EFTA01108095.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, VS. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M. individually, Defendants. TRANSCRIPT OF HEARING PROCEEDINGS DATE TAKEN: December 17, 2012 TIME: 11:02 a.m. PLACE: Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida BEFORE: DAVID CROW, Circuit Judge This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were stenographically reported by: Christine Phipps, RPR, FPR, CLR Realtime Systems Administrator www.phippsreporting.com IYh/lWW/Whi) --- e8Off917-26f94cfa-bba3-4354ecd33a52 EFTA01108095 APPEARANCES: On behalf of Jeffrey Epstein: TONJA HADDAD, P.A. 315 Southeast 7 Street Suite 301 Fort Lauderdale, Florida 33301 BY: TONJA HADDAD COLEMAN, ESQ. and ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 - One Clearlake Center West Palm Beach, Florida 33401 BY: JACK GOLDBERGER, ESQ. On behalf of Bradley J. Edwards: SEARCY, DENNEY, SCAROLA BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard P.O. Drawer 3626 West Palm Beach, Florida 33402-3626 BY: JACK SCAROLA, ESQ. www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108096 1 Thereupon, 2 the following proceedings began at 10:02 a.m.: 3 THE COURT: Okay. This is 4 Epstein vs. Rothstein. This is the motion of 5 the counterplaintiff for -- to add punitive 6 damages. I reviewed the materials you guys had 7 sent to me. I got the motion and the 8 plaintiff's response to the motion. I don't 9 know if there's anything else specifically. 10 MR. SCAROLA: There was a reply that was 11 filed as well, your Honor. 12 THE COURT: Oh, yes, I got the reply too, 13 I'm sorry, you're right. 14 MS. COLEMAN: Your Honor, before we 15 commence the hearing, I know that Mr. Haddad 16 has been trying to reach your office, and I 17 tried to reach everybody this morning. He 18 suffered an accident this morning. 19 THE COURT: I'm sorry to hear that. Is he 20 okay? 21 MS. COLEMAN: He is okay. He's having his 22 foot set, but he's more concerned right now 23 about his ability to ski later on in the year 24 than being able to walk at the moment. He was 25 unable to be here today, and while I am here www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108097 1 for this hearing, we had called to see if we 2 could get it reset, and we did try to reach 3 Mr. Scarola to have it reset. While I am here 4 and Mr. Goldberger is here, the client was very 5 adamant that he wanted Mr. Haddad to be here 6 representing him. 7 THE COURT: Aren't you the one that did 8 all the memos and everything? 9 MS. COLEMAN: Yes, Judge, I'm usually the 10 one that drafts and files all the pleadings; it 11 doesn't mean I argue them all. If the Court 12 pushes me to go forward, I will. But as I 13 said, it's not -- it's not my personal choice, 14 it's my client's choice, and my client wanted 15 Mr. Haddad here. 16 THE COURT: Can Mr. Haddad appear by 17 phone? 18 MR. GOLDBERGER: He has an 11:00 o'clock 19 appointment with his orthopedic surgeon. 20 THE COURT: Your position, sir? 21 MR. SCAROLA: Your Honor, you may recall 22 repeated statements from Mr. Haddad in the 23 context of the motion to disqualify Mr. Haddad, 24 where he told us that he was entering this case 25 solely for purposes of appearing at the trial, www.phippsreporting.com Mg8V e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108098  5 1 until your Honor entered the order denying the 2 motion to disqualify late last week. He could 3 not have been anticipating being the one to 4 argue this motion. 5 Ms. Coleman prepared all of these 6 pleadings. We have been waiting a very long 7 time for this special set hearing. And while I 8 am sorry that he has suffered an injury to his 9 foot, he is adequately represented at these 10 proceedings by lawyers who have been involved 11 in this case for a very long time. 12 The case law is such that your Honor is 13 not even obliged to hold a hearing at all. And 14 if there is some disadvantage that the 15 counterdefendant feels in this regard, I'm 16 willing to let your Honor decide this motion on 17 the papers that have been submitted because I 18 suggest that this has been very thoroughly 19 argued in those papers. 