EFTA01077375Set 9
2011-07-2125p7,381w
Financial Trust Company, Inc.'s and Jeepers, Inc.'s Motion In
Limine "To Exclude Extrinsic Evidence"; (2) a binder of exhibits cited in the
memorandum; and (3) a binder ... FINANCIAL TRUST COMPANY, INC. MOTION IN LIMINE "TO EXCLUDE
and JEEPERS, INC., EXTRINSIC EVIDENCE"
Counter-Claimants and Third-Party
Claimants
v.
FORTRESS VALUE RECOVERY FUND I
LLC,
Counter-Respondent ... Trust Company,
Inc.'s ("FTC's") (together, "Jeepers's") motion in limine "to exclude extrinsic evidence
EFTA01077376
related to the breach of contract claims against D.B. Zwim Special Opportunities Fund
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077375.pdf
EFTA00613999Set 9
2011-07-2125p7,382w
Financial Trust Company, Inc.'s and Jeepers, Inc.'s Motion In
Limine "To Exclude Extrinsic Evidence"; (2) a binder of exhibits cited in the
memorandum; and (3) a binder ... FINANCIAL TRUST COMPANY, INC. MOTION IN LIMINE "TO EXCLUDE
and JEEPERS, INC., EXTRINSIC EVIDENCE"
Counter-Claimants and Third-Party
Claimants
v.
FORTRESS VALUE RECOVERY FUND I
LLC,
Counter-Respondent ... Trust Company,
Inc.'s ("FTC's") (together, "Jeepers's") motion in limine "to exclude extrinsic evidence
EFTA00614000
related to the breach of contract claims against D.B. Zwim Special Opportunities Fund
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613999.pdf
EFTA01104798Set 9
2004-10-0160p17,336w
argument to support its interpretation of the contractual
language will hinge entirely on extrinsic evidence, e.g. the practice of other funds. To date, the
1604650v1 16
EFTA01104813
Fund ... filing
current with this Pre-Hearing Brief a Motion in Limine to Exclude All Extrinsic Evidence, and
any discussion of extrinsic evidence in this Brief is without prejudice and included ... have to read both an extensive Pre-Hearing Brief and Motion in
Limine.
Extrinsic evidence is irrelevant and should be excluded in this case for three reasons.
First, the terms
https://www.justice.gov/epstein/files/DataSet%209/EFTA01104798.pdf
EFTA01105263Set 9
2004-10-0160p17,309w
argument to support its interpretation of the contractual
language will hinge entirely on extrinsic evidence, e.g. the practice of other funds. To date, the
1604650v1 16
EFTA01105278
Fund ... filing
current with this Pre-Hearing Brief a Motion in Limine to Exclude All Extrinsic Evidence, and
any discussion of extrinsic evidence in this Brief is without prejudice and included ... have to read both an extensive Pre-Hearing Brief and Motion in
Limine.
Extrinsic evidence is irrelevant and should be excluded in this case for three reasons.
First, the terms
https://www.justice.gov/epstein/files/DataSet%209/EFTA01105263.pdf
EFTA00587012Set 9
2007-03-3143p7,946w
Unless the contract is ambiguous, a court applies the
plain meaning of the language. Extrinsic evidence is entirely irrelevant.
The Fund claims that each investment "created a separate `Capital
Account ... takes a strict
view towards interpreting contracts. Absent an ambiguity, one cannot
look at extrinsic evidence; the words on the page are the beginning and
the end of the matter ... Time:stamp: 7/20/2011 8:05 AM EDT
Even if Your Honor wades into the extrinsic evidence, it does not
help the Fund. At the outset, since the Fund drafted
https://www.justice.gov/epstein/files/DataSet%209/EFTA00587012.pdf
EFTA01127042Set 9
2007-03-3135p6,386w
Unless the contract is ambiguous, a court applies the
plain meaning of the language. Extrinsic evidence is entirely irrelevant.
The Fund claims is that each investment "created a separate
`Capital ... takes a strict view towards interpreting contracts. Absent an ambiguity,
one cannot look at extrinsic evidence; the words on the page are the
6
EFTA01127047
Tir 7/18/2011 ... outside the
documents to change the meaning.
