Draft: efta02769903

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CIVIL DIVISION
CASE NO. 502009CA040800XXXXMBAG
Judge David F. [REDACTED]¶

JEFFREY EPSTEIN,¶

Plaintiff/Counter-Defendant,¶

v.¶

SCOTT ROTHSTEIN, individually and
[REDACTED] J. [REDACTED], individually,
and L.M., individually,¶

Defendants/Counter-Plaintiffs.¶

PLAINTIFF/COUNTER-DEFENDANT, JEFFREY EPSTEIN'S RESPONSE TO
DEFENDANT/COUNTER-PLAINTIFF, [REDACTED] J. [REDACTED] MOTION FOR
PROTECTIVE ORDER REGARDING SUBPOENA TO TRUSTEE, HERBERT
STETTIN FOR RECORDS OF COMMUNICATIONS BY AND BETWEEN
ROTHSTEIN, ROSENFELDT & ADLER, P.A. AND GOVERNMENT/LAW
ENFORCEMENT OFFICERS¶

Plaintiff/Counter-Defendant, Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to the Florida Rules of Civil Procedure, files this his Response to the Motion for Protective Order filed by the Defendant/Counter-Plaintiff, [REDACTED] J. [REDACTED] ("[REDACTED]"), relating to a subpoena issued by Epstein to the bankruptcy trustee for Rothstein, Rosenfeldt & Adler, P.A. ("RRA"), for records of communications by and between RRA and government and law enforcement officials relating to Jeffrey Epstein.¶

1. On January 4, 2011, counsel for Epstein sent a subpoena for records of emails and documents by and between RRA and government and law enforcement officials relating to Jeffrey Epstein. A copy of the subpoena is attached as Exhibit "1".

2. The records requested are relevant because of the allegation in Epstein's Amended Complaint relating to Defendant's plan to interfere with the Non-Prosecution

Agreement ("NPA") that Epstein entered into with the federal government (Paragraphs 24-27, 29(4)-(5).¶

3. At the time the subpoena was issued, the case was set for trial on ght week docket beginning March 7, 2001 through April 29, 2011. Florida Rule o SS il, cedure 1.310(b)(1), allows for subpoenas directly to third parties for records.

0 4. Counsel for the bankruptcy trustee has conducted a specified search to comply with this request. See Exhibit "2".¶

5. Counsel for the bankruptcy trustee has prepWa disk with approximately 10,000 records responsive to this request and is prepared / -it-over to the parties once this Court rules on this motion or otherwise addresses iL tay 'discovery to the bankruptcy trustee. See Exhibit "3".

6. There is no need .4CLIesiumv era review, or the appointment of a special because the claim of privilege as tied by does not apply. This subpoena is for records relating to communieation{With a third party where no privilege exists. It is also well established that a voluntary disclosure waives any privilege. See § 90.507 of the Florida Statutes (2006); v. Riverside Logistists, Inc., 14 So. 3d 1122, (Fla. 1 51 DCA 2009). Gosman v. Luzinski, b3y7 So. 2d 293, 296 (Fla. 4th DCA 2006), relied upon by does not apply, because in Gosman, the request was directed to a party who had to make the production, not a third party who is already prepared to produce the records, and has not raised a burdensome objection. Moreover, no legitimate claims of privilege can exist because RRA was adverse to law enforcement in the Criminal Victim Rights Act lawsuit identified in paragraph 29(4) of the Amended Complaint.

7. Consequently, there is no need for an in-camera review or the appointment of a special

WHEREFORE, Plaintiff/Counter-Defendant, Jeffrey Epstein, respectfully requests that this Court deny Defendant/Counter-Plaintiff, J. Motion for Protecfive Order lifting the stay Order allowing the bankruptcy trustee to provide the documentsobpoenaed.¶

I HEREBY CERTIFY that a true and correct copy of the f rego tig-Was emailed and mailed this r"'day of July, 2011 to:¶

Jack Scarola, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A 2139 Palm Beach Lakes Blvd. P.O. Drawer 3626 West Palm Beach, FL 33409¶

Jack A. Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1 West Palm Beach, FL 33401-5012¶

