EFTA00587139.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, Defendant/Counter-Plaintiff. CASE NO.: 50 2009 CA 040800XXXXMBAG JUDGE: HAFELE PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S RESPONSES TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY EDWARDS'S FACT WITNESS INTERROGATORIES Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby files his responses to Defendant/Counter-Plaintiff Bradley Edward's ("Edwards") Fact Witness Interrogatories to Jeffrey Epstein as follows: Edwards's Fact Witness Interrogatories, rather than listing sub-parts, commence as follows: "As to every individual identified on Jeffrey Epstein's List of Trial Witnesses, state the following:" See Fact Witness Interrogatories served upon Epstein on October 18, 2016, attached hereto as "Exhibit A," and rewritten below (emphasis added). 1. Each contested factual issue expected to be addressed by the witness; ANSWER: OBJECTION, THIS INTERROGATORY IS IMPROPER, AS INTERROGATORIES ARE LIMITED TO THIRTY (30) QUESTIONS, INCLUDING SUBPARTS, AS DELINEATED IN RULE 1.340(a) OF THE FLORIDA RULES OF CIVIL PROCEDURE. EDWARDS EXCEEDED THAT AMOUNT LONG BEFORE SERVING THIS DISCOVERY REQUEST. MOREOVER, THE LAW IS CLEAR THAT AN ATTORNEY MUST OBTAIN PERMISSION FROM THE COURT, VIA MOTION, EFTA00587139 HEARING, AND ORDER, TO PROPOUND IN EXCESS OF THE THIRTY INTERROGATORIES TO WHICH HE IS ENTITLED. IN FACT, ON SEPTEMBER 1, 2016, THE FLORIDA SUPREME COURT ENTERED AN ORDER AMENDING RULE 1.340 OF THE FLORIDA RULES OF CIVIL PROCEDURE IN WHICH IT STATES THAT "THE INTERROGATORIES MUST NOT EXCEED 30, INCLUDING ALL SUBPARTS, UNLESS THE COURT PERMITS A LARGER NUMBER ON MOTION AND NOTICE AND FOR GOOD CAUSE." 2016 FLORIDA COURT ORDER 0039 (C.O. 0039) (SEPT. 1, 2016). FURTHERMORE, EPSTEIN'S LIST OF TRIAL WITNESSES CONTAINS SEVENTY-FOUR (74) WITNESSES. AS SUCH, WHILE EDWARDS DOES NOT SPECIFY ANY SUBPARTS TO HIS REQUEST, HE IS SEEKING THIS DETAILED INFORMATION REGARDING SEVENTY-FOUR WITNESSES; WITNESSES ABOUT WHOM HE AS BEEN AWARE SINCE AT LEAST 2013 WHEN EPSTEIN FILED HIS FIRST WITNESS LIST. CONSEQUENTLY, IN ADDITION TO HIS OBJECTION AS TO THE VIOLATION OF THE APPLICABLE RULE, EPSTEIN ALSO OBJECTS TO THIS INTERROGATORY ON THE GROUNDS THAT RESPONDING TO THIS INTERROGATORY WOULD BE OPPRESSIVE AND UNDULY BURDENSOME. SEE SLATNICK V. LEADERSHIP HOUSING SYSTEMS OF FLORIDA, INC., 368 So. 2d 78 (Fla. 4th DCA 1979) (STATING IN RESPONSE TO ONE INTERROGATORY THAT "THIS QUESTION ALONE, RELATIVE TO 18 CONDOMINIUM BUILDINGS, MIGHT TAKE A WEEK TO ANSWER. IT IS DIFFICULT TO IMAGINE HOW THE AUTHOR OF THESE PARTICULAR INTERROGATORIES COULD HAVE POSSIBLY CONJURED UP A MORE OPPRESSIVE AND BURDENSOME COLLECTION."); GREYHOUND LINES, INC. V. JACKSON, 445 So. 2d 1107 (Fla. 4th DCA 1984). TO AVOID UNDULY BURDENSOME, ANNOYING AND HARASSING DISCOVERY, PARTIES MUST BE REQUIRED TO EMPLOY ITIHE LEAST BURDENSOME ROUTE OF DISCOVERY." SYKEN V. ELKINS, 644 So. 2d 539 (Fla. 3d DCA 1994). IN THE INSTANT CASE, THE FACT WITNESS INTERROGATORIES ARE NOT THE LEAST BURDENSOME ROUTE. 2. A detailed description of the testimony expected to be presented at trial by the witness as to each contested factual issue; EFTA00587140 3. A description of the Trial Exhibit List number of each exhibit expected to be introduced into evidence by the witness; ANSWER: 4. A description of the Trial Exhibit List number of each exhibit introduced through other means which the witness is expected to testify about, together with a description of the witness' expected testimony regarding each exhibit; ANSWER: EFTA00587141 WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all parties listed below, via Electronic Service, this November 2016. /s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OF TONIA HADDAD, PA 315 SE 7'h Street Suite 301 Fort Lauderdale, Florida 33301 (facsimile) EFTA00587142 SERVICE LIST CASE NO. 502009CA040800XXXXMBAG Jack Scarola, Es . Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Bradley J. Edwards, Esq. Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 Fred Haddad, Es . 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 Ton'a Haddad Coleman, E uire Law Offices of Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Attorneys for Jeffrey Epstein W. Chester Brewer, Jr. One Clearlake Center Suite 1400 250 Australian Avenue South West Palm Beach, Florida 33401 EFTA00587143