EFTA01103285

IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028058XXXXMB AB E.W., Plaintiff, v. JEFFREY EPSTEIN, Defendant. EPSTEIN'S MOTION TO COMPEL DEPOSITION OF EW AND FOR SANCTIONS Defendant, JEFFREY EPSTEIN ("Epstein"), moves for an order compelling Plaintiff, E.W. ("EW"), to appear for deposition, moves for sanctions, and states: 1. EW's deposition was originally set for deposition on September 11, 2009 (Notice attached as Exhibit A). Epstein agreed to re-set her deposition to November 5 and 6, 2010 (Notice attached as Exhibit B) since her counsel, Brad Edwards, was scheduled for surgery on or around September 11, 2009. 2. The November 5 and 6, 2010 depositions were unilaterally cancelled by EW's counsel because of the implosion of the Rothstein, Rosenfeldt & Adler firm. See November 2, 2009 e-mail from Jacquie Johnson attached as Exhibit C. 3. On March 9, 2010, Epstein again served a Notice of Taking Video Deposition of EW to occur on April 2, 2010 (Notice attached as Exhibit D). On all occasions, the deposition dates were coordinated and confirmed with opposing counsel. 4. Despite assurances from her counsel on April 1, 2010 that she would be attending, EW failed to appear for her deposition on April 2, 2010 (Certificate of Non￾Appearance attached as Exhibit E). EFTA01103285 5. Brad Edwards, counsel for EW, explained on the record that he arranged to pick EW up for her deposition at a pre-arranged location the morning of April 2, 2010. See Exhibit D at 3-4. However, when Mr. Edwards arrived at said location EW was not there. Id. 6. Mr. Edwards attempted to contact EW "on many occasions this morning by way of cellphone, and there is no, there has been no answer on the cellphone." Id. at 4. Mr. Edwards also called a home phone number to no avail. Id. 7. Mr. Edwards apparently learned, through an unidentified "friend" of EW, that she had to attend to a health issue related to her mother. Id. at 4-5. Yet EW made no attempt to contact Mr. Edwards and advise of any health issue; instead she again ignored her deposition notice and failed to appear. 8. In addition to being a plaintiff in the instant case, EW is also an important witness in related federal companion cases, which are subject to fast approaching discovery deadlines. Specifically, the discovery cutoff in Jane Doe v. Epstein, Case No. 08-80893-CV-MARRA/JOHNSON was recently extended to April 16, 2010. See DE #473. EW is an important witness in the foregoing case as she was a close friend of Jane Doe and possesses relevant information necessary for Epstein to defend the case. The Court should therefore compel her attendance at deposition on or before April 16, 2010 (although Mr. Edwards has agreed to extend the discovery deadline and provide another date when EW "may" actually appear). 9. Because of the importance of obtaining EW's testimony in the related federal matters, Epstein also requests the Court order that if EW fails to appear for deposition on or before April 16, 2010 (or an agreed date with her attorney who is also 2 EFTA01103286 the attorney in the Jane Doe case referenced herein) that an order to show cause be issued and a show cause hearing set. A proposed order is attached as Exhibit F. 10. Moreover, EW's callous disregard for the Florida Rules of Civil Procedure has caused Epstein to incur unnecessary attorney's fees by virtue of the undersigned preparing for and attending the deposition. Epstein has also incurred unnecessary court reporter and videographer costs, totaling $710.00 (invoices attached as composite Exhibit 6). 11. Rule 1.380(d), Florida Rules of Civil Procedure, provides in pertinent part: If a party ... fails (1) to appear before the officer who is to take the deposition after being served with a proper notice, ... the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. ... Instead of any order or in addition to it the court shall require the party failing to act to pay the reasonable expenses caused by the failure, which may include attorneys' fees.... (Emphasis added). 