#### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800VOCXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN. individually, J. individually, and L.M., individually, Defendant, ### RESPONSE IN OPPOSITION TO .JEFFREY EPSTEIN'S SUPPLEMENTAL MOTION FOR CONTINUANCE OF TRIAL 'k-Counter-Plaintiff J. "), by and through undersigned counsel, hereby files this Response in Opposition tbPlaintiff/Counter-Defendant Jeffrey Epstein's Supplemental Motion for Continuan .t o .) 'and as grounds thereof states as follows: - ( - 1. On November 1 , 201 , pstein filed his Supplemental Motion for Continuance of —,/ Trial, which included the following incorrect assertions: - a. (1) changed his damages claim "by adding reputational damages" on Nb 5, 2017, when he disclosed expert witness Bernard J. Jansen, Ph.D.; ÷. b. Seventh Amended Witness List disclosed for the first time that certain fact witnesses would also provide expert witness testimony, namely the attorneys who represented Epstein's child victims in sexual abuse litigation; and - c. (3) Seventh Amended Witness List was the first time William Berger, Esq. was disclosed. adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Supplemental Motion for Continuance of Trial ## Reputational Damages 2. As to the first issue, has pled damages to his reputation in every malicious prosecution counterclaim that he has filed in this case, beginning in 2011: - a. (1) Amended Counterclaim at ¶ 12, filed October 4, 2011; - b. - c. (3) Third Amended Counterclaim at ¶ 33, filed May 21 - d. (4) Fourth Amended Counterclaim at ¶ 33, filed Jan 013. - (2) Second Amended Counterclaim at ¶ 33, filed November 2 9' ,S 1 ; a 3. Epstein has therefore been aware of the repytta t, . amages claim for six years, and any claim to the contrary is wholly without merit A is r, ied by the pleadings in this case. # Expert Wit Dixilosure 4. As to the second and third 's u pstein has been on notice since 2010 that the attorneys who represented his chi is were expected to provide both fact and opinion testimony in this case. Specifi y, ecember 2, 2010, served his Answers to First Set of Expert Witness Int tories, in which he stated as follows in response to Epstein's request for the disclosure of all experts "whom you expect to call as an Expert witness at trial": has not retained any experts at this time. However, it is expected that some or all of the attorneys who have prosecuted civil claims against Jeffrey E stein arising out of his abuse of children will be called to testify on behalf of and may express opinions regarding the services rendered by on behalf of his clients. Subsequent witness lists have consistently and repeatedly conveyed the same intent to rely upon the fact and opinion testimony of the attorneys who were simultaneously prosecuting child molestation claims jointly with against Epstein. Despite these disclosures, there was never a request to depose any of these attorneys at any adv. Epstein Case No. 502009CA040800XXXXMBAG Response in Opposition to Epstein's Supplemental Motion for Continuance of Trial time prior to November 13, 2017. That is, Epstein has waited over 7 years until less than 2 weeks before the close of discovery and only approximately 3 weeks before trial to seek discovery of these witnesses. 