1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 went back. It was the last week in January. It was retrieved on February 27th, and I believe the file was picked up on March 1st. Q Did anyone at Fowler White review the contents copy of the CD that Fowler White retained that was entitled "Epstein Bate Stamp". A No. Q Of the -- strike that. While Lilly Ann Sanchez was -- was working as an attorney at Fowler White in 2010 was she a shareholder? A Yes. Q Is the same title true for Joe Ackerman? A I don't know if he was a shareholder in 2010 or not. Q How about Chris Knight? A Yes. Q Is David Tobin still in the same position now that he held then? A I don't know if his title has changed, but his function is the same. Q Did you find any emails between David Tobin and Joe Carney directly? A No. Q Were there any emails between Judge Carney Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803732

1C2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and anyone at Fowler White during the year 2012? A I don't know. Q All of the emails that you were able to locate between Fowler White and Judge Carney have been produced? MR. IANNO: Object to form. THE WITNESS: All the emails between Fowler White and Judge Carney which referenced the handling of the disc have been produced. BY MR. EDWARDS: Q Were there emails between Fowler White and Judge Carney that reference issues other than the handling of the disc that you reviewed? A I believe there were emails regarding the privilege log and how that was to be handled. There were some issues regarding him filing an entry report of some kind that I saw in there. There were matters going on with him for a period of time. I don't know the dates of those. BY MR. EDWARDS: Q Any other issues that you remember seeing between Judge Carney and Fowler White? A I'm not sure there were issues between Judge Carney and Fowler White. I just saw on the circulation Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803733

103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 list where these matters were before Judge Carney and we were on the email chain. Q The three categories, I think you called them, of documents irrelevant, attorneys' eyes only, those were documents that were hard copies received back from Farmer Jaffe by Fowler White, to your knowledge? MR. IANNO: Object to the form. THE WITNESS: That's my understanding. BY MR. EDWARDS: Q And then there were documents logged on a privilege log which were not provided to Fowler White. A That is my understanding. Q And so other than the handling of the CD that we discussed, the other issues that you remember being discussed between Judge Carney and Fowler White related to the filing of the privilege log and the issues dealing with the privilege log and his interim report? MR. IANNO: Object to form. THE WITNESS: I think there are issues regarding jurisdiction and who was to be hearing the matter going forward. I wasn't paying any attention to the contents because I was focused on trying to see is there any mention regarding the disc or these Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803734

04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 particular documents. That's what I was looking for. You know, if I happened to see other information while I was reviewing the emails for that, you know, I may have a recollection of it, as I mentioned right now. BY MR. EDWARDS: Q Was there anything in Fowler White's possession that you knew was something that was written -- handwritten by Special Master Carney? A I don't recall seeing anything that I knew for sure that was written by Judge Carney. Q Were you ever able to identify the handwriting that was on the copies of the file folder that you received? A No. Q I don't have anything else. MR. SCAROLA: I have a few follow-ups. MR. IANNO: Mr. Link, do you have any questions? MR. LINK: I just have a couple, but I don't mind waiting. MR. SCAROLA: That's okay. Go ahead. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803735

105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CROSS-EXAMINATION BY MR. LINK: Q Mr. Hurley, would you take a look at B7, please, that was marked by Mr. Scarola? If you look at -- take a look at page two, Mr. Hurley, if you would. Maybe you can help me understand -- because we have been talking about a disc that is the subject of this contempt proceeding that had 27,524 pages on it, I believe. If you look at paragraph six, this is a motion that was filed by the firm Farmer, Jaffe, Weissing Edwards, Fistos and Lehrman. It says the trustee has produced to that law firm two discs that contain approximately 74,000 pages. Do you see that? A I do. Q As you sit here, do you know how many pages were on the disc that were delivered by Judge Carney to the Palm Beach office of Fowler White that were sent to the Miami office of Fowler White to be reproduced? A I know that we produced approximately 27,000 pages of documents. Q Do you know if there were -- as you sit here, it says that the corporate rep for Fowler White -- what paragraph six is referring to regarding two CDs which Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803736