12. Epstein requests the Court require EW to pay Epstein's counsel's attorney's fees for attending her deposition on April 2, 2010, for preparing the instant motion and attending hearing on same, and for the costs incurred due to her failure to attend the April 2, 2010 deposition.' Epstein also requests an award of attorney's fees for the time it will take to again prepare for EW's deposition, which will include the review of hundreds, if not thousands, of pages of documents. WHEREFORE, Defendant, JEFFREY EPSTEIN, requests the Court compel Plaintiff, E.W., to attend her deposition on or before April 16, 2010 (or date agreed to by If the Court grants Epstein's entitlement to attorney's fees, Epstein will supply the Court with an affidavit attesting to the fees incurred and which Epstein is claiming. 3 EFTA01103287 her counsel), provide for the issuance of an order to show cause in the event E.W. fails to appear on or before April 16, 2010 (or the agreed upon date), award Epstein attorney's fees and costs based on EW's failure to appear on April 2, 2010 and grant any additional relief the Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S. Mail to the following addressees on this 8th day of April, 2010: Brad Edwards, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL 424 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 - fax Counse or am Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Phone Fax Co-counsel or Plaintiff Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein BURMAN CRITTON LUTTIER & COLEMAN, LLP 303 Banyan Boulev Suite 400 st Palm Bea 3401 By: Robert D. C Florida Ba #224162 Michael J. Pike Florida Bar #617296 David A. Yarema Florida Bar #12492 4 EFTA01103288 IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. FLORIDA L.M., CASE NO. 502008CA028051/OOO{MB AD Plaintiff, v. JEFFREY EPSTEIN, Defendant. NOTICE OF TAKING VIDEO DEPOSITION To: See Service List below PLEASE TAKE NOTICE that the undersigned attorney will take the deposition via video of: DEPONENT EW do Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 PATE & TIME Friday September 11, 2009 10:00 a.m. LOCATION OF DEPOSITION Burman Critton Luther & Coleman, LLC 303 Banyan Boulevard Suite 400 West Palm Beach, FL 33401 upon oral examination, before Prose Court Reporting Agency. Inc., a Notary Public, or any other officer authorized by law to take depositions in the State of Florida. The oral examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes of Rules of Court. I HEREBY CERTIFY that a true copy of the foregoing has been furnished by electronic mail (e-mail) and U.S. Mail to the addresses listed on the below Service List this 91 th day of August, 2009. BURMAN, CRITTON, LUTHER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm Beach, FL 3340 5611842-2820 BY: ROBER . CRITTON, JR., ESQ. Florida ar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar. No. 617296 (Counsel for Defendant Jeffrey Epstein) Courtesy copy: Prose Court Reporting Agency, Inc. EXHIBIT k EFTA01103289 L.M. v. Epstein Page 2 L.M. v. Epstein Service List Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale FL 33301 Phone: Fax: Counse Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Phone Fax Co-counsel for Plaintiff Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: Co• ounse orDefendant Jeffrey Epstein EFTA01103290 1+O IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA E.W., CASE NO. 5020013CA028058,OOO(MB AD Plaintiff, v. JEFFREY EPSTEIN, Defendant. NOTICE OF TAKING VIDEO DEPOSITION To: See Service List below PLEASE TAKE NOTICE that the undersigned attorney will take the deposition via video of: DEPONENT E.W. do Brad Edwards, Esq. Rothstein Roseofeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 DATE & TIME Thursday, November 5, 2009 and Friday, November 6, 2009 beginning at 10:00 a.m. LOCATION OF DEPOSITION Prose Court Reporting 250 Australian Avenue S., Suite #1500 West Palm Beach, FL 33401 upon oral examination, before Prose Court Reporting Agency, Inc., a Notary Public, or any other officer authorized by law to take depositions in the State of Florida. The oral examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes of Rules of Court. I HEREBY CERTIFY that a true copy of the foregoing was sent by electronic mail (e-mail) and by US Mail to the addresses listed on the below Service List on this 20th day of October 2009. BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 303 Banyan Blvd., Suite 400 West Palm Beac FL 33401 By: obert D. Critton, Jr. Florida Bar #224162 Michael J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EXHIBITB EFTA01103291 E.W. v. Epstein Page 2 g.W. v. Epstein Service List Brad Edwards, Esq. Brad F,dwards and Associates, LLC 2028 Harrison Street Suite 202 Holl d FL 33020 hone ax Counsel for Plaintiff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesay Boulevard Suite 250 Jacksonville, FL 32211 hone Fax Co-counsel for Plaintiff Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach. FL 33401-5012 Faxes Co-Cotmsel for Defendant Jeffrey Epstein EFTA01103292 Page 1 of 1 Jessica Cadwell From: Jacquie Johnso Sent: Monday, November 02, 2009 12:14 PM To: Jessica Cadwell; Connie Zaguirre Subject: Deposition of EW Due to certain circumstances at RRA — we have no choic But to cancel the deposition of EW this week. Jacquie Johnson Legal Assistant to Brad Edwards, Esq. Partner Rothstein Rosenfeldt Adler 401 East Las Olas Blvd. Suite 1650 Fort Lauderdale FL 33301 Tele hone Fa EXHIBIT C 4/8/2010 EFTA01103293 IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA E.W., CASE NO. 502008CA028058XXVIMB AD Plaintiff, v. JEFFREY EPSTEIN, Defendant. NOTICE OF TAKING VIDEO DEPOSITION To: See Service List below PLEASE TAKE NOTICE that the undersigned attorney will take the deposition via video of: DEPONENT DATE & TIME LOCATION OF DEPOSITION E.W. April 2, 2010 at Prose Court Reporting do Brad Edwards, Esq. 9:00 a.m. 250 Australian Avenue S. Fanner, Jaffe, Weissing, Edwards, Suite #1500 Fistos & Lehrman, P.L. West Palm Beach, FL 33401 425 N. Andrews Avenue Suite #2 Fort Lauderdale, FL 33301 upon oral examination, before Prose Court Reporting Agency, Inc., a Notary Public, or any other officer authorized by law to take depositions in the State of Florida. The oral examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes of Rules of Court. I HEREBY CERTIFY that a true copy of the foregoing was sent by electronic mail (e-mail) and by US Mail to the addresses listed on the below Service List on this 9ib day of March. 2010. BURMAN, CRTITON, urrnER & COLEMAN, LLP 303 Banyan Blvd., Suite 400 West P , FL 3 01 11111Fax By: Robed D ritton, Jr. Florida #224162 Mic J. Pike Florida Bar #617296 (Counsel for Defendant Jeffrey Epstein) EXHIBIfp EFTA01103294 E.W. v. Epstein Page 2 E.W. v. Epstein Service List Brad Edwards, Esq. Fanner, Jaffe, Weissing, Edwards, Flstos & Lehrman, P.L. 425 N. Andrews Avenue Suite 2 Ft. Lauderdale, FL Phone Fax Counse or aitufff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 hone Wor ax Co-counse Plaintiff Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein EFTA01103295 Page 1 IN THE CIRCUIT COURT OF THE 15M JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028058200CXMII AD E.W., Plaintiff, JEFFREY EPSTEIN, Decadent. VIDEO-CONFERENCED VIDEOTAPED DEPOSITION OF E.W. Friday, April 2, 2010 9:20 • 9:22 a.m. 250 Australia Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FM Notary Public, State of Florida Prose Court Reporting JobNo. 1612 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 Page 3 PROCEEDINGS MR. CRITTON: All right. We're here for the deposition of E.W. which was duly noticed today for 9:O0. We continued with Mr. Edward's office yesterday that the deposition was on. He =Daunted they would be here at 9:00 for the deposition. He sent me some -- we had made a request for his Answers to Interrogatories which were due yesterday. They provided me their answers and objections to I think it was the fourth set of interrogatories. And I have been preparing for nine years -- no, certainly for a couple of days, but Mr. Edwards has just advised me she probably, Ms. E.W. will probably not be here today, but I will let him speak for