EXHIBIT C

EXHIBIT C EFTA00795963 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 2 of 9 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502009CA0408001CIXO4B JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, SCOTT ROTHSTEIN, individually: BRADLEY EUNARCG, individually, Defendants/Counter-Plaintiffs. TRANSCRIPT OF PROCEEDINGS DATE TAKEN: TIME: PLACE BEFORE: Thursday, march 8th, 2018 1:30 p.m. - 4:50 p.m. 205 N. Dixie Highway, Room 200 Nest Palm Beach, Florida Donald Hafele, Presiding Judge This cause cane on to be hoard at the time and place aforesaid, when and whore the following proceedings wore reported by: Elaine V. Williams Palm Beach Reporting Service, Inc. 1665 Palm Beach Lakes Boulevard, Suite 1001 West Palm Beach, FL 33401 (561) 471-2995 1 a 4 ) a so II 12 13 10 15 16 17 10 19 20 21 22 23 as as PROCEEDINGS 7112 °COW?: Thank you. Nalco= back everybody. llama a seat. KR. SCAROLA: May I now to this podium now? THE COURT: Sure. NR. SCAROLA: Thank you, air. Your Honor, have uo decided what notions we're going to hoar? THE COURT: Yes. My understanding as I la;' was going to be Edwards' Second Supplement to Motion in Lamine Addressing Scope of Admissible Evidence, and of course in that sane vein roster'. Notice of Service of Unredacted Appendix in Surport -- or Response in Opposition to Edwards' Second Supplemental Motion in Ursine addressing Scope of Admissible Evidence. NR. SCARINA: Your Honor, there are actually nultiple submissions to the Court to deal with closely-related issues, and those issues arise of the fact that over the course of the last eh:- weeks 724 new exhibits have been added to the exhibit list of the defendant Epstein. And Just to provide some general background, some of hnich your R2410Y may recall, there was an 2 1 APPEARANCES: For Plaintiff/counter-Defendant: LINK 4 ROCKENBACH, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, FL 33401 By KARA BERARD ROCKENBACH, ESQUIRE By SCOTT J. LINK, ESQUIRE For Defendant/counter-Plaintiff: SEARCY, DENNEY, SCAROLA, BARNHART 4 SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 By JACK SCAROLA, ESQUIRE By DAVID P. VITALE JR., ESQUIRE By KAREN TERRY, ESQUIRE For Non-Parties L.N., E.M. 4 Jane Doe HATCH, JAMES 4 DODGE, P.C. 10 Nest Broadway, Suite 400 Salt Lake City, UT 84101 By PAUL G. CASSELL, ESQUIRE 5 For Jeffrey Epstein: 4 ATTERBURY, GOLDBERGER 4 WEISS, P.A. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 By JACK A. GOLDBERGER, ESQUIRE 1 2 3 S 6 9 10 11 12 13 14 15 16 17 la 19 20 it 22 22 24 25 exhibit list filed by Mr. Epstein on November 16. 2017. That scam exhibit List was attached to the pretrial stipulation on December 22, 2017. And then for the first tine on March 5th of 2010 the new exhibit list was filed. If you compare the exhibit lists of November 16th and December 22nd, which, as I said, are the sane, with the March 5th exhibit list, 25 new exhibits -- excuse me -- 724 new exhibits were added. Your Honor held a hearing in this Totter or De er 5th and made it clear to all parties tr. .' exhibits that were not disclosed by the end of De er -- and I think it nay have boon the De er 22 date -- I'm not sure about that exact date -- but exhibits that were not specifically disclosed would not be permitted to be used at trial. You made it clear that catchall listings would to unacceptable: that ➢pacific individual exhibits needed to be listed. I'n sure your Nor.;,: has a recollection of those circumstances. And that, obviously, is a fairly standard order that your Honor adheres to in connection with trial practice. THE COURT: What I just wanted to point out is in conjunction with what we're going to be Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795964 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 3 of 9 29 District provides us with some recent direction and assistance and talks about the issue of surprise. 