IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually, J. a individually, Defendant/Counter-Plaintiff. CASE NO.: 502009 CA 040800XXXXMBAG JUDGE: HAFELE ( A O ### PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION TO STRIKE DEFENDANT/COUNTER-PLAINTIFF MIN EDWARDS'S NOTICE OF HEARING Plaintiff/Counter-Defendant Jeffrey E ein ("Epstein"), by and through his undersigned counsel and pursuant t 90(d) of the Florida Rules of Civil Procedure, hereby files his Strike Defendant/Counter-Plaintiff ') No cheit) 'et o ng for June 6, 2017, which was filed and served on June 2, 2017. In support of, Epstein states: ### STATEMENT OF FACTS On ay76, 2017, counsel, Mr. Scarola, sent an electronic correspondence to undersigned counsel for Epstein, inquiring if she were available for a hearing June 6, 7, or 8 on Motion to Set a Trial Date. Undersigned counsel responded that she was starting trial on June 6, and offered June 21, 2017, or any date during the last week of June, as alternative dates for the hearing. Counsel for responded that "Mr. Scarola is not available June 9 through June 27" and the Judge's calendar was suspended June 28 and 29. Undersigned stated that she needed to be present at the hearing, as the hearing is to schedule atrial date, and offered in turn that perhaps one of co-counsels or another attorney in Mr. Scarola's office could stand in during a hearing in June in Mr. Scarola's absence. No response to this offer was received. True and correct copies of these communications arc attached hereto as composite "Exhibit A." Next, on May 31, 2017, after work hours, counsel sent another email regarding June 6, 7, and 8 as proposed hearing dates for his Motion to Set aTrial Date, stating therein that if undersigned failed to respond, then the hearing would be set for June 7 or 8. Undersigned again responded, within minutes, and reiterated that she was unavailable on those dates due to starting, trial on June 6. On June 1, 2017, communications continued, and notwithstanding undersigned's explanation that she was starting a criminal jury trial on June 6,1t Notice of Hearing for Tuesday, June 6, 2017 was served upon counsel on the afternoon of June 2, 2017. True and correct copies of these communications are attached hereto as composite "Exhibit B," and atrue and correct copy of the Notice of Hearing is attached hereto as "Exhibit C." ## MEMORANDUM OF LAW Rule 1.090(d) of the Florida Rules of Civil Procedure provides that "[a] copy of any written motion which may not be heard ex parte and acopy of the notice of the hearing thereof shall be served areasonable time before the time specified for the hearing." FLA. R.Civ. P. 1.090 (2017). See also Devoe & Raynolds Co., Inc. v. KDS Pain: Co., 382 So.2d 126, 127 (Fla. 4th DCA 1980) (holding that "[a]bsent extraordinary circumstances, proper notice should include written notice served areasonable time before the time specified for the hearing."). While there are no hard rules regarding how much time constitutes "reasonable time" for service of notice before hearing, two (2) business days has consistently been held to be unreasonable. Harreld v. Harreld, 682 So. 2d 635 (Fla. 2d DCA 1996); Finn v. Elliott, 961 So. 2d 384 (Fla. 2d DCA 2007). Likewise, the local rules applicable hereto require at least five (5) business days' notice of a hearing. As such, pursuant to Local Rule Number 4 of the Fifteenth Judicial Circuit, and the Palm Beach County Bar Association's Standards for Professional Courtesy and Civility, this unilaterally set hearing, with two (2) business days' notice, is improper and must be stricken and the hearing reset to atime when counsel can be present. Local Rule 4 of the Fifteenth Judicial Circuit governs Uniform Motion Calendar and provides, in relevant part, that hearings shall be set and noticed pursuant to the "Standards of Professional Courtesy and Civility which have been endorsed by the judges of the Fifteenth Judicial Circuit." See 1.pcal Rule No. 4, In Re: Uniform Motion Calendar, attached hereto as "Exhibit D." The Standards for Professional Courtesy and Civility provide the following with respect to scheduling hearings: "As ageneral rule, actual notice should be givep that is no less than five (5) business days for in-state depositions, ten (10) businets days for out-of-state depositions and five (5) business days for hearings P lm Beach County Bar Association's Standards for Professional Co iglik Civility (emphasis added). u\\ nthe instant case, fails to comport with the basic requisites for setting this hearing not only by giving two (2) business days' notice, but also by setting it on a date on which he is well-aware that undersigned will be in trial in another