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NOT A CERTIFIED COPY Filing# 9990548 Electronically Filed 02/06/2014 02:47:46 PM JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION -AG CASE NO. 502009CA040800XXXXMB I ---------------- NOTICE OF FILING COPY OF TRANSCTIPT OF HEARING PROCEEDINGS OF 1/27/14 Plaintiff, JEFFREY EPSTEIN, by and through his undersigned attorney, hereby files a copy of the Transcript of the Hearing conducted on January 27, 2014 on Plaintiffs Motion for Summary Judgment. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to counsel on the attached Service List by electronic mail this 6 th day of February, 2014. Isl W. Chester Brewer, Jr. W. CHESTER BREWER, JR. Florida Bar No.: 0261858 W. Chester Brewer, Jr., P.A. Attorney for Counter-Defendant Suite 1400 250 Australian A venue South West Palm Beach, Florida 33401 Telephone: 561-655-4777 Facsimile: 561-835-8691 Primary email: wcblaw@aol.com Secondary email: wcbcg@aol.com NOT A CERTIFIED COPY IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, [) COPY -vs- SCOTT ROTHSTEIN, .individually, and BRADLEY J. EDWARDS, individually, Defendants. I ------------------ DATE TAKEN: TIME: PLACE: BEFORE: TRANSCRIPT OF HEARING PROCEEDINGS Monday, January 27, 2014 3:00 p.m. -4:23 p.m. Palm Beach County Courthouse 205 N. Dixie Highway Courtroom 9C West Palm Beach, FL 33401 Donald Hafele, Circuit Judge 1 ' This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were stenographically reported by: Robyn Maxwell, RPR, FPR, CLR Realtime Systems Administrator www.phippsreporting.com 888 811-3408 NOT A CERTIFIED COPY 1 APPEARANCES: 2 3 On behalf of the Plaintiff: W. CHESTER BREWER, JR., P.A. 4 250 South Australian Avenue Suite 1400 5 West Palm Beach, FL 33401 561.655.4777 6 BY: W. CHESTER BREWER, JR., ESQUIRE wcblaw@aol.com 7 8 ATTERBURY, GOLDBERGER & WEISS, PA 250 South Australian Avenue 9 Suite 1400 West Palm Beach, FL 33401 10 561.659.8300 BY: JACK A. GOLDBERGER, ESQUIRE 11 jgoldberger@agwpa.com 12 TONJA HADDAD, PA 13 315 SE 7th Street Suite 301 14 Fort Lauderdale, FL 33301 954.467.1223 15 BY: TONJA HADDAD COLEMAN, ESQUIRE tonja@tonjahaddad.com 16 17 On behalf of Bradley J. Edwards: 18 SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard 19 West Palm Beach, FL 33409 561. 686. 6300 20 BY: JACK SCAROLA, ESQUIRE JSX@searcylaw.com 21 BY: WILLIAM B. KING, ESQUIRE Wbk@searcylaw.com 22 23 24 25 ..............:. ,,_~,;_ www.phippsreporting.com 888 811-3408 2 NOT A CERTIFIED COPY 3 1 Thereupon, 2 the following proceedings began at 3:00 p.m.: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Good afternoon, everybody. Thank you so much. Have a seat. Welcome. MR. BREWER: Good afternoon, Your Honor. THE COURT: I had the opportunity to read the binder and the materials sent to me by respective counsel. I don't think the case should take two hours. MR. BREWER: No. THE COURT: So what I'm going to ask you to do is kindly tailor your arguments to one-half hour apiece. And the movant may split up the time to save some moments for rebuttal. And I think that should more than adequately deal with the matter. I think the United States Supreme Court heard the Brown vs. Board Of Education and gave 20 minutes a side. So if that can be done in that amount of time, I think we can take care of this. And, of course, you all realize -- and I don 1 t think this has anything whatsoever to do with the matter, but I should let you know that I handled the state claims that involved Mr. Epstein when I was in Division B. So I have a significant www.phippsreporting.com 888 811-3408 NOT A CERTIFIED COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 amount of familiarity with the claims that were made. However, until I met with Judge Crow involving this case, I had no knowledge whatsoever that a separate and independent action had been brought by Mr. Epstein against the Rothstein entities and Mr. Edwards. So to that extent, I just to want let you know, as you probably already did already know, that I handled those cases I believe to their conclusion, at or near the time that I left that division two years ago or so. Okay. So are you Ms. Haddad? MS. HADDAD: I am. THE COURT: Will you be arguing on behalf Mr. Epstein? MS. HADDAD: No, Judge. I don't have -- Mr. Brewer will be arguing on our behalf because, as you can hear, I have a cold. THE COURT: All right. Mr. Scarola, did you want to say something? MR. SCAROLA: I did, Your Honor. I just wanted to clarify one matter which I believe to be of some significance. THE COURT: Sure. Of course. MR. SCAROLA: And that is Your Honor referenced a claim against the Rothstein entities www.phippsreporting.com 888 81].-3408 NOT A CERTIFIED COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and that is not the case. THE COURT: It was just Rothstein individually? MR. SCAROLA: It was just against 5 Mr. Rothstein individually. That claim has neyer really been defended and -- against Mr. Edwards. And the focus of these motions is only on Mr. Edwards' claims for abuse of process and malicious prosecution. THE COURT: The later I knew. My apologies for misstating the number of defendants involved. MR. SCAROLA: No apology necessary, sir. THE COURT: The only defendants involved and they may have been voluntarily dismissed without prejudice; is that accurate? MR. SCAROLA: There was a voluntary dismissal of the initial claims brought against Mr. Edwards, that's correct, sir, on the eve of summary judgment hearing. THE COURT: I remember that being written in your papers. MR. SCAROLA: Yes, sir. THE COURT: So is Epstein 1 s claim against Rothstein still viable at this juncture? MS. HADDAD: Yes, Your Honor, it is. www.phippsreporting.com 888 811-3408 NOT A CERTIFIED COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 THE COURT: So the dismissed case without prejudice was to was as to Mr. Edwards only. MR. SCAROLA: The claims against LM, one of victims of Mr. Epstein's conduct, those claims are also dismissed. THE COURT: Okay. Thank you for that clarification. I much appreciate it. Mr. Brewer. MR. BREWER: Yes, sir. Well, first of all, Your Honor, I'm Chester Brewer appearing on behalf of Jeffrey Epstein. We have before you today a motion for summary judgment filed on behalf Mr. Epstein with regard to a counterclaim that was filed by Mr. Edwards. The case is currently set before Your Honor, specially set I might say, for a three-week or proposed three-week trial, and it is currently set for May the 6th of this year. One thing that I did want to talk to the Court about before going into the procedural history i