EFTA01069465.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY CIVIL DIVISION CASE NO.: 502009CA0408''\] D tmoEllvE rFV JEFFREY EPSTEIN, 2011 Plaintiff(s), vs. SCOTT ROTHSTEIN, etc., et al., Defendant(s). ORDER ON DEFENDANT EDWARDS' MOTION TO STAY SUBPOENA, ETC., THIS CAUSE came before the Court upon the Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS' Motion for Stay of Subpoena, etc. The Court heard argument of counsel, has reviewed the Motion and has been provided with copies of various Orders from the bankruptcy proceeding for the Southern District of Florida. After thorough review of the above, otherwise being fully advised in the premises, it is hereby CONSIDERED, ORDERED AND ADJUDGED as follows: The Motion seeks a stay of a subpoena/notice of production non-party directed to the bankruptcy trustee, Herb Stettin, in the bankruptcy court for the Southern District of Florida which seeks production of various records from the now defunct law firm of Rothstein, Rosenfeldt, Adler, P.A. which are in the possession of the trustee in bankruptcy. In response to these requests as well as a number of other requests from other claimants against the debtor law firm, the bankruptcy judge has taken jurisdiction to determine various privileges associated with these records. The Motion seeks an Order from this Court staying any subpoenas or notice of production from this Court and, therefore, removing jurisdiction from the bankruptcy court to make such determinations. This Court declines to do so. The bankruptcy court has set up a procedure for review and EFTA01069465 Epstein v. Rothstein Case No. 2009CA040800XXXEMBAG Order Page 2 determination of various privileges associated with these records. This Court will not interrupt that procedure. In doing so, however, this Court is not relinquishing any jurisdiction to ultimately determine whether or not records from the bankrupt law firm and/or any other records subpoenaed through this litigation are relevant, material, discoverable, privileged or not privileged for the specific purposes of this litigation. Moreover, this Court retains jurisdiction to determine whether any such privileges may have been eviscerated by reason of any alleged or claimed actions in this litigation. DONE AND ORDERED this = I day ofJanuary, 2011 at West Palm Beach,- Palm Beach County, Florida. DAVID F. CROW \A CIRCUIT COURT JUDGE Copy furnished: JACK SCAROLA, ESQUIRE, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409 JOSEPH L. ACKERMAN, ESQUIRE, 901 Phillips Point West, 777 S. Flaglcr Dr., West Palm Beach, FL 33401 MARC NURIK, ESQUIRE, One E. Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301 FARMER, JAFFE, 425 N. Andrews Ave., Suite 2, Ft. Lauderdale, FL 33301 JACK A. GOLDBERGER, ESQUIRE, 250 Australian Ave. S., Suite 1400, West Palm Beach, FL 33401 THE HONORABLE HERBERT M. STETTIN, TRUSTEE, One Biscyanc Tower, Suite 3700, Two South Biscayne Blvd., Miami, FL 33131 ROBERT CARNEY, SPECIAL MASTER, 2281 Saratoga Lane, West Palm Beach, FL 33409 EFTA01069466