1 2 office. So it is clear we did not irsproperly obtain than, nor were they inadvertently disclo.. And it aaya, quote, 'The opposing party also a to us. i earlier attempted to exclude the surprise testimony 4 THE CURT: Tina Campbell is your paralegal' • by an unsuccessful notion in limlne. Furthernare, 5 /12. ROCWITEACH: Who obtained the three boxes. prejudice in the context of Binger refers to the 4 the three taxes free Fowler White, which contair. surprise in fact of the objecting party and is not 7 that CD which la at Issue. , dependent upon the adverse nature of the s 7HE COURT: 1 think the disconnect we're testimony.' So that's where WO are also going to be o having here today la not so such the fact that focusing today. is Kim Campbell received the tomes or deoebody got • But I don't want to get into a discussion as n notice that the boxes were there -- • to present counsel's ethical responsibilities 12 NS. BOCKBIEMCH: It was an issue. unless we have to as it relates to the origin of 13 THE COURT: -- and that coratedy did what they 4 how, if counsel is aware, these documents inclusive la did. And there may have been an issue with regard of the e-nails, and particularly as it relates to 15 to Fowler White voluntarily turning than over. the 724 allegedly now exhibits being added formally 16 Those are things thee can be dealt with later on. for the arse the on March 5th, just three days 17 And again, it may be a different tone. than l'n , ago, and certainly outside of the Court's pretrial 10 even dealing with here today. order in terms of timeliness, whether they 19 But what I'd like to know is how Fowler White constitute prejudice. So let's try to Cocoa there, 20 got the documentation, do we to know that, whether if we could. 21 or not that documentation was obtained or retained And I understand, just so the record is clear, 22 in a manner that either was in violation of Judge doing this for a long Lind bath as a trial lawyer 23 Ray's order or walked a certain tightrope that i and as a judge. I understand how feelings can be 24 could to construed as a constructive violation of hurt, I understand how people can take umbrage at 25 that order. And if we know that, then it would go 30 32 t certain things that are said. 1 a long way in me trying to make a determination . 1 The beauty of being an experienced trial 2 it relates to Binger and its progeny. judge, if nothing else, is developing a thick skin. 3 NS. ROCIMIEMCK: Thank you. A 30012t1.2103 I'll hoar people say something and use my 4 THE COURT: So that's really where we need to nine and they don't even know I'm standing there. 5 focus. MR. LINK: That wasn't me, was it, Judge? 6 I have no probien and I don't think TRH COUNT: No. And I understand that then. 7 Kr. Sterol* has any problem in terns of the fact 3 are going to be instances where people are going to 8 that you all did your hanework; albeit, from has 1 think that I'm the best In the world and the 9 position, late in the gene, and secured this 1 absolute worst in the universe. I've cone to that 10 in!OinatiOn fern rC4der white. 717e critical rationale pretty quickly. It took some time, but 11 question, thOagh.. Is why did Fowler Malta have • It was fairly quickly. But I do understand. I 22 these documents, why wore they continued co be don't want anyone to think that I'm not 15 held, and was it In violation dither expressly C: II compassionate to the extent that I recognise that AS constructively as it relates to Judge Ray's ord. there have been accusations hurled here which nay 15. 74Z. :e:A•tETS.ACH: it...rA you. you. acc.ot. be ninirnally considered offensive and accusatory. 14 Mr. Link has studied this laide and will address But let's nova beyond that for now and let's get to 1, that. some of the Issues that I discussed earlier that we 10 KR. LINK: So, Judge, lot no see if I can can focus on relating to decisions that I'll have 19 clarify a couple of [hinge. to make concerning the potential admissibility of 20 Flrat, these exhibits, that we're talking about t this evidence. 21 feed the disk, they absolutely Mere just listed on MS. ROCKEMBACM: Thank you, your Manor. I 22 our exhibit list. They were just located by us in appreciate that. 23 the last week. However, on our exhibit list it'a And we have established the chain of custody 24 always been a general category, es Kr. Sample: through the affidavit of Tina Campbell from our 25 said. The reason there are 749 specific exhibits Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795965 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 4 of 9 33 is the clerk required it. So -- boon doing that, sir. • THE COUR?: The clerk required it? 2 7HE COURT: okay. MR. LINK: Specific. You have got to do -- 3 KR. LINK: So we are not In violation of tt. I THE COUR?: The clerk, you're saying? Or the 4 Court's order. Mr. Scarola and I again agreed to Court? 5 do this. MR. LINK: The Court. 