Marc S. Nurik, Esq. Law Offices of Marc S. Nurik One E. Broward Blvd., Sur Ft. Lauderdale, FL 3 C_ 01¶

• L'

Jeffrey Epstein v Scott Rothstein, et al. CASE NO. 502009CA040800XXXXMBAG Epstein's Resp to MPO re Trustee's Subpoena, etc.¶

Respectfully submitted,¶

1 1¶

seph . Ackennan, Jr.¶

Fla. Bar No. 235954¶

Email:¶

BURNETT,¶

901 Point West¶

777 South Flagler Drive¶

West Palm Beach, Florida¶

Telephone: (561)¶

Facsimile: (561 76¶

Attorneys J¶

Cw W )80743 \RESPON4S-Epstem's Response iti ' 84P0 re Trustee Records Government Communications-JLA dots ) 7 r,¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶

JEFFREY EPSTEIN,¶

Plaintiff,¶

v.¶

SCOTT' ROTHSTEIN individually,¶

J. individually, and L.M., individually,¶

Defendants.¶

THE STATE OF FLORIDA:¶

Complex Litigation, Fla. R. Civ. Pro.1201¶

Case No. 50 2009CA0408003OOaMB AG¶

TO: Herbert Stettin, Trustee in Bankruptcy for Rothstein do Charles Lichtman Berger Singerman, PA Miarni, FL 33131 \ 200 S. Biscayne Blvd., Suite 1000 dt & Adler, PA¶

YOU ARE COMMANDED to AN before a person authorized by law to take depositions at the law offices of Burnett, P.A., One Financial Plaza, 100 S.E. 3rd Avenue, 21" Floor, Fort Lauderdale, FL 33394 on the 20th day of January, 2011, at 2:00 p.m., for the taking of your deposition in this action and to have with you at that time and place the following:¶

SUBPOENA FOR DEPOSITION DUCES TECUO¶

See Attached Schedule "A"¶

If you fail to appear, you may be in contempt of court.¶

You bpoenaed to appear by the following attorney, and unless excused from this subpoena b rney or the court, you shall respond to this subpoena as directed.¶

Dated onel p ,34 2011.¶

L. Ackerman, Jr., Esq. & ~Ann Lil Burnett, P.A. Esq. Attorneys for Plaintiff Jeffrey Epstein Espirto Santo Plaza 1395 Brickell Avenue, 14th Floor Miami, FL 33131 Telephone: (305) 789-9200¶

¶

For the Court¶

J. eph L. A crman, Jr., Lilly Ann a Esq.¶

SCHEDULE "A"¶

• 1. Any and all email communications by/between any attorney and/o Rothstein law firm, including but not limited to, Scott Ro B e 'c el Fisten, Ken Jenne, David Boden, Debo Richard Fandry, Christina Kitterman, Gar on the one hand, and any of the following regarding Jeffrey Epstein:
  • a) U.S. Attorney's Office;
  • b) State of Florida Attorney's Office;
  • c) Federal Bureau of Investigations;
  • d) City of Palm Beach Police Department;
  • e) Any investigator working for the State of Florida;
• f) Any attorney, law firm and any agent of any attorney or law ficsIfttcpresented any ee of the former Adler, William

individual with a claim against Jeffrey Epstein. V AS A)9 ( S i Nor 6 S WAS0743Oiscovery\Subpocria DT for Depositice- Al Discaladocx¶

IN TILE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

JEFFREY EPSTEIN, Complex Litigation, Fla. R. Civ. Pro.1201¶

Plaintiff,¶

v.¶

SCOTT ROTHSTEIN, individually, J. individually, and L.M.,¶

Defendants.¶

NOTICE OF TAKING ON¶

/C ), PLEASE TAKE NOTICE that the undersetpr attorney or an attorney of the firm will take the deposition of:¶

Name:¶

Case No. 50 2009CA040800)OOOCISIB AG Aam.¶

04¶

Date and Time:¶

Place:¶

0¶

Upon oral amination before US LEGAL AKA KLEIN, BURY & ASSOCIATES, INC., Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purposes of discovery, for the use at trial, or for such other purposes as are permitted under the rules of the Court.¶

