EFTA00795582.pdf

Filing # 77409148 E-Filed 09/04/2018 04:28:53 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800)DCXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. AGREED MEDIATION CONFIDEN ER TI-IIS CAUSE came before the Court upon th t of (1) Bradley J. Edwards ("Edwards"), (2) Jeffrey Epstein ("Epstein"), nors Jane Doe, M t and= (collectively, "Intervenors"), and (4) F' eissing Edwards Fistos and Lehrman ("Farmer Jaffe") (collectively, the "Me cipants"), to participate in mediation subject to this Agreed Mediation Confidenti The Court, hereby ORDERS AND ADJU follows: 1. Non-party Fannyr Jaffe consents to the jurisdiction of this Court solely for purposes of participating medi&ion. 2. t to Florida Rule of Civil Procedure 1.720, Edwards, Epstein and a repr m Farmer Jaffe who has the full authority to settle without further consultation shall app at the mediation in person. The Intervenors' counsel, who shall have full authority to settle the matter without further consultation, shall appear at the mediation by telephone. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/04/2018 04:28:53 PM EFTA00795582  Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 150' Judicial Circuit Case No. 2009CA040800)OOO(MBAG Agreed Mediation Confidentiality Order Page 2 3. The Mediation Participants shall each file a Certification of Authority ten days in advance of the mediation identifying who will appear at the mediation conference and confirming the person's settlement authority in accordance with Florida Rule of Civil Procedure 7 0(c). 4. The mediation proceeding is confidential and privileged as settlerz ego Cations. All statements made during the course of the mediation are privileged se I t iscussions, are made without prejudice to any Mediation Participant's legal position a ar of discoverable or admissible for any purpose in any legal or administrative proc hatsoevcr. 5. Florida law applies and governs the media ng, but not limited to, Chapter 44, Florida Statutes, and the following specific con provisions: a. Florida Statute Seetio 44.403 Mediation C' enti ity and Privilege Act; definitions.—As used 1-44.406, the term: (1) "Mediation cation" means an oral or written statement, or n verbal induct intended to make an assertion, by or to a mediation ipant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation. The :s r conunission/ora crime during a mediation is not a mediation co unication. ediation participant" means a mediation party or a person attends a mediation in person or by telephone, videoconference, ther electronic means. +(3) "Mediation party" or "party" means a person participating directly, or through a designated representative, in a mediation and a person who: (a) Is a named party; (b) Is a real party in interest; or EFTA00795583 Jefikey Epstein v. Scott Rothstein and Bradley J. Edwards 15th Judicial Circuit Case No. 2009CA040800XXXXMBAG Agreed Mediation Confidentiality Order Page 3 (c) Would be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law. (4) "Mediator" means a neutral, impartial third person who facilitates the mediation process. The mediator's role is to reduce obstacles to communication, assist in identifying issues, explo alternatives, and otherwise facilitate voluntary agreemen siii) resolve disputes, without prescribing what the resolution m (5) "Subsequent proceeding" means an adjudicative p hat follows a mediation, including related discovery. b. Florida Statute Section 44.405(1) an : `1 ) k 44.405 Confidentiality; privilege; ex (1) Except as provided in tion, all mediation communications shall be confi ediation participant shall not disclose a mediation co on to a person other than another mediation partici ra cipant's counsel. A violation of this section may b as provided by s. 44.406. If the mediation is court violation of this section may also subject the m o icipant to sanctions by the court, including, but n limige to, costs, attorney's fees, and mediator's fees. (2) A media 15ttah party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications. Florida Statute Section 44.406: +44A06 Confidentiality; civil remedies.