X-2HIBI-3T A Case Document Filed Page of G4LMGIUC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VIRGINIA GIUFFRE Plaintiff Civ RWS GHISLAINE MAXWELL Defendant New York N.Y April a.m Before District Judge APPEARANCES OIES SCHILLER FLEXNER LLP Attorneys for Plaintiff BY SIGRID STONE McCAWLEY and FARMER JAFFE WEISSING EDWARDS FISTOS LEHRMAN P.L BY BRAD EDWARDS and PAUL CASSELL HADDON MORGAN FOREMAN Attorneys for Defendant BY LAURA A MENNINGER JEFF PAGLUICA SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC Case called THE COURT Welcome back I have read the papers Who knows I might have missed something but I think Ive got it fairly well under control I would be plea sed to hear anything anybody wants to tell me in addition to what youve already given me MS McCAWLEY Your Honor this is Sigrid McCawley I would like to start if its convenient with the Court with the pro ha vice motions that are pending because we would like counsel to be able to anticipate in these proceedings Would that be all right if I started with that THE COURT I dont care MS McCAWLEY Thank you You Honor you have before you two pro hac vice motions My client Virginia Giuffre would like to have counsel of record in the case be added as Professor Paul Cassell and Brad Edwards We have presented those pro hacs to your Hon or This is the first time in my years of practice that Ive had a contested one so Ive looked at the case law surrounding that and I think it is very clear that a client is entitled to counsel of choice in a case In th is matter she has selected these lawyers They have been working with her They had been working on this matter for many months now We need them as counsel of record in the case now because we are going to have depositions throu ghout the country where for example Professor Cassell is SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC in Utah He will be able to handle the Colorado depositions and things of that nature We are here because those pro hac vice motions are being contested The core piece of that is the argument that they should not be allowed to seek confi dential information in this case Your Honor will remember that I was before you a couple of weeks ago again trying to get the deposition of the defendant which is set for tomorrow but still hasnt occurred yet And in rder to expedite that process I agreed to the protective order that was put in front of the Court and I waived all of my objections to that in order to be able to facilitate and move that deposition forward That protective order rovides that attorneys who are actively working on the case can receive confidential material My opposing counsel has interpreted that to mean that that must be a counsel of record in the case We disagree with that inter pretation I wouldnt have agreed to a protective order knowing that they were already working on the case If that were the situation as your Honor can understand in this case the majority of the material has been marked confid ential so it would prohibit my cocounsel from working on behalf of their client Your Honor Im here to request on behalf of my client Virginia Giuffre that she be entitled to have her counsel of record of choice in thi matter If your Honor will SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC indulge me I would like Mr Cassell to address his pro hac motion please MR CASSELL Good morning your Honor Paul Cassell Im a law professor THE COURT I dont want to hear it Sorry No Thanks very much MR CASSELL Thank you your Honor THE COURT Anything from the defense MR PAGLIUCA Yes your Honor Jeff Pagliuca on behalf of Ms Maxwell Your Honor I have never opposed a pro hac motion in my year of practice so this is a first for me But it is clear your Honor that these lawyers will be witnesses in this case THE COURT This we dont know I cant make that determination now Anything else MR PAGLIUCA Yes THE COURT You may be totally right but I dont know MR PAGLIUCA Your Honor here is the problem This case is about the plaintiffs false allegations THE COURT Yes I think I picked up on that MR PAGLIUCA These are the lawyers that wrote the false allegations THE COURT I think I picked up on that too SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC MR PAGLIUCA These are the lawyers that admitted that these were false allegations THE COURT I know I dont have to tell you you know there is going to be all kinds of privilege issues all kinds of issues about whether or not they have to testify We are not at that stage I cannot and I will not decide that now What else MR PAGLIUCA There is a problem with the sharing of confidential information with these lawyers These lawyers have both personal and professional interests THE COURT I understand that I get that poi nt Anything else MR PAGLIUCA No your Honor THE COURT This is what we will do on the pro hac Everybody agrees nobody maybe in the world but nobody in this courtroom including me has dealt with his kind of problem before Thats perhaps only one of a number of issues that are unique about this case Thats neither here nor there Clearly the plaintiff has the right to consult with any lawyer she chooses However the materials here are sensitive I dont know the extent to which they have been designated confidential but Im quite sure that a substantial number of them have been by the very nature of the case I guess Let me put it this way I want to be sure that we SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC enforce the confidentiality appropriatel Now with those preliminary thoughts in mind I am going to deny the motion at this time because I know that there is a statement some kind of a statement from the mediator in the Florida action When I get a piece of aper that says the Florida action is dismissed a court order or whatever then this motion