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NOT A CERTIFIED COPY IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800:XXXXMBAG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, V. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants/Counter-Plain tiffs. ------------------'/ N , j ~ ~ PLAINTIFF/COUNTER-DEFENDANT, JEFFREY EPSTEIN'S MOTION FQF~E~E TO USE DOCUMENTS PRODUCED UNDER CONFIDENTIALITY AGREEMEI'f& ~ Plaintiff/Counter-Defendant, Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to the Florida Rules of Civil Procedure, files this his Motion for Leave of Court to use certain documents which are not privileged, which were produced under a Confidentiality Agreement by the Defendant/Counter-Plaintiff, Bradley J. Edwards ("Edwards"). The grounds for this motion are as follows: 1. On or about February 23, 2011, Edwards produced documents under a Confidentiality Agreement. The production was in two parts. The first documents, were labeled for review by attorney's only. ("Attorney's Eyes Only"). The Second set of documents, were labeled irrelevant, but could be reviewed by Epstein ("Irrelevant"). Under the Agreement, if Epstein's counsel believes the documents were either not privileged or relevant, leave of court would be sought prior to disclosure. These documents were produced under a Confidentiality Agreement and are not identified on the Privilege Log. FOWLER WHITE BURNETT P.A.• 901 PHILLIPS POINT WEST, 777 SOUTH FLAGLER DRJVE, WEST PALM BEACH. FLORIDA 33401 • (561) 802-9044 NOT A CERTIFIED COPY Jeffrey Epstein v Scott Rothstein, et al. CASE NO. 502009CA040800XXXXMBAG Epstein's M/Leave to Use Docs produced under Confid. Agreement 2. Counsel for Epstein believes the following documents which are being submitted in-camera to this Court for review, are either not privileged and/or are relevant and show the following: 1 (1) Meetings related to the Non-Prosecution Agreement, which had nothing to do with the Edwards' victims claims and contain no confidential information (01404); (2) Memos demonstrating intent to try and force Epstein to settle and specifically going after the people close to him. These memos are not protected by any privilege (01661; 08420); (3) Using Q-Tasks for the Epstein matters. These documents are not privileged and are needed for future discovery requests (05087); (4) Using media to feature Edwards' firm regarding the Epstein case for the purpose of attracting investors. No confidential information involved in this document (05087); (5) Lack of good faith basis for a motion filed in federal court to freeze Epstein assets pre-judgment which was denied. No privilege involved (07304); (6) Directing a subpoena to be sent for Epstein medical and prescription records, when no issue of Epstein's nealth were raised. No applicable privilege exists (00158); (7) Numerous emails scheduling meetings with Edwards and many of the lawyers in Rothstein, Rosenfeldt & Adler, P.A. ("RRA"), including Scott Rothstein ("Rothstein"), contrary to Edwards' deposition testimony and to show documents of case that 1 For ease of reference, the documents are in chronological order. Then by reviewing the documents identified in each paragraph, the Court can see the relevance and lack of privilege, which is still mostly in chronological order but not completely. - 2 - FOWLER WHITE BURNETT P.A.• 901 PHILLIPS POINT WEST, 777 SOUTH FLAGLER DRIVE, WEST PALM BEACH, FLORJDA 3340 I • (561) 802-9044 NOT A CERTIFIED COPY ... Jeffrey Epstein v Scott Rothstein, et al. CASE NO. 502009CA040800XXXXMBAG Epstein's M/Leave to Use Docs produced under Confid. Agreement Rothstein had. Documents contain no confidential communications and are merely evidence of the meetings (08412; 026477; 04996; 02992; 27013); (8) Email demonstrating Edwards knowledge of recording devices in firm including for speaker phone conversations. Document is not privileged and shows possible violation of Florida Criminal Statute relating to wire-taps (01685); (9) Email demonstrating contacts with U.S. Attorney's Office for the purpose of interfering with the Non-Prosecution Agreement. It is not privileged because it is a communication with a third party (05112-05113 ); (10) Efforts to depose Donald Trump, a friend of Epstein who had no knowledge of the case and Alan Dershowitz, one of Epstein's criminal lawyers in the victim cases also without any knowledge of the case in furtherance of the purpose of going after those close to Epstein. No privilege information involved (01406; 01212); (11) Emails by and between Rothstein and A.J. Discala ("Discala"), and other investors showing the need to conclude the receipt of investor monies on Epstein cases so that Rothstein does not lose his Epstein Plaintiffs to other lawyers and so that one Epstein Plaintiff does not report him to The Florida Bar. These are communications with third parties and involve no privilege (26882; 27303; 26817-26818; 26335). 3. A simple review of the documents will clearly show that it contains no attorney- client communication and no work product information that relates to an attorney's thoughts or strategies. The emails do contain evidence of the Rothstein's firm to use other extra-judicial or inappropriate judicial means to further the advancement of the Ponzi scheme and thus are not privileged. - 3 - FOWLER WHITE BURNETT P.A.• 901 PHILLIPS POINT WEST, 777 SOUTH FLAGLER DRIVE, WEST PALM BEACH, FLORIDA 33401 • (561) 802-9044 NOT A CERTIFIED COPY .. Jeffrey Epstein v Scott Rothstein, et al. CASE NO. 502009CA040800:XXXXMBAG Epstein's M/Leave to Use Docs produced under Confid. Agreement WHEREFORE, Plaintiff/Counter-Defendant, Jeffrey Epstein, respectfully requests that this Court review these emails and enter an Order granting permission for Epstein to use these emails and release them from the provisions of the Confidentiality Agreement. I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed and mailed this yt-aay of July, 2011 to: Jack Scarola, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A 2139 Palm Beach Lakes Blvd. P.O. Drawer 3626 West Palm Beach, FL 33409 Jack A. Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401-5012 Marc S. Nurik, Esq. Law Offices of Marc S. Nurik One E. Broward Blvd., Suite 700 Ft. Lauderdale, FL 33301 Respectfully submitted, a..11"--J-, 1w .... _ a ffoseph L. Ac ~man, Jr.~ -= Fla. Bar No. 235954 Email: jackerman@fowler-white.com FOWLER WHITE BURNETT, P.A. 901 Phillips Point West 777 South Flagler Drive West Palm Beach, Florida 33401 Telephone: (561) 802-9044 Facsimile: (561) 802-9976 Attorneys Jeffrey Epstein W:\80743\MOTION37-Motion for Leave to Use Docs Produced Under Confid. Agreement-JLA.docx - 4 - FOWLER WHITE BURNETT P.A.• 901 PHILLIPS POINT WEST, 777 SOUTH FLAGLER DRIVE, WEST PALM BEACH, FLORJDA 33401 • (561) 802-9044