1281.pdf

NOT A CERTIFIED COPY Filing# 69255609 E-Filed 03/14/2018 01 :37: 19 PM BRADLEY J. EDWARDS, Plaintiff, vs. JEFFREY EPSTEIN, Defendant, L.M., E.W., and JANE DOE, Intervenors. -------------------"/ IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG RESPONSE TO EPSTEIN'S NOTICE OF SERVICE OF COURT'S MARCH 8, 2018 HEARING TRANSCRIPTS AND COMPLIANCE WITH COURT'S RULINGS Plaintiff, Bradley J. Edwards, by and through undersigned counsel, hereby serves this Response to Epstein's Notice of Service of Court's March 8, 2018 Hearing Transcripts and Compliance with Court's Rulings, and in support states as follows: THE COURT'S RULINGS Epstein's notice does not include the following rulings 1 by the Court: • Defendant Epstein is prohibited from making any use of the 724 late-disclosed exhibits. Afternoon Session, 3/8/18 at 59: 18-21 • Defendant Epstein is barred from referring to any of those records as it relates to the documents that were gathered from Fowler White or from any other source that would have included those records that were the subject of Judge Ray's order. This order precludes anything coming in through the back door which would not be allowed through the front. Afternoon Session, 3/8/18 at 75:24-76:6. 1 Edwards understands Epstein's Notice to be solely related to those rulings that directly impact the late-disclosed exhibits or the documents and privileged materials that are the subject of Judge Ray's order. Edwards therefore has not included other rulings made by the Court at the March 8, 2018 hearing, such as the Court's reservation as to attorney's fees, the Court's directive that additional supplemental relief may be sought by Edwards and the lntervenors related to the Fowler White disc, or rulings related to other motions that were heard by the Court. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 03/14/2018 01 :37: 19 PM NOT A CERTIFIED COPY Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Edwards' Response to Epstein's Notice of Service of Court's March 8, 2018 Hearing Transcripts and Compliance with Court's Ruling EPSTEIN'S COMPLIANCE The Notice states that Epstein, and his attorneys, are complying with the Court's rulings by, inter alia: • 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 disc that they had in their possession. While these actions may be appropriate steps in complying with the Court's order, they fall far short of addressing all of the concerns that arise out of the unauthorized access to, retention of, and use of privileged materials. First, nothing should be destroyed that has not first been accurately catalogued with all information preserved relevant to how, when, from whom, and by whom it was created and received and to whom copies were distributed. Second, all other documents containing information derived from Edwards's privileged documents must also be gathered and catalogued. This includes, but is not limited to, email correspondence, internal memos, attorney's notes, prepared trial materials (such as prepared examination of any witnesses), and all the records relating to services performed concerning the privileged materials. Third, the limitation of reference to Link & Rockenbach P.A., Epstein, and Jack Goldberger, Esq. is clearly inadequate when numerous other attorneys and personnel have been engaged in rendering services to Epstein in the many years since the defense improperly created and retained the privileged documents. Every Epstein agent must be included in the information retrieval process. The Court was very clear that its order "precludes anything coming in through the back door which would not be allowed through the front," and Edwards therefore serves this Response to ensure that all documents, whether in hard copy or electronic form, that in any way reference, 2 NOT A CERTIFIED COPY Edwards adv. Epstein Case No. 502009CA040800:XXXXMBAG Edwards' Response to Epstein's Notice of Service of Court's March 8, 2018 Hearing Transcripts and Compliance with Court's Ruling refer to or contain the privileged materials have been gathered and catalogued and that no relevant information is destroyed in the process of addressing these critical privilege concerns. Edwards again renews his right to seek sanctions for any further violation of Judge Ray's order, or the March 8, 2018 rulings of this Court. I HEREBY CERTIFY that a true and correct copy of the foregoing was email to all all Counsel on the attached list, this 14 th day of March, 2018, and will be served with the Court once the stay is lifted. r No.: 169440 P. VITALE JR. 1 1da Bar No.: 115179 9 /} /~ ----------------- ttorney E-Mails: jsx@searcylaw.com; and mmccann@searcylaw.com Primary E-Mail: _scarolateam@searcylaw.com Searcy Denney Scarola Barnhrui & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: 561-383-9451 Attorneys for Bradley J. Edwards 3 NOT A CERTIFIED COPY Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Edwards' Response to Epstein's Notice of Service of Court's March 8, 2018 Hearing Transcripts and Compliance with Court's Ruling Scott J. Link, Esq. Link & Rockenbach, P.A. Scott@linkrocklaw.com Kara@linkrocklaw.com 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: 561-727-3600 Fax: 561-727-3601 Attorneys for Jeffrey Epstein COUNSEL LIST Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Nichole J. Segal, Esquire njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: ( 561 )-721-0400 Attorneys for Bradley J. Edwards Bradley J. Edwards, Esquire staff.efile@pathtojustice.com 425 N Andrews A venue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Jay Howell, Esquire Jay Howell & Associates jay@jayhowell.com 644 Cesery Boulevard, #250 Jacksonville, FL 32211 Attorney for Intervenors 4 NOT A CERTIFIED COPY Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Edwards' Response to Epstein's Notice of Service of Court's March 8, 2018 Hearing Transcripts and Compliance with Court's Ruling Paul G. Cassell, Esquire S.J. Quinney College of Law at the University of Utah 383 S. University Street Salt Lake City, UT 84112 Attorney for Intervenors 5