20 THE COURT: Okay. So to the extent you're 21 asking for a continuance of the hearing, I'm 22 going to deny it. Ms. Coleman, you've been in 23 front of me a number of times, and, believe me, 24 I have all the confidence in the world that you 25 represent your client to the utmost, okay. And www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108099  6 1 Mr. Haddad is one of the lawyers, and we've got 2 two great lawyers sitting here that can 3 certainly argue the case for him, so. Okay. 4 MS. COLEMAN: May I stay back here while 5 Mr. Scarola argues and then come up? 6 THE COURT: You can sit there and relax 7 for a minute and when he's finished -- again, 8 remember, I read all this. It's not the 9 first -- my first trip down this avenue, so go 10 ahead. 11 MR. SCAROLA: I will be extremely brief. 12 THE COURT: Okay. 13 MR. SCAROLA: We have summarized in our 14 reply what I suggest to your Honor are 15 overwhelmingly compelling circumstances from 16 which a jury could conclude that it was solely 17 as an effort to extort Mr. Edwards that claims 18 against him were filed. They were filed not 19 only in the total absence of probable cause, 20 they were filed in the absence of any damages. 21 They were filed knowing that it was 22 Mr. Epstein's intent to assert his fifth 23 amendment privilege which would preclude him 24 from attempting to prosecute these claims to 25 conclusion, and they were filed under www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108100 1 surrounding circumstances where he has 2 acknowledged a conscious awareness of the fact 3 that Mr. Edwards was leading the effort of 4 multiple victims of his serial molestations to 5 hold him both civilly and criminally 6 responsible for his actions. 7 Among the evidence that has been provided 8 to your Honor is not only circumstantial 9 evidence of the state of mind that would be 10 necessary to support the recovery of punitive 11 damages, but I call your Honor's attention in 12 particular to the statement of undisputed 13 facts, page 34, where Mr. Epstein's interview 14 with the New York Daily News' reporter is 15 related. In that interview, Mr. Epstein says 16 that Bradley Edwards was the one causing all of 17 Epstein's problems, all the civil suits brought 18 against him by the various victims of his 19 molestation. He was very upset, he said, that 20 Edwards had subpoenaed Ghislaine Maxwell, that 21 she was a good person that did nothing wrong. 22 And Jeffrey Epstein filed a complaint with the 23 Florida Bar against Bradley Edwards raising 24 allegations that Edwards was directly involved 25 in the Rothstein wrongdoing, the same www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108101 1 allegations, completely unsupported by any 2 evidence whatsoever, that he brought in the 3 various complaints filed against Bradley 4 Edwards as well. 5 I suggest that this is a very compelling, 6 both circumstantial and direct evidence case of 7 malice. We have more than satisfied the 8 minimal burden that exists for leave to amend 9 to assert a claim for punitive damages, and we 10 ask your Honor to grant this motion. Thank 11 you. 12 THE COURT: Thank you. 13 Yes, ma'am. 14 MS. COLEMAN: Good morning, Judge. 15 THE COURT: Good morning. 