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NOT A CERTIFIED COPY / JEFFREY EPSTEIN, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Plaintiff, vs. r· SCOTT ROTHSTEIN, individually, BRADLEY J, EDWARDS, Individually, and L.M., individually. CA.SE NO. 502009CA049800~?(.ttBlAG ,a•· •~-.-· :X :;o : NI --r:~ n o ~, ''ij _co..,.. c:: :. :::orrt-• Ci) ' --- Defendants. I ------------ ("')):>:;:rJ' --r en· -::x:cn -~. -I O rr-t nno -0··1--·~ -0-· - <C:-:"° ---' -:z: 0 r--1~ ~ I _.;,,." PLAINTIFF'S MOTION TO CONTINUE SUMMARY JUDGMENT JIErARING Plaintiff Jeffrey Epstein, by and through his undersigned counsel, hereby moves this Court .to enter an order continuing the Summary Judgment hearing in the above- referenced matter. In support thereof, Plaintiff states: 1. That Defendant's Motion for Summary Judgment is currently set to be heard by this Court on Friday, August 17, 2012; 2. That on Friday August 3, 2012, this Court heard argument on outstanding Discovery Motions, and Ordered Defendant Edwards to provide certain documents to Plaintiff; to wit: [a]ll e-mails, data, correspondence, and similar documents dated April 1, 2008 through August 1, 2010 by and between Bradley J. Edwards, Scott W. Rothstein, Marc Nurik, Cara Holmes, Mike Fisten and any one of he following regarding or mentioning Jeffrey Epstein in any way: (a) the U.S. Attorney's Office, (b) the State Attorney's Office, (c) the Federal Bureau of Investigation, ( d) Conchita Sarnoff, and ( e) any other news employees or reporters. • - 3. That as of the date of the filing of this Motion, an Order has neither been agreed upon by the parties nor entered by this Court; 4. That the proposed Discovery Order gives Defendant ten (10) days from the NOT A CERTIFIED COPY entry of the Order to comply therewith; 5. That even assuming said Order was entered today, the deadline within which to respond would fall beyond the scheduled hearing date; 6. That a decision regarding a Summary Judgment cannot be entered when there is outstanding discovery. See Osorto v. Deutsche Bank Nat. Trust Co., 88 So. 3d 261,262 (Fla. 4th DCA 2012); Epstein v. Guidance Corp., Inc., 736 So. 2d 137, 138 (Fla. 4th DCA 1999); Villages at Mango Key Homeowners' Ass 'n v. Hunter Development, Inc., 699 So. 2d 337 (Fla. 5th DCA 1997); Collazo v. Hupert, 693 So. 2d 631 (Fla. 3d DCA 1997); Henderson v. Reyes, 702 So. 2d 616 (Fla. 3d DCA 1977). Wherefore Plaintiff Jeffrey Epstein respectfully requests that this Court grant its request that the Summary Judgmerit hearing be continued until such time as discovery is complete. WE HEREBY CERTIFY that Plaintiff attempted, as required, to resolve this matter prior to filing this Motion, and that a true and correct copy of the foregoing was served upon all parties listed on the attached service list, via electronic and US Mail, this August 8, 2012. ·ct:LLJJ) Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OF TONJA HADDAD, PA 524 South Andrews A venue Suite 200N Fort Lauderdale, Florida 33301 954.467 .1223 954.337.3716 (facsimile) Torija@tonjahaddadpa.com 2 NOT A CERTIFIED COPY SERVICE LIST CASE NO. 502009CA040800XXXXMBAG Jack Scarola, Esq. Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Esq. Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Bradley J. Edwards, Esq. Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 Lilly Ann Sanchez, Esq. LS Law Firm Four Seasons Tower - 15th Floor 1441 Brickell A venue Miami, Florida 33131 3