6 So let's talk about Fowler White because it is THE COUR?: Oh, okay. I thought you wore 2 as clear as rod. I: lz not as clear sz Mr. Z.castla , saying -- • says. Mere is why. If you look at his -- I MR. LINK: It's called the clack's exhibit e THE COUR?: That metaphor, I'm not aura I • list for the Court, but the Court did it. io understand clear as mad. .: THE COUR?: So in conjunction with an order ii NR. LINK: It's not clear. That's the poi-' • that I had rude earlier in the proceeding that I 12 It's not clear, frankly. So it is not as sinpl.. was not going to allow general catchall typos of 13 and clear as Hr. Scacola says. And I went to s. .. .4 exhibit identification, I required that each and 14 you why. , every exhibit be specifically listed. And we've gone through myriad exhibits in our Toast to 15 de I honestly canon tell yorir- E-con•t, Mete pro dist cane iron that end up in Fowler Mite's file. determine whether or not, for example, the Fifth 17 I can't. We have looked for every piece of ., Amendment privilege is going to bo recognized and other issues having to do with admissibility. And 18 19 cornunication, correspondence, we've crone Uwe., their tones three tires trying t0 answer that 1 • that was generally followed, to my recollection, because I dealt with many specifically identifiable exhibits. So yes, I agree that that was something 20 21 •- question. He have reached out to lawyers for Fowler white. They have no memory of it. *o we, LIA, Mr. $•Carole -- that the Court had a specific interest in and has 23 THE COURT: Excuse 04. LA MX. Ackerman atilt I always taken the position that all cards are going 24 actively practicing? to bo on the table in a timely fashion so that, 25 NR. LINK: He la, yea. And we reached out ' 34 36 , motor one, first and foremen[ once all the cards I Joe Ackerman. Kr. Ackerman. Sorry. We reached . are on the table, the law favors settlement, and it 2 out to Mr. Ackerman. may come tO fruition, and has more often than not J Hero is why It's confusing. And I think this 4 resulted in an amicable resolution to a case. And 4 is really important to understand what happened. as Importantly, both sides are adequately prepared t When the trustee took over the files, [hare so that, as I nentionod in this Pollard case, no 4 was an understanding by Kr. Edwards and his firm one is unduly surprised by something that COM102 7 that there would be about 5,000 e-nails, and they before then at or near the beginning of trial. 8 agreed to do a -- go through them and do a MR. LINK: Yes, sir. So that is why we did 8 privilege log. What's missing from Kr. Scarola's that. 10 timeline is that in Nov/mbar 2010 Edwards informed The second thing I want to paint out to the II the bankruptcy court that the trustee had produced Court is that Kr. Eduardo did the sane thing and 12 74,000, 74,000 pages of doctsnonts on two compact filed exhibits after the order, just like we did. 13 disks. Not ono. On two. .1 And I'm not complaining -- THE COUR?: Wall, if you're not conplaining about it -- 14 IS IS So then what happened, because of the voluno, Mr. Edwards and his firm gaps in and says, •Judge, we need nor* [Imo. No did not know uo wore going MR. LINK: The reason I want t0 explain is 17 to got 74,000 pieces of paper and we need time tO because in our pretrial stip I'm of the mindset 18 go through then.• when we roach agreement, we have an agreement. And 19 THE COUR?: I nay have font you. ?he 74,000 in our agreement, your court order says no 20 pages wore self-generated from the Rothstein firm: additional exhibits unless the parties agree. In 21 MR. LINK: Yes. And delivered by the trustee the pretrial stip Kr. scarola and I agreed we 22 to Hr. Edwards. reserved our right t0 add additional exhibits. So 22 THE COUR?: And Mr. Edwards, you're incompliance with the pretrial stip and this 24 suggesting, indicated that they reed more the to Courts' order requiring us to identify them, we've 25 review the e-mails or whatever documents -- Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795966 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 5 of 9 41 to Fowler mite, but it goes to Epstein -- and i identify by Bates ember if there are any • constructively, if not explicitly, by this order 2 attorney/client coniuninatione and we would i extends to Mr. Epsteln's legal representatives, from this Court's interpretation. 