EFTA00861905

From: "jeffrey E." <jeevacation®gmail.com> To: Martin Weinberg Subject: Fwd: Response to Motion for Partial Relief From Stay with Darren's Edits.doc Date: Thu, 15 Mar 2018 12:27:48 +0000 Forwarded message From: Scott J. Link <1 Date: Wed, Mar 14, 2018 at 4:30 PM Subject: Fwd:Response Response to Motion for Partial Relief From Stay with Darren's Edits.doc To: "jeffrey E." ail.com>, ' < P. Thinking about taking up now on a Cert the courts refusal to look at 47 exhibits Scott J. Link Board Certified Business Litigation LINK & ROCKENBACH, PA I Email: This e-mail may contain privileged or confidential information. If it is not meant for you, please delete it and notify us immediately. Please confirm receipt of time sensitive communications because email deliveries may be delayed or unsuccessful. We do not provide tax advice. Our communications may not be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Begin forwarded message: From: "Tina L. Campbell" < Date: March 14, 2018 at 4:28:30 PM EDT To: "Scott J. Link" Cc: Kara Berard Rockenbach , Rachel Jenny Glasser Subject: RE: Response to Motion for Partial Relief From Stay with Darren's Edits.doc p. 53 19 MR. LINK: Second, we're not talking about EFTA00861905 20 27,000 pages, we're talking about 49 exhibits. 21 There are only 49 exhibits that we are asking the 22 Court to look at. So that it is not 27,000 pages. 23 Third, I think most importantly I absolutely 24 agree your Honor has a difficult, difficult 25 weighing decision to make between staying on course Pg. 54 1 and what I think is more important than any of 2 this, which is getting to the truth. And I believe 3 in my heart, your Honor, the reason I'm so 4 passionate about this and the reason I apologize 5 for interrupting you is if this courtroom is 6 looking for the truth, then those 49 documents have 7 got to come into court. They have got to go in 8 front of the jury. 9 THE COURT: But they're not coming in here, 10 and I would hope elsewhere, if it's going to be at 11 the sacrifice not only as to the orderly 12 administration of justice, but also in derogation 13 of a federal bankruptcy court's order or any court 14 of recognized jurisdiction's order that would have 15 the necessary supervisionary control of a given 16 case, but also at the potential extermination or 17 derogation of a privilege. And for all of those 18 reasons is why I am extremely reluctant to start 19 taking these things into consideration just a few 20 days prior to trial. EFTA00861906 ;`,,'L&R Tina Campbell, CP/FRP Certified Paralegal V Email: This e-mail may contain privileged or confidential information. If it is not meant for you, please delete it and notify us immediately. Please confirm receipt of time sensitive communications because email deliveries may be delayed or unsuccessful. We do not provide tax advice. Our communications may not be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. From: Scott J. Link Sent: Wednesday, March 14, 2018 4:22 PM To: Tina L. Campbell Cc: Kara Berard Rockenbach ; Rachel Jenny Glasser < Subject: Re: Response to Motion for Partial Relief From Stay with Darren's Edits.doc What does he say when I suggested just to 47 exhibits Scott J. Link Board Certified Business Litigation IIIIIIIIIIIIM Email: s .:L&R This e-mail may contain privileged or confidential information. If it is not meant for you, please delete it and notify us immediately. Please confirm receipt of time sensitive communications because email deliveries may be delayed or unsuccessful. We do not provide tax advice. Our communications may not be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. On Mar 14, 2018, at 4:19 PM, Tina L. Campbell < wrote: Afternoon session — EFTA00861907 Pg.47 6 THE COURT: That's a big endeavor. That is an 7 endeavor that is beyond this Court's ability 8 physically and from a time perspective. So I'm not 9 going to do that 10 MR. LINK: Your Honor, I know that you don't 11 have the time. I have offered them a special 12 master. They don't want to. 13 THE COURT: It's just too late. Pg. 50 3 And the very essence of what's being brought 4 to my attention today, where requests are made for 5 in-camera inspections at a time that's essentially 6 two to three business days prior to the 7 commencement of trial a special master to review 8 thousands of documents several days before the 9 commencement of trial for the first time, despite 10 recalcitrance from Fowler White, their somebody 11 reviewing their files apparently for the first time 12 mere weeks before the case is going to court, those 13 types of things have to be held -- I was going to 14 say in high regard, but what was meant by what I'm 15 saying is preparation in getting to these 16 materials, there was nothing that I knew of despite 17 again what appears to be brief recalcitrance on the 18 part of Fowler White to turn over the materials EFTA00861908 19 themselves, this could have been done six months 20 ago, a year ago, two years ago, three years ago, 21 four years ago, five years ago, six years ago, and 22 it should have been done then. To bring these 23 types of matters before the Court at this 24 particular time is, in my view, inappropriate. Pg. 62 6 THE COURT: Well, the only thing that 7 obviously has to be taken into consideration is the 8 appellate rights of Mr. Epstein and how they're 9 going to preserve those rights in light of the fact 10 that the Court has rejected the last minute request 11 for in -camera inspection for the reasons that I've 12 already stated at length on the record IL&R Tina Campbell, CP/FRP Certified Paralegal Email: This e-mail may contain privileged or confidential information. If it is not meant for you, please delete it and notify us immediately. Please confirm receipt of time sensitive communications because email deliveries may be delayed or unsuccessful. We do not provide tax advice. Our communications may not be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. From: Kara Berard Rockenbach Sent: Wednesday, March 14 2018 4:11 PM To: Rachel Jenny Glasser Cc: Scott J. Link , Tina L. Campbell Subject: Fwd: Response to Motion for Partial Relief From Stay with Darren's Edits.doc EFTA00861909 I am fine with this version. Rachel any changes? In reading it again, I remain concerned about waiver or perhaps the door has been opened for us to file a new petition for writ of CERT - short and sweet — requiring Hafele to do his job on remand - even if the exhibits listing was late. He used the late disclosed as a reason for not reviewing them in Camera. He verbally ruled this way and we accept/adopt it: "Edwards inaccurately represents to this Court that the trial court determined that Epstein's possession of those communications was unauthorized and asserts as a matter of fact that those communications were attorney-client privileged or work product protected. However, the trial court never made any of thesedeterminations. Rather, the trial court refused to evaluate these issues, choosing instead to exclude the communications on the basis of what the Court believed was Epstein's untimely request to identifythem on his Exhibit List." How is this issue not ripe? I know Tina can rapidly place or fingers on the hearing transcript where he says ". not going to review these in camera." True we were denied the opportunity to thoroughly explore and debunk any claim of privilege, but this would give us the opportunity to show the appellate court these damning emails and get them to make trial judge do the review. Kara Berard Rockenbach Managing Shareholder LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Blvd., Suite 301 West Palm Beach FL 33401 office Email. 2, 1 SAQ This e-mail may contain privileged or confidential information. If it is not meant for you, please delete it and notify us immediately. Please confirm receipt of time sensitive communications because email deliveries may be delayed or unsuccessful. We do not provide tax advice. Our communications may not be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. EFTA00861910 Begin forwarded message: From: "Scott J. Link" Date: March 14, 2018 at 4:01:01 PM EDT To: Kara Berard Rockenbach Subject: Response to Motion for Partial Relief From Stay with Darren's Edits.doc please note The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to jeevacation@gmail.com, and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA00861911