EFTA00610183.pdf

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXX MB AG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant(s). / PROCEEDINGS HELD BEFORE JUDGE DONALD HAFELE PLAINTIFF'S MOTION TO SET CASE FOR TRIAL HELD: Tuesday, June 6, 2017 Palm Beach County Courthouse West Palm Beach, Florida 8:45 a.m. - 9:21 a.m. Palm Beach Reporting Service, Inc. EFTA00610183  2 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFF(S): 3 SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. 4 By: JACK SCAROLA, ESQUIRE 5 6 7 8 ON BEHALF OF THE DEFENDANT(S): 9 TiN A HADDAD P A 10 By: TONYA HADDAD COLEMAN, ESQUIRE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Palm Beach Reporting Service, Inc. EFTA00610184  3 1 PROCEEDINGS 2 - - - 3 MR. SCAROLA: Good morning. Your Honor, I 4 first call the Court's attention to the objection 5 to this hearing that was filed by -- 6 THE COURT: Right. I read that, and I'm not 7 terribly comfortable with going forward. The only 8 thing is -- what I don't have a problem with 9 discussing is the fact that I'm not certain why 10 you're here. In other words, have you filed a 11 notice to set the case for trial and has there been 12 some delay in not getting it set? 13 MR. SCAROLA: No, sir. At the time that this 14 case was continued at the request of Mr. Epstein it 15 was because your Honor was awaiting appellate 16 proceedings in the Supreme Court. We had requested 17 the case, since it was not formally stayed, that 18 the case be placed on a trial calendar. 19 Your Honor entered an order, and a copy of 20 that order is in the package that I left for your 21 Honor. Your Honor entered an order reflecting that 22 upon resolution of the Supreme Court proceedings, 23 this matter would be set. And your Honor commented 24 at that time that you would attempt to give us a 25 trail setting within 60 days because this is one of Palm Beach Reporting Service, Inc. EFTA00610185  4 1 those very old cases. Your Honor will note that 2 it's a 2009 case. We have been attempting to get 3 this matter to trial for a long time. 4 THE COURT: Okay. Well, I'm not what I'm 5 going to do is this: I'm going to ask you to speak 6 with counter-defendant's counsel and prepare a 7 discovery schedule and any kind of anticipated 8 motion schedule and the times and dates that you 9 think are appropriate, which should filter down to 10 a trial date. 11 Absent agreement in that regard, I'll invite 12 you to come back at an 8:45 when both sides are 13 available so that I can then hopefully flesh out 14 any type of disagreements, and we will come to some 15 type of trial date that will be satisfactory to the 16 parties and to the Court. 17 I'll be the one to make the ultimate decision 18 as to when it's going to be tried based upon what 19 I'm going to hear from the respective parties if 20 you all cannot work out a discovery and motion 21 schedule, as I have suggested, or as I'm going to 22 order. 23 I don't want to hear anything substantive now 24 in light of Miss Haddad's absence. 25 There's nobody else here for Mr. Epstein Palm Beach Reporting Service, Inc. EFTA00610186  5 1 today? 2 MR. SCAROLA: I would only note, your Honor, 3 as is reflected on the Certificate of Service, in 4 my communications with Miss Haddad I mentioned four law firms representing Mr. Epstein. There are in 6 fact five law firms representing Mr. Epstein. Your 7 Honor may recall that there have repeatedly been 8 other lawyers that have appeared and substantively 9 argued matters before this Court, and the last time 10 the issue with regard to scheduling arose, 11 Mr. Haddad was represented to be lead counsel in 12 this case and the objection was raised that because 13 he had trial conflicts, this matter could not be 14 set on the basis of his trial conflicts. 15 So I've had a great deal of difficulty being 16 able to coordinate with opposing counsel when there 17 are five lawyers on the other side and a matter 18 such as this, respectfully, could have and should 19 have been handled by any one of those other five 20 law firms. So that's the reason -- 21 THE COURT: I understand your position. And 22 as I said, I am very conscious of not only the 23 issues that you have raised, but also wanting to 24 make sure that everyone receives due process. And 25 my understanding is that you're out from the 9th to Palm Beach Reporting Service, Inc. EFTA00610187  6 1 the 23rd -- 2 MR. SCAROLA: I'll have somebody else cover 3 for me, sir. I don't want this matter delayed 4 being set for trial. Mr. Edwards is co-counsel with me in this matter, and he will be here if I'm 6 not available. I have offered those alternatives 7 to the other side, and I am just not getting 8 cooperation. 9 Our position is this case is ready for trial. 10 It was ready previously, it's ready now. I 11 respectfully suggest we don't need a schedule. 12 What we need is a trial date. 13 THE COURT: Okay. 14 MR. SCAROLA: But I'll certainly follow your 15 Honor's direction. I will contact opposing 16 counsel. I'll attempt to put something together. 17 But until we have a target to shoot for, it's going 18 to be very difficult to put together an order that 19 is going to be agreeable to both sides. 20 THE COURT: All right. As I said, I don't 21 want to get into anything beyond mere scheduling at 22 this time because I do want to respect the fact 23 that no one is here representing Mr. Epstein, and 24 Miss Haddad did indicate that she was starting 25 trial this morning until, I believe it's the 9th, Palm Beach Reporting Service, Inc. EFTA00610188  7 1 and then after that there was some time that you're 2 not going to be here, and then I'm out the 3 following week. So we'll do what we can. I'll do 4 the best I can to try to cobble something together 5 and get it out to you as soon as I can. 6 MR. SCAROLA: So -- I just want to make sure I 7 understand then. I'm relieved of the 8 responsibility of trying to set a schedule? Your 9 Honor is going to -- 10 THE COURT: I'm going to enter an order in 11 that regard. 12 As I said, I'm trying to comport as best I can 13 with my ethical obligations to discuss only issues 14 of scheduling here. 15 MR. SCAROLA: I understand, sir. Thank you 16 very much, your Honor. 17 THE COURT: Okay. Thank you again. 18 (Thereupon at 9:21 a.m., the hearing was 19 concluded.) 20 21 22 23 24 25 Palm Beach Reporting Service, Inc. EFTA00610189  8 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, COUNTY OF PALM BEACH. 4 5 I, Elaine V. Williams, Registered Professional Reporter, State of Florida at large, do hereby certify 6 that I was authorized to and did report the above hearing at the time and place herein stated, and that it 7 is a true and correct transcription of my stenotype notes taken during said hearing. 8 I further certify that I am not attorney or 9 counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected 10 with the action, nor am I financially interested in the action. 11 The foregoing certification of this transcript 12 does not apply to any reproduction of the same by any means unless under the direct control and/or direction 13 of the certifying reporter. 14 IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 2017. 15 16 17 Elaine V. Williams Notary Public in and for the State of Florida 18 My Commission Expires 03/27/21 My Commission #GG 72248 19 20 21 22 23 24 25 Palm Beach Reporting Service, Inc. EFTA00610190