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KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 which is attached hereto as Exhibit The Order further avowed that nothing in this Order shall constitute any waiver or ruling upon any privilege that may apply to said documents and the Defendant EDWARDS and/or others may file an objection to any such documentation on any privilege grounds and shall file a privilege log specif,caUy identifying such documents See Exhibit emphasis added Accordingly all responses were due on or before April On May Plaintiff received Defendant Edwards untimely response to the afore-referenced Request to Produce A perfunctory review of the items provided by Edwards establishes that his response is incomplete and deficient Edwards response contains nothing more than partial electronic communications between himself and three or four of the countless reporters with whom he had communications during the relevant time period Further Defendants response irrefutably corroborates that he wholly disregarded this Courts Order Accordingly Defendant Edwards has failed to comply with this Courts Order to produce the items responsive to Plaintiffs Request to Produce as well as any opportunity afforded to him therein to provide any privilege log with respect to the afore-referenced request As such and as demonstrated more fully below Plaintiffs requested order is warranted MEMORANDUM OF LAW This Court has the authority to rule on this Motion without Oral Argument See First City Developments of Florida Inc Hallmark of Hollywood Condominium Ass So 2d Fla 4th DCA Defendant Edwards was Ordered by this Court to provide all e-mails data correspondence and similar documents dated April through August by and between Bradley Edwards Scott Rothstein Marc Nurik Cara Holmes Mike Fisten and any on of he following regarding or mentioning Jeffrey Epstein in any way a the U.S Attorneys Office the State Attorneys Office the Federal Bureau of Investigation Conchita Sarnoff and any other news employees or reporters See Exhibit A This Court also permitted Defendant Edwards to assert any privilege grounds and file a privilege log specifically identifying such documents See Exhibit Edwards not only failed to provide the items requested but also failed to provide a privilege log as mandated It is well-settled law that if a party alleges that information requested from it is protected by privilege then a privilege log must be prepared and attached to the response or the privilege is waived See TIG Insurance Corp of America Johnson So 2d Fla 4th DCA stating that failure to provide a reason for privilege and prepare a privilege log constitutes waiver of the privilege emphasis added Here Edwards fails to either respond to the Request to Produce or assert any privilege as Court ordered A court has the inherent power to implement and enforce effective judicial proceedings pursuant to pretrial rules As such when a party fails to comply with a pretrial order a court has broad discretion in determining sanctions First Republic Corp of America Hayes So 2d Fla 3d DCA Rule of the Florida Rules of Civil Procedure provides that for purposes of this subdivision an evasive or incomplete answer shall be treated as a failure to answer FLA R.C1v This Rule likewise governs failure to comply with a prior court order and mandates that such failure may be considered a contempt of the court FLA R.C1v Accordingly Defendant Edwards inapposite and patent disregard for this Courts Order mandates sanctions Finally Plaintiff certifies that he in good faith has conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action FLA R.C1v A true and correct copy of the correspondence sent to Defendant Edwards regarding this Motion is attached hereto as Exhibit Pursuant to Rule of the Florida Rules of Civil Procedure Epstein is entitled to reasonable attorneys fees necessitated by Defendants flagrant disregard of both this Courts Order and the afore-referenced Rules of Civil Procedure CONCLUSION Accordingly for all of the reasons delineated above and in reliance upon the applicable law cited herein Plaintiff Jeffrey Epstein respectfully requests that this Court yet again Order Defendant Bradley Edwards to