can be renewed Also I want an affidavit from the two lawyers that there is no matter in which they are personally involved that they are making no claim there is no claims there is no litigation in which they are involved The reason I say that is that I would not grant the application for a pro hac status to a party in this or a related litigation If I get those affidavits and the statement about the closure of the Florida case in which they are a party then the application can be renewed and at that point I would be probably inclined unless something else comes up or unless th defense tells me something that I dont now know I would grant the application that brings us to the order itself and the meaning of the order I think active in the litigation is the key phrase The plaintiff has listed the peo ple that she considers would be appropriate and its these two gentleman and I think one other person and thats fine That is the definition However Im also going to ask the parties to agree upon an order that would xpand the confidentiality agreement SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC to this extent to require the pl aintiff to indicate to me and to the defense if there is anyone else who is going to be active in the litigation Ill tell you why I feel this way I want to be sure that we can enforce the confidential aspect of that agreement a nd I think that could be critical down the line Thats the reason for those requests Now we also have a motion to compel MS McCAWLEY Your Honor can I just get clarification very quickly because I dont wan to have to come back to the court so I want to make sure Im following correctly Your ruling because we have a deposition tomorrow that counsel was going to be assisting me with particularly on the Fifth Amendment THE COURT Cant have access unless I get these materials by then If I do thats something else If I do fine Otherwise they cant have access to the confidential data They can assist MS McCAWLEY Can I just point something out to the Court as well THE COURT The plaintiff can have any lawyer she wants The question is the confidential materials MS McCAWLEY Can I just point the Court to one more issue because this is their protective order They now said to the Court that these two individuals are witnesses or potential witnesses The protective order allows in Section SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC confidential material to go to deponents witnesses or potential witnesses THE COURT Thats a different issue I have not dealt with that Obviously anybody who is a witness may have access to the confidential material because they have to buy into the confidentiality order in order to do that But they are outside of it at the moment MS McCAWLEY Your ruling is they cannot attend the deposition tomorrow THE COURT They can Anybody can attend the deposition that anybody wants to have but they cant participate in it They cant have access to the confidential material until we get this matter straightened out Ok MS McCAWLEY I understand your Honor MR PAGLIUCA Your Honor we will be designating the testimony as confidential THE COURT You see There you go Thats life I cant believe that this entire testimony is going to be confidential Honestly you all are too much Ok If thats what you do you know thats not going to work because not all of this stuff at issue is going be to confidential No no way What is your name Ok We will deal with tomorrows problem tomorrow MR PAGLIUCA Ok your Honor THE COURT The compel Anybody ant to add anything SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC on that MS MENNINGER Yes your Honor Laura Menninger on behalf of Ms Maxwell I have taken the liberty your Honor of just making a very short little cheat sheet of the outstanding issues if I may approach THE COURT Yes It will be interesting to see if yours is the same as the one we have prepared Yours is much longer than ours MS MENNINGER Your Honor Im happy to address all of the ones on mine I certainly am also happy to take direction from th Court regarding issues that you believe to still be of more interest THE COURT As I say Ive read your papers I would be pleased to hear anything you want to add that you think is not covered or you want to respond or anything like that MS MENNINGER Your Honor one of the largest and most significant pieces to us are the assertions by plaintiff that her own communications with law enforcement are somehow protected by THE COURT Im prepared to deal with that MS MENNINGER The second one your Honor and it relates somewhat to the issues already presented on the pro hac motions are our requests for the fee agreements with all of plaintiffs various or so lawyers who purport to be representing her Your Honor I can find no case law that SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC suggests that the agreements are privileged as plaintiff argues She has refused to identify when these individuals began their representations the nature of the representations THE COURT There is a little confusion here at least in my mind as to what we are talking about I certainly understand the two gentlemen whose applications I have just dealt with and the third person who I take it is affiliate with the Boies firm Obviously over time the plaintiff has probably conferred with other lawyers But who cares Lets assume she has talked to more lawyers You want all those retainers That doesnt make an sense What is the universe we are talking about MS MENNINGER Your Honor I certainly understand all of the members of the Boies firm that currently represent her The third individual if I understand correctly is a gentleman by the name of Stan Pottinger He is a lawyer of some renown He is also an author of best selling books He is listed quite frequently on plaintiffs privilege log