EFTA00622640.pdf

1 IN THE CIRCUIT COURT W THE FITMENT/I JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case Pa. 502009CAO40B00/COM 1 4 THE COURT: Announce your appearances for the Court, MR. SCAROLA: Jack Scarola on behalf of Bradley Edwards, Your Honor. 3 JEFFREY EPSTEIN, MR. BREWER: Chester Brewer on behalf Plaintiff, of Jeffrey Epstein. SCOTT ROTHSTEIN, individbally, BRADLEY SWARDS, individually, MS. HADDAD: Tonya Haddad on behalf of Jeffrey Epstein. Defendente/Covnter-Plaintlffe. I'm sorry. / 10 THE COURT: That's okay. You have a TRANSCRIPT OF PROCEEDINGS 11 little laryngitis? 12 MS. HADDAD: Yes. DATE TAKEN: Friday, September 15th, 2017 13 THE COURT: Not a problem. TINE: 9:51 a.m. - 9:56 a.m. MACE 205 N. Dixie Highway, Roca 10C 14 What I told you I would do is give you bum Pale Beach, Florida 25 a day. Has anything been filed since we BEFORE: Donald Betel*, Presiding Judge 26 last wore here? I know the acorn probably :7 interrupted -- Thie cause ewe on to be heard at the time and place aforesaid, when and where the follwin0 proceedings were 28 MR. SCAROLA: There have been some reported by: 29 filings, Your Honor. There aro notions to 20 compel responses to various discovery Sonja D. Sall 21 pleadings that wo have filed. There is a Palm Beach Reporting Service, Inc. 22 pending motion for summary judgment I have 1665 Pale Beach Lakes Boulevard, Suite 1001 West Pale Beech, FL 33401 29 drafted, but not yet filed. 24 HR. BREWER: Actually, you sent it. 25 MR. SCAROLA: Oh, did IT 2 4 1 MR. BREWER: Yeah. Mary got it out. 2 APPEARANCES: 2 The motion to strike. 1 For Plaintiff: , MR. SCAROLA: Okay. I filed the motion 4 SEARCY, DENNEY, SCAROLA, BARNHART I SHIPLEY, P.A. 4 to strike and notion for summary judgment 5 2139 Palm Beach Lakes Boulevard 5 for failing to include with sufficient West Palm Beach, FL 33409 , specificity the basis of the motion for 6 By JACK SCAROLA, ESQUIRE summary judgment. / For Jeffrey Epstein: e There Is also a motion directed to 8 K. CHESTER BREWER, JR., P.A. 250 S. Australian Avenue, Suite 33401 striking the affidavit of Mr. Epstein filed 9 West Palm Beach, FL 33401 :o in support of the motion. By W. CHESTER BREWER, JR., P.A., ESQUIRE 21 THE COURT: You had mentioned that to 10 22 me. 11 For Jeffrey EpeteLn: 12 TONJA HADDAD, P.A. 19 MR. SCAROLA: Yes, sir. 315 S.E. 7th Street, Suite 301 14 And, obviously, our response to the 13 Fort Lauderdale, FL 33301 15 motion for sumnary judgment, as wall, which By TONJA HADDAD COLEMAN, ESQUIRE 16 Includes a variety of legal issues. 14 15 17 THE COURT: Can you be ready by 16 IS Tuesday, October 3rd? It sounds like it's 17 19 far, far away, but it's 18 days. 18 20 MR. BREWER: Right. Your Honor, wo 19 20 21 have been a little bit hampered. We 21 22 intended this week -- we were not able to. 22 23 No flied the motions in limine, as you 23 24 mentioned In our last mooting. 24 25 25 THE COURT: I anticipated there will be Palm Beach Reporting Service, Inc. EFTA00622640 2 6 7 0 9 10 11 12 13 14 15 It. 27 18 19 20 21 22 22 14 25 5 motions in /Amine in this case, correct. HR. BREWER: We have filed them in the past. They need to be updated and rattled, which we intend to, hopefully, this coming week. THE COURT: Nr. Searola, your thoughts on the 3rd of October. HR. SCAROLA: Your Honor, I have a special setting in a medical malpractice case to begin October 3rd to October 13th. However, I have just received a notice of conflict from defense counsel, who is supposed to start a conflicting trial in another jurisdiction prior to that special setting, so -- THE COURT: Is that here in Palm Beach or somewhere else? MR. SCAROLA: It is somewhere else. My trial is St. Luci0 County. His trial is in a different jurisdiction. THE COURT: No, no, I didn't want to get that specific. I just wanted to know if that medical malpractice case was in Palm Beach County. HR. SCAROLA: I will also tell you 1 2 3 10 11 12 13 14 35 26 37 28 29 10 21 22 22 24 25 7 the fishery council. HR. SCAROLA: Well, that's just the filling deadline, isn't it? THE COURT: That would be the filling deadline. HR. BREWER: I'm sorry. I'm sorry. I thought you were talking about -- THE COURT: Ho, no, no. What I'm trying to do is figure out in my own mind -- albeit somewhat clouded -- to give you a -- essentially a briefing deadline schedule -- motion deadline schedule that would contemplate we are here on the 15th -- it will give you until the 25th to have whatever motion you want filed so that everything could be heard starting at 10:00 on the 3rd of October, okay? So that's what I am going to do. So all pending motions 10 a.m. -- now, p don't hamstring mo. If you wouldn't mind, I would like everything here no later than the 2?th of September. I can live with the 28th. Me will make It the 28th. It's a Thursday. It gives me that whole weekend to deal with it. Okay? 6 there's a mediation set in the Medical malpractice case, so there's a possibility that that case is not going to go, in which case, I would very much like the October 3rd date. THE COURT: Will either of you be 8 HR. SCAROLA: Just one clarification, Your Honor. THE COURT: Sure. HR. SCAROLA: If the filing deadline for motions is September 25, is what Your Honor proposing a filing deadline of 7 hamstrung in terms of giving you that date? September 28th for responses to any motions 8 HR. SCAROLA: No, sir. In terms of filed by the 25th. 9 timing? THE COURT: Correct. It's the same 20 THE COURT: Yes, sir. :0 rule that I gave to others, and that is, a 21 HR. SCAROLA: No. Me have all of our Il motion in response. Nothing further, unless 22 pleadings ready. 22 it's requested by the Court, okay? 39 THE COURT: If you can have the motions 29 Thank you very much. Nice to see you. 34 in //mine done by next Friday, I think that 24 Have a good weekend. I appreciate your 35 gives plenty of time -- or even Monday, the 25 cooperation on both sides. 16 25th. 16 MR. SCAROLA: Thank you. 17 Mr. Scorpio has his group of attorneys, 17 MR. BREWER: Thank you, Your Honor. 10 you have your group of attorneys, so it's 10 19 not like I'm dealing with a singular 19 IThe above proceedings were 20 attorney on either side, who would be 20 concluded at 9:56 a.m.) 21 overburdened. 21 22 MR. BREWER: Your Honor, on 22 23 September 25th I am -- I have just been 23 24 notified I have to be present at a -- I'm a 24 25 representative for the State of Florida on 25 Palm Beach Reporting Service, Inc. EFTA00622641 1 2 3 9 COURT CERTIFICATE a STATE OF FLORIDA ) : 33 3 i COUNTY OF PALM BEACH ) I I. SONJA D. HALL, certify that : '..az a authorized to and did stenographically report the $ foregoing proceeding. and that the transcript Is a 10 true record of ny stenographic note.. II 12 13 Dated this 15th day of &wencher 2027. II 15 14 SONJA D. HALL I/ 10 If 20 21 22 23 20 23 Palm Beach Reporting Service, Inc. EFTA00622642 10 A a.m 1:14,14 7:19 8:20 able 4:22 affidavit 4:9 aforesaid 1:19 albeit 7:10 Announce 3:1 anticipated 4:25 appearances 2:2 3:1 appreciate 8:14 attorney 6:20 attorneys 6:17,18 Australian 2:8 authorized 9:8 Avenue 2:8 B BARNHART 2:4 basis 4:6 Beach 1:2,15,21,22 1:22 2:5,5,9 5:16 5:24 9:5 behalf 3:3,5,7 bit 4:21 Boulevard 1:222:5 Bradley 1:8 3:4 Brewer 2:8,9 3:5.5 3:24 4:1,20 5:2 6:22 7:6 8:17 briefing 7:11 C case 1:3 5:1,10,23 6:2,3,4 cause 1:18 CERTIFICATE 9:1 certify 9:7 Chester 2:8,9 3:5 CIRCUIT 1:1,1 clarification 8:1 clouded 7:10 COLEMAN 2:13 coming 5:4 compel 3:20 concluded 8:20 conflict 5:12 conflicting 5:13 contemplate 