— (1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including: (a) Equitable relief. (b) Compensatory damages. EFTA00795584  Jeffrey Epstein v. Scott Rothstein and Bradley J Edwards 15th Judicial Circuit Case No. 2009CA040800)OOOCMBAG Agreed Mediation Confidentiality Order Page it (c) Attorney's fees, mediator's fees, and costs incurred in the mediation proceeding. (d) Reasonable attorney's fees and costs incurred in the A application for remedies under this section. (2) Notwithstanding any other law, an application for relief under this section may not be commenced later than 2 ye a date on which the party had a reasonable opportunity to breach of confidentiality, but in no case more than 4 y date of the breach. (3) A mediation participant shall not be s •ct civil action under this section for lawful compliance rovisions of s. 119.07. 6. The mediation is being conduc'it this action (Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards, 4 Judicial Circuit Case No. 50-2009-CA- 040800X)OOCMBAG) and the show ceedings (In re Rothstein Rosenfeldt Adler, P.A., U.S. Bankruptcy Court, Southpth. t of Florida, Case No. 09-34791-RBR) but will also address Epstein's potential clai ainst Fowler White. 7. For the litSteEpurpose of the mediation, Epstein's 47 trial exhibits (the "47 e- v mails") that Edwat*elaims are privileged and are currently under seal may be shown by Edwards' attomeys,only to the mediator, Fowler White's attorneys and Fowler White's insurance carrier represe tpiv . Edwards' counsel shall bring Edwards' copy of the 47 e-mails to the mediation for O this limited purpose. Edwards' counsel shall be present at all times during any review of the e- mails. No copies of the e-mails may be made and no notes may be taken regarding their content. 8. The use of the 47 e-mails during mediation will not constitute an additional argument of a waiver by Epstein of any privilege claimed by Edwards, Farmer Jaffe or the EFTA00795585 Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 15°' Judicial Circuit Case No. 2009CA040800)OOOCMBAG Agreed Mediation Confidentiality Order Page 5 Intervenors. However, this does not vitiate or limit Epstein's existing waiver arguments, which are preserved pending further rulings of this Court. DONE-AND ORDERED in West Palm Beach, Palm Beach C nty, Florida day 44 4-- of August 2018. THE I4 :4 DOT ELE CIRCUIT COURT JUDO SERVICE LIST Jack Scarola urlington Karen E. Terry Segal David P. Vitale, Jr. 2139 Palm Beach Lakes Boulevard West Palm Beach FL 33409 • Searcy, Denny, Scarola, Barnhart & Shipley S . ngton & Rockenbach, P.A. rthouse Commons, Suite 350 44 West Railroad Avenue West Palm Beach, FL 33401 Co-Counselfor Defendant/Counter- Plaintff Bradley Edwards Co-Counselfor Defend miler-Plaintiff Bradley J. Edward Bradley J. Ed Marc S. Nurik Edwards Po tingeY L C Law Offices of Marc S. Nurik 425 N. Andrews Avenue, Suite 2 One E. Broward Boulevard, Suite 700 le, FL 33301-3268 Ft. Lauderdale, FL 33301 Co-Co elfor Defendant/Counter-Plaintiff Counselfor Defendant Scott Rothstein Bradley J. Edwards and Counselfor Farmer Jaffe Weissing Edwards Fistos and Lehrman EFTA00795586 Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 15th Judicial Circuit Case No 2009CA040800)0CXXMBAG Agreed Mediation Confidentiality Order Page 6 Jack A. Goldberger Paul Cassell ' Atterbury, Goldberger & Weiss, P.A. S.J. Quinney College of Law at the 250 Australian Avenue S., Suite 1400 University of Utah West Palm Beach, FL 33401 383 S. University St. Salt Lake Ci UT 84112-073 Co-Counselfor Plaintiff/Counter-Defendant j thiailed Intervenor Co-Cotifi o, Jeffrey Epstein and Jane Doe O Scott J. Link Jay Howell Kara Berard Rockenbach Jay Howeicsociates Link & Rockenbach, PA 644 ., Suite 250 1555 Palm Beach Lakes Blvd., Suite 930 Jac L 32211 West Palm Beach, FL 33401 titCerIntervenor Co-Counselfor., nd Jane Doe Trial Counselfor Plaintio7Counter-D* S' nt Jeffrey Epstein 2084119 EFTA00795587