as being part and parcel of advice being given to her on quote/unquote media issues THE COURT That is one MS MENNINGER Your Honor there are other persons listed on their privilege log Many are listed as counsel for plaintiff but others are listed Attorney giving advice to SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC victims THE COURT Is what you want the retainer agreements if there are any whatever the arrangements are with anybody on the privilege log that is listed as rendering advice MS MENNINGER Yes your Honor That I think would be appropr iate because some of our biggest issues concern the privilege log THE COURT I understand What else MS MENNINGER Your Honor we have asked for but been denied by plaintiff her own deposition testimony in the Florida action In that case the Court entered a confidential order THE COURT Im prepared to deal with it MS MENNINGER Your Honor the next topic are plaintiffs medical records THE COURT I think I understand that There is one thing though Are there any pre medical records MS MENNINGER Your Honor the case law is quite clear that injuries that were preexisting THE COURT Im sorry Excuse me Go ahead MS MENNINGER Plaintiff has alleged that the defamation of this action triggered or caused her to reflect back upon her alleged sexual abuse She has also alleged for ex ample that many several three I think at last count or SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC four ind ividuals had sexually abused her prior to ever meeting Mr Epstein If she has evidence that she already was suffering from depression or some type of mental health disorder before meeting our client Ms Maxwell or Mr Ep stein then her flashbacks if you will could be related to other incidents that she has put out in the press And she I believe has also told the press that she was in a drug rehabilitation facility at the time that she met Mr Epstein Obviously to the extent she was under the influence of drugs which is what she has told the press at the time she met him she persisted in being addicted to drugs during the time that she knew Mr Epstein and it certainly relates to all of her requests for I believe she has requested million in damages your Honor not just from the defamation but also harkening back to what she claims were her years as a sex abuse victim THE COURT Whats the basis of your statement that we will call it the flashback MS MENNINGER Your Honor I believe THE COURT Because quite frankly I was unaware of that Is that my error Are you telling me something thats not quite right MS MENNINGER Your Honor I believe that is what plaintiff has alleged in her complaint If you can give me a SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC moment To the extent she is now alleging she suffers from emotional distress from any preexisting THE COURT Thats from the defamation MS MENNINGER She claims its from the defamation However your Honor if she has preexisting conditions that were truly the cause of whatever emotional injury she claims that she now possess es THE COURT Correct me if Im wrong and perhaps plaintiff will make it clear my understanding is that the injuries alleged result from the claim of the alleged defamation period MS MENNINGER Your Honor she has claimed emotional distress from the defamation yes We are requesting evidence that would show that she has preexisting emotional conditions THE COURT Not from the defamation MS MENNINGER ot from the defamation From the many many other things that have occurred in her life predating even her meeting Mr Epstein and Ms Maxwell as she has told the press not because we told the press that Your Honor it is difficult if not impossible to address her claimed million emotional distress from a defamation statement that was a denial of her allegations versus any emotional distress or emotional conditions she already had before any such statement was made Similarly your Honor we have asked for discovery of SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC her claimed prior sexual abuse She has again put in the press a number of statements regarding that and I cant imagine that it is to the extent she claims privacy now those might be relevant in our case bo th on credibility and also damage issues Your Honor we have asked for a lot of other interrogatories and documents that go to her damage claims her education records her work history She has refused to answer an questions before where she has worked She has refused to answer any questions about where she went to school All of these are appropriate under the local rule for interrogatories Finally your Honor we have asked for her contracts with media She has refused to disclose those She has refused to disclose her tax returns that show all of the payments that she has received from various media sources THE COURT I take it your view of any unds from the media would operate to reduce her damages MS MENNINGER Your Honor it also shows her motive and bias in bringing this case To the extent she has been paid for her stories to the media which she has she has admitted that she has been paid hundreds of thousands of dollars for giving these stories to the media But to the extent that she is now bringing this defamation claim if she is still either planning to receive more money from the media she has a motive and bias to make SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC her sto ry consistent with her previous stories She has claimed million in lost wages your Honor This is a person who has worked primarily as a waitress in the last years until her media sensational story was purchased from her by some British press THE COURT Anything else MS MENNINGER Your Honor the other issues are addressed in our papers We have highlighted her incomplete production on several fronts and her refusal