106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contain approximately 74,000 pages that were produced by the trustee to Farmer Jaffe? A I don't. Q If you look at paragraph seven, there is a third CD that was produced by the trustee to Farmer Jaffe that was corrupted. Do you see that? A I see that. Q If you look at paragraph eight, Farmer Jaffe is making request for additional days to complete a privilege log, because based on the two CDs that were not corrupted and whatever additional pages were on the corrupted CD, they would have at least 74,000 page to review. Do you see that? A I see that. Q Do you have any knowledge as Fowler White's corporate representative that Fowler White received 74,000 pages from the Farmer Jaffe firm? A I do not. MR. LINK: I have no further questions. MR. IANNO: Mr. Scarola. REDIRECT EXAMINATION BY MR. SCAROLA: Q When did it first come to Fowler White's attention that it was in possession of a CD that contained information that was subject to restrictions Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803737

107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 included within the November 10 order? MR. IANNO: Object to form of the question. THE WITNESS: One more time for me, please. BY MR. SCAROLA: Q When did it first come to Fowler White's attention that it was in possession of a CD that was subject to the November 10 order of Judge Ray? MR. IANNO: Object to the form of the question. Assumes fact not in evidence, proper hypothetical, argumentive. THE WITNESS: I presume you're talking about after the December 10th, 2010 issues. BY MR. SCAROLA: Q Yes, sir. A Are we talking about what led to -- Q The contempt proceeding. When did it first come to Fowler White's attention that it possessed a CD in violation of the November 10 order of Judge Ray? MR. IANNO: Object to the form of the question. THE WITNESS: On or about March 8th. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803738

108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Of what year? A This year. Q How did it come to your attention? A I received a heads-up -- it was either a call or an email from Mr. Link saying that there was an issue with something that was contained in our file that we produced. Q Did Mr. Link or anyone from Link & Rockenbach ever asked Fowler White how it came to be in possession of a CD with allegedly privileged emails on it? MR. IANNO: Object to form. MR. LINK: You can answer yes or no. That's it. THE WITNESS: Yes. BY MR. SCAROLA: Q When? MR. IANNO: Just answer when. MR. LINK: Answer when. THE WITNESS: About the same time frame. BY MR. SCAROLA: Q Approximately March 8th. A After the initial advice of the issue, yes. Q And was it Mr. Link who raised that issue Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803739

1C9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with you on approximately March 8th? A I believe so. Q I'm going to request that the package of documents produced by you this morning be marked as Exhibit C. (Exhibit C was marked for identification.) BY MR. SCAROLA: Q Describe to us, if you would please, what is contained within Exhibit C? A Exhibit C contains the materials, that in conjunction with our attorneys, we deem to be in our possession and responsive to the duces tecum part of the notice of today's deposition. Q Are all of these documents documents that were located by you within the business records of Fowler White? MR. IANNO: Object to form. THE WITNESS: I believe they all came from our file materials. BY MR. SCAROLA: Q Is it correct that they have not been changed or altered in any way since they were originally included in the files? A We have not modified anything. MR. IANNO: Long half hour by the way. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803740

110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You must be billing by the hour. MR. SCAROLA: It's gonna get a little longer. THE WITNESS: There are a lot of red marks in this file that appear spontaneously. BY MR. SCAROLA: Q Did Fowler White retain any of the documents that were delivered -- retain copies of any of the documents that were delivered to Link & Rockenbach? MR. IANNO: Object to form. Asked and answered. THE WITNESS: Of the documents in which they asked for hard copies, a copy of those was electronically put into my restricted general counsel file. BY MR. SCAROLA: Q Did Fowler White retain a copy of any of the discs that were turned over? A No. Q It appears from the documents included within Composite Exhibit C, that, at the time of the delivery of documents to Link & Rockenbach, an inventory was prepared of those documents; is that correct? A The inventory that was mentioned in the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803741

