EFTA01115102.pdf

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY Case No. 502009CA0408003OOOCMBAG JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants, JOINT PRETRIAL STIPULATION Pursuant to this Court's Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, PlaintifUCounter-Defendant Jeffrey Epstein ("Epstein") and Defendant/Counter- Plaintiff Bradley Edwards ("Edwards') hereby submit this Joint Pretrial Stipulation. 1. List of All Pending Motions: a. Edwards' Motion to Determine Entitlement to Adverse hnference and Precluding Epstein from Offering Evidence at Trial; b. Epstein's Motion to Quash Edwards's Subpoenas Duces Tecum and for Sanctions; c. Epstein's Motion for Summary Judgment. d. Epstein's Motion in Limine. e. Edwards' Motion to Compel Answers to Interrogatories EFTA01115102 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Pretrial Stipulation Page 2 2. Stipulated Facts: None. 3. Statement of Issues of Fact for Determination at Trial: a. Plaintiff contends that the following are issues of fact for determination at trial: 1. Whether Epstein had probable cause to bring suit against Edwards for the claims brought by him; 2. Did Epstein maliciously and improperly set in motion a chain of events that lead to the initiation of a judicial proceeding against Edwards? 3. Whether Epstein sued Edwards maliciously; 4. Whether Epstein continued the prosecution of the claims against Edwards out of malice and for the ulterior motive of attempting to extort Edwards; 5. Whether Epstein engaged in an illegal, improper, or perverted use of the judicial process by his actions in the case he pursued against Edwards; 6. Whether and to what extent Edwards has been damaged in the past and will continue to be damaged in the future; 7. Whether and in what amount it is appropriate to impose punitive damages against Epstein b. Defendant contends that the following are issues of fact for determination at trial: 1. Epstein agrees that Edwards must prove each and every one of the issues listed above. EFTA01115103 Edwards adv. Epstein Case No. 502009CA040800)OOOCMBAG Pretrial Stipulation Page 3 2. Whether Edwards has overcome the litigation privilege. 3. Each and every allegation in Edwards's Complaint. 4. Exhibit Lists (with Objections): Plaintiff's Exhibit List is attached as Exhibit A Defendant's Exhibit List is attached as Exhibit B 5. Witness Lists: Plaintiff's Witness List is attached as Exhibit A Defendant's Witness List is attached as Exhibit B 6. Estimated Trial Time: 10 trial days 7. Names, Addresses, and Telephone Numbers of Attorneys to Try the Case: For Plaintiff: Jack Scarola, Esquire Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach. FL33409 EFTA01115104 Edwards adv. Epstein Case No. 502009CA040800XXIOCMBAG Pretrial Stipulation Page 4 For Defendant: Fred Haddad, 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 Jack Golc )eri er, Es.. i Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Tonja Haddad Coleman, Esquire Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 8. Number of Peremptory Challenges Per Party: 3 EFTA01115105 Edwards adv. Epstein Case No. 502009CA0408003OOOCMBAG Pretrial Stipulation Page 5 9. Short, Plain Statement of the Case Which Will Be Read to the Jury: Edwards' Proposed Statement: Jeffrey Epstein was criminally accused of engaging in illicit sexual activity with multiple under-aged females. More than 20 persons alleging to be victims of Epstein's crimes brought civil suits against Epstein. Several of those persons were represented by Attorney Bradley Edwards. While the claims on behalf of those persons were being prosecuted by Edwards, it was publicly disclosed that the senior partner in the law firm that employed Edwards, Scott Rothstein, had conducted a fraudulent scheme which, in part, had used the claims against Epstein to induce investors to buy interests in non-existent settlements. Rothstein's scheme raised hundreds of millions of dollars and was one of the largest frauds in U.S. history. After the Rothstein scheme unraveled and the fraud was publicly disclosed, Epstein went to his attorneys and arranged for a lawsuit to be filed against Edwards. Epstein's attorneys then filed suit against Edwards alleging that he was a knowing participant in Rothstein's fraud. Epstein later settled the claims being prosecuted by Edwards on his client's behalf, but Edwards continued to pursue an action challenging the plea deal Epstein struck with the Federal government. Bradley Edwards defended against Epstein's lawsuit, challenging it on the grounds that it had no legal or factual support. Shortly before the Court was scheduled to rule on Mr. Edwards' challenge, Epstein dropped all of his claims against Edwards. Bradley Edwards has now sued EFTA01115106 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Pretrial Stipulation Page 6 Jeffrey Epstein alleging that the sole reason for Epstein's lawsuit was an attempt to intimidate Edwards into abandoning or compromising his clients' interests. Epstein's Proposed Statement: Epstein contends no statement is required or necessary. 10. Detailed List of All Agreements and Stipulations that May Affect the Trial: None 11. Certification of Counsel: Each of the attorneys who will try the case have read the Order Setting Trial and and have fully complied with the Order or will comply by the first day of trial. DATED this day of Tonja Haddad Coleman, Esquire 315 SE 7th Street, Suite 301 y Denney Scarola Barnhart & Fort Lauderdale, FL 33301 Shipley, P.A. 2139 Palm Beach Lakes Boulevard air West Palm Beach, FL 33409 Attorneys for Jeffrey Epstein Attorneys for Bradley J. Edwards EFTA01115107