to answer any interrogatories So I would rest on my papers with respect to the other arguments Thank you MS McCAWLEY Thank you your Honor Id like to be very clear here your Honor Discovery production Ive tried to do that in our papers But listening to opposing counsel Im concerned maybe she hasnt reviewed the documents we have produced We have clearly produced all of the media communications she has including records HE COURT All the media MS McCAWLEY All of the media communications She has issued wildly broad requests in this case which we have complied with We ran over search terms Her request No alone seeks communi cations with over individuals And we have complied your Honor This is coming from the defendant who until Monday night when you directed her to produce privileged information has only produced two mails in this SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC case Your Honor we have complied with our production We ha ve produced the materials that she is saying we have not produced Its incorrect We have produced her school records that we have We have produced her tax records that we have We have produced all of those items that we have With respect to her medical records I am going to direct you to the case that is cited in our brief as the Evanko case and it was a similar circumstance to here It was a Title VII case where there were emotional distress damag es being alleged and the Court found that the other side could not have carte blanche ruling over all of her medical records from the time she was born to the present We met and conferred on two hours on their discovery requests your Honor We agreed to produce all of her medical records that we had from to and anything else we had that was related to the sexual abuse she endured at the hands of the defendant and Mr Epstein We have agreed to roduce those We have already started producing those records from the various doctors from the treating physicians Those are in their production Should they be entitled to things that happened prior to that Absolute ly not your Honor They are not entitled to a full scale production of everything thats happened in this young ladys life She was abused by these individuals She shouldnt be reabused by having to disclose SOU THERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC things that happened prior to her time with them Your Honor we do object to the prod uction of that material THE COURT The flashback allegation MS McCAWLEY I think what she may be referring to I have not heard that term used I think what she may be referring to was the fact that this is a defamation claim and the person who defamed my client was also an abuser we allege So when she is defamed by the person who abused her and that abuser is calling her a liar that caused her significant emotional distress Its di fferent than if some other individual that she had not had contact with called her a liar When she is talking about a flashback maybe thats what she is referring to but we dont have the word flashback anywhere in our complaint THE COURT No I made that up There will be no claim by the plaintiff that the defamation caused her distress by making her aware or as a result of the prior sexual abuse MS McCAWLEY The sexu al abuse by the defendants THE COURT No MS McCAWLEY Sexual abuse by others THE COURT Yes MS McCAWLEY No Sexual abuse that relates to the Epstein period yes HE COURT That I understand SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC MS McCAWLEY I think we are on the same page THE COURT I think talking about the earlier period MS McCAWLEY Prior to Epstein no no she doesnt have a claim with respect to that THE COURT Anything else MS McCAWLEY Your Honor I just want to point out again that our production you asked us to complete that We have gone through and run over search terms We have produced all of those communications she has had with all of those individuals The things that we have not produced are the criminal investigation records I know your Honor is going to address that I would like to be very clear there The point there is that she has said in the motio to stay papers that she filed Tuesday that she needs to have that information so she can decide whether she is going to be asserting her Fifth Amendment privilege Truthful testimony shouldnt have to be crafted your Honor She shouldnt need to know what agency is investigating her in order to decide whether or not she is going to be asserting her Fifth Amendment privilege We do have with us your Honor for an in camera submission if yo would like it That is the way that courts have dealt with this issue in the past When there is a claim from an agency that the disclosure of that investigation could harm the investigation we can submit that to you for in camera SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC review so you are aware of the ongoing investigation But it is my view that that needs to be protected As you probably know the history of these cases with Mr Epstein there were a variety of things that went on in that investigation so there is reason to keep an investigation in his situation protected so that they can properly investigate and move forward with that without being inhibited by other individuals Your Honor I would ask that that remain protected Its covered by her very very broad requests which is why we had to lodge those objections I would appreciate your Honor considering our arguments with respect to that issue The other things your Honor that she has raised is for example she had asked for th Epstein settlement agreement and that was one of the things that she asked for We agreed to produce that if we got the waiver from Mr Epstein because we cant produce it without that waiver I believe that covers it our Honor If you have any questions