Filing E-Filed PM JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually BRADLEY EDWARDS individually and L.M individually Defendant I IN THE CIRCUIT COURT OF THE FIFTEENTH WDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO MOTION TO PERMIT BRADLEY EDWARDS TO TAKE THE LIMITED DEPOSITION OF JEFFREY EPSTEIN Bradley Edwards by and through undersigned counsel and pursuant to this Courts Order on Motion to Reconfirm Existing Pretrial Deadlines dated November hereby files this Motion to Permit Bradley Edwards to Take the Limited Deposition of Jeffrey Epstein and as grounds therefor states as follows The March State Court Hearing In early March only days before the expected trial date Epstein designated new trial exhibits in this case Included in that disclosure were at least e-mail communications that had been listed on Edwards privilege log since and which had never been produced in this case The e-mails were derived from a disc possessed by Epsteins former counsel Fowler White FILED PALM BEACH COUNTY FL SHARON BOCK CLERK PM At the March hearing the Court orally ruled that all new exhibits were stricken and that Epstein is prohibited from making any use of the late-disclosed exhibits Afternoon Session Tr at During the hearing it was revealed that Epstein as a party had already received copies of at least some of the privileged materials and Edwards raised his concern that Epstein may seek to improperly use his knowledge of Edwards privileged materials through his own testimony at trial See Aft Tr at The Court however made clear that its order was intended to preclude anything coming in through the back door which wouldnt be allowed through the front door Aft Tr at The discs containing privileged materials and all information derived from the discs was ordered to be turned over to the Court and sealed or destroyed While representations have been made by counsel regarding Epsteins compliance with that directive Epstein has not himself confirmed compliance nor provided any sworn testimony regarding his knowledge of possession dissemination or use of the privileged documents or information derived from the documents The April Bankruptcy Court Hearing On April a hearing was held before Judge Ray concerning Fowler White and Epsteins improper retention of the disc at issue which Edwards contends is in violation of Judge Rays Order dated November At the hearing Judge Ray permitted certain discovery to take place to determine the scope of the violation of that courts order including the taking of Epsteins deposition The Court recognized that the privileged materials at issue were likely subject to an order from Judge Raymound Ray of the Bankruptcy Court for the Southern District of Florida Afternoon Session Tr at Pursuant to Judge Rays Order Edwards is permitted to depose Epstein in Palm Beach County concerning Epsteins knowledge of Fowler Whites retention of the disc at issue This line of inquiry includes whether Epstein had possession of the disc at any point prior to February when his trial counsel first learned of its contents Edwards Request to Depose Epstein Epstein will soon be in Palm Beach County for a deposition in the Bankruptcy Court proceeding concerning whether he possessed the Fowler White disc in violation of that courts order Edwards also seeks to depose Epstein in this case concerning Epsteins knowledge use possession and distribution of the privileged materials whether via disc or electronic copy which this Court has ruled may not be used in any way by Epstein at the upcoming trial In addition Edwards seeks to confirm Epsteins knowledge of Judge Rays Order and the timing of when he first acquired that knowledge In recent filings Epstein has again conceded to having received and reviewed at least some e-mails listed on Edwards privilege log prior to the March th hearing See Epsteins Notice of Compliance with Court Rulings at Although Epsteins trial counsel ordered its client to comply with the Courts confidentiality order by destroying all hard copies and electronic versions of the documents obtained from the Fowler White disc there is no indication that Epstein has complied with this instruction See id Edwards therefore seeks to depose Epstein to determine the extent of his review of Edwards privileged materials the timing of that review the identity of all persons with whom Epstein shared the privileged materials or its contents as well as all other topics reasonably necessary to allow Edwards to identify and object to at trial all attempts by Epstein to utilize Edwards privileged materials in violation of this Courts March ruling Edwards further seeks to confirm that Epstein has in fact destroyed all copies of these materials as ordered by the Court at the March th hearing Discovery of this limited nature is necessary to ensure that this Courts order precluding anything coming in through the back door that wouldnt be allowed through the front is enforced Edwards recognizes that on November this Court entered its Order on Motion to Reconfirm Existing Pretrial Deadlines in which it ordered that wholesale additional discovery would not be permitted and that individual discovery requests may be allowed on a matter by matter basis but only if the discovery requests are impacted by the Courts rulings on certain motions currently pending to be heard Edwards concedes that this individual discovery request was not impacted by the Courts ruling on any motion that was pending at the time the Order on Motion to Reconfirm Existing Pretrial Deadlines was entered but submits that the need for this discovery arose out of the recent events previous described and that there is no undue prejudice to Epstein to permit this limited discovery because it was Epsteins actions in violating this Courts pre-trial order concerning the timeliness of exhibit disclosures as well as his violation of Judge Rays Order concerning the retention and possession of the privileged materials at issue which necessitated the need for the limited discovery sought herein outside of the discovery deadline WHEREFORE Counter-Plaintiff Bradley Edwards respectfully requests that the Court enter an Order granting this Motion to Permit Bradley Edwards to Take the Limited Deposition of Jeffrey Epstein as well as awarding any such further relief as the Court deems just and proper given the circumstances 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 th day of April Isl Davia Yitae Tr JACK SCAROLA Florida Bar No KAREN TERRY Florida Bar No DAVID VITALE JR Florida Bar No Attorney E-Mail jsx searcylaw.com and mmccann searcylaw.com Primary E-Mail ScarolaTeam searcylaw.com Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Fax Attorneys for Bradley Edwards Bradley Edwards Esquire staff.efile pathtojustice.com Andrews Avenue Suite Fort Lauderdale FL Phone Fax COUNSEL LIST Jack A Goldberger Esquire jgoldberger agwpa.com smahoney agwpa.com Atterbury Goldberger Weiss P.A Australian Avenue Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Nichole Segal Esquire njs FLAppellateLaw.com kbt FLAppellateLaw.com Burlington Rockenbach P.A Railroad Avenue Suite West Palm Beach FL Phone Attorneys for Bradley Edwards Kara Berard Rockenbach Esquire kara linkrocklaw.com tbermudez flacivillaw.com Link Rockenbach P.A Palm Beach Lakes Blvd Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Scott Link Esquire Scott linkrocklaw.com Tina linkrocklaw.com Scott Link Esquire Eservice linkrocklaw.com Scott linkrocklaw.com Kara linkrocklaw.com Angela linkrocklaw.com Tanya linkrocklaw.com tina linkrocklaw.com Link Rockenbach P.A Palm Beach Lakes Boulevard Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Marc Nurik Esquire marc nuriklaw.com One Broward Blvd Suite Fort Lauderdale FL Phone Fax Attorneys for Scott Rothstein A A 4A E0 A4 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