EFTA00793749.pdf

Filing # 69584453 E-Filed 03/21/2018 11:20:21 AM IN THE CIRCUIT COURT OF THE 1.11- I'EENTH 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 MAKE COURT RECORDS CONFIDENTIAL Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), pursuant to the 15th Judicial Circuit's Administrative Order 2.303-9/09, moves the Court to make court records confidential, and in support thereof, states: 1. There is a dispute between Epstein and DefendanUCounter-Plaintiff Bradley Edwards ("Edwards") over the privileged nature of certain documents that were included on a disc recently obtained from Epstein's former counsel, Fowler White. 2. Epstein recently identified exhibits on his Clerk's Trial Exhibit List which included documents obtained from the disc. Edwards moved to strike those exhibits both on their untimely disclosure and because he alleged 49 of the exhibits were attorney-client privileged. 3. The Court held a hearing on March 8, 2018, at which time Edwards' Motion to Strike Epstein's Untimely Supplemental Exhibits and to Strike All Exhibits and Any Reference to Documents Containing Privileged Materials Listed on Edwards' Privilege Log was heard. The EFTA00793749 Court struck Epstein's newly disclosed exhibits as untimely but did not make any findings on the privileged nature of the documents. In order for Epstein to preserve his rights concerning the Court's rejection of the ore tenus request for an in camera inspection and striking of Epstein's newly disclosed exhibits, the Court directed Epstein to file under seal the newly disclosed trial exhibits which Edwards has claimed are privileged. (3/8/18 Aft. Tr. 62:2-63:1.) 4. At the March 8, 2018, hearing, the Court also stated that the copy of the disc entitled "Epstein Bates Stamp" obtained from Fowler White's files should be filed under seal: ... that the one disk containing the documents that are being sought to be introduced at trial to take [sic] to record will be permitted to be filed under seal. (3/8/18 Aft. Tr. 75:16-18.) The Court directed the Link & Rockenbach firm to maintain Fowler White's original files (including the original disc). (3/8/18 Aft. Tr. 80:8-81:15.) 5. Because the case was stayed on March 9, 2018, by the Fourth District Court of Appeal, Epstein could not move the Court to seal the disc and exhibits in accordance with Administrative Order 2.303-9/09. Epstein, however, on March 11, 2018, served a Notice of Service of Court's March 8, 2018, Hearing Transcripts and Compliance with Court's Rulings, a copy of which is attached as Exhibit A. Simultaneously with the filing of this Motion, Epstein is filing the disc and stricken trial exhibits under seal in compliance with the Court's rulings at the March 8, 2018, hearing. 6. While on March 12, 2018, nunc pro tune to March 8, 2018, the Court entered an Agreed Order sealing two docket entries which referenced the contents of documents Edwards claimed are attorney-client privileged, the Order did not address the sealing of the disc and the stricken trial exhibits. 7. The Fourth District Court of Appeal's stay has now been lifted in part. 2 EFTA00793750  8. Epstein recognizes that Administrative Order 2.303-9/09 provides that a request to seal court records must be made by written motion and that the parties may not submit an agreed- upon order. Specifically, the Administrative Order provides: I. A request to make court records ... confidential in any type of case must be made by written motion. Parties cannot submit an agreed-upon order. The Motion must be captioned "Motion to Make Court Records Confidential" ... The Motion must identify with particularity the records or hearing to be made confidential and the grounds upon which it is based. ... *** 3. A public hearing on any motion to seal a court record ... will be held as soon as practicable but no sooner than ten (10) days after notice is given to the public and the press. ... 4. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing. ... The order must contain specific findings that the degree, duration, and manner of confidentiality are no broader than necessary to protect the interests listed in the Interim Rule of Judicial Administration 2.420(c)(9)(A). Accordingly, to assure that the disc and stricken trial exhibits that Edwards claims are privileged are accepted by the Clerk under seal and remain under seal, Epstein requests an Order authorizing such filings and advising the Clerk that such filings shall remain under seal until further order of the Court. By filing this Motion, Epstein does not agree with Edwards' privilege assertions. CERTIFICATION This motion is being made in good faith and is supported by a sound factual and legal basis. 