I would be happy to answer them THE COURT Thanks very much Thank you all for all the clarification that youve given me I much appreciate it With respect to the retainers and the dates of representation that information will be provided for any attorney thats listed on the privilege log SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC The plaintiff has told me that they have now supplied all the education and employment records that they have I think if there is any question about tha if the defense is skeptical I would ask the counsel for the plaintiffs to make that statement on the record not necessarily here but by way of a statement to the Court and principally to the defendant On the question of residences thats in my view not a contention interrogatory because of the nature of this case I think its more like listing witnesses So I would say that the plaintiff should supply all residences The Dershowit deposition will be produced under the confidentiality provision As I read what Ive been given its to be held in confidence and it will remain in confidence but it will be produced Yes the tax returns should be pro duced years seems like I see Ok years The medical records of the period to will be produced and the plaintiff will indicate whether that production is complete or if it isnt complete when it will be complete As for the pre medical records based on where we are at the moment I do not believe that those are relevant Because the damage issue relates in my view solely to the defamation If that changes in any way I will revisit that issue SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC The criminal i nvestigation Any materials that the plaintiff has with respect to any criminal investigations will be turned over except for any statements made by the plaintiff to law enforcement authority and those statements if there are such will be submitted in camera and I will review them I hope that clears up our problems Tell me if I have failed in my effort to do so Yes maam MS MENNINGER Your Honor two quick things I think With espect to medical records we also certainly believe that the period from the time the statement was made in January until the present because she has claimed emotional distress from that defamation THE COURT Sur yes MS MENNINGER The problem is we have asked through interrogatory what were the names of the medical providers because they have not disclosed who her medical providers were So there is no way for us to tell whet her the records in fact have been sought from and produced with respect to each of those medical providers I will say that other records in the possession of plaintiff lists other doctors who they have not asked for records from releases THE COURT Lets see if we can clear that up MS McCAWLEY We have disclosed the names She has those names We have also disclosed records the more recent records We have not contested that SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC With respect to the interrogatories your Honor ruled on this previously but there is a local Rule which is why we didnt serve interrogatories in this case at this point She is deposing the plaintiff in two weeks next week whenever it is and can certainly ask those questions as wel But we have disclosed the names of the providers MS MENNINGER They have not your Honor THE COURT Look Wait just a moment You two are lawyers Now that is not an issue about which you should differ Go over in the corner right now both of you and lets make it clear who is telling me the right story Now I take it that I misunderstood the colloquy and that this matter has been resolved MS McCAWL EY Your Honor I think there was a misunderstanding with respect THE COURT I was sure MS McCAWLEY Dr Olsen has been noticed for deposition in Colorado already In my view we have disclosed the octors Ms Menninger says that there is other doctors that have been disclosed in documents that we have not yet listed to her I think in discovery we are finding additional THE COURT You think you may not have dis covered that your client has had some doctors MS McCAWLEY In the past We are talking about SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC years and years ago The recent doctors we have disclosed they have noticed for deposition THE COURT What else MS MENNINGER Your Honor with respect to the employment and education records as you heard plaintiff say she has disclosed quote/unquote what she has Under local rule we are allowed to ask for the names of witnesses with knowledge at the outset of the case and they mig ht be custodians of records We asked her who have been your employers She wont tell us who her employers have been She has just gone through her computer and say if I have an employment record Ill give it to you but I am no going to tell you who her employers were THE COURT She will MS MENNINGER Same thing with the education records We asked her to list where she had gone to school and tell us where it is She wont it Those are the things where my skepticism arises from Largely to the extent your Honor has ordered the production of whatever materials criminal investigation materials that were not to be submitted in camera thos were the ones that involved plaintiffs statements we would like the other materials that they have brought with them today to give to your Honor that do not encompass their clients statements to law enforcement SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC THE COURT I dont know whether there are such Is it possible that nothing in this lawsuit is clear Well I tried to make it clear what should be produced and what shouldnt Anything that has been submitted to any law enforcement officer by the plaintiff I will take in camera Anything other han that with respect to any law enforcement should be