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Case 9:08-cv-801 19-KAM Document 305-3 Entered on FLSD Docket 09/17/2009 Page 5of11 Case 9:08-cv-80119-KAM Document 296 Entered on FLSD Docket 09/11/2009 Page 5 of 33 Page 5 ake The Court: Okay. But again, you’re in agreement with everyone else so far that’s spoken on behalf of a plaintiff that defending the case in the normal course of conducting discovery and filing motions would not be a breach? (Ex. “A,” p.30). : Mr. Horowitz — counsel for Jane Does 2-7: Subject to your rulings, of course, yes. (Ex. “A,” p.30). ake The Court: But you're not taking the position that other than possibly doing something in litigation which is any other discovery, motion practice, investigations that someone would ordinarily do in the course of defending a civil case would constitute a violation of the agreement? (Ex. “A,” p.34). Ms. Villafana: No, your honor. I mean, civil litigation is civil litigation, and being able to take discovery is part of what civil litigation is all about... But... , Mr. Epstein is entitled to take the deposition of a Plaintiff and to subpoena records, etc. (Ex. “A,” p.34) 42. It is clear from the transcript attached as Exhibit “4” that each of the Plaintiffs’ attomeys, including Mr. Horowitz for Jane Does 2-8, expected and conceded that regular/traditional discovery would take place (i.c., discovery, motion practice, depositions, requests for records, and investigations). 43. Importantly, Plaintiffs’ counsel advised the undersigned that they coordinate their efforts in joint conference calls at least two times per month. At recent depositions of two witnesses, Alfredo Rodriguez and Juan Alessi, five different plaintiffs’ attorneys questioned the witnesses for approximately six to eight hours, often repeating the same or similar questions that had previously been asked. 14. — Clearly, the Plaintiffs’ counsel wish to control discovery and how the Defendant is allowed to obtain information to defend these cases. However, the court has ruled on a number of these issues as follows: A. Plaintiffs’ counsels sought to preclude the Defendant from serving third party subpoenas and allowing only Plaintiffs’ counsel to obtain 03956-10998