jurisdiction and unable to attend the hearing. As such, it must be reset to atime during which counsel can be present. It is likewise noteworthy to illustrate that this Court is currently scheduling Jury Trials for the trial period of January 2018 through March 2018. As such, a two-week delay to set a trial date does not prejudice Consequently, EIMINotice of Hearing should be stricken and this hearing reset, upon proper notice, on adate on which counsel can be present. WE HEREBY CERTIFY that atrue and correct copy of the foregoing was served upon all parties listed below, via Electronic Service, this June 2, 2017.O c, +6s /s/ Tonja Haddad Cole Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OF TONJA HADDAD, PA 315 SE Th Street Suite 301 4rt Lauderdale, Florida 33301 954.467.1223 54.337.3716 (facsimile) iling@tonjahaddad.com Tonja@tonjahaddad.com #### SERVICE LIST CASE NO. 502009CA040800=MBAG Jack Scarola, Esq. jsx®searcylaw.com; mep@scarcylaw.com Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Esq. At jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury, Goldberger, & Weiss, PA 40 se tr 250Australian Ave. South CY Suitt 1400 West Palm Beach, FL 33401 C Marc Nurik, Esq. Fort Lauderdale, FL 33301 1 East Broward Blvd. Suite 700 AS 99) J. MIS Esq. lailiathtojustice.com .S t Jaffe Weissing Fistos Leh 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 ,' Fred Haddad, Esq. Dee®FredHaddadLaw.com C 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 -Iv Tonja Haddad Coleman, Esquire Tonja@tonjahaddad.com; efiling®tonjahaddad.com Law Offices of Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Attorneys for Jeffrey Epstein W. Chester EMI, Jr. One Clcarlake Center Suite 1400 250 Australian Avenue South West Palm Beach, Florida 33401 wcblaw@aol.com; wcbcg@aol.com ### Tonja Haddad Coleman From: Mary E. Pirrotta Sent Friday, May 26, 2017 10:38 AM To: Subject Ton'ar Coleman RE: ADV. EPSTEIN--SERVICE OF COURT DOCUMENTS - 502009CA040800)001MBAG (File #: 291874) C 9 Thank you. Mr. Scarola is not available 6/9.6/27 and Judge Hafele's calendar is suspended 6/27, 6/28 and 6/29. What is your availability the first two weeks of July. Ns, E tc From: Tonja Haddad Coleman (mailto:tonja@tonjahaddad.comj Sent: May 26, 2017 10:35 AM To: Mary E. Pirrotta Cc: jgoldberger@agwpa.com; smahoney@agwpa.com; marc@nuriklaw.com; staff.efile@pathtolustice.com; Dee@FredHaddadLaw.com; Fred@FredHaddadlaw.com; wcblaw@aol.com; wcblawasst®gmail.com Subject: Re: ADV. EPSTEIN—SERVICE OF COURT DOCUMENTS - 502 00X)=MBAG (File #: 291874) No - as I said in my email below I start trial June 6. Tonja Haddad Coleman, Esq. Tonja Haddad, PA Advocate Building 315 SE 7th Street Suite 301 Fort Lauderdale, FL 33301 On May 26, 2017, at 10:28 AM, Mary E. Pirrotta \ wrote: Ms. Coleman: Are you available June 5, 6, 7 or 8? by unauthorized persons. This communication originates from the law firm of Searcy Denney Scarola Barnhart & Shipley, P.A. and is protected under the Electronic Communication Privacy Act, 18 U.S.C. S2510-2521. The information contained in this E-mail message is privileged and confidential under Fla. R. Jud. Admin. 2.420 and information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. Personal messages express views solely of the sender and shall not be attributed to the law firm. If you received this communication in error, please notify the sender immediately by e-mail or by telephone at (800) 780-8607 and destroy all copies of the original message. Thank you. \*\*\*\*\* NOT A CERTIFIED COM # Tonja Haddad Coleman From: Sent: To: Cc Subject: Tonja Haddad Coleman Wednesday, May 31, 2017 6:43 PM Nora J. Fried jgoldberger@agwpa.com; smahoney@agwpa.com; marc@nuriklaw.com; staff.efile@pathtojustice.com; dee@fredhaddadlaw.co; fred@fredhaddadlaw.com; wcblaw@aolcom; wcblawasst@gmail.com Re: ADV. EPSTEIN--SERVICE OF COURT DOCUMENTS - 502009CA04080O)O00(MBAG (File #: 291874) For the third time I start Trial June 6 and am C LI) Not available- this was repeatedly stated- there cannot be a hearing set on those days. I am sorry it will not Be heard before Mr. Scarola's vacation for 3 weeks but my schedule does not permit it. Confirm receipt please. I have sent this twice already. Tonja Haddad Coleman, Esq. Tonja Haddad, PA Advocate Building 315 SE 7th Street Suite 301 Fort Lauderdale, FL 33301 Jc On May 31, 2017, at 6:08 PM, Nora J. Fried \ wrote: > Good afternoon. Just following up on Mary Pirrotta's email inquiring regarding availability for UMC on 6/7 or 6/8 while she is away on vacation. If I do not hear otherwise by noon tomorrow, 6/1/17, I will assume either date is acceptable. Thank you. Nora Fried Legal Secretary ## Tonja Haddad Coleman From: Tonja Haddad Coleman Sent