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:¶
- (
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- 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¶
- 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
- 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¶
- 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.¶
- 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¶
- 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; and
mmccann@searcylaw.com
Primary E-Mail: 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
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.¶