respond in full to Plaintiffs Request to Produce award attorneys fees as sanctions and such other and further relief as this Court deems proper Tonja Coleman Esq Fla Bar No LAW OFFICES OF TONJA HADDAD PA South Andrews A venue Suite200N Fort Lauderdale Florida facsimile Tonja tonjahaddadpa.com WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all parties listed on the attached service list via facsimile and US Mail this May t1JJ Tonja Haddad Coleman Esq Fla Bar No SERVICE LIST CASE NO Jack Scarola Esq Searcy Denney Scarola et al Palm Beach Lakes Blvd West Palni Beach FL Jack Goldberger Esq Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews A venue Suite Fort Lauderdale Florida Lilly Ann Sanchez Esq LS Law Firm Four Seasons Tower 15th Floor Brickell A venue Miami Florida 1N THE CIRCUIT COURT OF THE th JUDICIAL CIRCUIT 1N AND FOR PALM BEACH COUNTY FLORIDA CIVIL DMSION AG CASE NO Judge DavidF Crow JEFFREY EPSTEJN Plaintiff/Counter-Defendant SCOTT ROTHSTEIN incllviduaily IUld BRADLEY EDWARDS individually Defendants/Counter-Plaintiffs aa_ PLAINTIFF JEFFREY EPSTEINS MOTION TO COMPEL ANJi,AMEND OJ.IDER Plaintiff Jeffrey Epstein Epstein by and through his undersigned counsel moves this Court to compel the production of docUiilents from Defendant BRADLEY EDWARDS Edwards and to amend 267and lift a protective order relating to a subpoena to the Bankruptcy Trustee The grol.itlds for this M9tlon are follows I On April Epstein sent a Request to Produce to Edwards requesting the following documents All emails data correspondence memos or similar docw.:pcm between Bradley Edwards Scott Rothstein William Berger and sell Ad.l an4f or any attorney or representative of RRA and any investor oTtb:itd pajty person or entity regar4ing Jeffrey Epstein or which mentions Jeffrey Epstein including Mike Fisten Kenneth Jenne Patrick Roberts or Rick Rich Fandrey On May Edwards served his response to this request by stating Objection as to communications to or from investigators as that is pr tected by the work-product and/or attorney-client privilege Exhibit A Epstein Rothstein and Edwards Case No AG Epsteins Motion to Compel and Amend Protective Order Although Edwards did not object to producing all documents requested he did not produce any documents responsive to this request Nor did Edwards who asserted privilege prepare a privilege log related to this request It is important to note that this request went to documents within Edwards possession and control as opposed to documents that were produced from the Bankruptcy Trustee The documents requested in were also requested by means of a subpoena to the Bankruptcy Trustee dated April After several motions and orders to compel Edwards finally prepared a privilege log relating to communications to and from the investigators among others However Edwards did not produce any e-mails or documents between the lawyers at RRA and a the U.S Attorneys Office the State Attorneys Office the Federal Bmeau of Investigation to which he had not objected and or which he did not claim a privilege on his privilege log Edwards did not produce any documents by and between RRA lawyers or representatives and third parties such as Conchita Sarnoff a reporter and any other news employees or reporters Edwards has not identified any communication with reporters on his privilege log On January Epstein sent a second subpoena requesting the following documents from the Bankruptcy Trustee Any and all email communications by/between any attorney and/or employee of the former Rothstein law finn including but not limited to Scott Rothstein Russell Adler William Berger Michael Fisten Ken Jenne David Boden Deborah Villegas Andrew Barnett Patrick Roberts Richard Fandry Christina Kitterman Gary Farmer and Bradley Edwards on the one hand and any of the following regarding Jeffiey Epstein a U.S Attorneys office Epstein Rothstein and Edwards Case No AG Epsteins Motion to Compel and Am.end Protective Order State of Florida Attorneys Office Federal Bureau of Investigations City of Palm Beach Police Department Any investigator working for the State of Florida Any attorney law firm and any agent of any attorney or law firm who represented any individual with a claim against Jeffrey Epstein