Thursday, June 01, 2017 939 PM To: Jack Scarola Cc Nora J. Fried; Mary E. Pirrone; staff.efile@pathtojustice.com; wcblaw@aol.com; wcblawas.st@gmail.com; Brad Jack Subject Re: ADV. EPSTEIN--SERVICE OF COURT DOCUMENTS - 502009CA040800XXXXMBAG (File #: 291874) With all due respect Mr. Scarola no hearing in this case is ever simple. Moreover, I need to be at the hearing and I start trial June 6. Your three week vacation is not more important than my trial- you have countless partners who could stand in and cover for you while you're on vacation on June 21 or during the last week of June. I simply cannot appear next week. Tonja Haddad Coleman, Esq. Tonja Haddad, PA AS C) ) Advocate Building 315 SE 7th Street Suite 301 Fort Lauderdale, FL 33301 (S" CCP\* On Jun 1, 2017, at 9:32 PM, Jack Scarola CSX@Searcylaw.com>\_\_wrote: I called and left a message for you and received no response. We are unwilling to wait a month or more to hold a very simple hearing to get the referenced matter set for trial, when that delay will undoubtedly limit the trial settings available to us. There are at least four separate law firms directly and actively involved in the defense of this case. One representative from one of those firms should be more than capable of appearing in person or by telephone for the hearing that we will notice for a UMC hearing on June 6. Thank you for your anticipated cooperation. On Jun 1, 2017, at 8:18 AM, Tonja Haddad Coleman Coniaratoniahaddad.com> wrote: ### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800)DOCNBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN individually, J. , individually, and L.M., individually, Defendant(s). ### AMENDED NOTICE QP ARING (Amended = oNon only). YOU ARE HEREBY NOTIF1E undersigned has called up for hearing the following: DATE: June 6, 2017 C TIME: 8:45 a.m. JUDGE: Honorable Donald Hafele PLACE: 205 N. Dixie Highway, West Palm Beach, FL 33401 ROOM /I: 10-C SPECIFIC MATTERS TO BE HEARD: Plaintiff's Motion to Set Case for Trial A4S ) c? ' Counsel has confined with all parties who may be affected by the relief sought in the motion in agood faith effort to resolve or narrow the issues raised Epstein v. [REDACTED]\ Case No.: 502009CA040800XXXXMBAG\ Amended Notice of Hearing \_\_\_\_\_\ *Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.* I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, on this 2nd day of June, 2017. ![](<>)JACK SCAROLA\ Florida Bar No.: 169440\ Attorney E-Mail: jsx@scarcylaw.com and\ mep@scarcylaw.com\ Primary E-\[REDACTED\]: \_scarolateam@scarcylaw.com\ Scarcy Denney Scarola Barnhart & Shipley, P.A.\ 2139 Palm Beach Lakes Boulevard\ West Palm Beach, Florida 33409\ Phone: (561) 686-6300\ Fax: (561) 383-9451\ Attorney for Plaintiff(s) Epstein v. Case No.: NICA040800XXXXIABAG Amended Notice of Hearing ### COUNSEL LIST William Chester Esquire wcblaw@aol.com; wcblawasst@gmail.com 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Cos Jack A. Goldberger, Esquire jgoldberger®agwpa.com; smahoney®agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Andrew A. Harris, Esquire aah®FLAppellateLaw.com; jew Burlington & Rockenbach 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Fax: (561)-721-0465 Attorneys for Jeffrey Epstein teLaw.com; J. Edwards, Esquire staffefile®pathtojustice.com Fanner Jaffe Weissing 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Attorneys for Jeffrey Epstein Fistos & Lehrman, P.L. Fred Haddad, Esquire Dee@FredHaddadLaw.com; Fred ®FredHaddadLaw.com Epstein v. Case No.: 502009CA040800XXXXM BAG Amended Notice of Hearing #### COUNSEL LIST William Chester Esquire wcblaw@aol.com; wcblawasst@gmail.com 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Cos Jack A. Goldberger, Esquire jgoldberger®agwpa.com; smahoney(gagwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Andrew A. Harris, Esquire aah@FLAppellateLaw.com; jew@FCkppe ateLaw.com; Burlington & Rockenbach 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Fax: (561)-721-0465 Attorneys for Jeffrey Epstein J. Edwards, Esquire staff.efile@pathtojustice.com Farmer Jaffe Weissing Fistos & Lehrman, P.L. 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Attorneys for Jeffrey Epstein Fred Haddad, Esquire Dee®FredHaddadLaw.com; Fred®FredHaddadLaw.com Epstein v Case No.: 502009CA040800XXXXMBAG Amended Notice of Hearing Fred Haddad, P.A. One Financial Plaza, Suite 2612 Fort Lauderdale, FL 33394 Phone: (954)-467-6767 Fax: (954)-467-3599 Attorneys for Jeffrey Epstein Paul Morris, Esquire paulappeal@gmail.com; paul@paulmorrislaw.com Paul Morris, P.A. 9350 S Dixie Highway, Suite 1450 Miami, FL 33156 Phone: (305)-670-1441 Fax: (305)-670-2202 Attorneys for Jeffrey Epstein Tonja Haddad Coleman, Esquire tonja@tonjahaddad.com; efiling@tonjahaddad.' Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Phone: (954)467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire marc@nuriklaw.com One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein Go "If you are aperson with adisabilitv who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Americans with Disabilities Act Coordinator, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time beforc the scheduled appearance is less than 7 days; if you are hearing or volee impaired, call 711." "Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, aque se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con Americans with Disabilities Act Coordinator, por lo menos 7 días antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la comparecencia que se ha programado es menos de 7 días; si usted tiene discapacitación del oído ode la voz, Dame al 711." "Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifyc san ou pa gen okenn lajan pou wpeyc, gen pwovizyon pou jwen kék èd. Tanpri kontakte nan 7 jou anvan dat ou gen randevou pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si ou gen pwoblèm pou w tande oubyen pale, rele 711." Rev: 8/20/15 # IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Local Rule No.414.,,'v IN RE: UNIFORM MOTION CALENDAR CS' Pursuant to the authority conferred by rule 2.215(e), Fla.-1.i. Jud. Admin., it is ORDERED as follows: • ,,( i - 1. Circuit judges in each division shall conduct aip calendar on days and at a time specified by the judges of the division. / 4414/ - 2. Prior to setting a matter on the Uniform 'Motion Calendar, the attorney noticing the motion for hearing shall attempt to e ode he matter and shall certify the good faith attempt to resolve. - 3. The term "attempt to resolve the matter" in paragraph 2 shall require counsel to make reasonable efforts to actually speak to one another (in person or via telephone) and engage in reasonable compromises in agenuine effort to resolve or narrow the disputes before seeking court intervention. All parties are to act courteously and professionally in the attempted resolution of the disputes prior to setting a hearing. - 4. All notices of hearings for matters scheduled on the Uniform Motion Calendar shall set forth directly above the signature block, the below certifications without modification and shall designate with acheck mark or other marking the specific certification which applies: Counsel has conferred with all parties who may be affected by the relief sought in the motion in agood faith effort to resolve or narrow the issues raised. Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so. - 5. Failure to make a good faith attempt at resolving the issues may, in the court's discretion, result in the motion being stricken from the Uniform Motion Calendar and/or the imposition of sanctions. The court may waive the good faith attempt at resolving the issues in appropriate circumstances. - 6. To the extent possible, counsel shall advise the Court in advance of the hearing of cancellation, or resolution of some or all of the issues raised by the motion. - 7. Hearings shall be limited to ten minutes per case. If two parties, each side shall be allotted five minutes. If more than two parties, the time shall be allocated by the Court. The ten-minute time limitation shall include the time necessary for the Court to review documents, memoranda, case authority, etc. - 8. The moving party must furnish the court a copy of the motion to belC)gether with a copy of the notice of hearing. Also, all parties shall furnish the Court with copies of all documents, pleadings and case authority which they wish the Court to consider. - 9. SCHEDULING -- Except in the criminal division, counsel shall not make appointments with the Court's judicial assistant but shall notice opposing counsel pursuant to the applicable rules of civil procedure and the Standards of Professional Courtesy and Civility which have been endorsed by the judges of the Fifteenth Judicial Circuit. - 10. The courtroom deputy shall call cases for hearing in the order in which counsel signed up on the sheet posted outside the hearing room. Failure of any party to appear at the time set for the commencement of the calendar shall not prevent a party from proceeding with the hearing. If a party called for hearing chooses to wait for an absent party, the matter will be passed over but shall retain its position on that day's calendar. DONE and SIGNED in Chambers at West Palm Beach, Palm Beach County, Florida, this day of 2015. Je y Colbath C of Judge \*Amends Local Rule 4 approved in 1991. Amendments (in bold) approved by the Supreme Court of Florida, June 17, 2015.