Filing # 77409148 E-Filed 09/04/2018 04:28:53 PM

Filing # 77409148 E-Filed 09/04/2018 04:28:53 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800)DCXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. AGREED MEDIATION CONFIDEN ER TI-IIS CAUSE came before the Court upon th t of (1) Bradley J. Edwards ("Edwards"), (2) Jeffrey Epstein ("Epstein"), nors Jane Doe, M t and= (collectively, "Intervenors"), and (4) F' eissing Edwards Fistos and Lehrman ("Farmer Jaffe") (collectively, the "Me cipants"), to participate in mediation subject to this Agreed Mediation Confidenti The Court, hereby ORDERS AND ADJU follows: 1. Non-party Fannyr Jaffe consents to the jurisdiction of this Court solely for purposes of participating medi&ion. 2. t to Florida Rule of Civil Procedure 1.720, Edwards, Epstein and a repr m Farmer Jaffe who has the full authority to settle without further consultation shall app at the mediation in person. The Intervenors' counsel, who shall have full authority to settle the matter without further consultation, shall appear at the mediation by telephone. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/04/2018 04:28:53 PM EFTA00795582 Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 150' Judicial Circuit Case No. 2009CA040800)OOO(MBAG Agreed Mediation Confidentiality Order Page 2 3. The Mediation Participants shall each file a Certification of Authority ten days in advance of the mediation identifying who will appear at the mediation conference and confirming the person's settlement authority in accordance with Florida Rule of Civil Procedure 7 0(c). 4. The mediation proceeding is confidential and privileged as settlerz ego Cations. All statements made during the course of the mediation are privileged se I t iscussions, are made without prejudice to any Mediation Participant's legal position a ar of discoverable or admissible for any purpose in any legal or administrative proc hatsoevcr. 5. Florida law applies and governs the media 44, Florida Statutes, and the following specific con a. Florida Statute Seetio ng, but not limited to, Chapter provisions: 44.403 Mediation C' enti ity and Privilege Act; definitions.—As used 1-44.406, the term: (1) "Mediation cation" means an oral or written statement, or n verbal induct intended to make an assertion, by or to a mediation ipant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation. The conunission/ora crime during a mediation is not a mediation co unication. :s r +(3) "Mediation party" or "party" means a person participating directly, or through a designated representative, in a mediation and a person who: ediation participant" means a mediation party or a person attends a mediation in person or by telephone, videoconference, ther electronic means. (a) Is a named party; (b) Is a real party in interest; or EFTA00795583 Jefikey Epstein v. Scott Rothstein and Bradley J. Edwards 15th Judicial Circuit Case No. 2009CA040800XXXXMBAG Agreed Mediation Confidentiality Order Page 3 (c) Would be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law. (4) "Mediator" means a neutral, impartial third person who facilitates the mediation process. The mediator's role is to reduce obstacles to communication, assist in identifying issues, explo alternatives, and otherwise facilitate voluntary agreemen resolve disputes, without prescribing what the resolution m siii) (5) "Subsequent proceeding" means an adjudicative p follows a mediation, including related discovery. `1 ) k b. Florida Statute Section 44.405(1) an : 44.405 Confidentiality; privilege; ex hat (1) Except as provided in tion, all mediation communications shall be confi ediation participant shall not disclose a mediation co on to a person other than another mediation partici r a cipant's counsel. A violation of this section may b as provided by s. 44.406. If the mediation is court violation of this section may also subject the m o icipant to sanctions by the court, including, but n limige to, costs, attorney's fees, and mediator's fees. (2) A media15ttah party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications. +44A06 Confidentiality; civil remedies.