On April Epstein sent a Request to Produce to Edwards seeking documents that support Edwards contention that Epstein has waived his Fifth 267Amendment right by speaking to reporters On May Edwards responded with objections and claims of privilege Edwards did not prepare a privilege log even though the Court ordered him to do so On July this Court entered an Order granting a Motion for Protective Order without prejudice relating to the records on the subpoena to the Bankruptcy Trustee based on scope and relevancy A copy of the Order is attached to this Motion as Exhibit On November Edwards filed his Renewed Motion for Summary Judgment and a lengthy Statement of Undisputed Facts in Which he purported to identify suininary judgment evidence on which he relied Such undisputed facts reference and/or quote the Palm Beach Police Incident Report see r3 correspondence from the U.S Attorneys Office to Epstein see nis correspondence between the U.S Attorneys Office and Epsteins counsel see fl6 to support Edwards argument that he acted in good faith and that Epstein violated his agreement with the U.S Attorneys Office Edwards also quotes correspondence from the U.S Attorneys Office to Epsteins counsel see r6 specifically in support of his contention that there was a joint attempt to minimiz.e Epsteins civil exposure Epstein Rothstein and Edwards Case No AG Epsteins Motion to Compel and Am.end Protective Order Id Edwards also cites from a proposed plea agreement see in support of his contention that Epstein engaged in witness tampering Edwards has also referred to statements allegedly made by Epstein to a reporter in I of his Undisputed Statement of Facts Edwards contends Epsteins alleged statements to reporters waives his Fifth Amendment rights As a result of Edwards relying on communications with the government and reporters as part of his Renewed Motion for Summary Judgment and to support his contention that Epstein has waived his Fifth Amendment rights by speaking with reporters discovery is highly appropriate on these issues and should be permitted Epstein wishes to amend and narrow his request to the Trustee to obtain the following records All e-mails data correspondence and s4nilar d_ocuments Jateq April through August by and between Bradley Ed,WEllds Scott Rothstein Marc Nurik Cara Holines Mike Fisten and any one of the following reg ding or mentioning Jeffrey Epstein in any way a the U.S Attorneys Office the State At:torneys Office the Federal Bureau of Investigation Conchita Sam.off and any other news employees or reporters The described documents are not privileged so no in camera review is necessary Epsteins request has been narrowed so that compliance and production are not overly broad or burdensome The request is relevant and necessary in order for Epstein to defend Edwards Renewed Motion for Summary Judgment including Edwards contention that Epstein has waived his Fifth Amendment rights by discussions and communications with media news employees or reporters Epstein Rothstein and Edwards Case No AG Epsteins Motion to Compel and Amend Protective Order Based on the above Epstein requests the following relief a An Order directing Edwards to produce the above-described records that are in his possession and control An Order directing the Bankruptcy Trustee to produce the records described above and amending the prior protective order so as to allow the Bankruptcy Trustee to produce the records described above and That the Order contain a specific deadline for compliance Epstein requests compliance within twenty days of the date of the Order so as to allow time for any additional discovery in advance of Rothsteins deposition and in advance of the hearing on Edwards Renewed Motion for Stimmary Judgment The undersigned coWisel certifies that he has and will continue to attempt to resolve this matter with co el E4wards without the need of a hearing WHEREFORE Plaintiff IBFFREY EPSTEIN requests the Court grant its Motion to Compel and Am.end Protective Order for the reasons set forth above ej fii _:if is plt Ackenrian Jr Florida Bar No FOWLER WlilTE Epstein Rothstein and Edwards Case No AG Epsteins Motion to Compel and Amend Protective Order FOWLER WHITE I IN THE CIRCUIT