Even if Your Honor wades into the extrinsic evidence, it does not
help the Fund. At the outset, since the Fund drafted
https://www.justice.gov/epstein/files/DataSet%209/EFTA01127042.pdf
EFTA01149747Set 9
2007-03-3135p6,386w
Unless the contract is ambiguous, a court applies the
plain meaning of the language. Extrinsic evidence is entirely irrelevant.
The Fund claims is that each investment "created a separate
`Capital ... takes a strict view towards interpreting contracts. Absent an ambiguity,
one cannot look at extrinsic evidence; the words on the page are the
6
EFTA01149752
Tir 7/18/2011 ... outside the
documents to change the meaning.
Even if Your Honor wades into the extrinsic evidence, it does not
help the Fund. At the outset, since the Fund drafted
https://www.justice.gov/epstein/files/DataSet%209/EFTA01149747.pdf
EFTA00613940Set 9
2009-03-0358p16,044w
Supports the Fund's Interpretation 28
2. Alternatively, the Language is Ambiguous, and the Extrinsic
Evidence All Favors the Fund's Reading 30
a) The Fund's Practice ... EFTA00613971
one. But even if the language is regarded as ambiguous, all of the extrinsic evidence
favors the Fund's reading.
1. The LPA's Language Supports the Fund ... purchased (i.e. each capital contribution
made)."
2. Alternatively, the Language is Ambiguous, and the Extrinsic
Evidence All Favors the Fund's Reading
The LPA calls for the application of Delaware
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613940.pdf
EFTA01114935Set 9
2009-03-0358p16,017w
Supports the Fund's Interpretation 28
2. Alternatively, the Language is Ambiguous, and the Extrinsic
Evidence All Favors the Fund's Reading 30
a) The Fund's Practice ... EFTA01114966
one. But even if the language is regarded as ambiguous, all of the extrinsic evidence
favors the Fund's reading.
1. The LPA's Language Supports the Fund ... purchased (i.e. each capital contribution
made)."
2. Alternatively, the Language is Ambiguous, and the Extrinsic
Evidence All Favors the Fund's Reading
The LPA calls for the application of Delaware
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114935.pdf
EFTA01112494Set 9
2010-03-2327p8,305w
pointed to, and
indeed cannot point to, one act either outside of or extrinsic to the litigation, mandating
Summary Judgment under the litigation privilege. Furthermore, as stated by the Wolfe ... assert any action "outside the context of the judicial proceeding, such
as . . . actions extrinsic to the litigation;" rendering his claims "not supported by the
material facts necessary to establish ... Epstein has
allegedly taken "outside the context of the judicial proceeding, such as .. . actions extrinsic
to the litigation." Suchite v. Kleppin, 2011 WL 1814665, p.■3 (S.D. Fla. 2011) (citing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112494.pdf
EFTA00028880Set 8
2016-01-1123p6,182w
district, to the extent that
the Court finds it necessary to consider extrinsic evidence, that evidence is in the hands of the
government and Epstein's attorneys—and thus ... lower standard than other provisions of a plea agreement.
11
EFTA00028894
consider extrinsic evidence of the parties' intent.' To the extent that the Court finds that
extrinsic evidence is relevant ... investigation.
The government's response to those crumbs illustrates why any consideration of extrinsic
evidence—which, as noted above, is unnecessary given the unambiguous text of the NPA—
should
https://www.justice.gov/epstein/files/DataSet%208/EFTA00028880.pdf
EFTA01735296Set 10
28p16,271w
charged or indicted. Because the warrant is equivocal, the
court is entitled to examine extrinsic evidence. Moreover this is an exceptional cast because the prosecutor
herself had made clear unequivocal ... these circumstances I am required to look to the warrant alone, and not to extrinsic evidence. It follows that
the evidence I have heard and read on this question ... argument on the purpose of the warrant.
5. In those circumstances the introduction of extrinsic factual and expert evidence should be
discouraged.
