EFTA00805483.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION TO UNSEAL DISC AND PROPOSED TRIAL EXHIBITS FOR USE AT BANKRUPTCY COURT SHOW CAUSE PROCEEDINGS AND DEPOSITIONS Counter-Defendant Jeffrey Epstein ("Epstein") moves to unseal the disc labeled "Epstein Bate Stamp" and the 47 documents identified on Epstein's March 5, 2018, Clerk's Trial Exhibit List for the limited purpose of the Bankruptcy Court's show cause proceedings and depositions, and in support thereof, states: INTRODUCTION Counter-Plaintiff Bradley J. Edwards ("Edwards"), along with Fanner Jaffe and Intervenors L.M., E.W. and Jane Doe (collectively, the "Bankruptcy Movants") have moved the Bankruptcy Court for an Order to show cause why a November 2010 Agreed Order' has not been violated and for sanctions. The subject of those proceedings is a disc labeled "Epstein Bate Stamp" 'November 30, 2010, Agreed Order Cancelling Hearing on Motion for Relief from the Amended Order (DE 1068) and to Compel Jeffrey Epstein to Pay for the Production of All Documents in Response to His Requests Filed by Interested Party Fanner, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., In re Rothstein Rosenfeld! Adler, P.A., United States Bankruptcy Court, Southern District of Florida, Case No. 09-34791-RBR [D.E. 1194]. EFTA00805483 that Fowler White had in its files and turned over in February 2018 to Epstein's current trial counsel, Link & Rockenbach. The Bankruptcy Movants claim that Fowler White's retention of the disc is a violation of the November 2010 Agreed Order and they seek sanctions against Fowler White and Epstein for that retention. A show cause hearing is currently scheduled before the Bankruptcy Court on August 23 and 24, 2018. The Bankruptcy Court has allowed limited depositions of Epstein and representatives of Link & Rockenbach and Fowler White. Those depositions are currently set on August 17, 20 and 21, 2018, respectively. This Court also allowed the deposition of Epstein on an additional limited basis, which is set on August 17, 2018. Because the disc itself and the 47 exhibits Edwards claims are privileged have been sealed by this Court, Epstein respectfully moves to unseal those documents for the limited purpose of the Bankruptcy Court's show cause proceedings and the upcoming depositions. BACKGROUND During the March 8, 2018, hearing, the Court instructed Epstein to file under seal Link & Rockenbach's copy of the disc and exhibits identified on Epstein's March 5, 2018, Clerk's Trial Exhibit List which Edwards claimed were privileged. The exhibits were filed under seal to protect Epstein's appellate rights. The sealing was accomplished by the Court's April 6, 2018, Agreed Order Directing Clerk to Seal Filings? (Exhibit A.) As outlined in Epstein's Notices of Compliance with the Court's March 8, 2018, rulings, (Composite Exhibit B) Link & Rockenbach maintains in a sealed box in its offices: (1) the unredacted Appendix filed in the State Court Action; and (2) a set of the e-mail exhibits Epstein's counsel printed from the disc and identified on Epstein's March 5, 2018 Clerk's Trial Exhibit List 2There was some delay in the sealing because the case was stayed pending appeal. 2 EFTA00805484 which Edwards claims were late disclosed and/or identified on his 2011 privilege log3. In addition, Link & Rockenbach maintains in a sealed envelope with Fowler White's original boxes the original disc located in Fowler White's records. ARGUMENT The Bankruptcy Court's Show Cause hearing is an evidentiary hearing and the parties are required to submit exhibits to the Bankruptcy Court two days in advance of the hearing. The disc located in Fowler White's records and the 47 exhibits Epstein identified which were obtained from the disc are the central focus of the hearing. Similarly, the witnesses' testimony will be based on the disc and 47 exhibits. Epstein asks the Court to allow his counsel to unseal the box maintained in Link & Rockenbach's offices for use solely during the Bankruptcy Court ordered depositions when Edwards' counsel is present. The box will then be resealed at the conclusion of each deposition. Epstein further requests that he be allowed to provide the Bankruptcy Court two days in advance of the show cause hearing with copies of the disc and 47 exhibits and that his counsel be allowed to unseal the box for the duration of the show cause evidentiary hearing. CONCLUSION Accordingly, Epstein seeks permission from the Court to allow his counsel, Link & Rockenbach, to unseal the box maintained in its offices for use as evidence at the Bankruptcy Court's show cause proceedings and as exhibits at the upcoming depositions as outlined above. 3The exhibits include both the 47 exhibits Edwards claims are privileged and other documents printed from the disc but which were earlier produced in the case. 3 EFTA00805485  CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on August 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(1). LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 930 West Palm Beach, Florida 33401 [fax] By: /s/ Scott J. Link Kara Berard Rockenbach Primary: Primary: Secondary: Secondary: Trial Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein SERVICE LIST Jack Scarola Philip M. Burlington Karen E. Terry Nichole J. Segal David P. Vitale, Jr. Burlington & Rockenbach, P.A. Searcy, Denny, Scarola, Barnhart & Shipley, P.A. Courthouse Commons, Suite 350 2139 Palm Beach Lakes Boulevard 444 West Railroad Avenue West Palm Beach, FL 33409 West Palm Beach, FL 33401 Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards 4 EFTA00805486  Bradley J. Edwards Marc S. Nurik Edwards Pottinger LLC Law Offices of Marc S. Nurik 425 N. Andrews Avenue, Suite 2 One E. Broward Boulevard, Suite 700 Fort Lauderdale, FL 33301-3268 Ft. Lauderdale, FL 33301 Co-Counselfor Defendant1Counter-Plaintiff Counselfor Defendant Scott Rothstein Bradley J. Edwards Jack A. Goldberger Paul Cassell Atterbury, Goldberger & Weiss, P.A. 383 S. University 250 Australian Avenue S., Suite 1400 Salt Lake City, UT 84112-0730 West Palm Beach FL 33401 [email protected] LimitedIntervenor Co-Counselfor L.M., E.W. and Jane Doe Co-Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein Jay Howell Jay Howell & Associates 644 Cesery Blvd., Suite 250 Jacksonville, FL 32211 LimitedIntervenor Co-Counselfor L.M., E.W. and Jane Doe 2067547 5 EFTA00805487