IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XVOGM13AG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN individually, and J. individually, Defendants/Counter-Plaintiff. CO 4S-A ## PLAINTIFF/COUNTER-DEFEND F Y EPSTEIN'S MOTION FOR CASE MANAG NFERENCE Plaintiff/Counter-Defendant, Jeffrey E "Epstein"), pursuant to Florida Rule of Civil Procedure 1.200 and section conference, and states: da Statutes, requests a case management - 1. This matter is or a 10-day jury trial commencing on March 13, 2018. - 2. Pursuant t es' Pretrial Stipulation, the first issue to be tried is Epstein's case against Defc data S tt Rothstein to determine the damages sustained by Epstein and proximately b Rothstein. The second issue that will be tried is Counter-Plaintiff - J. ards") malicious prosecution counterclaim against Epstein. - 3. Y In order for the parties to properly prepare for trial, Epstein respectfully requests a case management conference to comply with section 90.612, Florida Statutes and to address the following: - a. Plaintiff Epstein's time for jury selection, Counter-Plaintiff time for jury selection, peremptory challenges, and voir dire questions. - b. The Court's timing and procedures for the jury instruction charge conference pursuant to Florida Rule of Civil Procedure 1.470. - c. Amount of time allowed for opening statements, closing argu ents, and rebuttal, if any, and sequence of rebuttal. - d. Sequence of claims and witnesses (i.e., because Epst ' AR raintiff against Rothstein will put his case on first, will Edwar ed to inject new issues through cross examination of the wi Ac ) es nted during Epstein's case against Rothstein even though Ed et t a party to that claim?). See Steinhorst v. State, 412 So. 2d c Slli on la. 1982) ("If [a party] seeks to elicit testimony from an ibst e e 'Mess which goes beyond the scope encompassed by the ca imo S .., of the witness on direct examination, other ibility, he must make the witness his own. Stated more succin ly, isr rule posits that [a party] may not use cross-examination as a v or presenting defensive evidence."). See also Lambrix V. State, d 1143, 1147-48 (Fla. 1986) (trial court properly denied crossthan matters go Oxanimation where appellant sought to inquire about issues not raised on -÷. direct examination and was attempting to use cross-examination as a vehicle for presenting defensive evidence). Does the Court prefer for Epstein to finish his case against Rothstein before starting case against Epstein? Or, does the Court prefer allowing witnesses taking the stand to answer questions related to both cases? - e. The timing for the exchange of deposition video clips and demonstrative exhibits to be used during opening statement and closing argument. - f. Pm-marking and presentation of exhibits, including the introduction of exhibits to which an objection has been raised outside the presence of the jury. - g. The order of witnesses and who will be called live versus 440k, ideotaped O S deposition. - h. Allotment of time for directed verdict motions. - i. The number of days needed for trial b itnesses who will be called ## it 4. Section 90.612, Florida Statutes co 'Mode and order of interrogation and presentation" of witnesses and evidence apt vi : - (1) The judge shall ex nable control over the mode and order of the inte witnesses and the presentation of evidence, so as to: - (a) Facili ough effective interrogation and presentation, rscovery of the truth. A id needless consumption of time. c Protect witnesses from harassment or undue e mbarrassment. + - 2. Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in its discretion, permit inquiry into additional matters. - (3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls a hostile Service List below on February 16, 2018, through the Court's e-fili Rule of Judicial Administration 2.516(bX1). I certify that the foregoing document has been furnished to the ClIS is listed on the uant to Florida +6s LINK & RO 1555 Pal West P (56\]x' '36 H, PA es Boulevard, Suite 301 , Florida 33401 ; (561) 727-3601 [fax] witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. 5. Judicial resources will be greatly conserved if the Court and parties understand how the trial of this matter will proceed and, accordingly, Epstein respectfully requests that the Court schedule a case management conference to address these issues. ## CERTIFICATE OF SERVICE ottJ. Link tt J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Angela M. Many (FBN 26680) Primary: Scotta1linkrocklaw.com Primary: Kara©IinIcrocklaw.com Primary: Angela@linIcrocklaw.com Secondary: Tina@linkrocklaw.com Secondary: Troy®linkrocklaw.com Secondary: Tanya(pinkrocklaw.com Secondary: Eservice©Iinkrocklaw.com Trial Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein ## SERVICE LIST |

Jack Scarola
Searcy, Denny, Scarola, Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
mep@searcylaw.com
jsx@searcylaw.com
scarolateam@searcylaw.com

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Nichole J. Segal
Burlington & Rockenbach, P.A.
Courthouse Commons, Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
njs@FLAppellateLaw.com
kbt@FLAppellateLaw.com

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Co-Counsel for Defendant/Counter-Plaintiff
[REDACTED] J. [REDACTED]

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Co-Counsel for Defendant/Counter-Plaintiff
[REDACTED] J. [REDACTED]

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[REDACTED] J. [REDACTED]
[REDACTED] Pottinger LLC
425 N. Andrews Avenue, Suite 2
Ft. Lauderdale, FL 33301-3268
brad@epllc.com
staff.efile@pathtojustice.com

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Marc S. Nurik
Law Offices of [REDACTED] rc S. Nurik
One E. Broward Boulevard, Suite 700
Ft. Lauderdale, FL 33301
marc@nuriklaw.com

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Jack A. Goldberger
Atterbury, Goldberger & Weiss, P.A.
250 Australian Avenue S., Suite 1400
West Palm Beach, FL 33401
jgoldberger@agwpa.com
smahoney@agwpa.com

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Counsel for Defendant Scott Rothstein

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CERTIFIED LAWYER
Jeffrey Epstein

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