111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 emails is basically our closed file inventory index with the details removed from that. It's listed by box number, I believe. And that was what was assigned upon delivery. MR. LINK: Let me just make sure I understand. You did not produce to Mr. Scarola an index of documents that I and my staff selected? THE WITNESS: No. MR. LINK: Okay. THE WITNESS: There is no such index. MR. LINK: Okay. I just want to make sure my work product wasn't being shared. BY MR. SCAROLA: Q There were two deliveries to Link & Rockenbach, correct? An initial delivery that consisted of specifically requested documents tabbed by Mr. Link at the time of his first review of the files. A That's correct. Q And then a subsequent request was made for all of Fowler White's Epstein-related files, and a second delivery occurred of all of the files, correct? MR. IANNO: Object to form. THE WITNESS: With the exception of -- Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803742

112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q With the exception of correspondence A And billing. Q -- and billing. A Correct. Q And at the time of that second delivery, an inventory was compiled, correct? MR. IANNO: Object to form. THE WITNESS: The index from the closed file which listed the various boxes was modified for signature by the courier who was picking up the boxes from our office to reflect box numbers being delivered. BY MR. SCAROLA: Q Did that inventory include anything that -- other than the box numbers? A There was no description of what was being delivered other than box numbers. Q Mr. Link requested of you personally the confidentiality agreement that was in effect with respect to this case, correct? A That is correct. Q How did you respond to that request? MR. LINK: You can answer how you responded, not what you responded. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803743

113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I'm not sure if I responded in writing or whether I discussed it with him on the phone. BY MR. SCAROLA: Q And what was your response? MR. IANNO: Object to the form. instruct you not to answer. Attorney-client privilege, joint defense work product and outside the scope. Doesn't have anything to do with the chain of custody of the disc. You want to join? MR. LINK: Join. Almost everything you do. MR. EDWARDS: You don't want to carve anything out. MR. LINK: Anything inappropriate I don't join. MR. IANNO: We are on the record here. BY MR. SCAROLA: Q The number of the boxes delivered to Mr. Link was 44. A I didn't count the boxes. Q Let me hand you from Exhibit C this particular page. MR. IANNO: You want to just give him Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803744

11'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Bates number? MR. SCAROLA: Yes. 110. How kind of you. MR. IANNO: Make it simple. That way you don't have to give up your copy. THE WITNESS: The answer to your question is no. BY MR. SCAROLA: Q What is the reference to 44 boxes? A That is the total number of boxes in the file, which would have include boxes containing billing records and correspondence. Q Which would lead one to believe that if 36 boxes were delivered to Mr. Link, there were eight boxes of billing records and correspondence? A I believe there were eight boxes of billing records or correspondence, which you're seeing in my office right now. Q Bankers Boxes? A Yes. Not good for the decor. Q There was a second group of documents. Those are the ones there? May I see them? MR. LINK: For the record, these are the documents, Mr. Ianno, that you did not provide me a copy of. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803745

115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: I don't think they're responsive yet. But I'm happy, if Mr. Scarola wants to deem them responsive, to provide you with a copy and make them part of the production. MR. SCAROLA: I will tell you shortly. BY MR. SCAROLA: Q When were the copies in this package made? A I believe yesterday. Q From what were they made? Were they printed from a CD? A No. When I was reviewing areas in my general counsel file to make sure that we had been as inclusive as possible in responding to the duces tecum, I was going through the copy of documents produced that I kept in my file to Mr. Link, the one we referenced a few minutes ago at the time of the January review. And I wanted to look at the -- what was there and see specifically if there was anything in the box where this folder was maintained. And when I opened the copy, I saw that there appears to be other documents that were there as well. The first page was an email from Brad Edwards. There was a Bates stamp on the bottom. I closed the file and picked up the phone and called Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803746