16 MS. COLEMAN: In response to the arguments 17 made by Mr. Scarola, while we suggest it has 18 been fully briefed in the memorandum of law in 19 opposition thereto filed with the Court, but 20 point the Court to the following issues with 21 respect to the arguments that were just made. 22 This circumstantial evidence where it's 23 alleged that Mr. Epstein was attempting to 24 extort Mr. Edwards, there's been no 25 conversation or proffer of any evidence www.phippsreporting.com Mg8V e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108102  9 1 whatsoever of the purported extortion. It is 2 irrefutable that, No. 1, Mr. Epstein was 3 punished criminally; he pled, he went to jail, 4 he served his time. It's also irrefutable that 5 Mr. Edwards, in fact, settled all of the cases 6 for these purported victims with Mr. Epstein. 7 While the settlements were made confidential, I 8 assure you that if there was any extortion, it 9 was Mr. Edwards who refused to schedule from 10 the plaintiff here, not Mr. Epstein. 11 Furthermore, with respect to the 12 allegation that Mr. Epstein's case was filed in 13 the absence of any probable cause; if you look 14 at our response to the motion -- 15 THE COURT: Let me ask you a question. 16 MS. COLEMAN: Yes, Sir. 17 THE COURT: What really concerned me, when 18 I was reading through the materials, is that 19 your client was asked in direct examination in 20 his deposition what was his basis for his 21 allegations, and he took the Fifth Amendment. 22 MS. COLEMAN: Yes, your Honor, I can 23 address his taking the Fifth Amendment on many 24 of the questions -- 25 THE COURT: Every question was asked about www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108103  10 1 what is a good faith basis for filing this suit 2 or what facts he had -- 3 MS. COLEMAN: The fact -- 4 THE COURT: -- and he asserted the Fifth 5 Amendment. 6 MS. COLEMAN: Let me tell you two things 7 about that. First, with respect to pleading 8 the Fifth Amendment or taking the Fifth 9 Amendment, as Mr. Edwards himself testified 10 when he was here a couple of weeks ago on the 11 hearing, he has been and is still in litigation 12 with the United States government, attempting 13 to overturn Mr. Epstein's plea agreement that 14 he reached with this circuit. Obviously 15 THE COURT: I'm not suggesting that he 16 didn't have a right to the Fifth Amendment, 17 that's not my question. My question is: You 18 filed a lawsuit knowing you can't tell -- 19 you're not going to tell anybody the basis of 20 it. How are they going to find out what his 21 thought process is if he refuses to answer the 22 question? 23 MS. COLEMAN: I would point you to the 24 fact that Mr. Edwards has likewise refused to 25 answer any and all questions related to the www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108104  11 1 same thing in this case. 2 THE COURT: Well, he didn't take the Fifth 3 Amendment -- 4 MS. COLEMAN: No, he did not. 5 THE COURT: -- he took attorney-client 6 privilege. 7 MS. COLEMAN: He took the privilege, he's 8 asserting privilege, and then Mr. Edwards 9 THE COURT: The privilege is not one 10 against self-incrimination for which there can 11 be some assumptions or what's the -- 12 MR. SCAROLA: Adverse inferences, your 13 Honor. 14 MS. COLEMAN: Adverse inferences. 15 THE COURT: Thank you. Thank you 16 In civil cases you can take inferences 17 from raising Fifth Amendment privilege. Look, 18 I had one the other day, Weren't you drunk the 19 night of the accident? I refuse to answer on 20 the grounds -- 21 MS. COLEMAN: At the time that Mr. Epstein 22 filed his suit against Mr. Edwards, at the time 23 it was filed -- 24 THE COURT: Right. 25 MS. COLEMAN: -- which is the time to www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108105  12 1 which the Court must look, there were several, 2 several facts that at the time it was filed 3 would lead anyone to believe that there was a 4 valid claim for abuse of process. 5 The indictment of Scott Rothstein -- this 6 is on page 15 of our motion. Federal arrest 7 and indictment of Mr. Rothstein. The evidence 8 provided by Mr. Rothstein, in which he admitted 9 Mr. Epstein's cases were used to further his 10 Ponzi scheme. These are all facts. 