Draft: efta02769640

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

CIVIL DIVISION CASE NO. 502009CA040800)OOCXMBAG Judge David F.¶

JEFFREY EPSTEIN,¶

Plaintiff,¶

v.¶

SCOTT ROTHSTEIN individually and J. , individually,¶

Defendants. C nin 7,a3a G¶

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cal o¶

PLAINTIFF'S REQUEST FOR PRODUCT RIL 7,'N,./ Plaintiff Jeffrey Epstein, pursuant to Rule 1.3 5\ iv. P., reques t J. M, produce for inspection and '4• g, t e documents identifieditelow within the time limits provided by the Rule at the o f undersigned. .10 • *¶

I. DE IN AND INSTRUCTIONS¶

4¶

1. "Document" m s 96 ument known to you and every such document which can be located or discovered b bly diligent efforts; any original or copy of such in your custody, possession or ntrol, uding, but not limited to, any printed, written, recorded, taped, electronic (e-mails hic, or other tangible matter from whatever source, however produced or reprod, et er in draft or otherwise, whether sent or received or neither, including the origi1 1, all amendments and addenda and any non-identical copy (whether different from because of notes made on or attached to such copy or otherwise) of any and all Ming correspondence, letters, telegrams, facsimile communications, cables, notes, notations, ewsletters, memoranda, inter-office communications, releases, agreements, con, pamphlets, studies, minutes of meetings, recordings or other memorials of any type of pe I or telephone conversations, meetings or conferences (including, but not limited to, telephone bills and long distance charge slips), reports, analyses, evaluations, estimates, projections, forecasts, receipts, statements, accounts, books of account, diaries, calendars, desk pads, appointment books, stenographer's notebooks, transcripts, ledgers, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, cancelled or uncanceled checks or drafts, vouchers, charge slips, invoices, purchase orders, accountant's reports, financial statements, newspapers, periodical or magazine materials, and any material underlying, supporting or used in the preparation of any documents or record whatsoever.

2. "Referring to", "reflecting", "supporting", "evidencing" or "relates to" means in any way directly or indirectly, concerning, disclosing, describing, confirming, or representing.

3. "And" and "or" shall be construed in the disjunctive or conjunctive as necessary in order to bring within the scope of each request all documents which might otherwise be construed to be outside its scope.

4. "Epstein" means the Plaintiff.

5. "Defendant", "you" and/or "a means J. agent or for and any other person acting or purporting to act for, or on behalf wards or under authority or control.

6. "Complaint" refers to the initial pleading or Complaint fi action and any amended pleadings. AStintiff in this

7. All other terms are defined as they are in the Complai

8. Any document as to which a claim of privile will be asserted should be identified by author, signatory, description (e.g., letter, me facsimile, recording, etc.), title (if any), date, addresses (if any), general subjec nt depository and present custodian and a complete statement of the ground for f privilege should be set forth.

9. If you maintain that any docum requested has been destroyed, set forth the contents of the document, the date of ction and the name of the person who authorized or directed such destruction.

10. If any of the docum ted cannot be produced in full, produce to the extent possible, specifying the e inability to produce the remainder.

11. In responding following document requests, please specify which documents are responsive &each request and, where appropriate, to each sub-part thereof.

12. This uest a continuing one. If after producing documents, you become aware of any further res 'ye documents, you are requested to produce such additional documents.

13. previously if so nu maintain that documents responsive to any Request contained herein have uced in response to an earlier Request, so state and provide the bate-number

14. Unless otherwise stated, the time period for this request is from May 1, 2010 through the date of service.

REQUESTS¶

1. All documents reflecting any allegedly public statements regarding "his criminal activity" as referenced by counsel to Defendant March 14, 2011 to Plaintiff's counsel Ackerman. made by Plaintiff in an email of

2. All documents reflecting or tending to support Defendant Plaintiff waived his Fifth Amendment rights under the U.S. Constitution. position that

3. All documents reflecting or tending to support Defendant position that Plaintiff has lost his Fifth Amendment rights by operation of law or otherwise c ' t by waiver.

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that a true and correct copy o day of April, 2011 to Gary M. In Jr., Esq., 425 N. Andrews Avenue, Suite 2, Fort Lauderdale, F. Atterbury, Goldberger & Weiss, P.A., 250 Australi Beach, FL 33401-5012; Marc S. Nurik, Esq., Law Boulevard, Suite 700, Fort Lauderdale, FL 33 Scarola et al., 2139 Palm Beach Lakes Bo 33409. egoinwi s mailed this 7th ing, , Fistos, et al, , Jack Alan Goldberger, Esq., South, Suite 1400, West Palm Marc S. Nurik, One East Broward Jack Scarola, Esquire, Searcy Denney . Drawer 3626, West Palm Beach, FL¶

CO¶

Y1.O:1¶

seph L. Ackerman, Jr. v Fla. Bar No. 235954¶

BURNETT, P.A. 901 Point West 777 South Flagler Drive West Palm Beach, Florida 33401 Telephone: (561) 802-9044 Facsimile: (561) 802-9976¶