7:13 cooperation 8:15 correct 5:1 8:9 council 7:1 counsel 5:12 County 1:2 5:19,24 9:5 Court 1:1 3:1,2,10 3:13 4:11,17,25 5:6,16,21 6:6,10 6:13 7:4,8 8:3,9 8:12 9:1 D D 1:21 9:7,16 date 1:14 6:5,7 Dated 9:13 day 3:15 9:13 days 4:19 deadline 7:3,5,11.12 8:4.6 deal 7:25 dealing 6:19 Defendants/Coun... 1:9 defense 5:12 DENNEY 2:4 different 5:20 directed 4:8 discovery 3:20 Dixie 1:15 Donald 1:16 drafted 3:23 E Edwards 1:8 3:4 either 6:6,20 Epstein 1:5 2:7,11 3:6,8 4:9 ESQUIRE 2:6,9,13 essentially 7:11 F failing 4:5 far 4:19,19 FIFTEENTH 1:1 figure 7:9 filed 3:15,21,23 4:3 4:9,23 5:2 7:15 8:8 filing 8:4,6 filings 3:19 filling 7:3,4 fishery 7:1 FL 1:22 2:5,9,13 Florida 1:2,15 6:25 9:4 following 1:19 foregoing 9:9 Fort 2:13 Friday 1:14 6:14 further 8:11 give 3:14 7:10,14 gives 6:15 7:24 giving 6:7 go 6:3 going 6:3 7:18 good 8:14 group 6:17,18 H Haddad 2:12,13 3:7 3:7,12 Hafele 1:16 Hall 1:21 9:7,16 hampered 4:21 hamstring 7:20 hamstrung 6:7 heard 1:18 7:16 Highway 1.15 Honor 3:4,19 4:20 5:8 6:22 8:2,6,17 hopefully 5:4 I include 4:5 includes 4:16 individually 1:8,8 intend 5:4 intended 4:22 interrupted 3:17 issues 4:16 J Jack 2:6 3:3 Jeffrey 1:5 2:7,11 3:6.8 JR 2:8,9 Judge 1:16 judgment 3:22 4:4 4:7.15 JUDICIAL 1:1 jurisdiction 5:14.20 K know 3:16 5:22 L Lakes 1:22 2:5 laryngitis 3:11 Lauderdale 2:13 legal 4:16 limine 4:23 5:1 6:14 little 3:114:21 live 7:22 Luck 5:19 M malpractice 5:9,23 6:2 Nlary 4:1 mediation 6:1 medical 5:9,23 6:1 meeting 4:24 mentioned 4:11.24 mind 7:9,20 Monday 6:15 motion 3:22 4:2,3,4 4:6,8,10,15 7:12 7:15 8:11 motions 3:19 4:23 5:1 6:13 7:19 8:5 8:7 N N 1:15 need 5:3 Nice 8:13 notes 9:10 notice 5:11 notified 6:24 O obviously 4:14 October 4:18 5:7,10 5:10 6:4 7:17 Oh 3:25 okay 3:10 4:3 7:17 7:25 8:12 overburdened 6:21 P P.A 2:4,8,9,12 Palm 1:2,15,21,22 1:22 2:5,5,9 5:16 5:23 9:5 pending 3:22 7:19 place 1:15,18 Plaintiff 1:62:3 pleadings 3:21 6:12 please 3:2 7:19 plenty 6:15 possibility 6:2 present 6:24 Presiding 1:16 prior 5:14 probably 3:16 problem 3:13 proceedings 1:12,19 8:19 9:9 proposing 8:6 0 R ready 4:17 6:12 received 5:11 record 9:10 refded 5:3 report 9:8 reported 1:19 Reporting 1:21 representative 6:25 requested 8:12 response 4:14 8:11 responses 3:20 8:7 Right 4:20 Room 1:15 ROTHSTEIN 1:8 rule 8:10 S S 2:8 S.E 2:12 Scarola 2:4,6 3:3,3 3:18,25 4:3,13 5:6 5:8,18,25 6:8,11 6:17 7:2 8:1,4,16 schedule 7:11,12 SCOTT 1:8 SEARCY 2:4 see 8:13 sent 3:24 September 1:14 6:23 7:22 8:5,7 9:13 Service 1:21 set 6:1 setting 5:9,15 SHIPLEY 2:4 side 6:20 sides 8:15 singular 6:19 sir 4:13 6:8,10 somewhat 7:10 Sonja 1.21 9:7,16 sorry 3:9 7:6,6 sounds 4:18 special 5:9,14 specific 5:22 specificity 4:6 SS 9:4 St 5:19 start 5:13 starting 7:16 State 6:25 9:4 stenographic 9:10 stenographically 9:8 storm 3:16 Street 2:12 strike 4:2.4 striking 4:9 sufficient 4:5 Suite 1:22 2:8,12 summary 3:224:4,7 4:15 support 4:10 supposed 5:13 Sure 8:3 T TAKEN 1:14 Palm Beach Reporting Service, Inc. EFTA00622643 talking 7:7 tell 5:25 terms 6:7,8 Thank 8:13,16,17 think 6:14 thought 7:7 thoughts 5:6 Thursday 7:24 time 1:14,18 6:15 timing 6:9 told 3:14 TONJA 2:12,13 Tonya 3:7 transcript 1.129:9 trial 5:13,19,20 true 9:10 trying 7:9 Tuesday 4:18 U updated 5:3 V variety 4:16 various 3:20 vs 1:7 W 2:8,9 want 5:21 7:15 wanted 5:22 week 4:22 5:5 weekend 7:24 8:14 West 1:15,22 2:5,9 wouldn't 7:20 X Y Yeah 4:1 0 1 10 7:19 10:00 7:16 1001 1:22 IOC 1:15 13th 5:10 15th 1:14 7:13 9:13 1665 1:22 18 4:19 2 20171:14 9:13 205 1:15 2139 2:5 25 8:5 250 2:8 25th 6:16,23 7:14 8:8 27th 7:22 28th 7:23,23 8:7 3 3012:12 315 2:12 33301 2:13 33401 1:22 2:8,9 33409 2:5 3rd 4:18 5:7,10 6:4 7:17 4 471-2995 1:23 5 502009C4040800... 1:3 561 1:23 6 7 7th 2:12 8 9 9:51 1:14 9:561:14 8:20 Palm Beach Reporting Service, Inc. EFTA00622644