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NOT A CERTIFIED COPY IN THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR • PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiff(s), vs. CASE'NO.: 502009CA040800XXXXMBAG • .,, -=- SCOTT ROTHSTEIN, etc., et al., Defendant(s). r ·m 0 I ------------------ ORDER RESETTING SPECIALLY SET JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES I. SCHEDULING This action is set for jury trial before Judge David F. Crow on Tuesday, May 6, 2014 at 9:30 a.m., COURTROOM 9C, PALM BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH;··FLORIDA. (12 days reserved for the trial of this cause). This is a special setting and there is no calendar call to attend. JURY PRESCREENING is scheduled for Friday, May 2, 2014 at 9:30 a.m. in the Jury Assembly Room. Counsel shall meet with the Judge in Courtroom 9C at 9:15 a.m. on Friday, May 2, 2014. II. UNIFORM PRETRIAL PROCEDURE A On the last business day no later than 120 DAYS PRIOR TO TRIAL, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses. B. On the last business day no later than 60 DAYS PRIOR TO TRIAL, the parties shall exchange lists of names and addresses of all rebuttal witnesses. C. In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide: I. the subject matter about which the expert is expected to testify; 2. the substance of the facts and opinions to which the expert is expected to testify; • L'· 3. a summary of the grounds for'tach·6pinion; 4. a copy of any written reports i§~ued '.by the expert regarding this case; and 5. a copy of the expert's curriculum vitae. NOT A CERTIFIED COPY Page 2 D. On the last business day ndlater than 30 DAYS PRIOR TO TRIAL, the parties shall confer and: 1. discuss settlement; 2. simplify the issues and stipulate, in writing, as to as many facts and issues as possible; 3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and 4. list all objections to trial exhibits. E. PRETRIAL STIPULATIONS MUST BE FILED. It shall be the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than 20 DAYS PRIOR TO TRIAL. UNILATERAL PRETRIAL STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY THE COURT, AFTER NOTICE AND HEARING SHOWING GOOD CAUSE. Counsel for all parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in separately numbered paragraphs: 1. a list of all pending motions,_including MOTIONS IN LIMINE and FRYE • ' ... ~·":; ii ·. ' • . . MOTIONS requiring action bfflie'Court and the dates those motions are set for hearing (MdtIONS INLIMINE and FRYE HEARINGS shall not be heard the day of trial or the~&after.) ;' • 2. stipulated facts which require no proof at trial which may be read to the trier of fact; 3. a statement of all issues of fact for determination at trial; 4; each party's numbered list of trial exhibits with specific objections, _if any, to schedules attached to the Stipulation; 5. each party's numbered list of trial witnesses with addresses (including all known rebuttal witnesses); the list of witnesses shall be on separate schedules_ attached to the Stipulation; ---; • 6. a statement of estimated:trialtifue; 7. names of attorneys to try case; and 8. number of peremptory challenges per party. F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as above provided may result in the case being stricken from the Court's calendar at its sounding or other sanctions . . : '·•· , .. : i ;·c ~ 1.,.:-._, . . ,~~~. :/i ''. . . G. ADDITIONAL EXHIBITSi:WITNES},ES-OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witri¢sses disclds\~d ·and objections reserved on the schedules attached to the Pre-Trial Stipulation ·prepared in accordance with paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to reserve objections constitutes a waiver. A party desiring to use an exhibit or NOT A CERTIFIED COPY Page 3 witness discovered after counsel have conferred pursuant to paragraph D shall immediately furnish the Court and other counsel with a description of the exhibi{ or with the witness' name and address and the expected subject matter of the witness' testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhi,bit or witness may be allowed by the Court for good cause shown or to prevent manif~~t injust{c,i\}( , : H. DISCOVERY. Unless otherwise agre.e:cfin the Pre-Trial Stipulation, all discovery must be completed no l,ater than 10 DAYS BEFORE TRIAL, absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or for other good cause shown. • I. PRE-TRIAL CONFERENCE. No pre-trial conference pursuant to Fla. R. Civ. P. 1.200 is set by the Court on its own motion. If a pre-trial conference is set upon motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs D and E and file the stipulation no later than 5 DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. Motions for Summary Judgment will not be heard at any pre-trial conference. J. UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. K. MODIFICATION TO UNIFORM PREfTRIAL PROCEDURE. Upon written stipulation • . ·.•:= \' • of the parties filed with the court, the Pre.-Trial Pr<Jqepur.~, except for items II D-F, inclusive, may be modified in ac.cordance with the parti.ef stipulafom, except to the extent that the stipulation may interfere with the Court's scheduling ofthe matter-for trial or hinder the orderly progress of the trial. L. PRE MARKING EXHIBITS. Prior to trial, each party shall meet with and assist the clerk in marking for identification all exhibits, as directed by the clerk. M. DEPOSITION DESIGNATIONS. No later than 20 DAYS PRIOR TO TRIAL, each party shall serve his, her, or its designation of depositions, or portions of depositions, each intends to offer as testimony in his, her or its case in chief. Nb later than 10 DAYS PRIOR TO TRIAL, each opposing party shall serve his, her, or its counter ( or "fairness") designations to portions of depositions designated, together with objections to the depositions, or portions thereof, originally designated. No later than 10 days prior to trial, each party shall serve his, her or its objections to counter designations served by an opposing party. III. MEDIATION A. All parties are required to participate in mediation. I. The appearance of counsel whd~il_l try the case and representatives of each party with full authority to enter into a complete comprprpise and settlement is mandatory. If insurance is NOT A CERTIFIED COPY -Page 4 involved, an adjuster with authority up to the po;li~y limits or the most recent dem