EFTA00610183.pdf

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXX MB AG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant(s). / PROCEEDINGS HELD BEFORE JUDGE DONALD HAFELE PLAINTIFF'S MOTION TO SET CASE FOR TRIAL HELD: Tuesday, June 6, 2017 Palm Beach County Courthouse West Palm Beach, Florida 8:45 a.m. - 9:21 a.m. Palm Beach Reporting Service, Inc. EFTA00610183 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: ON BEHALF OF THE PLAINTIFF(S): SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. By: JACK SCAROLA, ESQUIRE ON BEHALF OF THE DEFENDANT(S): TiN A HADDAD P A By: TONYA HADDAD COLEMAN, ESQUIRE Palm Beach Reporting Service, Inc. EFTA00610184 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS - - - MR. SCAROLA: Good morning. Your Honor, I first call the Court's attention to the objection to this hearing that was filed by -- THE COURT: Right. I read that, and I'm not terribly comfortable with going forward. The only thing is -- what I don't have a problem with discussing is the fact that I'm not certain why you're here. In other words, have you filed a notice to set the case for trial and has there been some delay in not getting it set? MR. SCAROLA: No, sir. At the time that this case was continued at the request of Mr. Epstein it was because your Honor was awaiting appellate proceedings in the Supreme Court. We had requested the case, since it was not formally stayed, that the case be placed on a trial calendar. Your Honor entered an order, and a copy of that order is in the package that I left for your Honor. Your Honor entered an order reflecting that upon resolution of the Supreme Court proceedings, this matter would be set. And your Honor commented at that time that you would attempt to give us a trail setting within 60 days because this is one of Palm Beach Reporting Service, Inc. EFTA00610185 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those very old cases. Your Honor will note that it's a 2009 case. We have been attempting to get this matter to trial for a long time. THE COURT: Okay. Well, I'm not what I'm going to do is this: I'm going to ask you to speak with counter-defendant's counsel and prepare a discovery schedule and any kind of anticipated motion schedule and the times and dates that you think are appropriate, which should filter down to a trial date. Absent agreement in that regard, I'll invite you to come back at an 8:45 when both sides are available so that I can then hopefully flesh out any type of disagreements, and we will come to some type of trial date that will be satisfactory to the parties and to the Court. I'll be the one to make the ultimate decision as to when it's going to be tried based upon what I'm going to hear from the respective parties if you all cannot work out a discovery and motion schedule, as I have suggested, or as I'm going to order. I don't want to hear anything substantive now in light of Miss Haddad's absence. There's nobody else here for Mr. Epstein Palm Beach Reporting Service, Inc. EFTA00610186 5 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 today? MR. SCAROLA: I would only note, your Honor, as is reflected on the Certificate of Service, in my communications with Miss Haddad I mentioned four law firms representing Mr. Epstein. There are in fact five law firms representing Mr. Epstein. Your Honor may recall that there have repeatedly been other lawyers that have appeared and substantively argued matters before this Court, and the last time the issue with regard to scheduling arose, Mr. Haddad was represented to be lead counsel in this case and the objection was raised that because he had trial conflicts, this matter could not be set on the basis of his trial conflicts. So I've had a great deal of difficulty being able to coordinate with opposing counsel when there are five lawyers on the other side and a matter such as this, respectfully, could have and should have been handled by any one of those other five law firms. So that's the reason -- THE COURT: I understand your position. And as I said, I am very conscious of not only the issues that you have raised, but also wanting to make sure that everyone receives due process. And my understanding is that you're out from the 9th to Palm Beach Reporting Service, Inc. EFTA00610187 6 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the 23rd -- MR. SCAROLA: I'll have somebody else cover for me, sir. I don't want this matter delayed being set for trial. Mr. Edwards is co-counsel with me in this matter, and he will be here if I'm not available. I have offered those alternatives to the other side, and I am just not getting cooperation. Our position is this case is ready for trial. It was ready previously, it's ready now. I respectfully suggest we don't need a schedule. What we need is a trial date. THE COURT: Okay. MR. SCAROLA: But I'll certainly follow your Honor's direction. I will contact opposing counsel. I'll attempt to put something together. But until we have a target to shoot for, it's going to be very difficult to put together an order that is going to be agreeable to both sides. THE COURT: All right. As I said, I don't want to get into anything beyond mere scheduling at this time because I do want to respect the fact that no one is here representing Mr. Epstein, and Miss Haddad did indicate that she was starting trial this morning until, I believe it's the 9th, Palm Beach Reporting Service, Inc. EFTA00610188 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and then after that there was some time that you're not going to be here, and then I'm out the following week. So we'll do what we can. I'll do the best I can to try to cobble something together and get it out to you as soon as I can. MR. SCAROLA: So -- I just want to make sure I understand then. I'm relieved of the responsibility of trying to set a schedule? Your Honor is going to -- THE COURT: I'm going to enter an order in that regard. As I said, I'm trying to comport as best I can with my ethical obligations to discuss only issues of scheduling here. MR. SCAROLA: I understand, sir. Thank you very much, your Honor. THE COURT: Okay. Thank you again. (Thereupon at 9:21 a.m., the hearing was concluded.) Palm Beach Reporting Service, Inc. EFTA00610189 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE THE STATE OF FLORIDA, COUNTY OF PALM BEACH. I, Elaine V. Williams, Registered Professional Reporter, State of Florida at large, do hereby certify that I was authorized to and did report the above hearing at the time and place herein stated, and that it is a true and correct transcription of my stenotype notes taken during said hearing. I further certify that I am not attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the certifying reporter. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 2017. Elaine V. Williams Notary Public in and for the State of Florida My Commission Expires 03/27/21 My Commission #GG 72248 Palm Beach Reporting Service, Inc. EFTA00610190