himself. MR. EDWARDS: Sure. Just so the record is clear, I have had frequent and constant communication with E.W. over the last month. As recently as Wednesday she was in my office for the pre-deposition conference, met for several hours, was certainly intending on being here, communications with E.W. as late as 8:00 last night where we made arrangements for her Page 2 1 APPEARANCES: 2 On behalf of the Plaintiffs, LM., E.W. and Jane Doe: 3 BRADLEY J. EDWARDS, ESQUIRE 4 FARMER, JAFFE, WEISSING, EDWARDS FISTOS & LEHRMAN, P. L. 5 425 North Andrews Avenue Suite 2 6 Fort Lauderdale, Florida 33301 Phone: 954,524.2820 7 8 9 On behalf of the Defendant, Jeffrey Epstein: 10 ROBERT D. CRITTON, JR., ESQUIRE BURMAN, CIUTTON, LUTTEER & COLEMAN, LLP 11 303 Banyan Boulevard Suite 400 12 West Palm Beach, Florida 33401 Phone: 561.842.2820 13 14 ALSO PRESENT 15 Sascha Quiinby, Videographa 16 17 18 19 20 21 22 23 24 25 Page 4 1 to be at this deposition which included me 2 picking her up this morning. 3 I showed up to the location and she was 4 not, she was not there. The information that 5 has been relayed to me in the last hour is that 6 there was a health issue related to her mother 7 last night that she had to attend to. 8 I have attempted to contact E.W. on many 9 occasions this morning by way of cellphone, and 10 there is no, there has been no answer on the 11 cellphone. And I have also made attempts to 12 contact at another home phone where she has 13 stayed recently, and there was no answer at 14 that phone as well. 15 So, at this point in time all indications 16 are that she will not be here for her 17 deposition today. 18 MR. CRITTON: Just for clarification, 19 Brad, did you actually speak with someone? I 20 mean, I know you spoke with E.W. last night 21 She was going to come. And then have you, I 22 thought you said you spoke with someone to try 23 to locate her. 24 Do you want to disclose who that person 25 is? 1 (Pages 1 to 4) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hooking bfd075ea-b36a-4201-a365-853c87821878 EFTA01103296 Page 5 MR. EDWARDS: Not at this time I don't. 2 If the court wants me to disclose, I will, but 3 it is a friend of E.W.'s who spoke with her 4 later last night than the time when I spoke to 5 her. 6 MR. CRITTON: Okay. Did you get any 7 inclination at that time that there was any 8 problem with family or friends? 9 MR. EDWARDS: At the time that I spoke 10 with E.W.? 11 MR. CRITTON: No, with the other person. 12 MR. EDWARDS: That conversation happened 13 within the last hour this morning. 14 MR. CRITTON: Okay. All right. We'll 15 take a C.N.A., and I actually have been 16 preparing for this for a couple of days. 17 E.W. has a lot of information on her. She 18 is obviously a key witness. She is an 19 important witness in a number of cases 20 including the Jane Doe case which discovery 21 ends on the 16th and Mr. Edwards and I have 22 worked out some extensions on that. We may 23 have to work out some others to our mutual 24 benefit so we can complete the deposition or 25 attempt to take Ms. E.W.'s deposition. 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 Page 6 So, we'll take a C.N.A. and I will do what I need to do in court. Thank you. MR. EDWARDS: Agreed_ (The deposition was concluded.) 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Job #1612 Page 7 CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH I, Cynthia Hopkins, Registered Professional Reporter and Florida Professional Reporter, State of Florida at large, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 2nd day of April, 2010. 