EFTA00805488.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. / PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION TO UNSEAL DISC AND PROPOSED TRIAL EXHIBITS FOR USE AT BANKRUPTCY COURT SHOW CAUSE PROCEEDINGS AND DEPOSITIONS Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein") moves to unseal the disc and the 47 documents identified on Epstein's Trial Exhibit List for the limited purpose of the Bankruptcy Court's show cause proceedings and depositions, and in support thereof, states: INTRODUCTION Defendant, Bradley J. Edwards, along with Farmer 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 Bates Stamp" that Fowler White had in its files and turned over to Link & Rockenbach in February 2018. 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. EFTA00805488  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, respectively. This Court also allowed the deposition of Epstein on an additional limited basis, which is set on August 17. 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 it located in Fowler White's files and exhibits identified on Epstein's Trial Exhibit List which Edwards claimed were privileged. The exhibits were filed to protect Epstein's appellate rights. The sealing was accomplished by the Court's April 6, 2018, Agreed Order Directing Clerk to Seal Filings.I (Exhibit A.) As outlined in Epstein's Notices of Compliance with the Court's March 8, 2018, rulings, (Exhibit B) Link & Rockenbach maintained in a sealed box in its offices: (I) the unredacted Appendix filed in the State Court Action; (2) Fowler White's original disc; and (3) a set of the exhibits Edwards claims should not be allowed into evidence because they were identified on his 2011 privilege log. 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 I There was some delay in the sealing because the case was stayed pending appeal. 2 EFTA00805489 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 conies 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. 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 [fax] Kara Berard Primary: Primary: Secondary: Secondary: Trial Counselfor Plaintiff/Counter-Defendant Jay Epstein 3 EFTA00805490  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 Defendant1Counter-Plaintiff Bradley J. Edwards Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards 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 Defendant/Counter-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 cassellpalaw.utah.edu 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 4 EFTA00805491