EFTA01110735.pdf

TONJA HADDAD, PA 315 SE 7th Street telephone Suite 301 Fort Lauderdale, FL 33301 February 5, 2013 Via Hand Delivery The Honorable David Crow Palm Beach County Courthouse 205 N Dixie Highway Room 9.1215 West Palm Beach, FL 33401 Re: Epstein v. Rothstein. et al. Dear Judge Crow: As per yesterday's hearing, enclosed herewith please find a copy of our proposed Confidentiality Order regarding our client's net worth discovery in the above-referenced case. A copy of this proposed Order was sent to Mr. Scarola yesterday for his review and input, and a copy of his communication regarding same is also attached hereto. Please feel free to contact my office should any additional information be required. Sincerely, TONJA HADDAD, PA Tonja Haddad Coleman, Esq. for the firm cc: Jack Scarola, Esq. EFTA01110735 JEFFREY EPSTEIN. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN Plaintiff, AND FOR PALM BEACH COUNTY, FLORIDA vs. SCOTT ROTHSTEIN, individually, CASE NO.: 502009CA040800XXXXMBAG and BRADLEY J. EDWARDS. individually. JUDGE: CROW Defendants. CONFIDENTIALITY ORDER Pursuant to this Court's direction by Order of January 29, 2013, it is hereby ORDERED AND ADJUDGED that all discovery provided by the counter- defendant Jeffrey Epstein ("Epstein") in response to any discovery requests in this litigation concerning his or any of his affiliates' finances, employment, assets, liabilities, properties, income, investments, businesses, business holdings, accounts, taxes, tax returns, business dealings, net worth, any of their respective associates with respect to any of the foregoing, and any and all other similar information, including, without limitation, discovery provided by Epstein in response to counter- plaintiff Bradley J. Edwards's ("Edwards") Requests for Production to Counter- Defendant (Punitive Damages), dated December 21, 2012, and Edwards's Net Worth Interrogatories to Counter-Defendant, dated December 21, 2012, shall be held and maintained by Edwards and all members of his team of legal counsel in strict confidence and subject to the following conditions, the violation of which shall subject Edwards and his counsel to Contempt of Court: 1 EFTA01110736  1. Without further order of the Court, no documents or information provided by Epstein in response to any such discovery requests shall be filed or disclosed in any manner, directly or indirectly, by Edwards or any members of his team of legal counsel in the public record, including, without limitation, in or as attachments to, any motions, pleadings or other documents filed with the Court or any other court 2. No documents or information provided by Epstein in response to any such discovery requests shall be disclosed in any manner, directly or indirectly, by Edwards or any members of his team of legal counsel to any person or entity who or which is not a party to the litigation relating to Edwards's Fourth Amended Counterclaim against Epstein (the "Counterclaim Litigation"), including, without limitation, to any other Defendants or their respective counsel, in the case in chief originally commenced by Epstein, except that disclosure shall be permitted to those experts engaged by Edwards in the Counterclaim Litigation who sign a written agreement to be bound by the terms of this Confidentiality Order. Edwards shall maintain a list of all such experts (including all employees of such experts) to whom disclosure has been made, specifying the information and documents provided to each such expert, the method of transmission of such information and documents (letters, copies documents, email, etc.) and the number of copies and the names and contact information of the persons to whom transmitted (the "Delivery List"). Promptly upon the conclusion of the Counterclaim Litigation, Edwards and his legal counsel shall obtain the return of all such information or documents provided to such experts, and all copies thereof, or obtain a certification from such experts that 2 EFTA01110737 all such information and documents, and all copies thereof, have been destroyed. The return or certified destruction of such information and documents, or the failure to obtain the same, shall be indicated on the Delivery List which shall be provided to Epstein's counsel within ten (10) days after the conclusion of the Counterclaim Litigation. 3. Except as provided in paragraph 2 of this Confidentiality Order, no documents or information provided by Epstein in response to any such discovery requests shall be published, disseminated, or distributed in any manner, directly or indirectly, by Edwards or any members of his team of legal counsel to any person or entity who or which is not a party to the Counterclaim Litigation, including, without limitation, by posting or by referring in any manner to any of the same on any websites, blog sites, social media sites, or otherwise on the internet, or disclosing, delivering, distributing, transmitting or otherwise providing any of the same to authors, journalists, publishers, news outlets, magazine outlets, television outlets, or any other representatives of the media or the press. 4. No documents or other information provided by Epstein in response to any such discovery requests to Edwards or any members of his team of legal counsel shall be utilized, directly or indirectly, in any many whatsoever by Edwards or any of the members of his team of legal counsel in any proceeding whatsoever, except for proceedings in the Counterclaim Litigation, but subject to in all events to the other provisions contained in this Confidentiality Order, including, but not limited to, the provisions contained in paragraph 1 hereof. 3 EFTA01110738  S. Within ten (10) days after the conclusion of the Counterclaim Litigation, any and all documents or information provided by Epstein in response to any such discovery requests to Edwards or any members of his team of legal counsel, and any and all copies thereof, together with the Delivery List and all documents and information and all copies thereof returned by all experts (including all employees thereof) on Edwards's Delivery List, shall be returned to Epstein's legal counsel. 