5. Moreover, these disclosures cover William Berger, Esquire, w 2012 was disclosed as an attorney who provided substantive services in the prosecuti f sexual abuse claims against Jeffrey Epstein. Specifically, a Answers Third Set of Interrogatories, which were served on January 6, 2012, included \_following question and answer: 1 )9 #32: Identify all attorneys who worked on the client cases against Plaintiff/Counter-Defendant Jeffrey Epstein, including, but not limit to, the attorneys former) at Rothstein Rosenfeldt & Adler; the attorneys at Jaffee, Weissing, Fistos & Lehrman, PL; outside attorneys and referring attorneys A: Paul C I; \_att Weissing, Steve Jaffee and Bill Berger rendered substantive servicertn t prosecution of claims against Jeffrey Epstein. Adler was in attenderEe jai depositions but was not an active \\ participant. was, in fact, specifically questioned about William Berger when deposed for the first-time more than seven years ago in 2010. Exhibit A e entirety of Epstein's witness deposition efforts is attached as 6. was also questioned about William Berger, Esq. at his March 23, 2010 deposition, more than seven (7) years ago. See Deposition Transcript at pages 42 and 118. [REDACTED]'s adv. Epstein\ Case No. 502009CA040800XXXXMBAG\ Response in Opposition to Epstein's Supplemental\ Motion for Continuance of Trial **Conclusion** For the foregoing reasons, Counter-Plaintiff respectfully requests that this Court deny Epstein's Motion for Continuance of Trial and Supplement thereto and allow this eight (8) year old case to finally proceed to trial. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 14th day of Nov., 2017. ![](<>)JACK SCAROLA\ Florida Bar No.: 169440\ Attorney E-Mail(s): [jsx@searcylaw.com](mailto:jsx@searcylaw.com); and\ [mmccann@searcylaw.com](mailto:mmccann@searcylaw.com)\ Primary E-Mail: [scarolateam@searcylaw.com](mailto:scarolateam@searcylaw.com)\ Searcy Denney Scarola Barnhart & Shipley, P.A.\ 2139 Palm Beach Lakes Boulevard\ West Palm Beach, Florida 33409\ Phone: (561) 686-6300\ Fax: 561-383-9451\ Attorneys for [REDACTED] J. [REDACTED] [REDACTED]'s adv. Epstein\ Case No. 502009CA040800XXXXMBAG\ Response in Opposition to Epstein's Supplemental\ Motion for Continuance of Trial **COUNSEL LIST** Scott J. Link, Esq.\ Link & Rockenbach, P.A.\ [Scott@linkrocklaw.com](mailto:Scott@linkrocklaw.com)\ [Kara@linkrocklaw.com](mailto:Kara@linkrocklaw.com)\ 1555 Palm Beach Lakes Boulevard\ Suite 301\ West Palm Beach, FL 33401\ Phone: 561-727-3600\ Fax: 561-727-3601\ Attorneys for Jeffrey Epstein William Chester [REDACTED], 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 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 Nichole J. Segal, Esquire\ njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com\ Burlington & Rockenbach, P.A.\ 444 W Railroad Avenue, Suite 350\ West Palm Beach, FL 33401\ Phone: (561)-721-0400\ Attorneys for [REDACTED] J. [REDACTED] [REDACTED] J. [REDACTED], Esquire\ staff.efile@pathtojustice.com\ 425 N Andrews Avenue, Suite 2\ Fort Lauderdale, FL 33301 [REDACTED] adv. Epstein\ Case No. 502009CA040800XXXXMBAG\ Response in Opposition to Epstein's Supplemental\ Motion for Continuance of Trial Phone: (954)-524-2820\ Fax: (954)-524-2822 Fred Haddad, Esquire\ Dee@FredHaddadLaw.com; Fred@FredHaddadLaw.com\ 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 Tonja Haddad Coleman, Esquire\ tonja@tonjahaddad.com; efiling@tonjahaddad.com\ 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 # EXHIBIT A HISTORY OF EPSTEIN'S DEPOSITION CONDUCT | | | | TAKEN | | ----------------- | ---------------------------------------------- | ------------------------------------ | ----------------- | | DATE OF NOTICE | WITNESS(ES) | DATE DEPO SCHEDULED | | | 4/5/10 | Scott Rothstein (do Marc S. Murkin, Esq.) | 4/15/10 | | | 4/6/10 | Michael Fisten & Richard Fandry | 4/19/10 | | | 4/16/10 | Herbert Stettin, Trustee in Bankruptcy for | | | | | Rothstein Rosenfeldt Adler, PA | 5/19/10 | Cancelled 1/19/11 | | 12/6/10 | Gary | (corrected) (Apparently misdated and | | | | should be 1/6/11) | 1/26/11 1/19/11 | Cancelled 1/24/11 | | 12/16/10 | Mike Fisten | | | | 12/16/10 | Adler | 1/20/1 I | Cancelled 1/19/11 | | 12/16/10 | Ken Jenne | y25/11 | Cancelled 1/21/11 | | 12/16/10 | Scott Rothstein | -/ ,. ' \`'(/21/11 | | | 12/16/10 | Gary | 1/26/11 | Cancelled 1/24/II | | 12/16/10 | Debra | 1/27/11 | Cancelled 1/24/11 | | 12/16/10 | A.J. Discala | | | | | | 1/28/11 LS | YES (on 5/25/11) | | 12/16/10 | Thane Richie | N--- | | | | | 1/31/11 | Cancelled 1/28/11 | | 12/16/10 | Michael Legam | 2/1/11 | Cancelled | | 12/16/10 12/16/10 | Kretschmar | 2/4/11 | YES (on 2/11/11) | | 1/4/11 | Herbert Stettptistee for Bankruptcy for RRA | 1/20/11 | Cancelled 1/19/11 | | 1/6/11 | Mike Fisten (corrected) | 1/19/11 | | | 1/6/11 | Adler (corrected) | 1/20/11 | Cancelled 1/19/11 | | 1/6/11 | Herbert Stettin, Trustee in Bankruptcy for RRA | 1/20/11 | Cancelled | | 1/6/11 | Scott Rothstein (corrected) | 1/21/11 | YES 6/14/12 | | 1/6/11 | Ken Jenne (corrected) | 1/25/11 | Cancelled 1/21/11 | | 1/6/11 | Debra (corrected) | 1/27/11 | Cancelled 1/24/11 | | 1/11/11 | Kretschmaallotice) | 2/11/11 | YES | | 1/19/11 | Cancellation of.. | Adler 1/20/11 | Cancelled | | 1/19/11 | Cancellation of Herb Stettin | | Cancelled | | 1 /21 /1 1 | Cancellation of Ken Jenne | 1/25/11 | Cancelled | | ---------- | ------------------------------------------------- | ------------------------------- | --------- | | 1/24/11 | Cancellation of Debr | 1/27/11 | Cancelled | | 1/24/11 | Cancellation of Gary | 1/26/11 | Cancelled | | 1/28/11 | Cancellation of Michael Legamaro | 2/1/11 | Cancelled | | 1/28/11 | Cancellation of Thane Ritchie | 1/31/11 | Cancelled | | 2/2/11 | A.J. Discala | 2/22/11 | YES (on | | 2/8/11 | Tane Ritchie | 2/22/11 | Cancelled | | 2/23/11 | A.J. Discala (Re-Notice) | 2/23/11 | YES (on | | 2/23/11 | Michael Legamaro | 3/11/11 | YES | | 3/4/11 | R/C Herbert Stettin, Trustee in Bankruptcy for | | | | 3/8/11 | A.J. Discala (Re-Notice) | 3/10711 | YES (on | | 4/6/11 | Adler | 4/20/11 | YES | | 4/7/11 | AJ Discala (Re-Notice) | 5/12/11 | YES (on | | 4/13/11 | Al Discala Re-Notice | 5/25/11 | YES | | 5/16/11 | Cara | 6/10/11 | Cancelled | | 6/6/11 | Cara Re-Notice | 6/21/11 | Cancelled | | 6/6/11 | Cancellation of Cara | 6/10/11 | Cancelled | | 10/24/12 | | 11/13/12 | YES | | 4/5/13 | | 5/15/13 | YES | | 4/23/13 | (Amended) | 5/15/13 | YES | | 8/6/13 | I I | 10/10/13 | YES | | 8/2/17 | Attorney Coleman requested deposition dates for 4 | | | | 8/2/17 | Mr. | ' attorney responded with dates | | | 8/3/17 | Ms. Coleman asked Mr. | to confirm that | | | 8/3/17 | Mr. | confirmed that he would accept | | | 8/9/17 | Mr. | . Coleman specify | | | 8/9/17 | Ms. Coleman selected 7 dates between Oct. 10 and | | | -------- | ------------------------------------------------ | ------------------------------------ | | 8/14/17 | Mr. | counsel provided 3 dates 10/5, 10/11 | | 8/14/17 | Ms. Coleman instructed Mr. | counsel to | | 8/16/17 | Mr. | confirmed that he would make his | | 8/29/17 | | 9/12/17 YES | | 8/29/17 | I | 11/10/17 YES | | 8/31/17 | Re-Notic' | 10/12/17 YES | | | | unilaterially C ll?ci | | 10/12/17 | EW (in prison) | YES | Epstein's counsel noticed 9/26/17, they unilaterally cancelled V. 10/11/17 and never set anyone for'l date EW was deposed. I 10/5/17 and EW (in prison) for 10/12. On berts' deposition. Epstein's counsel never used The only date they made use of was 10/12/17, the No / other depositioits were attempted to be set until a request was made on 11/3/17 to depose Dr. Jarnei Jansen and a request was made on 11/3/17 to depose 8 attorneys.