3 4 segregate then. The response I got, every page . an attorney/client comunleation. So that's ale. KR. LINK: Yes, sir. THE COURT: "Should It be determined that Fowler Mite or Epstein retained images or copies 5 a 7 THE COURT: But that's not what this order says, Mr. Link. Tho order doesn't say anything about privileged documents. , of the subject documents on its computer or • KR. LINK: Judge, I understand that. I otherwise, the Court retains jurisdiction to award 9 THE COURT: Titoorder eays that Fowler Mit. sanctions in favor of Farmer, Brad Edwards or his 10 will not retain any copies of 0he documents .1 client," end quote. 1i contained on the disk provided to it nor shall any • MR. LINK: And I agree with that. The, 12 Lieges or copies of said documents be retained in bankruptcy court reserved that. ghat I'm 13 the memory of Fowler White's copies. And we .4 suggesting to the Court is I don't think it's as le already went through the sanctions. ., clear as Mr. Scarola said. And he nay go to Judge and Judge Ray will have, a hearing. Based on what we've looked at, I don't believe It's as clear that that's what Choy did because it's possible, 15 16 17 10 KR. LINK: Butwedon't know -- here is the disconnect: Re don't know as we sit here that , disk that we located there wasn't handed to the t.-, Special Master Carney after Mr. Scarola gave him based upon what I've read -- THE COURT: That Fowler Khito did? MR. LINK: Yes. THE COURT: So are you suggesting to gm that -- so that I'm understanding correctly -- 19 20 21 22 23 the job and said look at it and give then whatever you think is okay because the majority of the documents we've looked at have to deal with scheduling and sporting events and going out drinking and all kinds of things. It is not a 3 MR. LINK: Yes, sir. I'm not here 24 group of documents that are on the privilege to,. representing Fowler Mite. 25 Here is the second thing we learned - 42 • THE COURT: I understand. But you're hero I THE COURT: And is that going to serve as , . representing Kr. Epstein, who by virtue of this 2 conduit to attempt to ed0it these documents int:: 4 order that is being highlighted in part on the ELMO, that Fowler White did what it was supposed to 3 4 evidence in the face of the order that I have 3, read? do pursuant to that order, returned everything that it was supposed to return, but through sone happenstance had the disk containing the very 5 6 7 pg. LINK: Your Senor, I see the order. Mhat I'm trying to get across -- I'm doing a lousy job. THE COURT: No, you're not. 3 information that was the source of Judge Ray's 0 KR. LINK: -- is that I can't tell you. order and somehow, therefore, should be exonerated 9 THE COURT: Try to get to the point that 1' 1 by virtue of the fact that because we really don't 10 really -- know how Fowler White may have gotten it, but 11 KR. LINK: I don't think that we can conclude • assuming Fowler White did what it should have done, 12 today that this disk is a result of their violating miraculously this disk turns up in Fowler White's 13 this order. This disk could have bean as a result .1 files and hence we should essentially ignore the 14 of the special master looking at Lt and saying, "I dictates of the order? KR. LINK: No, sir. And I think I've confused the Court. Lot no make sure you understand what's on this disk. The 27,550 pages on this disk, we've only looked at 5,000 of them, okay? Of those 5,000, I Is 16 17 le 19 as don't see cornunicationa between attorney/client, I believe there's been a waiver of the work predict based on giving it to Razorback, Issue injection, all of th•latl issues have Loan rai.,.od." THE COURT: So now you're suggesting that rimier Judge Carney. to my Knowledge a very veil • will represent to you -- and you can leek at al respected jurist who presided In the Circuit COL,' • then -- I don't believe any -- and I know none that itie in Rickard County, to ay knowledge, and has done we attached -- were communications between an attorney and a client. I asked Hr. Cassell and I asked Mr. Scarola to INB KB a senior work here In the 15th Judicial Circuit somehow engaged in some type of ex parte onsminications with render Mute? