EFTA01120387.pdf

AMERICAN ARBITRATION ASSOCIATION Sitrick and Company vs. Jeffrey Epstein AAA Case # 72 147 00218 12 SIM REPORT OF PRELIMINARY HEARING AND SCHEDULING ORDER Pursuant to the Commercial Rules of the American Arbitration Associaion (AAA), a telephonic preliminary hearing was held on 6/18/12 , before Arbitrator Judge James M. Slater, Ret. Appearing at the h earing were Vincent S. Green, Esq., of Nemecek & Cole, representing Sitrick and Company ("Claimant"). There was no appearance by or on behalf of Jeffrey Epstein ("Respondent"). Pursuant to the Order of the Arbitrator, the following is now in effect: I. An additional telephonic preliminary hearing shall be held, if needed, by mutual agreement later, or by order of the Arbitrator. 2. a) Pursuant to the direction of Arbitrator, Claimant shall serve and file a disclosure of all non-expert witnesses reasonably expected to be called by the Claimant on or before July 23, 2012 . a) The disclosure of witnesses shall include the full name of each witness, a short summary of anticipated testimony, copies of any experts' reports, and written C.V. of experts. If certain required information is not available, the disclosures shall so state. Each party shall be responsible for updating its disclosures as such information becomes available. The duty to update this information continues up to and including the date that hearing(s) in this matter terminate. b) The parties shall make arrangements to schedule the attendance of witnesses for depositions and the arbitration hearing so that the depositions and hearing will proceed with all due expedition and without any unnecessary delay. 3. Exhibits to be used at the hearing will be arranged chronologically, to the extent possible, and provided to the Arbitrator at the arbitration hearing in 3-ring binders, no larger than 2 '/2 inches in width. The exhibits are to be tabbed and paginated, and the exterior binding marked so as to state the numbered exhibits contained therein. A document that is to be used solely for impeachment need not be included in the exhibits provided to opposing counsel or the Arbitrator. The Arbitrator will dispose of all exhibits within 60 days of a final award being submitted, unless specifically requested to retain them for a longer period. 4. Hearings in this matter will commence before the Arbitrator at AAA — Los Angeles on 8/20/12 at 10:00 a.m. It is estimated that this case will require 3 hours of EFTA01120387 hearing time, inclusive of argument. (Please see Notice of Compensation Arrangements regarding 6-hour minimum charge.) Cancellation/continuance provisions are pursuant to the Arbitrator's Resume: Cancellation/continuance policy for cases with reserved time of 5 days or less: Cancellation/continuance within 30 days of the first day of hearing = 50% of total fee for time reserved for hearing; within 20 days = 75% of total fee for time reserved for hearing. The cancellation/continuance fee will be reduced to the extent the vacated time is filled. July 19, 2012 is the last day to cancel or continue the hearing before the 30-day cancellation shall apply. July 30, 2012 is the last day to cancel or continue the hearing before the 20-day cancellation shall apply. 5. Any and all documents to be filed with or submitted to the Arbitrator outside of hearing shall be given to the AAA Case Administrator for transmittal to the Arbitrator. COPIES OF SAID DOCUMENTS SHALL ALSO BE SENT SIMULTANEOUSLY TO THE OPPOSING PARTY. There shall be no direct oral or written communication between the parties and the Arbitrator, except at oral hearings. 6. On or before August 13, 2012 , each party shall serve and file a Motion for Award based on proper service and notice to Respondent, and evidence to be produced at hearing on 8/20/12 at 10:00 a.m. 7. a) Form of Award: XX (1) Standard Award (2) Reasoned Award (3) Findings of fact and conclusions of law b) Court Reporter: No. 8. This order shall continue in effect unless and until amended by subsequent order of the Arbitrator. Dated: June 18, 2012 Signed: James M. Slater Judge James M. Slater, Ret. Arbitrator 2 EFTA01120388