— Florida Statute Section 44.406: (1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including: (a) Equitable relief. (b) Compensatory damages. EFTA00795584 Jeffrey Epstein v. Scott Rothstein and Bradley J Edwards 15th Judicial Circuit Case No. 2009CA040800)OOOCMBAG Agreed Mediation Confidentiality Order Page it (c) Attorney's fees, mediator's fees, and costs incurred in the mediation proceeding. (d) Reasonable attorney's fees and costs incurred in the A application for remedies under this section. (2) Notwithstanding any other law, an application for relief under this section may not be commenced later than 2 ye a date on which the party had a reasonable opportunity to breach of confidentiality, but in no case more than 4 y date of the breach. (3) A mediation participant shall not be s •ct civil action under this section for lawful compliance rovisions of s. 119.07. 6. The mediation is being conduc'it this action (Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards, 4 Judicial Circuit Case No. 50-2009-CA- 040800X)OOCMBAG) and the show ceedings (In re Rothstein Rosenfeldt Adler, P.A., U.S. Bankruptcy Court, Southpth. t of Florida, Case No. 09-34791-RBR) but will also address Epstein's potential clai ainst Fowler White. 7. For the litSteEpurpose of the mediation, Epstein's 47 trial exhibits (the "47 e- v mails") that Edwat*elaims are privileged and are currently under seal may be shown by Edwards' attomeys,only to the mediator, Fowler White's attorneys and Fowler White's insurance carrier represe tpiv . Edwards' counsel shall bring Edwards' copy of the 47 e-mails to the mediation for O this limited purpose. Edwards' counsel shall be present at all times during any review of the e- mails. No copies of the e-mails may be made and no notes may be taken regarding their content. 8. The use of the 47 e-mails during mediation will not constitute an additional argument of a waiver by Epstein of any privilege claimed by Edwards, Farmer Jaffe or the EFTA00795585 Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 15°' Judicial Circuit Case No. 2009CA040800)OOOCMBAG Agreed Mediation Confidentiality Order Page 5 Intervenors. However, this does not vitiate or limit Epstein's existing waiver arguments, which are preserved pending further rulings of this Court. DON 4-- E-AND ORDERED in West Palm Beach, Palm Beach C 44 of August 2018. THE I4 :4 DOT CIRCUIT COURT JUDO SERVICE LIST Jack Scarola Karen E. Terry David P. Vitale, Jr. Searcy, Denny, Scarola, Barnhart & Shipley . 2139 Palm Beach Lakes Boulevard West Palm Beach FL 33409 • Co-Counsel for Defend miler-Plaintiff Bradley J. Edward Bradley J. Ed Edwards Po tingeY L C 425 N. Andrews Avenue, Suite 2 le, FL 33301-3268 nty, Florida ELE day urlington Segal S ngton & Rockenbach, P.A. rthouse Commons, Suite 350 44 West Railroad Avenue West Palm Beach, FL 33401 Co-Counsel for Defendant/Counter- Plaintff Bradley Edwards Co-Co el for Defendant/Counter-Plaintiff Bradley J. Edwards and Counsel for Farmer Jaffe Weissing Edwards Fistos and Lehrman Marc S. Nurik Law Offices of Marc S. Nurik One E. Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 Counsel for Defendant Scott Rothstein EFTA00795586 Jeffrey Epstein v. Scott Rothstein and Bradley J. Edwards 15th Judicial Circuit Case No 2009CA040800)0CXXMBAG Agreed Mediation Confidentiality Order Page 6 Jack A. Goldberger Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue S., Suite 1400 West Palm Beach, FL 33401 Co-Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein Paul Cassell ' S.J. Quinney College of Law at the University of Utah 383 S. University St. Salt Lake Ci UT 84112-073 tifi , j thiailed Intervenor Co-Co o and Jane Doe O Scott J. Link Kara Berard Rockenbach Link & Rockenbach, PA 1555 Palm Beach Lakes Blvd., Suite 930 West Palm Beach, FL 33401 S' * Trial Counsel for Plaintio7Counter-D nt Jeffrey Epstein 2084119 Jay Howell Jay How 644 Jac eicsociates ., Suite 250 L 32211 titCerIntervenor Co-Counsel for., nd Jane Doe EFTA00795587