EFTA00809603.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants. EPSTEIN'S UNTIMELY SUPPLEMENT TO EDWARDS' MOTION TO STRIKE EXHIBITS AND ANY SUPPLEMENTAL EXHIBITS AND TO STRIKE ALL ILEGED MATERIALS LISTED REFERENCE TO DOCUMENTS CONTAINING PRIV ON EDWARDS' PRIVILEGE LOG el, hereby files this Counter-Plaintiff Edwards, by and through undersigned couns emental Exhibits and to Strike all Supplement to his Motion to Strike Epstein's Untimely Suppl Materials Listed on Edwards' Exhibits and Any Reference to Documents Containing Privileged Privilege Log, and in support states as follows: between counsel in I. On March 7, 2018, in the wake of extensive communications emental Exhibits improperly obtained and this matter regarding the source of the untimely Suppl -delivered communication from counsel publicly filed by Epstein, the undersigned received a hand the disc we located in Fowler White's files." for Epstein enclosing "a flash drive which duplicates ctively labeled: I) 2. The enclosed flash drive contained three separate files respe of documents, 2) "Epstein Searches.pdf' "Bradley Edwards.pdf' containing 8,507 pages t Roths tein.pdf' containing 1,687 pages of containing 17,348 pages of documents, and 3) "Scot laturnalaigarElir EFTA00809603 Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG its and to Strike all Supplement to Motion to Strike Epstein's Untimely Supplemental Exhib Materials Listed on Edwards' Exhibits and Any Reference to Documents Containing Privileged Privilege Log were obtained prior to Farmer documents. The format provided clear indication that these emails privilege log. In fact, the Jaffe Weissing Edwards Fistos & Lehrman reviewing and preparing a his 2011 Privilege Log. files were last modified on December 8, 2010, well before Edwards filed documents wrongfully 3. Upon further investigation, it has been determined that the described above by the law firm in the possession of Epstein were originally formatted in the way Rosenfeldt Adler ("RRA") in the of Berger Singerman, as counsel for the Trustee of Rothstein Bankruptcy Court Judge Raymond Federal Bankruptcy proceeding litigated before United States B. Ray in case 09-34791. in that exact format for 4. The subject documents were prepared by Berger Singerman ents in 2010 to determine whether the sole purpose of allowing Fanner Jaffe to review the docum leg Judge Ray's Order below. applicable privileges applied to any or all of the communications. Edwards' privileged 5. It is also now clear where Epstein got the CD containing entered an explicitly worded Order materials. Specifically, on November 30, 2010, Judge Ray that Epstein is attempting to improperly use (attached as Exhibit `A') concerning the documents on the eve of trial. [DE 1194]. 6. Judge Ray's Order states in pertinent part: print a hard copy of all of the [T]he law firm of Fowler White Burnett, P.A., will added, and will provide a set documents contained on the discs with Bates numbers Master and an identical set to of copied, stamped documents to the Special ge ... Fowler White will not Farmer, who will use same to create its privile log on the discs provided to it, nor retain any copies of the documents contained retained in the memory of shall any images or copies of said documents be that Fowler White or Epstein Fowler White's copiers. Should it be determined on its computer or retained images or conies of the subject documents d sanctions in favor of otherwise, the Court retains jurisdiction to awar Farmer, Brad Edwards or his client. 2 EFTA00809604  L-1\11OS2ci r WM . :sw. Edwards adv. Epstein Case No. 502009CA040800XXXXMBAG Supplement to Motion to Strike Epstein's Untimely Supplemental Exhibits and to Strike all Exhibits and Any Reference to Documents Containing Privileged Materials Listed on Edwards' Privilege Log 7. Epstein's counsel, Fowler White, therefore disregarded Judge Ray's Order and Epstein's trial counsel failed to take reasonable and appropriate steps to determine where, when, and how the documents were obtained, instead choosing to inject clearly privileged materials into the public record and repeatedly refusing to destroy those identified on Edwards' 2011 Privilege Log. 8. While Plaintiff fully intends to bring this flagrant disregard of the Federal Court's Order to the attention of Judge Ray as well as all other appropriate authorities and governing bodies, Plaintiff further moves this Court to take all necessary and appropriate action to adequately protect the confidential, privileged information contained within the documents discussed in Edwards' underlying Motion to Strike. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 7th day of March, 2018. JACK OLA Flor r No.: 169440 D P. VITALE JR. nda Bar No.: 115179 Attome E-Mails: and Primary E-Mail: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: Fax: Attorneys for Bradley J. Edwards 3 EFTA00809605