American Arbitration Association

American Arbitration Association DitPute Resolution Services Worldwide Jeffrey May 31, 2012 VIA ELECTRONIC MAIL Vincent S. Green, Esq. Nemecek & Cole 15260 Ventura Boulevard Suite 920 Sherman Oaks; CA 91403 VIA U.S. MAIL & VIA CERTIFIED MAIL Jeffrey Epstein 9 E. 71st Street New York, NY 10021 Re: 72 147 00218 12 SIM Shriek and Company, a division of Sitrick Brincko Group, LLC VS Jeffrey Epstein Dear Parties: Weston Case Management center 6795 North Palm Aye 2n Floc On April 10, 2012, the Association provided the parties a list of arbitrators, indicating that if any party did not return the list by April 25, 2012, it would be assumed that that party did not object to any of the arbitrators and the appointment would be made by the Association pursuant to the Arbitration Rules. Such appointment was made from the list and the parties were notified of the appointment of the arbitrator in a letter dated May 22, 2012. The arbitrator set the preliminary hearing for June 18, 2012 at 9:00 a.m. P.T. Enclosed is the Report of Preliminary Hearing and Scheduling Order which covers items to be discussed at the preliminary hearing and will be completed by the arbitrator. Please dial in to the conference call by using the provided call in number and passcode: Telephone: Passcode: Any information respondent provides to the Association will be presented to the arbitrator at the time of the healing. Please note that pursuant to the Rules, the arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain an adjournment. As a reminder each party has been billed $1,000.00 as a deposit to cover the arbitrator's study and preparation time for this preliminary hearing. If payment has not been submitted please remit upon receipt of this letter. EFTA00283645 If you have any questions please do not hesitate to call. Sincerely, /s/ Sandra L. Marshall Manager of ADR ' Phone: E-mail Enclosure cc: Hon. James M. Slater srnfot EFTA00283646 American Arbitration Association REPORT OF PRELIMINARY HEARING AND SCHEDULING ORDER FOR EXPEDITED CASES Preliminary Hearing Scheduling Order # Case 4 72 147 00218 12 Pursuant to the commercial Dispute Resolution Procedures of the American Arbitration Association (AAA), a preliminary telephone conference was held on before Arbitrator . Participating in the preliminary telephone conference were Claim amounts identified as: Claim Counterclaim Itemization of claims and counterclaims c112.11 be filed with the AAA on or before APPLICABLE SECTION OF THE RULES: E-2. Changes of Claim or Counterclaim: A claim or Counterclaim may be increased in amount upon the agreement of the other party, or the consent of the arbitrator. No new or different claim may be submitted, however, once the time for filing an answer has expired By agreement of the parties and Order of the Arbitrator, the following is now in effect. 1. Not later than the parties shall exchange all copies of (or, when appropriate, make available for inspection) all exhibits to be offered and all schedules, summaries, diagrams and charts to be used at the hearing and itemized claims and counterclaims. Each proposed exhibit shall be pre-marked for identification using the following designations: PARTY EXHIBIT # TO EXHIBIT if The parties shall attempt to agree upon and submit a jointly prepared consolidated and comprehensive set of joint exhibits. EFTA00283647 Copies of the exhibits shall be provided to the arbitrator at the hearing. APPLICABLE SECTIONS OF THE RULES: F-5. Exchange ofExhibits: At least two business days prior to the hearing, the panics shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. 2. Hearings in this matter will commence before the Arbitrator at on at m. The parties estimate that this case will requite days of hearing time, inclusive of arguments. APPLICABLE SECTION OF THE RULES: E-7. Date, Time and Place of Hearing: In cases in which a hearing is to be held, the arbitrator shall set the date, time, and place of the hearing, to be scheduled to take place within 30 dais of confirmation of the arbitrator's appointment The AAA will notify the parties in advance of the hearing date. 3. Any and all documents to be filed with or submitted to the arbitrator outside the hearing shall be given to the AAA Case Administrator for transmittal to the Arbitrator, unless otherwise agreed on by the parties at the telephonic preliminary hearing. COPIES OF SAID DOCUMENTS SHALL ALSO BE SENT SIMULTANEOUSLY TO THE OPPOSING PARTY(S). There shall be no direct oral or written communication between the parties and the Arbitrator, except at oral hearings. 4. a) Pursuant to the direction of the Arbitrator(s), claimant(s) shall serve and file a disclosure of all witnesses reasonably expected to be called by the claimant(s) on or before b) Pursuant to the direction of the Arbitrator(s), respondent(s) shall serve and file a disclosure of all witnesses reasonably expected to be called by the respondent(s) on or before c) The disclosure of witnesses shall include the full name of each witness, a short summary of anticipated testimony, copies of any experts reports, and written C.V. of experts. If certain required information is not available, the disclosures shall so state. Each party shall be responsible for updating its disclosures as such information becomes available. The duty to update this information continues up to and including the date that hearing(s) in this matter terminate. d) The parties shall make arrangements to schedule the attendance of witnesses so that the case can proceed with all due expedition and without any unnecessary delay. EFTA00283648 e) The party presenting evidence shall give notice to the other party the day before of the names of the witnesses who will be called to testify the next day and the order in which the witnesses will be called. 5. All deadlines stated herein shall be strictly enforced. After such deadline, the parties may not file such motions except with the permission of the Arbitrator, good cause having been shown. 6. This order shall continue in effect unless and until amended by subsequent order of the Arbitrator. Dated Arbitrator's Signature EFTA00283649