1341.pdf

NOT A CERTIFIED COPY Filing# 71597921 E-Filed 05/02/2018 05:11:44 PM JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, V. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. _________________ ./ IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800:XXXXMBAG PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S SUPPLEMENT TO MOTION TO ALLOW AMENDMENT TO EXHIBIT LIST Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein") hereby supplements his April 27, 2018, Motion to Allow Amendment to Exhibit List, and states: 1. Counter-Plaintiff Bradley J. Edwards ("Edwards") complained about the more than 700 new exhibits that Epstein allegedly late disclosed. Those documents were produced to Edwards on a rolling basis on February 2, February 16 and March 2, 2018, and then identified individually on Epstein's March 5, 2018, Clerk's Trial Exhibit List. (D.E. 1237.) 2. Epstein has reviewed his proposed exhibits and significantly narrowed them down to 135 exhibits. Epstein's Amended Exhibit List is attached as Exhibit 1. 1 For the Court's and Edwards' convenience, Epstein has highlighted in yellow those documents that were produced on February 2, February 16 and March 2, 2018. Epstein has also included four new items (highlighted in blue), which include the audio of Edwards' April 7, 2011, interview of Virginia Roberts Giuffre 1 Epstein has renumbered his Exhibit List consecutively and will provide Edwards with a new set of the documents to correspond with his list. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/02/2018 05: 11 :44 PM NOT A CERTIFIED COPY (produced by Edwards), the unofficial transcript Edwards filed with the Court in May 2011, an official transcript prepared by a court reporter and a comparison of the two transcripts prepared by a court reporter. 2 3. Depending on the outcome of the Court's in camera review of the 47 documents Edwards has asserted a privilege claim over, Epstein seeks leave to amend his Exhibit List again to include those documents. 4. Edwards will not be prejudiced by the amendment because the documents come as no surprise, Edwards had many of them in his possession or knew about them prior to the February and March 2018 productions, and the documents were produced as trial exhibits more than two months ago. Accordingly, for the reasons set forth here and in his Motion to Allow Amendment to his Exhibit List, Epstein respectfully requests that the Court grant his Motion. 2 Epstein will provide the transcript and comparison prepared by the court reporter once they are finalized. 2 NOT A CERTIFIED COPY CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on May 2, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b )(1 ). Jack Scarola Karen E. Terry David P. Vitale, Jr. LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, Florida 33401 (561) 727-3600; (561) 727-3601 [fax] By: Isl Scott J. Link Scott J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Rachel J. Glasser (FBN 577251) Primary: Scott@linkrocklaw.com Primary: Kara@linkrocklaw.com Primary: Rachel@linkrocklaw.com Secondary: Tina@linkrocklaw.com Secondary: Troy@linkrocklaw.com Trial Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein SERVICE LIST Philip M. Burlington Nichole J. Segal Searcy, Denny, Scarola, Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard Burlington & Rockenbach, P.A. Courthouse Commons, Suite 350 444 West Railroad A venue West Palm Beach, FL 33409 mep@searcylaw.com jsx@searcylaw.com dvitale@searcylaw.com scarolateam@searcylaw.com terryteam@searcylaw.com Co-Counsel for Defendant/Counter-Plaintiff Bradley J. Edwards 3 West Palm Beach, FL 33401 pmb@FLAppellateLaw.com njs@FLAppellateLaw.com kbt@FLAppellateLaw.com Co-Counsel for Defendant/Counter-Plaintiff Bradley J. Edwards NOT A CERTIFIED COPY Bradley J. Edwards Marc S. Nurik Edwards Pottinger LLC Law Offices of Marc S. Nurik 425 N. Andrews Avenue, Suite 2 One E. Broward Boulevard, Suite 700 Fort Lauderdale, FL 33301-3268 Ft. Lauderdale, FL 33301 brad@epllc.com marc@nuriklaw.com Co-Counsel for Defendant/Counter-Plaintiff Counsel for Defendant Scott Rothstein Bradley J. Edwards Jack A. Goldberger Paul Cassell Atterbury, Goldberger & Weiss, P.A. 383 S. University 250 Australian A venue S., Suite 1400 Salt Lake City, UT 84112-0730 West Palm Beach, FL 33401 cassellp@law. utah. edu j goldberger@agwpa.com Limited Intervenor Co-Counsel for L.M, E.W. smahoney@agwpa.com and Jane Doe Co-Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein Jay Howell Jay Howell & Associates 644 Cesery Blvd., Suite 250 Jacksonville, FL 32211 jayhowell.com Limited Intervenor Co-Counsel for L.M, E.W. and Jane Doe 4 NOT A CERTIFIED COPY EXHIBIT 1 NOT A CERTIFIED COPY JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, V. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. ______________ ! IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG DRAFT PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S AMENDED EXHIBIT LIST Plaintiff/Counter-Defendant Jeffrey Epstein hereby lists the exhibits that he may introduce at the trial of this matter. Epstein reserves his right to amend this list once the Court makes a final determination on his request for an in camera review of Counter-Plaintiff Bradley Edwards' alleged privilege documents and any other evidentiary issues in this case. INDEX TO OBJECTIONS 0. No Objection 1. All objections 2. All objections, except authenticity 3. Irrelevant or immaterial 4. Probative value substantially outweighed by danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence ( 403) 5. Privileged 6. Opinion 7. Hearsay 8. Authenticity lacking 9. Other (please identify basis of objection) NOT A CERTIFIED COPY No. Date Description Objection Marked Marked in for Id. Evidence Jeffrey Epstein v. Scott Rothstein, Bradley J. Edwards and L.M. 15 th Judicial Circuit Case No. 50-2009-CA-040800XXXXMB 1 12/7/09 Complaint with Exhibits 2 12/21/09 Answer and Counterclaim of Defendant Bradley J. Edwards 3 8/2/10 Stipulation and Order of Dismissal with Prejudice 8/9/10 as to L.M., Individually Only 4 3/27/12 Notice of Appearance of Bradley J. Edwards 5 7/31/12 Epstein's Answer and Affirmative Defenses to Edwards' Counterclaim 6 8/16/12 Notice of Voluntary Dismissal Without Prejudice of Bradley J. Edwards 7 1/9/13 Bradley J. Edwards' Fourth Amended Counterclaim 8 9/25/13 Affidavit of Jeffrey Epstein 9 6/30/17 Affidavit of Jeffrey Epstein 10 6/30/17 Jeffrey Epstein's Motion for Summary Judgment Jeffrey Epstein v. Scott Rothstein, Bradley J. Edwards and L.M. 15 th Judicial Circuit Case No. 50-2009-CA-040800XXXXMB Deposition Transcripts and Statements 11 3/23/10 Deposition Transcript of Bradley J. Edwards 12 5/15/13 Deposition Transcript of Bradley J. Edwards 13 10/10/13 Deposition Transcript of Bradley J. Edwards 14 11/10/17 Deposition Transcript of Bradley J. Edwards 15 3/17/10 Deposition Transcript of Jeffrey Epstein 16 1/25/12 Deposition Transcript of Jeffrey Epstein 17 6/14/12 Deposition Transcript of Scott Rothstein 18 4/20/11 Deposition Transcript of Russell S. Adler 19 5/25/11 Deposition Transcript of Abraxas Joseph Discala with exhibits 20 2/11/11 Deposition Transcript of Dean Russell Kretschmar 21 3/11/11 Deposition Transcript of Michael Legamaro 22 10/12/17 Deposition Transcript of E.W. 23 12/1/17 Deposition Transcript of Bernard Jansen