produced MS MENNINGER Thank you your Honor THE COURT Thank you all I think we have the pleasure of your company do we need you next week We are up to date arent we MS McCAWLEY Your Honor we have a motion with respect to our discovery thats set for next Thursday THE COURT Thats fine MS McCAWLEY Just before we adjourn because Mr Cassell had a question and I just want to make sure that I understand with respect to tomorrows deposition they are entitled to attend but have to leave the room if confidential information is disclosed THE COURT Thats where we are at the moment unless it changes MR PAGLIUCA Your Honor with regard to next Thursday both Ms Menninger and I have other matters that are previously scheduled and it would be impossible for us to take care of those matters and be here at the same time Im SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC wondering what the Court would like to do about that THE COURT First of all you know how we play this game You dont ask me first You ask your opponent first Have you done that MR PAGLIUCA I have not your Honor THE COURT Will you MR PAGLIUCA I certainly will your Honor THE COURT Now MR PAGLIUCA Absolutely THE COURT You can go over to the corner too MR PAGLIUCA I think we need a corner bar on this your Honor Ms McCawley Im wondering if we can get a mutually convenient date to hear that matter as opposed to next Thursday MS McCAWLEY Of course MR PAGLIUCA That was simple enough your Honor MS McCAWLEY Your Honor one more thing I didnt realize that my counsel can submit that stipulation to you because that case has been settled THE COURT If I get something that closes that case and I get the affidavit that there are no other matters in which they have any claims or defenses relating to any of these statements that will do it MS McCAWLEY Your Honor so I know if we can submit SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC that by fax this a fternoon will they be able to attend the deposition tomorrow THE COURT I would think so if I think those are adequate representations and so on The statement from a mediator doesnt mean anything to me Something th at has a court sign to it That I understand But the mediator saying that its settled doesnt work for me MR CASSELL Your Honor maybe Mr Edwards could briefly explain Florida procedure The case has been di smissed but it does not require a Courts signature Mr Edwards can elaborate more fully on that MR EDWARDS Sure If I may There are two ways in which a case can be dismissed in Florida One is by way of a court rder The other is by way of a stipulation That is what was done There was a stipulation of dismissal signed by both parties that being the plaintiff and the defendants and counsel that has been done and that was dismissed THE COURT Thats filed in the case MR EDWARDS Thats filed in the case and filed in the court THE COURT Do you have a copy of that MR EDWARDS I can get a copy of it immediately THE COURT Give it to the defense If they have any problems they will let me know That sounds all right to me What do I know about Florida except that its flat and hot SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC Your representation sounds right MR EDWARDS Additionally just with respect to the affidavit there ne eds to be an affirmation that we have no other claims that relate to the statements in this case Is that what we are saying THE COURT I think it should be broader than that I think it should be look I dont thin it would be appropriate if there is any possibility for either of you to being a party Thats what Im after And having any proceedings against you arising out of the situation with the plaintiff I think it would be inapprop riate for you to be counsel if you have the potentiality of being a party either plaintiff or defendant in any proceedings If I get an affidavit saying that youre unaware of any claims against you or any intention to make a cla im arising out of the circumstances surrounding this lawsuit that should be broad I think that would satisfy me MR EDWARDS Ok MR CASSELL Ill be filing those materials this afternoon your Honor plan is to attend THE COURT The defense has a thought on this MR PAGLIUCA Your Honor I am looking at documents from Florida One is a docket sheet captioned Epstein Brad Edwards and Paul Cassel Lower Tribune Cases which shows that that matter is still pending There is SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC another case as I understand it Edwards Epstein and Rothstein which is also pending I can confer about this your Honor THE COURT Lets do this When do you plan to return to the snow fields MR PAGLIUCA There is still snow on the ground your Honor Well Friday night or Saturday morning is my current plan THE COURT Thats great Whatever the applicants have on this subject pleas turn it over You all can work out how you are going to do that Turn it over to the defense And if there is anything you want me to do I would be prepared to do it tomorrow But that way I hope we can get it cleared up MS McCAWLEY Your Honor we do have the deposition of the defendant scheduled for tomorrow THE COURT Then everybody will be having a nice time together Maybe you can all go out and have lunch have a drink and exchange these documents and go away happy Not likely but perhaps depending on where you have lunch MS McCAWLEY Thank you your Honor THE COURT Anything else MS MENNINGER Nothing THE COURT Thank you all One thing I would appreciate it if counsel would get SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of G4LMGIUC together on my request for additional coverage in the confidentiality agreement MS McCAWLEY Sure THE COURT Thanks a lot o0o SOUTHERN DISTRICT REPORTERS P.C Case Document Filed Page of Case Document Filed Page of
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