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795967 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 6 of 9 45 MR. LINK: Judge, I can't because I've looked. I have searched. I'n not saying that at all. All I can piece together is that Kr. Scorpio asked Special Raster Carney to do that. 47 hearings on other ratters of the 14- co 15 hundred files chat I'n carrying in this division, of Mich this is but one, with the trial co 'essence on the norning of *Tuesday, the 13th of Match. This disk, when we got -- we put a sticker on it. No vont and looked at boxes and put stickers on things. The disk said Epstein Bates ataxia. Had MR. LINE. Yes, sir. THE CCURg: gnat's a big endeavor. That is an endeavor that is beyond chi: Court's ability no idea what was on it. Looked like something we . physically and from a tine perspective. So I'n not should put a sticker on. Ic came in. tho disk. and we n:arted lcolca,4 at it. , 10 going co do chat. MR. LINK: Your Honor, I know chat you don" when those issues cane up, we asked Fowler ,I have the tine. I have offered them a special u White to please give us the original boxes. We got 12 master. They don't want to. ii the original boxes and found the disk In a folder II THE COURT: It's just too late. 14 that says J. Carney printing on It. That's it. )4 MI. LIKE: But Judge, the truth is never too :I That's all that's on this folder. IS late. There's no watermarks, there's no )6 THE COURT: Please don't interrupt 7' confidentiality agreement, there's no stamps on the I> MI. LIKE: I apologize for that. docunents. They aro Bates stanpod and there's a IS THE COURT: Protocol dictates the orderly disk Ln there. So what I'm suggesting is if we're I9 administration of justice and, correspondingly, the trying to figure out whether Fouler White violated 20 orderly preparation for trial. That preparation -- the order, I don't think it's as clear as 21 and you'll be surprised when it cones to larger Hr. Scarola says. 22 cases like this -- not only applies to counsel and Wow, I wasn't there. I can't toll you flat 23 their coon of attorneys chat the respective ➢ide 24 they did, Judge. But I do know this: Many of the 24 have, but it also applies co the singular docunents that are on this disk and that aro on :s individual who Is responsible for chin orderly 46 • , their privilege log have been used in this litigation. They have boon used. They have produced soma. They're exhibits that Mr. Edward: has asked about and answered that aro on this privilege log. There's over a hundred of them. • presentation. I often refer to a case that I printed directly from the Fourth District Court of Appeal, RJ Reynolds Tobacco Company versus Calloway, and it talks about the trial judge's ultimate So this disk is not a disk of their privileged docunents. It's a disk of 27,500 documents. And what's the most Important part or this is Judge , responsibility. There it was to ensure appropriate attorney behavior, but it talks also about court exercising its control of the litigation of the • Crow never hold an in-camera. Nobody )udlcially 9 trial, of important ➢retrial hearings like ue're has looked at these. And that's whore we need to )0 having here today, and talks about this is • be. )1 especially true in lengthy high-stakes cases and I don't think any of this matters. What 2: goes on co speak about what a court should and matters is we have the, records, they're relevant, this Court should determine, they're relevant, see 14 14 should not tolerate when lc cones co interrupt1c.. and other matters chat don't necessarily boric ':- LI there's a privilege and see if that privilege 14 presentation of otherwise excellent counsel. has boon waived. That should bo the process. le But what I was crying to communicate while we THE COURT: On Thursday afternoon, which is 14 wore speaking over oath other is that this is the going to be taken up by additional argument, whore 14 very reason why courts have spoken to the Issue ,: • Friday I'n a conmittod coanbor to the bench Bar, as 10 tinily and reasonableness and preparation. is encouraged not only by the 15th Judicial Circuit 20 I can't speak to the natter in which this caaw • and Fourth District Court or Appeal but also by our is has been prepared by counsel for Kr. Epstein over local Bar Association, of which many of you aro prominent nenbers here, so you know that COCIAILTAAC 22 is the last 3,000 and sone odd days. I can, however, speak CO what is before ne now. Why somacno before must be taken seriously, and I do take it 24 you and Miss Rockenbach got involved in this seriously, and than Friday I'm booked up with 25 case -- because I saw Mr. Ackerman's name in this Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795968 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 7 of 9 57 As I said, the analysis, would be completely i ..., filo. How that could be the case, Mb knows? But different if it wan shown to no that somehow, soma 2 I'S not finding fault with anything you or way the Searcy, Denney firm, Mr. Edwards, Piffle,' 3 Miss