11 Number 3, the fact that Mr. Edwards was, 12 in fact, lead counsel on all of those cases and 13 was a partner of Mr. Rothstein. What's later 14 been ferreted out -- I also point out to the 15 Court that the case was dismissed without 16 prejudice at this point. But later on, yes, 17 Mr. Edwards asserted that he had nothing to do 18 with the Ponzi scheme, but the issue for the 19 Court is at the time the case was filed. At 20 the time the case was filed, Mr. Edwards was a 21 partner of Mr. Rothstein, and these cases were 22 admittedly used to further the Ponzi scheme. 23 The Florida Bar investigated almost a 24 third of the attorneys who worked for 25 Mr. Rothstein as a result of that Ponzi scheme www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108106  13 1 investigation. In the short six months during 2 which Mr. Edwards worked for Mr. Rothstein, 3 these cases against Mr. Epstein had gone from 4 barely litigated to full blown subpoenaed -- 5 subpoenaed parties who they knew or purportedly 6 knew, as you can check in our footnote, had no 7 knowledge whatsoever of these allegations of 8 the purported sexual abuse, but rather to 9 embarrass, would be our opinion, Mr. Edwards' 10 own statements of undisputed facts in his 11 affidavit actually contradict what he is now 12 submitting as true. 13 The evidence shows that there were more 14 than 18 attorneys and staff members suddenly 15 working on Epstein's cases. The use of Ken 16 Jennings to investigate these cases. There 17 were multiple actions being taken by Edwards 18 and his partner that already would be deemed 19 outside the litigation posit, extrinsic to the 20 litigation. 21 That's important, Judge, because in order 22 to prove any damages whatsoever, Mr. Edwards 23 has to point to any action that isn't protected 24 under the litigation action privilege, actions 25 that were taken extrinsic to or outside the www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108107  14 1 litigation. The failure to point to something 2 outside the process warrants dismissal of the 3 case. 4 We had the proof at the time the case was 5 filed, and admittedly it was my predecessor 6 counsel, actions that are taken outside the 7 process, communications with the press, using 8 the press to go after those close to Epstein, 9 e-mails between people that were actually 10 turned over. 11 The most important thing, Judge, their 12 motion to leave to assert a claim of punitive 13 damages never references to which complaint 14 they're referring, and upon which complaint 15 they're basing their claim against Mr. Epstein. 16 Because there has been three filed, and, 17 of course, dismissed without prejudice with 18 leave to amend, and now we have dismissed 19 without prejudice, one can't even properly 20 respond, but I would submit to the Court, 21 regardless of which one, in his answers to 22 discovery, Mr. Edwards has repeatedly, when 23 asked to identify the facts that support his 24 claims, his answers are always every pleading 25 filed, every entry on the docket. www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108108  15 1 Mr. Scarola and Mr. Edwards have failed to 2 show one action, one move that was taken 3 outside the process, one action that isn't 4 protected by litigation privilege. Because of 5 that, they cannot prove any damages, much less 6 the standard for punitive damages. Because 7 someone filed a lawsuit and when he's deposed 8 asserts the Fifth Amendment with respect to 9 some questions doesn't change the irrefutable 10 facts that were in existence at the time the 11 complaint was filed. 