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 4th¶

,.%Herbert Stettin, Trustee in Bankruptcy for RRA¶

Thursday, January 20, 2011 at 2:00 p.m.¶

Burnett, P.A. One Financial Plaza 100 Southeast 3rd Avenue, 21st Floor Fort Lauderdale, Florida 33394¶

day of January, 2011 to Jack Scarola, Searcy Denney Scarola Barnhart & Shipley, Attorneys for [REDACTED] J. [REDACTED], 2139 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409 and Marc S. Nurik, Law Offices of Marc S. Nurik, Attorneys for Scott Rothstein, One E. Broward Blvd., Ste 700, Fort Lauderdale, FL 33301.¶

Respectfully submitted,¶

Joseph L. Ackerman, Jr.¶

Fla. Bar No. 235954¶

Espirito Santo Plaza, 14^th Floor¶

1395 Brickell Avenue¶

Miami, Florida 33131-3302¶

Telephone: (305) 789-9200¶

Facsimile: (305) 789-9201¶

cc: US Legal aka Klein, Bury & Associates, Inc.¶

L. Ackerman, Jr.¶

From: Lilly Ann Sent: Tuesday, February 08, 2011 4:02 PM To: Charles H. Lichtman' Cc: L. Ackerman, Jr.; Subject: names for subpeona E. KNIGHT¶

The following names are to be used in the search-How long do you think it will take?¶

US Attorneys Office¶

Villafana, Asst. US Attorney R. Alexander Acosta, US Attorney Jeffrey H. Sloman, l u Asst. US Attorney Matthew Menchel, Asst. US Attorney Andrew Lourie, Asst. US Attorney¶

Palm Beach Police Department*¶

Sgt. Chris Keen Lamont Lee Detective Captain Gudger Curtis D. Krauel Recarey¶

Michael Dawson Pagan Gregory Parkinson¶

*All of these names were listed in the polic Cpelrt as the reporting officers¶

FBI¶

Agent Nebit Kirkendahl Agent Jason Richard¶

State Attorney's Offi(c'e.\¶

Barry E. Krischer, State Attorney Lanna Belohlavek, Asst. State Attorney¶

¶

¶

cos¶

vCard | Biography | Website¶

305.789.9200 main
305.789.9279 direct
305.728.7579 fax¶

Espirito Santo Plaza
1395 Brickell Avenue
14^th Floor
Miami, Florida 33131¶

[REDACTED]¶

NOT A CERTIFIED COPY¶

From: Charles H. Lichtman [mailto:Clichtman@bergersingerman.com]
Sent: Wednesday, February 16, 2011 10:20 AM
To: Lily Ann [redacted]; Robert Carney; Gary [redacted]; Seth Lehrman
Cc: Hmstettin@bellsouth.net
Subject: MORE DOCUMENTS re Epstein¶

As you know, Mr. Epstein's counsel served upon the Trustee a refined email search which sought documents reflecting communications between RRA lawyers and state and /or governmental officials, largely, if not all, law enforcement officers. I now have a disc of documents for each of you responsive to the subpoena, bate stamped w pages 1 through 10214. I have not reviewed the disc at all, and based upon the search terms, I highly doubt there is anything that could qualify as privileged since the search terms by definition included solely third party communications. Nevertheless, in an abundance of caution, we will review our standard protective order just to make sure the estate is protected. Assuming that to be the case, I intend to then forward to each of you a copy of the disc.¶

B I O¶

¶

BERGER SINGERMAN
attorneys at law¶

Charles H Lichtman¶

350 East Las Olas Boulevard
Suite 1000
Fort Lauderdale, FL 33301
Telephone: (954) 526-9900
Fax: (954) 523-2672¶

Direct Line: (954) 712-5138
E-mail: Clichtman@bergersingerman.com¶

Bosa Raton Et Leuderdale Miami Tallahassee
www.bergersingerman.com¶

Please consider the environment before printing this email.¶

This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work product or attorney client privileged. If this information is received by anyone other than the named and intended addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone at the phone number of the sender listed on the email and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you.¶

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CIRCULAR 230 DISCLAIMER: This communication does not constitute a "covered opinion" as such term is defined within Circular 230, and does not comply with the requirements for a "covered opinion." We have not conducted, nor have we been asked to conduct, that type of analysis in this communication. To¶

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