2 (Pages 5 to 7) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by synth's hopidnit t bfd0Thea-b36a-4201-a368853087821878 EFTA01103297 Page 1 IN THE CIRCUIT COURT OP THE 15TH JUDICIAL CIRCLET IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. S0200SCA02005820000.03 AD Plaintiff. JEFFREY EPSTEIN, Defendant. / CERTIFICATE OF NON-APPEARANCE I, Cynthia Hopkins, Registered Professional Reporter and Notary Public, State of Florida at Large, was duly designated to lake the deposition of the witness: E.W. I hereby certify that aforesaid witness did not appear beton me between 900 a.m. and 9:30 a.m. on the 2nd day of April, 2010. Present was Robed D. Critton, Jr., Esquire, and Bradley J. Edwards, Esquire. Dated this 2nd day of Mail, 2010. ttalHopkins, ".: AS Prose Court Reporting Agency. Inc, West Palm Beach, Florida 1. (Page 1) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins 24032db3-ead8-484calfdcf14eb399692 EFTA01103298 IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA E.W., CASE NO. 502008CA028058XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. ORDER ON EPSTEIN'S MOTION TO COMPEL DEPOSITION OF EW AND FOR SANCTIONS THIS CAUSE came before the Court on Defendant Epstein's Motion to Compel Deposition of EW and for Sanctions, and the Court having heard argument of counsel and being fully advised in these premises, it is hereby ORDERED and ADJUDGED that Defendant's Motion is GRANTED. (1) EW shall appear for deposition on or before (2) If EW fails to appear for deposition on or before she is commanded to appear before the undersigned on 2010 at a.m.lp.m to show cause why she should not be held in contempt of court for failing to appear for deposition. (3) Epstein is entitled to recover from EW $710.00 in costs for her failure to appear at her properly noticed deposition on April 2, 2010. (4) Epstein is entitled to recover attorney's fees from EW due to her failure to attend her properly noticed deposition on April 2, 2010 (amount to be determined at a future hearing). DONE AND ORDERED at Palm Beach County Courthouse, West Palm Beach, Florida, this day of 2010. Donald Hafele Circuit Court Judge Copies furnished: ROBERT D. CRITTON, JR.. ESQ., and MICHAEL J. PIKE, ESQ., 303 Banyan Boulevard, Suite 400, West Palm Beach, FL 33401, BRADLEY J. EDWARDS, ESQ., Farmer, Jaffe. Weissing, Edwards, Fistos & Lehrman, PL. 425 N. Andrews Avenue, Suite 2, Fort Lauderdale, FL 33301, JAY HOWELL. ESQ., Jay Howell & Associates. PA, 644 Cesery Boulevard, Suite 250. Jacksonville, FL 32211, and JACK A. GOLDBERGER. ESQ.. Atterbury Goldberger & Weiss, PA, 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401-5012. EXH{BIT F EFTA01103299 INVOICE I PROSE I coin UPORTING AGENCY, Bit Robert Critton, ESquire Burman, OBTOR Lutber & Colman, LIP 303 Banyan Boulevard, Suite 400 West Pam Beach, FL 33401 Invoice No. Invoice Date Job No. 5599 4/3/2010 1612 Job Date Case No. 412/2010 902008CA028038)00C04BAF Case Name E.W. v Epstein Payment Terms Due upon receipt Scheduled Deposition of EW. Certification of Non-Appearance 110.00 110.00 Large Conference Room - 1 Hour 75.00 75.00 TOTAL DUE .> > $185.00 We appreciate your business! Payment Is due upon receipt Please contact us with any cares:ions: (561)832-75001 customersrnke@prosaaa.com Tax ID: 26-3892897 Please *tack bottom pothon and return with payment. Job No. : 1612 BD ID : 1-MAIN Robert °Won, Esquire Case No. : 502008CA0280S8XXXAMB AF Borman, Cntton, Luther & Coleman, LLP Case Name : E.W. v Epstein 303 Barryan BoulearO, Suite 400 West Palm Beath, Ft. 33401 Invoke NO. 5549 Invoice Date :4/3/2010 Total Due : $185.00 Remit To: Prose Court Reporting Agency, Inc. One aearlake Centre 250 S. Australian Ave., Suite 1500 West Palm Beach, FL 33401 PAYMENT WITH CREDIT CARD carcutders Name: EXH!BIT Card Number: lryn oAM Phone*: Card Security Code: Amount to Charge: Certriolder's Signature. EFTA01103300 VISUAL Invoice EVIDENCE Box 6967 Went Pain'. Fi 3Ws BURMAN, CRITTON & LUTHER ROBERT CRITTON 303 BANYAN BLVD SUITE 400 WEST PALM BEACH, FL 33401 Date Number 4/2/2010 29683 Terms Due on receipt Case / Reference; 7 E.W. vs EPSTEIN Date Services Rendered (NY Amount 4/2/2010 VIDEOTAPED DEPOSITION OF: E.W. DEPO CANCELLED DUE TO NO-SHOW BY DEPONENT Tech Time - 1ST 2 Hours 1 275.00 Portable VideOwnlerencing System - 1/2 day 1 500.00 Discount PER M.D. -250.00 r Adapting our services to meet your presentation needs. Visit: www. visua /evidence. corn d TOTAL: $525.00 Remit to: P.O. Box 6967 West Palm Beach FL 33405 Tax ID # Phone: (561) 655-2855 Fax: (561) 655.2896 office@visualevidence.org EFTA01103301