12 THE COURT: Well, I'm not talking about 13 the Fifth Amendment in regard to any question, 14 I'm talking about the Fifth Amendment in regard 15 to the specific question as to what is your 16 good faith basis, what facts did you have that 17 you relied upon, if I recall right, from 18 looking at some of this material, he was asked 19 specific questions about that, and he refused 20 to answer. 21 MS. COLEMAN: At the time, maybe he was 22 unable to answer. I'm sure in this case they 23 may redepose him, and it can be addressed then. 24 But I wasn't the lawyer, I can't tell you why 25 it was asserted at that time. All I can tell www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108109  16 1 you is right now the burden is on Mr. Edwards 2 to prove he's entitled to any damages and he's 3 entitled to punitive damages. 4 If we're talking about asserting a 5 privilege, Mr. Edwards, starting at page 16 of 6 our response, every discovery request in our 7 third set of interrogatories to Mr. Edwards, in 8 which we're trying to assert his purported 9 damages, failure to have damages, and this 10 Court has taken issue with that before, fails 11 to allow any claim, much less a claim for 12 punitive damages. Mr. Edwards has refused to 13 turn over how much money he's made, how much 14 money he's allegedly lost. He's claiming his 15 Constitutional Right to his financial privacy 16 at every corner when asked -- 17 THE COURT: I ruled on this? 18 MS. COLEMAN: No, Judge, we haven't gotten 19 that far yet. 20 THE COURT: Oh, okay. 21 MS. COLEMAN: There are so many discovery 22 issues, and that's why I submit while it's not 23 really relevant to this hearing until some of 24 these discovery orders are taken care of and 25 some of this discovery is furthered, punitive www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108110  17 1 damages is premature. And in our opinion, 2 whether or not we'll continue and refile our 3 counterclaim, I mean our case in chief, until 4 we get through, some of this discovery is also 5 premature. 6 I submit to this Court that because the 7 discovery that has been done to date, with 8 respect to Mr. Edwards' counterclaim, in which 9 he is now asserting right to privacy and 10 privilege, the very same about which he's 11 complaining Mr. Epstein did, he can't prove 12 damages, much less be entitled to such an 13 invasion of Mr. Epstein's privacy to start the 14 financial worth discovery without first proving 15 he's entitled to any damages at all. 16 Because it's laid out in glaring detail in 17 our motion and all the case law that has been 18 provided, we would submit their motion for 19 leave to amend to add punitive damages has to 20 be denied at this time because they failed to 21 prove their -- prove their damages. 22 THE COURT: Okay. Thank you. Yes, sir, 23 briefly. 24 MR. SCAROLA: Beginning at page 38 of our 25 statement of undisputed facts, we lay out 28 www.phippsreporting.com Mg8V e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108111  18 1 specific questions to which Mr. Epstein 2 asserted his Fifth Amendment privilege, all 3 which cover the heart of the allegations he 4 made against Bradley Edwards. 5 The discussion about needing to 6 demonstrate conduct outside the scope of the 7 privileges is -- excuse me, outside the scope 8 of the issues involved in the litigation is a 9 litigation privilege argument that your Honor 10 has heard repeatedly from opposing counsel. It 11 is based upon the Court's decision in Levin, 12 Middlebrooks which describes a broad litigation 13 privilege, applicable in the context of 14 legitimate claims. 15 The attempt to apply the litigation 16 privilege in the context of a malicious 17 prosecution and abuse of process claim makes no 18 sense at all. No court has ever held that the 19 litigation privilege protects against common 20 law claims for abuse of process and malicious 21 prosecution, but that's the argument that is 22 attempted to be made, it has no basis 23 whatsoever. This motion is more than 24 adequately, it is dramatically and 25 substantially supported, we ask the Court to www.phippsreporting.com e80f1917-26f9-4cfa-bba3-4354ecd33a52 EFTA01108112  19 1 grant it. I have a blank order and envelopes. 