EFTA00970600

From: Tonja Haddad Coleman < To: "Jack Scarola CC: "Brad Edwards "Mary E.Pirrotta" DeeSoli , Debbie Fein Subject: Motion and Proposed Order Date: Thu, 12 Sep 2013 15:14:25 +0000 Mr. Scarola: Please see responses to each of your inquiries below: I. Does Epstein intend to respond substantively to the discovery that you claim to be the basis for the assertion of an advice of counsel defense. Assuming leave to amend the the Affirmative Defenses is granted, or that it is agreed to, Epstein intends to respond to your discovery to the extent that a response is consistent with his assertion of the defense. If it is not granted, or you do not agree, we will object to your Interrogatories of August 20, and to all discovery, subpoenas, and deposition notices you served yesterday. 2. Will you seek a continuance of the trial on grounds that if the amendment is permitted, the case will no longer be at issue. Yes, especially in light of the fact that you have requested discovery on this issue to which responses are due after the cut-off date. If it is not continued, we will object to all discovery, subpoenas, and deposition notices you served yesterday. 3. Do you concede that the assertion of an advice of counsel defense constitutes a waiver of attorney client privilege as to all communications between Epstein (and anyone acting on his behalf) and all attorneys from whom he sought or received legal advice regarding the basis for and viability of any claim or potential claim against Bradley Edwards. I concede nothing, but do agree that there may be some limited discovery to which you are entitled, consistent with the law as to the advice of counsel defense, if it is asserted by my client. If you do not agree to the amendment, please provide dates upon which you are available for UMC for Epstein's Motion for Leave to Amend to be heard. I am available September 24. Thank you. Tonja Haddad Coleman, Esq. TONJA HADDAD, P.A. Advocate Building 315 SE 7th Street Fort Lauderdale, FL 33301 (954) 467-1223 (954) 337-3716 facsimile Please add this efiling address to all pleadings: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review. dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. EFTA00970600 EFTA00970601