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NOT A CERTIFIED COPY Filing# 77384146 E-Filed 09/04/2018 01 :23:31 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 COUNTER-DEFENDANT JEFFREY EPSTEIN'S AMENDED MOTION TO UNSEAL DISC AND PROPOSED TRIAL EXHIBITS FOR USE AT BANKRUPTCY COURT SHOW CAUSE PROCEEDINGS AND DEPOSITIONS Counter-Defendant Jeffrey Epstein ("Epstein") moves to unseal the disc labeled "Epstein Bate Stamp" and the 47 documents identified on Epstein's March 5, 2018, Clerk's Trial Exhibit List that Counter-Plaintiff Bradley J. Edwards ("Edwards") claims are privileged for the limited purpose of the Bankruptcy Court's show cause proceedings and depositions, and in support thereof, states: INTRODUCTION Edwards, along with Farmer Jaffe and lntervenors L.M., E.W. and Jane Doe (collectively, the "Bankruptcy Movants") have moved the Bankruptcy Court for an Order to show cause why a November 2010 Agreed Order 1 has not been violated and for sanctions. The subject of those 1 November 30, 2010, Agreed Order Cancelling Hearing on Motion for Relief from the Amended Order (DE 1068) and to Compel Jeffrey Epstein to Pay for the Production of All Documents in Response to His Requests Filed by Interested Party Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., In re Rothstein Rosenfeldt Adler, P.A., United States Bankruptcy Court, Southern District of Florida, Case No. 09-34791-RBR [D.E. 1194]. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/04/2018 01 :23:31 PM NOT A CERTIFIED COPY proceedings is a disc labeled "Epstein Bate Stamp" that Fowler White had in its files and turned over in February 2018 to Epstein's current trial counsel, Link & Rockenbach. The Bankruptcy Movants claim that Fowler White's retention of the disc is a violation of the November 2010 Agreed Order and they seek sanctions against Fowler White and Epstein for that retention. A show cause hearing is currently scheduled before the Bankruptcy Court on October 26, 2018. The Bankruptcy Court has allowed limited depositions of Epstein and representatives of Link & Rockenbach and Fowler White. The Bankruptcy Court also allowed the parties to move to take additional depositions. Epstein has now moved the Bankruptcy Court to take the depositions of the lntervenors, L.M., E.W. and Jane Doe based on their alleged significant emotional distress damages claims based on a disc of approximately 27,000 pages sitting in a box in Fowler White's offices for eight years. A copy of the Motion is attached as Exhibit A. Because the disc itself and the 4 7 exhibits Edwards claims are privileged have been sealed by this Court, Epstein respectfully moves to unseal those documents for the limited purpose of the Bankruptcy Court's show cause proceedings and the upcoming depositions. BACKGROUND During the March 8, 2018, hearing, the Court instructed Epstein to file under seal Link & Rockenbach's copy of the disc and exhibits identified on Epstein's March 5, 2018, Clerk's Trial Exhibit List which Edwards claimed were privileged. The exhibits were filed under seal to protect Epstein's appellate rights. The sealing was accomplished by the Court's April 6, 2018, Agreed Order Directing Clerk to Seal Filings. 2 (Exhibit B.) As outlined in Epstein's Notices of Compliance with the Court's March 8, 2018, rulings, (Composite Exhibit C) Link & Rockenbach maintains in a sealed box in its offices: (1) the 2 There was some delay in the sealing because the case was stayed pending appeal. 2 NOT A CERTIFIED COPY unredacted Appendix served in support of Epstein's Response in Opposition to Edwards' Second Supplement to Motion in Limine Addressing Scope of Admissible Evidence; and (2) a set of the e-mail exhibits Epstein's counsel printed from the disc and identified on Epstein's March 5, 2018 Clerk's Trial Exhibit List which Edwards claims were late disclosed and/or identified on his 2011 privilege log 3 . In addition, Link & Rockenbach has maintained in a sealed envelope with Fowler White's original boxes the original disc that was located in Fowler White's files. ARGUMENT The Bankruptcy Court's Show Cause hearing is an evidentiary hearing and the parties are required to submit exhibits to the Bankruptcy Court two days in advance of the hearing. The disc located in Fowler White's records and the 47 exhibits Epstein identified which were obtained from the disc and Edwards claims are privileged, are the central focus of the hearing. Similarly, the witnesses' testimony will be based on the disc and 47 exhibits. Epstein asks the Court to allow his counsel to unseal the box and envelope maintained in Link & Rockenbach' s offices for use solely during the Bankruptcy Court ordered depositions when Edwards' counsel is present. The box and envelope will then be resealed at the conclusion of each deposition. Epstein further requests that he be allowed to provide the Bankruptcy Court two days in advance of the show cause hearing with copies of the disc and 47 exhibits and that his counsel be allowed to unseal the box and envelope for the duration of the show cause evidentiary hearing. CONCLUSION Accordingly, Epstein seeks permission from the Court to allow his counsel, Link & Rockenbach, to unseal the box and envelope maintained in its offices for use as evidence at the 3 The exhibits include both the 4 7 exhibits Edwards claims are privileged and other documents printed from the disc but which were earlier produced in the case. 3 NOT A CERTIFIED COPY Bankruptcy Court's show cause proceedings and as exhibits at the upcoming depositions as outlined above. CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on September 4, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(l). Jack Scarola Karen E. Terry David P. Vitale, Jr. LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 930 West Palm Beach, Florida 33401 (561) 847-4408; (561) 855-2891 [fax] By: Isl Scott J. Link Scott J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Primary: Scott@linkrocklaw.com Primary: Kara@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 4 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 St. 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