6. However, having looked at the extrinsic evidence
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01735296.pdf
EFTA01112467Set 9
2010-03-2327p8,263w
pointed to, and
indeed cannot point to, one act either outside of or extrinsic to the litigation, mandating
Summary Judgment under the litigation privilege. Furthermore, as stated by the Wolfe ... assert any action "outside the context of the judicial proceeding, such
as . . . actions extrinsic to the litigation;" rendering his claims "not supported by the
material facts necessary to establish ... Epstein has
allegedly taken "outside the context of the judicial proceeding, such as . . . actions extrinsic
to the litigation." Suchite v. Kleppin, 2011 WL 1814665, p.*3 (S.D. Fla. 2011) (citing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112467.pdf
EFTA01108095Set 9
2012-12-1725p5,451w
partner that already would be deemed
19 outside the litigation posit, extrinsic to the
20 litigation.
21 That's important, Judge, because in order
22 to prove any damages whatsoever ... protected
24 under the litigation action privilege, actions
25 that were taken extrinsic to or outside the
www.phippsreporting.com
e80f1917-26f9-4cfa-bba3-4354ecd33a52
EFTA01108107
14
1 litigation. The failure ... extremely 6:11 3:2 8:20 held 18:18
Drawer 2:15 extrinsic 13:19
foot 3:22 5:9 Highway 1:16
D drunk
https://www.justice.gov/epstein/files/DataSet%209/EFTA01108095.pdf
EFTA00749279Set 9
2010-06-1729p11,146w
exception, there are many
blatant abuses of privilege which cannot be substantiated by extrinsic evidence. This is particularly true . . . of ..
. situations in which an alleged illegal proposal is made ... C420 153
(Super.Ct.Cal.), p. 52. That claim was supported by several declarations and other extrinsic evidence. The
Government noted, however, that "the tape recordings themselves would . . . be the best evidence ... make [the crime-fraud] determination," id. at 74, and concluded
EFTA00749291
that the extrinsic evidence was not sufficient to make out a prima facie case that the crime-fraud exception
https://www.justice.gov/epstein/files/DataSet%209/EFTA00749279.pdf
EFTA00024954Set 8
2013-02-0228p4,678w
argue
that some statement made to Dr. Hall satisfies the multiple prerequisites for introducing extrinsic
evidence of a prior inconsistent statement. See generally United States v. Ghailani, 761 F. Supp ... Victim-4, the rough transcript of his interview with her cannot
become admissible as extrinsic evidence of Minor Victim-4's statements regardless how she
testifies. That label—"rough transcript ... Because the rough transcript is not a verbatim transcnpt, rt cannot be offered as extrinsic
evidence of prior inconsistent statements. See United States v. illmonte, 956 F.2d
https://www.justice.gov/epstein/files/DataSet%208/EFTA00024954.pdf
EFTA00598448Set 9
2012-12-1725p5,425w
partner that already would be deemed
19 outside the litigation posit, extrinsic to the
20 litigation.
21 That's important, Judge, because in order
22 to prove any damages whatsoever ... protected
24 under the litigation action privilege, actions
25 that were taken extrinsic to or outside the
Tfi
e80f1917-26f9-4cfa-bba3-4354ecd33a52
EFTA00598460
14
1 litigation. The failure ... extremely 6:11 3:2 8:20 held 18:18
Drawer 2:15 extrinsic 13:19 foot 3:22 5:9 Highway 1:16
D drunk
https://www.justice.gov/epstein/files/DataSet%209/EFTA00598448.pdf
EFTA00292433Set 9
46p28,194w
time
subsequent to the date of this offering memorandum. In the event that any extrinsic information provided or statements
made, including any information provided or statements made in the white ... statements contained herein, the information and statements herein shall control and supersede any
such extrinsic information and statements. In particular, you must not rely upon or evaluate, without limitation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00292433.pdf
EFTA01041790Set 9
2017-06-292p540w
complaint that I don't
believe Edwards can refute because they are based on extrinsic evidence and testimony of Brad's own client. I
know you want to stay away ... aware in the Razorback Complaint. It may have come from Scherer himself, but without extrinsic
evidence to establish that it was shown to investors, all we could have at best ... information from Sherer. That then becomes more a matter of Jeffrey's word than extrinsic evidence. So, I
beefed up the facts about the LM complaint using the quote from
https://www.justice.gov/epstein/files/DataSet%209/EFTA01041790.pdf