1350.pdf

NOT A CERTIFIED COPY Filing# 73926341 E-Filed 06/21/2018 03:34:15 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 MOTION TO COMPEL COUNTER-PLAINTIFF BRADLEY J. EDWARDS TO IDENTIFY BATES NUMBERS OF DOCUMENTS PRODUCED Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein") moves to compel Counter- Plaintiff Bradley J. Edwards' ("Edwards") to identify the Bates numbers of the documents he produced in this case, and states: INTRODUCTION On the one hand, Edwards argues that Epstein should not have access to or use the documents contained on the disc its current trial counsel discovered in Fowler White's records which contained approximately 27,542 e-mails consecutively Bates stamped. On the other hand, Edwards claims that he produced to Epstein more than 21,000 pages of e-mails that were contained on that disc. That production occurred, however, more than seven years ago in 2011 when Epstein was represented by the Fowler White firm. The disc is now under seal and Epstein's request for an in camera review of 47 e-mails is currently pending before the Court. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/21/2018 03:34:15 PM NOT A CERTIFIED COPY Edwards has indisputably produced documents that are identified on his privilege log; specifically, the documents he produced in May 2012. Epstein, however, is unsure if Edwards produced other documents that he now claims are privileged, including the 4 7 exhibits which are the subject of his request for an in camera review. Because Epstein's current trial counsel did not represent Epstein in 2011, they are unable to determine which documents, in fact, were produced. Epstein's counsel have made repeated informal requests to Edwards' counsel to identify the documents by Bates number that Edwards produced, but Edwards' counsel has refused to do so. Accordingly, Epstein respectfully moves this Court to compel Edwards to identify by Bates number the documents he produced in this case. ARGUMENT Edwards has made the following representations about his production in this case: • March 5, 2018, Edwards' Motion to Strike Epstein's Untimely Supplemental Exhibits and to Strike All Exhibits and Any Reference to Documents Containing Privilege Materials Listed on Edwards' Privilege Log (D.E. 1251). Edwards claimed that he produced 21,282 pages to Epstein. • January 25, 2011 - Farmer Jaffe produced 8,408 pages of non-privileged documents to Epstein; • February 23, 2011 - Farmer Jaffe produced 12,711 pages to Epstein divided into two separate categories: 5,027 pages of "attorneys' eyes only" documents and 7,684 pages of "irrelevant" documents; and • May 7, 2012 - Edwards produced 163 pages to Epstein. • March 8, 2018, Edwards' timeline provided to the Court during a hearing (Exhibit A): • February 23, 2011 - Farmer Jaffe produced thousands of emails to Epstein including over 5,000 where privilege had been previously claimed and was now being produced as "attorneys' eyes only." • May 7, 2012-Edwards produced 163 pages to Epstein. • March 19, 2018, Farmer Jaffe's Motion for Issuance of an Order to Show Cause filed In re Rothstein Rosenfeldt Adler, P.A., United States Bankruptcy Court, Southern District of Florida, Case No. 09-34791 (Br. D.E. 6328). Farmer Jaffe 2 NOT A CERTIFIED COPY claimed that "21,282 pages of emails have been permissibly and lawfully provided to Epstein": • January 25, 2011 - Farmer Jaffe produced 8,408 pages of non-privileged e- mails to Epstein; • February 23, 2011 - Farmer Jaffe produced 12,711 pages to Epstein divided into two separate categories: 5,027 pages of "attorneys' eyes only" documents and 7,684 pages of "irrelevant" documents; and • May 8, 2012-Edwards produced 163 pages to Epstein. If Edwards has already produced the 47 exhibits which are the subject of Epstein's request for the Court's in camera review, then there is no work for this Court to do. Neither Epstein nor the Court, however, can make that determination based simply on Edwards' broad statements that he has not produced any documents from his privilege log. As stated above, to the contrary, Edwards has produced documents from his privilege log. The extent of what he has produced, however, is unknown because Epstein's current counsel did not represent Epstein when the documents were produced and they cannot determine from Fowler White's files what was actually produced in this case. To clarify for both Epstein and the Court, Epstein's counsel asked Edwards' counsel on multiple occasions to identify by Bates number all documents that were produced. Edwards' counsel, however, refused every request to do so. It will save the Court time and not waste judicial resources if a determination can first be made of what Bates numbers, in fact, Edwards allegedly produced, thereby eliminating the Court's review if documents have, in fact, been produced. CONCLUSION Accordingly, Epstein respectfully requests that the Court order Edwards to identify by Bates number the documents he has allegedly produced in this case. 3 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 June 21, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(l). 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 4 NOT A CERTIFIED COPY SERVICE LIST Jack Scarola Karen E. Terry David P. Vitale, Jr. Searcy, Denny, Scarola, Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard 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 Bradley J. Edwards Edwards Pottinger LLC 425 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301-3268 brad@epllc.com Co-Counsel for Defendant/Counter-Plaintiff Bradley J. Edwards Jack A. Goldberger Atterbury, Goldberger & Weiss, P.A. 250 Australian A venue S., Suite 1400 West Palm Beach, FL 33401 j goldberger@agwpa.com smahoney@agwpa.com Co-Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein 5 Philip M. Burlington Nichole J. Segal Burlington & Rockenbach, P.A. Courthouse Commons, Suite 350 444 West Railroad A venue West Palm Beach, FL 33401 pmb@FLAppellateLaw.com njs@FLAppellateLaw.com kbt@FLAppellateLaw.com Co-Counsel for Defendant/Counter-Plaintiff Bradley J. Edwards Marc S. Nurik Law Offices of Marc S. Nurik One E. Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 marc@nuriklaw.com Counsel for Defendant Scott Rothstein Paul Cassell 383 S. University Salt Lake City, UT 84112-0730 cassellp@law. utah. edu Limited Intervenor Co-Counsel for L.M, E.W. and Jane Doe 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 NOT A CERTIFIED COPY EXHIBIT A NOT A CERTIFIED COPY I Edwards v. Epstein Timeline April 17, 2010 Epstein propounded a broad subpoena to the Trustee for RRA as an interested parly in the bankruptcy case of In re: Rothstein Rosenfeldt Adler, 09-3LL791-RBR, requesting tens of tho