Rockonbach or Mira Campbell did. that's not i Jaffe -- I was going to nay Ron Rothstein, but I 4 the 131200. You've Jana your job. don't want to got his confused with the well- a KR. LINK: I understand. Your Honor, may I respected coach and former coach of the Heat -- a have one ninute to confer with appellate counsel to Scott Rothstein wan sitting on thin stuff. That's 7 ado sure there's nothing I need to do to preserve i not what happened hero. That's the point that I'm • this? I trying to drive, hone and emphasize. Is not only o THE COURT: Ateolutoly. Lot's just r.... - the issue, of [Sootiness, not only the Issue of the 10 brief recess. • privilege has not been tested, but first and II (Thereupon, a short recess was taken. • foremost is the fact that Fowler White, Epstein's 12 - - - own lawyers, have been sitting on this from day one 13 THE COURT: All right. Thank you again. 4 for sown, eight years. la Please have a seat. Welcome back. , MR. LIMIt: But don't know -- I'm 15 16 KR. SCAROLA: Tour Honor, I want to hopefully tie up a few loose ends on the matter that has Just wo the point I don't know looked trying to sake, that they at it. 17 been ruled on. ., THE COURT: That's not my problem. 18 Am I correct in understanding that the .. MR. LINK: Maybe Carney gave It to than and 19 defendant is prohibited from making any use of 17- , said, "Don't look." THE COURT: That's not my problem. If 20 21 724 late-disclosed exhibits? THE COURT: Yes. • Mr. Epstein has i CifiO against hie attorneys, he can deal with those, claims to his satisfaction. 22 23 KR. CCAROLA: Next, sir, we would request , defendant be required to mann:pleb possession or I I'm not hero to determine, whether or not somoono 14 all copies of the privileged documents CO the Court did or did not cermilt malpractice. 15 under seal. They have expressed We concern 58 : MR. LINK: I understand that, Judge. 1 stating that we have asked them to destroy then. . THE COURT: I'm hero only to deal with this 2 Me want then turned over to the Court under seal. issue that is before MI) and that la, whetter a 3 They should no longer have possession of those 4 wholesale late disclosure of significant exhibits di until euch time as somebody rules that they are that have boon in the possession of Fowler Whit*, Epstein's attorneys, from day ono and, thus, as a 5 6 entitled to have poosession. And I want to note one brief comment about matter of continuum in Epstein's possession, his 7 that, It : ec,11 ,..n. i possession is constructive to the possession of the 8 Your Honor knows very well that Fowler Mhite attorneys that represented him, that string of attorneys that have been representing him since 9 10 is a very large law firm that keeps meticulous , records with regard to the cervices that they 2010, and that if nobody got around to looking at 11 render. And the concept that it le M104021b10 co • Fowler MIt0 . 9 documents -- and ham that could be 12 reconstruct through these CARO records what was understood is beyond re, as not only a seasoned am received, Mae Sc was received, when It was .1 attorney but also now a seasoned judge -- until you 34 reviewed, what happened with it, who was lalf0Mad and Klee ROCkehbieh took it upon yourselves and as of whit was happening with it quite frankly is your paralegal to do it is not my problem. And 1.1 absolutely inconceivable to me: that a law lira C.: that's all I'll say on the subject. 17 that size, keeping records the way It did, cannot I have made my ruling. It le a several- le reconstruct what wont on with regard to this pronged ruling. And for the reasons that I've 34 lefOnlitIOft. stated, that's the reason why I ate not going to :o THE MORT: And that's a good point. Mat : engage, in aomo type of a last-minute evaluation of al Was 00111q CO point Out earlier and I filled to Op dOcuments that could have boon evaluated from 2010 i1 that, and I appreciate the maniples, Is that I ill the way tO Mirth Of 2018. as would have expected certainly in deference CO the But nobody over Gook it upon themselves to as fact that Mr. Epstein was a client of Fowler MI' .1 (Men look at those documents In Fowler White's 26 that OCOCCRO from Fowler White would have had t., Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795969 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 8 of 9 61 ability to weigh in somehow as to these critical Issues. Perhaps l'n Doing a bit naive when I say that i 6, MS. RCREhIRACH: Ho objection, your Honor. THE COURT: So stipulated. MR. SCAROLA: Your Honor will recall that having served Kr. Epstein in their capacity as 4 opposing counsel has also informed the Court on counsel, it's my respectful holier that they owed an obligation to Mr. Epstein, if not this Court, to explain how and why they had access and kept those , multiple occasions that backup in the preparation for this case was being provided by the Coaster law fire, and are would like a certification from then records in their possession in light or that court . as wall chat no copies have boon retained. , order and in light of this ongoing litigation. And as a natter or respect co Mr. Epstein and his . 