2 THE COURT: Okay. I'll take a look at it 3 and get you an order out shortly. 4 MR. SCAROLA: Thank you very much. 5 MR. GOLDBERGER: Thank you very much. 6 MS. COLEMAN: Your Honor, we printed out 7 all the cases that were cited. 8 THE COURT: Okay. 9 MS. COLEMAN: Thank you, sir. 10 THE COURT: I appreciate it. 11 MS. COLEMAN: Have a good day. 12 (Thereupon, the proceedings concluded at 13 10:20 a.m.) 14 15 16 17 18 19 20 21 22 23 24 25 www.phippsreporting.com l ith/l/WW/Whit-- el3Off917-26f94cfa-bba3-4354ecd33a52 EFTA01108113  20 COURT CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH I, CHRISTINE PHIPPS, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 6th day of January, 2013. PR, CLR Realtime Systems Administrator www.phippsreporting.com e8Off917-26f94cfa-bba3-4354ecd33a52 EFTA01108114  Page 21 A 15:13,14 18:2 2:8 care 16:24 3:14,214:9 5:5 ability 3:23 answer 10:21,25 attorneys 12:24 case 1:2 4:24 5:22 6:4 8:14 able 3:24 11:19 15:20,22 13:14 5:11,12 6:3 8:6 8:16 9:16,22 absence 6:19,20 answers 14:21 attorney-client 9:12 11:1 10:3,6,23 11:4 9:13 14:24 11.5 12:15,19,20 11:7,14,21,25 abuse 12:4 13:8 anticipating 5:3 Australian 2:9 14:3,4 15:22 15:21 16:18,21 18:17,20 anybody 10:19 authorized 20:9 17:3,17 19:6,9,11 accident 3:18 appear 4:16 avenue 2:9 6:9 cases 9:5 11:16 come 6:5 11:19 APPEARAN... awareness 7:2 12:9,12,21 commence 3:15 acknowledged 2:1 a.m 1:15 3:2 13:3,15,16 common 18:19 7:2 appearing 4:25 19:13 19:7 communicatio... action 13:23,24 applicable 18:13 cause 1:20 6:19 14:7 apply 18:15 B 9:13 compelling 6:15 15:2,3 appointment back 6:4 causing 7:16 8:5 actions 7:6 13:17,24 14:6 4:19 Bar 7:23 12:23 Center 2:9 complaining adamant 4:5 appreciate barely 13:4 certainly 6:3 17:11 add 3:5 17:19 19:10 BARNHART CERTIFICA... complaint 7:22 address 9:23 argue 4:11 5:4 2:14 20:1 14:13,14 15:11 addressed 15:23 6:3 based 18:11 certify 20:8 complaints 8:3 adequately 5:9 argued 5:19 basing 14:15 change 15:9 complete 20:11 18:24 argues 6:5 basis 9:20 10:1 check 13:6 completely 8:1 Administrator argument 18:9 10:19 15:16 chief 17:3 concerned 3:22 1:22 20:17 18:21 18:22 choice 4:13,14 9:17 admitted 12:8 arguments 8:16 Beach 1:1,16,17 Christine 1:22 conclude 6:16 admittedly 8:21 2:10,15,16 20:7,17 concluded 19:12 12:22 14:5 arrest 12:6 20:5 circuit 1:1,1,17 conclusion 6:25 Adverse 11:12 asked 9:19,25 began 3:2 10:14 conduct 18:6 11:14 14:23 15:18 Beginning 17:24 circumstances confidence 5:24 affidavit 13:11 16:16 behalf 2:3,13 6:15 7:1 confidential 9:7 aforesaid 1:20 asking 5:21 believe 5:23 circumstantial conscious 7:2 ago 10:10 assert 6:22 8:9 12:3 7:8 8:6,22 Constitutional agreement 14:12 16:8 blank 19:1 cited 19:7 16:15 10:13 asserted 10:4 blown 13:4 civil 7:17 11:16 context 4:23 ahead 6:10 12:17 15:25 Boulevard 2:15 civilly 7:5 18:13,16 allegation 9:12 18:2 Bradley 1:6 2:13 claim 8:9 12:4 continuance allegations 7:24 asserting 11:8 7:16,23 8:3 14:12,15 16:11 5:21 8:1 9:21 13:7 16:4 17:9 18:4 16:11 18:17 continue 17:2 18:3 asserts 15:8 brief 6:11 claiming 16:14 contradict 13:11 alleged 8:23 assumptions briefed 8:18 claims 6:17,24 conversation allegedly 16:14 11:11 briefly 17:23 14:24 18:14,20 8:25 allow 16:11 assure 9:8 broad 18:12 Clearlake 2:9 corner 16:16 amend 8:8 14:18 attempt 18:15 brought 7:17 client 4:4,14 counsel 12:12 17:19 attempted 18:22 8:2 5:25 9:19 14:6 18:10 amendment attempting 6:24 burden 8:8 16:1 client's 4:14 counterclaim 6:23 9:21,23 8:23 10:12 close 14:8 17:3,8 attention 7:11 C CLR 1:22 20:17 10:5,8,9,16 counterdefen... 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