EFTA01128607.pdf

One Financial Plaza Fowler White Burnett ATTORNEYS AT LAW Suite 2100 too Southeast Third Avenue Fort Lauderdale, Florida 33394 Susan H. Aprill April 5, 2011 BY FAX AND EMAIL Fred Haddad Fred Haddad Law Offices One Financial Plaza, Suite 2612 100 SE 3rd Ave. Fort Lauderdale, FL 33394 Re: Jeffrey Epstein v. Scott Rothstein, et al; 15th Judicial Circuit in and for Palm Beach County, Florida; Case No. 502009CA040800)0CaMBAG; Our File No. 80743 Dear Mr. Haddad: I understand that you had offered my partner, Lilly Ann Sanchez, three possible dates for the deposition of your client Russell Adler in the captioned case and that we would not need to subpoena him again. The dates given were April 6, 12, and 13. We selected April 12th, but have been unable during the past week to confirm with you that this date is still open. We called a few times last week but did not hear back from you. In the interim, we were advised by opposing counsel in this case that they cannot make any of the suggested dates and they offered April 20 and 26. Being unable to reach you, we selected April 20, 2011. Therefore, attached is the subpoena for Mr. Adler setting his deposition for that date in our offices. If, for any reason, the date or time presents a problem, I would appreciate hearing from you right away. I would also request several other dates that you and Mr. Adler find acceptable. We thank you and very much appreciate your cooperation. Sincerely, cc: Joseph L. Ackerman, Jr. Lilly Ann Sanchez W:18074METTR764-haddad-PR.docx Miami • Fort Lauderdale • West Palm Beach EFTA01128607  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Complex Litigation, Fla. R. Civ. Pro.1201 Plaintiff, Case No. 50 2009CA040800XXXXMB AG v. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants. RE-NOTICE OF TAKING DEPOSITION PLEASE TAKE NOTICE that the undersigned attorney or an attorney of the firm will take the deposition of: Name: Russell Adler Date and Time: Wednesday, April 20, 2011 at 9:00 a.m. Place: Fowler White Burnett, P.A. One Financial Plaza 100 Southeast 3rd Avenue, 21st Floor Fort Lauderdale, Florida 33394 Upon oral examination before HI TECH/UNITED REPORTING, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purposes of discovery, for the use at trial, or for such other purposes as are permitted under the rules of the Court. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed, faxed and emailed on this 1.14_i day of April, 2011 to Jack Scarola, Searcy Denney Scarola Barnhart EFTA01128608 & Shipley, Attorneys for Bradley J. Edwards, 2139 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409 and Marc S. Nurik, Law Offices of Marc S. Nurik, Attorneys for Scott Rothstein, One E. Broward Blvd., Ste 700, Fort Lauderdale, FL 33301. Respectfully bmitted, L. Ac erm• , Jr. e frel-- Fla. Bar No. 235954 FOWLER WHITE BURNETT P.A. Phillips Point 777 South Flagler, Suite 901 L 33401 cc: Hi-Tech/United Reporting, Inc. 1218 S.E. 3rd Avenue Fort Lauderdale, FL 33316 Telephone Number (954) 523-0915 Facsimile Number (954) 525-0511 2 EFTA01128609  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Complex Litigation, Fla. R. Civ. Pro.1201 Plaintiff, v. Case No. 50 2009CA040800XXXXMB AG SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants. / SUBPOENA FOR DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Russell Adler do Fred Haddad Fred Haddad Law Offices One Financial Plaza 100 SE 3r0 Ave., Suite 2612 Fort Lauderdale, FL 33301 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at the law offices of Fowler White Burnett, P.A., One Financial Plaza, 100 S.E. 3n° Avenue, 214 Floor, Fort Lauderdale, FL 33394 on the 20th day of April, 2011, at 9:00 a.m., for the taking of your deposition in this action and to have with you at that time and place the following: See Attached Schedule "A" If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. Dated on Apo 2011. For the C urt By: Joseph L. ckerman, r. 3 EFTA01128610 Joseph L. Ackerman, Jr. Fowler White & Burnett, P.A. Attorneysfor Plaintiff Jetty Epstein FOWLER WHITE BURNETT P.A. Phillips Point 777 South Flagler, Suite 901 West Palm Beach, FL 33401 4 EFTA01128611  SCHEDULE "A" I. DEFINITIONS 1. "Document" means any document known to you and every such document which can be located or discovered by reasonably diligent efforts; any original or copy of such in your custody, possession or control, including, but