10 MR. LINK: They don't have any, Judge. THE CURT: Okay. That's tiro. If Mr. L1:.•. :t ongoing legal team, to have made sone typo or ): and Mies Rockenbach are representing that to the z., affirmative stops to have dealt with this issue )2 Court, l'n satisfied with that representation. :I head on because of the apparent implications or )3 KR. SCAROLA: Md I accept that representa' :4 mesa. )4 as well, your Honor, but what we would like ano So I again want to nake clear that I'm finding IS believe he are entitled to is a list of all perro"' absolutely no fault with Mr. Link, Miss Rockenbach, Miss Campbell or anyorA else from the Link and 16 )7 to whom the privileged documents have been disseminated. Md I'm particularly concerned in Rockenbach firm in terms or what they did, albeit IS this regard; that the testimony of any witness in the manner in which they had to do it and the 19 night be influenced by their improper exposure to timing, unfortunately, of the natter from their perspective in having to do it, but that takes nothing away from what Oho Court has already 20 21 22 privileged docunents. So we ask that a complet, list of all persons to whom those docunents hr., been disseminated or the contents of the docurr: remarked upon concerning the fact that now Fowler 23 that been disseninated be provided co us. White in the representation of Mr. Epstein had :4 Md I know chat Mr. Cassell has amt conca,..- those records from the inception is one of the ,, in that regard as welt that he would like to 62 • reasons for the Court's ruling. address with the Court. So if he may have an . MR. SCAROLA: Your Honor, nay vo include in the order a direction that opposing counsel is opportunity to speak to the Court in this roger,: - THE COURT: That's fine. , required to relinquish possession of all copies o: the privileged documents to Oho Court under seal? THE COURT: Moll, Oho only thing that • Mr. Link, if you want to comment on that? KR. LINK: Yeah. I think I can solve that problem very easily, your Honor. obviously has to be taken into consideration is the 7 The documents were within rzy law firm, and ny appellate rights of Mr. Epstein and how they're e client. That's it. They haven't been shown to n'..' going to preserve those rights in light of the fact 9 third parties. There's not a third-party mitre-' that the Court has rejected the last minute request for in -canora inspection for the reasons that I've 10 li for me to put on the stand. Md you have rules , can't use chem. We won't use then. already stated at length on the record. 12 MR. SCAROLA: Does chat include Mr. Epstein' MR. SCAROLA: Which is why I've suggested that '5 THE CCOR7: Does what include Mr. Epstein? they be rolinguishod to the Court under seal, your 14 RR. SCAROLA: ass Mr. Epstein been provided Honor. They can be given an exhibit nunbor. To '5 with copies or the documents or the contents or the extent that the appellate court finds LC " these privileged documents? reasonable and necessary to *manilla those '7 MR. LIME: I just said ay client. My law : . . . • documents, the appellate court will have the opportunity to do that. is 25 and My client. And 1 tan say legal counsel, Mr. Goldberger. So that's it. THE COURT: So you're suggesting to file with :a MR. SCAROLA: that nay require 40114 further • the Clerk or Court under seal the docunents at ti relief that we can address at another tine. issue? 32 Md so chat the record is clear, your Hone,. MR. SCAROLA: Yes, sir, that's correct. THE COURT: That's better stated. 23 24 we bellow that sanctionable conduct has occurr,,,, and we are reserving the right at a later tine -- Do you have any objection? 