3 EFTA00793751  CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on March 21, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(1). LINK & ROCKENBACH, PA By: /s/ Scott J. Link Scott J. Link (FBI_ Kara Berard Rockenbach Rachel J. Glasser FBN Primary: Primary: Primary: Second Second Second Trial Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein 4 EFTA00793752  SERVICE LIST Jack Scarola Philip M. Burlington Karen E. Terry Nichole J. Segal David P. Vitale, Jr. Burlington & Rockenbach P.A. • Ivii • : , gi i , & Shipley, P.A. 50 ard o- ounse or e en an ouster-Plaintiff Bradley J. Edwards Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Bradley J. Edwards Marc S. Nurik Edwards Pottinger LW Law Offices of Marc S. Nurik nue, Suite 2 yard, Suite 700 33301-3268 301 Co-Counselfor Defendant/Counter-Plaintiff Counselfor Defendant Scott Rothstein Bradley J. Edwards Jack A. Goldberger Paul Cassell 4 - to op .. - . . eiss, P.A. Suite 1400 0730 ' II LimitedIntervenor Co-Counselfor LM., E.W. and Jane Doe o- ounse or • aintii. ounter-Defendant Jeffrey Epstein Jay Howell Jay Howell & Associates ., Suite 250 32211 LimitedIntervenor Co-Counselfor LM., E.W. and Jane Doe 5 EFTA00793753 EXHIBIT A EFTA00793754  IN THE CIRCUIT COURT OF THE H1- 1 EENTH 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 NOTICE OF SERVICE OF COURT'S MARCH 8, 2018, HEARING TRANSCRIPTS AND COMPLIANCE WITH COURT'S RULINGS! Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein") hereby serves the transcripts (morning and afternoon sessions) of the March 8, 2018, hearing, and provides his Notice of Compliance with the Court's rulings. Epstein will file this Notice with the Court once the stay is lifted. THE COURT'S RULINGS At that hearing, the Court made the following rulings: • As to Intervenors' (E.W., L.M. and Jane Doe) request to temporarily seal the pleadings relating to the e-mails, the Court granted the request and asked for a proposed Order. (Morning Session, 3/8/18 4:16-5:1.) • The sanitized redacted version of Epstein's Notice of Filing Appendix shall be filed under seal. (Afternoon Session, 3/8/18 75:20-23.) Although no written Order has been entered and the proceeding is stayed, Epstein has complied with and will continue to comply with the Court's rulings on the record. EFTA00793755  • In order for Epstein to preserve his rights concerning the Court's rejection of the last-minute request for an in-camera inspection and the striking of his newly disclosed exhibits, Epstein shall file under seal the newly disclosed trial exhibits which Edwards has claimed are privileged. (Afternoon Session, 3/8/18 62:2-63:1.) These do not include exhibits that were already in the Court file or used in this case. (Afternoon Session, 3/8/18 76:8-21.) • Link & Rockenbach, PA's copy of the disc entitled "Epstein Bate Stamp" that is the subject of the dispute will be filed under seal. (Afternoon Session, 3/8/18, 75:12-18.) • Link & Rockenbach, PA to retain Fowler White's boxes, including the original disc. (Afternoon Session, 3/8/18, 80:8-81:15.) On Friday, March 9, 2018, at 4:15 p.m. the Fourth District Court of Appeal entered its Order staying the state court action pending its review. PLAINTIFF/COUNTER-DEFENDANT'S COMPLIANCE Plaintiff/Counter-Defendant Jeffrey Epstein's counsel, Link & Rockenbach, PA, have complied with the Court's rulings at the March 8, 2018, hearing as follows: • Link & Rockenbach, PA has not made any further dissemination of the documents included in the Appendix in Support of Epstein's Response in Opposition to Edwards' Second Supplement to Motion in Limine Addressing Scope of Admissible Evidence, trial exhibits or other documents from the disc that Edwards has asserted privilege claims over. • On March 8, 2018, Link & Rockenbach, PA notified its client, its co-counsel (Jack Goldberger), its litigation team working on this matter, and its expert, Timothy Chinaris, to destroy all hard copies and electronic versions of the documents obtained from the disc and any copies of the discs that they had in their possession. • On March 6, 2018, Epstein filed his Notice of No Objection to Attorney Paul Cassell, on Behalf of L.M., E.W. and Jane Doe, or Defendant/Counter-Plaintiff Bradley J. Edwards Moving to Seal Court Records Until the Court Makes a Determination on How the Documents Shall be Treated. • Link & Rockenbach, PA is assisting Edwards' counsel to seal the redacted version of D.E. 1242, Epstein's Notice of Filing Redacted Appendix in Support of Response in Opposition to Edwards' Second Supplement to Motion in Limine Addressing Scope of Admissible Evidence, and D.E. 1252, Motion for Court to Declare Relevance and Non-Privileged Nature of Documents and Request for 2 EFTA00793756  Additional Limited Discovery, Evidentiary Hearing and Appointment of Special Master. • Link & Rockenbach, PA has destroyed its paper copy of the Redacted Appendix that was filed in the Court file and has deleted the electronic version from its system. • Link & Rockenbach, PA, has placed the Unredacted Appendix that was served but not filed in a sealed box that will be maintained in its office, unopened, for appellate purposes. • In Edwards' March 5, 2018, Motion to Strike Epstein's Untimely Supplemental Exhibits and to