1368.pdf

NOT A CERTIFIED COPY Filing# 75970376 E-Filed 08/03/2018 03:45:11 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION AG CASE NO. 50-2009-CA"'.040800-XXXX-MB JEFFREY EPSTEIN, Plaintiff(s) v. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L M, individually, Defendant(s). I ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES I. SCHEDULING- THIS CAUSE came before this court on Defendant, BRADLEY J. EDWARDS', Notice for Trial ofBradley Edwards' Severed Claim Against Jeffrey Epstein .arid the court being otherwise fully· advised in the premises, it is _hereby ORDERED AND ADJUDGED that this case is 'specially set, number one, for jury trial on Tuesday, December 4, 2018, at 9:30 a.m., (10 days reserved) in Courtroom l0C, Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida 3340L • • II. UNIFORM PRETRIAL PROCEDURE A. On the last business day no later than 60 DAYS PRIOR TO CALENDAR CALL, 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 lastbusiness day no later than 50 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of names and addresses of all rebuttal witnesses. Page 1 of 6 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 08/03/2018 03:45: 11 PM NOT A CERTIFIED COPY Order Setting Jury Trial and Directing Pretrial And Mediation Procedures Case No: 50-2009-CA-040800-XXXX-MB 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; 3. a summary of the grounds for each opinion; 4. a copy of any written reports issued by the expert regarding this case; and 5. a copy of the expert's curriculum vitae. D. On the last business day no later than 30 DAYS PRIOR TO CALENDAR CALL, 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 CALENDAR CALL. 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: I. a list of all pending motions including MOTIONS IN LIMINE and DAUBERT MOTIONS requiring action by the Court and the dates those motions are set for hearing (MOTIONS IN LIMINE shall not be heard the day of trial or thereafter). All Daubert Motions must be heard 20 days before the start of the trial. 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 trial time; 7. names of attorneys to try case; and 8. number of peremptory challenges per party. Page 2 of 6 NOT A CERTIFIED COPY Order Setting Jury Trial and Directing Pretrial And Mediation Procedures Case No: 50-2009-CA-040800-XXXX-MB 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. G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed 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 witness discovered after counsel have conferred pursuant to paragraph D shall immediately furnish the Court and other counsel with a description of the exhibit 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 exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. H. DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery must be completed no later than 10 DAYS BEFORE THE DATE SET FOR CALENDAR CALL, 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 PRE-TRIAL PROCEDURE. Upon written stipulation of the parties filed with the court, the Pre-Trial Procedure, except for items II D-F, inclusive, may be modified in accordance with the parties' stipulation, except to the extent that the stipulation may interfere with the Court's scheduling of the matter for trial or hinder the orderly progress of the trial. L. PREMARKING EXHIBITS. Prior to trial, each party shall meet with and assist the clerk in marking for identification all exhibits, as directed by the clerk. Page 3 of 6 NOT A CERTIFIED COPY Order Setting Jury Trial and Directing Pretrial And Mediation Procedures Case No: 50-2009-CA-040800-XXXX-MB M.