COURT OF THE th ruDICIAL CIRCUIT IN AND FOR PALM BEACH COUNIT FLORIDA CIVIL DMSION AG CASE NO Judge David Crow JEFFREY EPSTEIN Plaintiff/Counter-Defendant SCOTT ROTHSTEIN individually and BRADLEY WARDS individually Defendants/Counter-Plaintiffs __ ORDER ON PLAINTIFF JEFFREY EPSTEINS MOTION TO COMPEL AND AMEND PROTECTIVE ORDER THIS MA TIER came before the Court on Plaintiff Jeffrey Epsteins Motion to Compel and Amend Protective Order in the above-styled case This Court having reviewed the Motion having heard argument of counsel and being otherwise fully advised in the.premises it is hereby ORD ERE AND ADJUDGED as follows The Motion seeks to Compel a Requ.est to Produce and to modify this Courts prior Protective Order in regard to specific requests of the Defendant EDWARDS In addition the Motion seeks authority to direct a subpoena to the Bankruptcy Trustee of the former law firm of the fendants EDWARDS and ROTIISTEIN The Court finds that the Amended Request for Production and request for subpoena does request documents which the Court finds are either relevant aitd/or 267reasona.61y calculated lead to admissible evidence Therefore within 267twenty 20fdays of the date of this Order the Defendant EDWARDS shall produce any non-privileged documents as identified.,.in.J aragraph..lJ_of.EDW.ARDS Motion to Compel and.Amend the Plaintiff EPSTEIN is given authority to issue a subpoena to the Bankruptcy Trustee requesting the identical documents that are nori privileged Nothirig in this Order shall constitute any waiver or ruling upon any privilege that may apply to said documents and the Defendant EDWARDS an or others may file an objection to any such documentation on any privilege grounds and shall file a privilege log specifically identifying such documents EXHIBITB Epstein Rothstein and Edwards Case No 502009CA040800XMB/Division AG Order on Epsteins Motion to Compel and Amend Protective Order Page2 of2 DON AND ORDERED in Chambers at West Palm Bea Beach County Florida IV this day of April APJi D,4rs JUDG IO lOfl lJ HoNoRABLE oA VID cRow CRow CIRCUIT JUDGE Copies furnished to Joseph Ackerman Jr Esq Fowler White Burnett P.A Phillips Point West South Flagler Drive West Palm Beach FL Lilly Ann Sanchez Esq The L-S Law Firm Four Seasons Tower th Floor Brickell A venue Miami FL Jack Scarola Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Blvd West Palm Beach FL Jack A Goldberger Esq Atterbury Goldberger Weiss P.A Australian A venue South Suite West Palm Beach FL Marc Nurik Esq Law.Offices-of Marc Nurik One Broward Blvd Suite Fort Lauderdale FL Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehnnan P.L North Andrews Avenue Suite Fort-Lauderdale FL TON.TA HADDAD PA South Andrews Aven:qei ite North Fort Lauderdale FL Via US and Eledronic.Maii JackScar_ola Esq Searcy Denney et:al P,ilm Beach-Lakes Blvd West Palm Beach.it33 Dear Mr Scarola May 2671223telephorie facsimile torij tonjah ddt;idpa om We are in re dpt qf your purported responsive 5ctililerit lo graph of Qui Motion to CQmp.el a.rid ajtl P:l Q1eAbat rr:equest to which you were C9urt"."ordered to respond wted you to,pio:liidtfthe,:folloW ttg All-e-mails data correspottden and simil1 db t1 dat pfil 70tm tbr9l,lgll Augttst an,d twe Bi:adl Ed VSrtl_ coft ML tlothstein Marc Nurlk Cara Hoimes Mike FJsten and ant on Qwjng tg ipg mtjltl ip g.Jeff ppstchtin ny way afll e:l,J S-:-At.lori:iey.,is Olti Jhe Smte;Attomeys Office the Federa1:aurcau of Inv stigatio Conchita.Si Jld ny otb news,cmployees or reporters S..ee fqrqgraph:/3;Q M.i!iion 1!Comp"l Hb.w.cycr y9u.provi:cled Uttle m.ore than::muldple cop1es dtcortcsportd6ice responsiv.e to I ID As 4i i it tft jf;w i ij JlQf tye._ i responsive toAhe actual teq to wit all e;mails data,:.:corresp611dertce and similar documents dated April 1_ tq_ sh A 265gust between Bradley Ecly 4s 267Roihst MarcN_uriis any orte the following regard.hrg Of.mtiitjqing temdri llY a th u.s Att9mey Office bfthei:state:Atfomey Offic and the FedertilBweau,.ofinv.e gad_o i C?.iiot lle J.a 9lt Jit wiID JlQi iu tQ le Ir ir 267ate;:mo.tfohS with 267the-J:oun and:iseek::aif dmd aiicd a1 ilable inch ding PP PJl a fho to whichy9u will be,vwneadile 2430r-vfolation of.a Court order tonja Haddad Coleman fortheftmi EXHIBITC