not limited to, any printed, written, recorded, taped, electronic (e-mails), graphic, or other tangible matter from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received or neither, including the original, all amendments and addenda and any non-identical copy (whether different from the original because of notes made on or attached to such copy or otherwise) of any and all writings, correspondence, letters, telegrams, facsimile communications, cables, notes, notations, papers, newsletters, memoranda, inter-office communications, releases, agreements, contracts, books, pamphlets, studies, minutes of meetings, recordings or other memorials of any type of personal or telephone conversations, meetings or conferences (including, but not limited to, telephone bills and long distance charge slips), reports, analyses, evaluations, estimates, projections, forecasts, receipts, statements, accounts, books of account, diaries, calendars, desk pads, appointment books, stenographer's notebooks, transcripts, ledgers, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, cancelled or uncancelled checks or drafts, vouchers, charge slips, invoices, purchase orders, accountant's reports, financial statements, newspapers, periodical or magazine materials, and any material underlying, supporting or used in the preparation of any documents or record whatsoever. 2. Written "Communications" means any documents evidencing communications between you and another person or persons of any kind. 3. "Referring to," "reflecting," "supporting," "evidencing" or "relates to" means in any way directly or indirectly, concerning, disclosing, describing, confirming, or representing. 4. "And" and "or" shall be construed in the disjunctive or conjunctive as necessary in order to bring within the scope of each request all documents which might otherwise be construed to be outside its scope. 5. "Epstein" means the Plaintiff. 6. "You" refers to the witness. 7. "Edwards" means Defendant Bradley J. Edwards. "Rothstein" means Defendant Scott Rothstein. "RRA" or the "Firm" means Rothstein Rosenfeldt Adler, P.A. 5 EFTA01128612  8. "Person" means any individual natural person, partnership, association, finn, corporation, organization, trust, governmental or public entity, and any of its agents, employees, assigns or representatives. 9. "Complaint" refers to the initial pleading or any Amended Complaint filed by Plaintiff in this Action. 10. All other terms are defined as they are in the Complaint. 11. Unless otherwise stated, the time frame for this Request is from October 1, 2008, through December 01, 2010. REQUESTS 1. Documents evidencing any and all written communications between y ou and Edwards regarding any pending and/or contemplated litigation against Epstein from September 2008 to the present. 2. All written communications between you and Edwards discussing compensation and benefits expected and/or requests by Edwards from RRA from September 2008 through October 31, 2009. 3. All written communications between you and Rothstein regarding Edwards. 4. All written communications to or from Edwards prior to his becoming an employee of RRA. 5. For the time period from March 1, 2009 to present, any and all documents between or on behalf of any agent of RRA (including you), and any third party regarding a purported settlement of any litigation between Epstein and an RRA client, or the financing of any litigation by an RRA client against Epstein (whether existing or fabricated clients), including but not limited to those: a. indicating that litigation with Epstein has been settled; b. soliciting or receiving money in return for settlement funds allegedly paid or to be paid by Epstein; c. soliciting money to help finance ongoing litigation against Epstein; d. soliciting money to be given to, or used on behalf of, any Plaintiffs in litigation against Epstein; and e. concerning payments made by RRA to or on behalf of any client that sued Epstein. 6 EFTA01128613  6. All documents which purport to evidence any transfer of funds or property from Epstein to RRA, Rothstein or any Rothstein-related entity for the settlement of any case (real or fabricated) against Epstein. 7. My employment agreements or documents between Edwards and RRA describing the compensation and benefits of Edwards as an employee of RRA. W:1807431Discovery\Subpoena for Depositim Duos Tecum - Adler (2).docx 7 EFTA01128614