25 but it's not something that needs to be addressed Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795970 Case 09-34791-RBR Doc 6323-3 Filed 03/19/18 Page 9 of 9 77 Epstein entities cane into possession of the I KR. CASSELL: lie haven't hoard, of course, documents, and then we want to know where they went. 2 3 from Fowler ?Alto. Will the Court direct then to nake *Millar representations? : THE COURT: Because of the court ruling, I 4 714E COURT: I baileys, that I have sufficient • don't find that to be a front burner issue at this 5 authority to do that under those relatively time. Please don't confuse anyone hero. The Court's reference to front burner as apposed to 4 7 peculiar circuratancea. My jurisdiction, though, la acnowhat limited because they have withdrawn . being an issue Of InfOrtanCe. Front burner amply • free the case. means that in preparation for a trial that is actually a mere two to three business days away, if a Ie Aa a general blanket ardor I would amply say that all attorney* who have or are representing Hr. • you count tomorrow, which I don't really count as a 11 Epstein shall be subject to this order of court business day because of my obligations to the Bench Bar Conference, I won't have the opportunity 12 13 confidentiality, of sealing and of non - dissemination of any such information that Ls .4 to really delve into that prior to trial. 14 contemplated in any of the documents that are part , And as Hr. Scarola pointed out, I believe, 15 of the urbrella order of Judge Ray. And that would earlier, that can be done at another tine. So I an certainly not going to forget that it needs CO be 16 P include all of the exhibits that we spoke about today and that have been filed as a matter of ., done. But it will be ordered that it be done post 1$ record. trial. 19 KR. CASSELL: Could they also be directed to ) Any other remedies that are sought as you go 20 rake a representation as to who they have along -- I understand the relative late nature of 21 distributed the documents to? • those revelations) hence, you aro not precluded 22 THE COURT: Kr. Link has already -- are you from filing a supplemental notion. 23 talking about Fowler White? i I also note that you have requested attorney's 84 MR. CASSELL: Fowler White. fees and costs related to this endeavor, and I'm 25 7112 COURT: I don't think that I have chat : 78 reserving on that as well. II . MR. CASSELL: But related to that la the 2 KR. CASSELL: Could I be heard on that ism, distribution. The cat Is now wandering out of the 3 them? I believe that you do have -- all right. 4 bag, so time is of the essence. 4 we'll deal with that Later then, your Honor. THE COURT: Right. And again, I think that in an abundance of caution, and I understand your concerns, but what the attorneys bare recognize -- S 6 2 KR. LINK: Can I make a suggestion, your Manor, that might be helpful? 714E COURT: Sure. i and Mr. Epstein is also under this order -- is that $ KR. LINK: We now have, I think, 34 or 36 1 no further dissemination is going to be nada. I 9 boxes they delivered; I believe all the boxes they 1 think that goes without saying as far as the 10 have. The disk, the original disk, we now have 1, attorneys are concerned. I've known each of them 11 I don't know for sure, but I doubt that there'‘ • seated at counsel table for many years, as I have 12 another disk that they coda and kept. If the C, .1 known Mr. Scarola and Miss Worry, Mr. Burlington, and I think they recognize that when this Court 13 14 will instruct as part of this order that we maintain the boxes, because Fouler mite Minted • makes a statement, that it is abundantly clear that 15 then back, then we will take p3990991eM of the it will be enforced to the letter. I have no doubt in my mind that they will all be respectful of the court order of non-dissemination of any of those documents hence forth. And Mr. Link has already represented to the IC 17 ID 19 20 boxes. THE COURT: If you are telling me that you have authority Cram Mr. Epstein to retain those texas and Mr. Epstein is essentially giving you carte blanche, you and Miss Rockonbach and • Court that other than Mr. Epstein and his 21 Mr. Goldberger jointly, the authority to make Sc. co-counsel, that there have been no eyes laid upon those documents. Hence, I'm accepting that representation, as Hr. Scarola has accepted those 22 23 24 decisions necessary to protect his interests, tr notion would be granted. KR. LINK: I'm standing here with this puzzled .., representations during the bearing as well. 25 Look because l'n not sure what that means, frankly. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00795971