TT ROTHSTEIN, individually, B DLEY J. EDWARDS, individually, and L.M., individually, Defendant(s). NOTICE OF TAXING VIDEO DEPOSITION TO All counsel on the attached Counsel List PLEASE TAKE NOTICE that the undersigned attorneys will take deposition(s) of: Nitmz AND ADDRESS RATE AND TIME LOCATION Jekfrey Epstein April 13, 2011 Searcy Denney, et al 9:30 a.m. 2139 Palm Beach Lakes Boulevard, WPB VIDEOGRAPHER: To be arranged by Phipps Reporting upi:m oral examination before Phipps Reporting, a Notary Public; or any other officer authorized by aw to take depositions in the State of Florida. The oral examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the aPF livable Statutes or Rules. e\a,c6;-1-. 4 EFTA01117334 03/30/2011 10:62 FAI 6616846810 SEARCY DENNEY 1-6002/003 EdJnide adv. Epstein No. 502009CA040800700aMBAO Not of Taking Video Deposition Pa 2 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Paul and U.S. Mail to all Counsel on the attached list, this C day of March, 2011. Jack S a Flo ar No.: 169440 Sy y Denney Scarola Barnhart & Shipley 39 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for Bradley J. Edwards cc: Phipps Reporting E-TRANSCRIPT, ASCII, CD AND/OR DVD REQUESTED AMERICANS WITH DISABILITIES ACT In icecordanee with the Americans With Disabilities Act, persons in need of a special ace mmodation to participate in this proceeding should contact the Human Resources Manager, Se y Denney Scarola Barnhart & Shipley, P.A., no later than seven days prior to the pro ending. Please telephone (561) 686-6300. EFTA01117335 69/30/2011 16:52 F 5615846810 silARcV UM& Zoos/663 Edwards adv. Epstein Cash No. 502009CA.040800XXXEMEAD Noce of Taking Video Deposition Pao 3 COUNSEL LIST Jack A. Goldberger, Esquire A rbury, Goldberger & Weiss, P.A. 25 Australian Avettue South, Suite 1400 W st Palm Beach, PL 33401 Ph no: (561)-659-8300 F :(561)-835-8691 F er, Jaffe, Weissing, Edwards, Fistos & Le an, PL 42 N. Andrews Avenue, Suite 2 Po* Lauderdale, FL 33301 Ph ne: (954)-524-2820 F : (954)-524-2822 Jos ph L. Ackerman, Jr., Esquire Fo ler White Burnett, P.A. 901 Phillips Point West 77'; S Flagler Drive West Palm Beach, FL 33401-6170 Phc o: (561)-802-9044 Fasi: (561)-802-9976 M c S. Nurik, Esquire mafc,@nuriklaw.com La$ Offices of Marc S. Nurik One E Broward Blvd., Suite 700 Fo Lauderdale, FL 33301 Ph no: (954)-745.-5849 Fa :(954)-745-3556 EFTA01117336