6. Any and all violations of this Confidentiality Order shall be referred to this Court and subject to punishment for Contempt of Court as determined appropriate by this Court. This Court shall retain jurisdiction over such matters after the conclusion of the Counterclaim Litigation in order to properly address any violations. The parties to this litigation, and all other third parties as defined above, expressly consent to the jurisdiction of this Court for said purpose. In addition to any and all other relief ordered by the Court, any persons found by the Court to have violated this Confidentiality Order shall pay and reimburse Epstein for any and all costs, fees and expenses, including but not limited to, attorney's fees and court costs, incurred by or billed to Epstein in connection with the enforcement of this Confidentiality Order necessitated by such violation. DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this day of February, 2013. DAVID F. CROW CIRCUIT JUDGE 4 EFTA01110739  Copies have been furnished to all counsel on the attached counsel list. COUNSEL LIST Jack Scarola, Esq. Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 JSX@ MEP@ Bradley J. Edwards, Esq. Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 bje.efile Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES TONJA HADDAD, PA 315 SE 7th Street Suite 301 Fort Lauderdale. Florida 33301 954,337.3716 (facsimile) nn Fred Haddad, Esq. 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 Jack Goldberger, Esq. Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 jgoldberger@ Lilly Ann Sanchez, Esq. LS Law Firm Four Seasons Tower - 15th Floor 1441 Brickell Avenue Miami, Florida 33131 EFTA01110740 lsanchez Marc Nurik, Esq. I East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 mare® 6 EFTA01110741 Tonja Haddad Coleman From: Jack Scarola < Sent: Monday, February 04. 20f 3 8.19 PM To: Tonja Haddad Coleman Cc: Mary E. Pir a Jack I <. ad Edwards( [email protected]; Deb Subject: Re: Edwa s adv. pstein: Please see attached letter and proposed Confidentiality Order You received our one page proposed confidentiality order on Friday morning and had three days to confirm my representation that it conformed exactly to confidentiality provisions in Judge Crow's Order denying your motion for protective order. Judge Crow took less than a minute as he sat on the bench listening to your excuses this morning to read the proposed order and confirm that the proposed order duplicated the comprehensive provisions in his own order. Although you continued to claim you had not read the proposal wr submitted, you acknowledged having read the identical provisions in the Court's order. Judge Crow then gave you the opportunity to address the adequacy of those provisions, and when you were unable to identify a single deficiency or objectionable provision, he said he would enter an order covering both confidentiality and the timing of your response. Accordingly, your untimely suggested order is moot, and there is no need for me to respond to it. On Feb 4. 2013. at 2:27 PM, "Tonja Haddad Coleman" aonjWittonjahaddad.com> wrote: Please see the attached proposed Confidentiality Order and advise as to your agreement to same. We are still awaiting a notice of cancelation of Wednesday's hearing, as the Judge indicated today that he is entering an Order as to when our discovery responses are due, thereby rendering Wednesday's hearing premature. Please advise. Tonja Haddad Coleman, Esq. TONJA HADDAD, ■ Advocate Building 315 SE 71h Street Fort Lauderdale, FL 33301 (954) 467-1223 (954) 337-3716 facsimile The information contained in this transmission may contain prinnieged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipent. you are hereby notified that any review. dissemination, distribution of duplication of this communication is strictly prohibited. If you are not the intended *sapient. please contact the sender by reply email and destroy all copies of the original message. From: Mary E. Pirrotta [mailto: Sent: Friday, February 01, 2013 11:44 AM To: Tonja Haddad Coleman Subject: Edwards adv. Epstein: Please see attached letter and proposed Confidentiality Order EFTA01110742  ********** *********** ********************************************************* * ***** ****** Privileged and Confidential Electronic communication is not a secure mode of communication and may be accessed by unauthorized persons. This communication originates from the law firm of Searcy Denney Scarola Barnhart & Shipley, ■ and is protected under the Electronic Communication Privacy Act, 18 U.S.C. 52510-2521. The information contained in this E-mail message is privileged and confidential under Fla. R. Jud. Admin. 2.420 and information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination. distribution, or copy of this communication is strictly prohibited. Personal messages express views solely of the sender and shall not be attributed to the law firm. If you received this communication in error, please notify the sender immediately by e-mail or by telephone at (800) 780-8607 and destroy all copies of the original message. Thank you. * ***** ******* ***** ******* ***** ******* ******** ********************************* * -• esafe scanned this email for malicious content ," • IMPORTANT: Do not open attachments from unrecognized senders ". <Discovery Confidentiality Order.pdt, **** ***** * ***** ************* ******** ********************************** ***** ******** ******* Privileged and Confidential Electronic communication is not a secure mode of communication and may be accessed by unauthorized persons. This communication originates from the law firm of Searcy Denney Scarola Barnhart & Shipley. ■ and is protected under the Electronic Communication Privacy Act. 18 U.S.C. S2510- 252 I . The information contained in this E-mail message is privileged and confidential under Fla. R. Jud. Admin. 2.420 and information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. Personal messages express views solely of the sender and shall not be attributed to the law firm. If you received this communication in error, please notify the sender immediately by e-mail or by telephone at (800) 780-8607 and destroy all copies of the original message. Thank you. 2 EFTA01110743