Strike All Exhibits and Any Reference to Documents Containing Privileged Matters Listed on Edwards' Privilege Log, Edwards alleged the following exhibits identified by Epstein were privileged: No. Ex. No. Bates No. App. No. 1 13-1 02645 2 13-4 00149 35 3 13-5 01527 3 4 13-6 04493-4495 5 13-7 00014 36 6 13-11 00090 37 7 13-13 00133 68 8 13-15 08006 31 9 13-17 00026 70 10 13-19 01004 71 II 13-25 12289 33 12 13-30 26481 13 13-34 26480 60 14 13-35 26356 15 13-36 26570 16 13-44 03731-03732 17 13-45 06406-06408 18 13-46 01686 48 19 13-47 11123-11125 50 20 13-49 11126-11127 32 21 13-52 25925 22 13-53 25874 23 13-56 11145 24 13-60 03191-03192 4 25 13-66 04398-04402 2,34 26 13-67 04408-04412 1 27 13-86 267477 11 28 13-88 08042-08044 16 29 13-89 26741-26742 13,15 3 EFTA00793757  No. Ex. No. Bates No. App. No. 30 13-90 08059-08061 17 31 13-93 26756-26758 9 32 13-94 08036-08038 19 33 13-97 26762 8 34 13-98 01117 21 35 13-100 08121-08123 20 36 13-101 26749-26752 23 37 13-102 08128-08130 24 38 13-103 08118-08120 22 39 13-104 08131-08133 25 4O 13-105 08124-08126 26 41 13-106 08135-08138 10 42 13-107 27494 27 43 13-108 26760 44 13-110 25997 28 45 13-111 25937 67 46 13-113 26604-26605 56 47 13-116 07019-07021 • Edwards also objected to the following additional exhibits as being late disclosed: No. Ex. No. Bates No. App. No. 1 13-2 03037 54 2 13-3 03036 55 3 13-8 03998-04000 6 4 13-9 02231 5 13-10 01300 6 13-12 2906-2908 7 13-14 11237 8 13-18 01464 9 13-20 01403 10 13-21 02684-02685 51 11 13-22 01475 12 13-24 03694 79 13 13-26 01166 38 14 13-27 01258 72 15 13-28 15113-15114 16 13-31 26394 17 13-33 25922 18 13-37 00992 19 13-40 01423 7 20 13-41 05071 21 13-43 02043 81 4 EFTA00793758  No. Ex. No. Bates No. App. No. 22 13-48 02088 23 13-50 11128-11131 49 24 13-51 08459 25 13-54 08348-08349 26 13-55 08355 27 13-61 27284 87 28 13-62 26893 89 29 13-64 01255 30 13-65 26836-26837 90,91 31 13-68 26807 92 32 13-69 26808-26809 93 33 13-70 27379 94 34 13-71 27293 95 35 13-72 26021 63 36 13-73 27270 96 37 13-74 27355 97 38 13-75 27325 100 39 13-77 27322 101 40 13-78 26777-26781 41 13-79 26782-26786 102, 103, 104 42 13-80 26088-26089 105 43 13-81 25998 52 44 13-83 27072 108 45 13-85 Legamaro Depo Ex 6 46 13-92 27522 109 47 13-96 Legamaro Production 48 13-99 27051-20752 112 49 13-109 27025 111 50 13-112 26973 84 51 13-114 26737 57 52 13-115 26485 57 53 13-117 27013 58 • Link & Rockenbach, PA has marked the exhibits identified above and placed them in a sealed envelope for filing with the Court under seal once the stay is lifted in order to preserve Epstein's appellate record. Link & Rockenbach, PA will retain a set of these exhibits in a sealed envelope in the sealed box maintained in its offices for appellate purposes. • With the exception of those documents it is maintaining in a sealed box for appellate purposes, Link & Rockenbach, PA has destroyed all hard copies of the documents it reproduced from the disc that Edwards has identified as privileged. 5 EFTA00793759  • Link & Rockenbach, PA has placed its copy of the disc in a sealed envelope, which will be filed under seal with the Court once the stay is lifted. • Link & Rockenbach, PA has placed Fowler White's original disc in a sealed envelope which will be maintained with its original records at the offices of Link & Rockenbach, PA until further rulings by the Court. • Link & Rockenbach, PA will maintain control of the Fowler White boxes until further rulings by the Court. • Link & Rockenbach, PA has deleted the electronic duplicate of the disc and the electronic version of the exhibits identified above from its computer system and Dropbox. • Link & Rockenbach, PA will work with its IT personnel to remove copies of any documents Edwards has claimed as privileged from its e-mail servers. CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on March 11, 2018, via e-mail and will be served with the Court once the stay is lifted. LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, Florida 33401 (561) 727-3600; (561) 727-3601 [fax] By: Is/ Scott J. Link Scott J. Link (FBN Kara Berard Rockenbach Rachel J. Glasser (FBN Primary: Primary: Primary: Second Second Second Trial Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein SERVICE LIST 6 EFTA00793760 Jack Scarola Nichole J. Segal Sears Denn Scarola. Barnhart & Shipley, P.A. : ' . • .. : : .. . - . ., . • A. yard 350 Co-Counselfor Defendant/Counter-Plaintiff Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Bradley J. Edwards Bradley J. Edwards Marc S. Nurik Edwards Pottinger LLC Law Offices of Marc S. Nurik ard, Suite 700 01 Counselfor Defendant Scott Rothstein Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Jack A. Goldberger Paul Cassell Atterbur oldber er & Weiss, P.A. Suite 1400 2-0730 LimitedIntervenor Co-Counselfor LM., E.W. and Jane Doe Co-Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein. Jay Howell Ja Howell & Associates ., Suite 250 32211 limitedIntervenor Co-Counselfor LM., E.W. and Jane Doe 7 EFTA00793761