116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our lawyers. MR. IANNO: That's it. That's where the documents came from. MR. LINK: Can you help me better understand? Are these -- MR. SCAROLA: How about if he helps me better understand first and maybe that will help you, but let me finish my question. MR. LINK: I can live with that. MR. SCAROLA: Thank you. I appreciate it. BY MR. SCAROLA: Q I don't understand. A When, as I testified earlier, a copy of the hard copies of the documents delivered to Mr. Link's firm were put electronically into my restricted general counsel file. Q You need to stop there for me, okay? Where are these copies coming from? A Our copier center. MR. IANNO: I think he's saying where are the -- the documents were in the file. THE WITNESS: These are documents that were delivered -- that Mr. Link's firm had tagged for production the first time -- Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803747

117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after coming to our office the first time in January. BY MR. SCAROLA: Q So there were hard copies -- MR. LINK: Mr. Scarola, hang on just one second. So you're sharing with Mr. Scarola documents that I selected that would be part of my work product. Is that -- MR. IANNO: Let's take a break. MR. LINK: I object to that. I don't know what's in there. But anything I put a sticker on is my work product. MR. IANNO: Let's take a break. We have to discuss this. THE VIDEOGRAPHER: Going off the record. The time is 1:14 p.m. (A recess was had.) THE VIDEOGRAPHER: Going back on the record. The time is 1:22 p.m. BY MR. SCAROLA: Q Could you explain to us, please, the origin of documents Bates stamped FW0000183 through 215? MR. LINK: Before he does that, Mr. Scarola, I would like to see what it is Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803748

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that we are talking about because of my concern that Fowler White kept a copy of my work product, those documents that I selected for copying, which I was unaware of -- I believe I was unaware of -- and then searched those documents to respond to the subpoena that you issued. So I'm the only who hasn't seen what everybody is talking about, and I would like to -- MR. SCAROLA: No, you're not the only one who hasn't seen them. Pursuant to instruction, I haven't seen then either. And before I agree that they can be turned over to you, I want to know what they are and where they came from. MR. IANNO: So where they came from is Fowler White's files. MR. SCAROLA: Yes. But that doesn't tell me where they came from in order to get into Fowler White's files. MR. IANNO: You can ask him. Do you know where these documents originally came from? THE WITNESS: I have no idea where they Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803749

119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 came from. BY MR. SCAROLA: Q Do you know whether any of these documents are documents that were contained on the CD that was turned over to Mr. Link? A I do not know. Q Were these documents documents that were in Fowler White's files in hard copy at the time that the Fowler White files were reviewed by Mr. Link? A I believe they were in our files then. Q So these are copies of what was in Fowler White's files that Mr. Link requested be copied at the time he reviewed those files; is that correct? MR. LINK: Hold on. So this is the work product issue that I'm not waiving. MR. IANNO: We are going to instruct him not to answer based on that. You're getting into the selection process. If they were in the files, he has answered that. MR. LINK: I can stipulate to this, Mr. Scarola, because I'm not trying to hinder what you're doing. I just don't want to share my work product. I will say that every document that we Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803750

120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 copied and was delivered would have been in the file at the time I looked at it. There was no source other than the documents that Mr. Hurley put in the conference room. Does make sense? BY MR. SCAROLA: Q Looking at these documents, there are approximately 30 pages here. A Okay. Q Mr. Link, by virtue of his own testimony, clearly asked for more than 30 pages to be copied and delivered to him, correct? MR. LINK: That's fine. THE WITNESS: Yes. MR. LINK: Hundreds of pages. BY MR. SCAROLA: Q How did this subset of documents come into existence? From all of those documents that Mr. Link asked to be copied, how did this subset of documents come into existence? MR. IANNO: I'm going to instruct him not to answer, but I will tell you this. Those are documents that we deem may be responsive to your subpoena -- to your notice. That's how they came into Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803751

121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 existence, because counsel went through and collected documents in order to comply with the notice. Don't make an assumption -- BY MR. SCAROLA: Q How large -- MR. IANNO: Don't make an assumption that -- I will leave it at that. BY MR. SCAROLA: Q How large a volume of documents was reviewed from which these approximately 30 pages were selected? MR. IANNO: Don't answer. That's going to be -- you can answer, generally, how many pages you reviewed to comply with the notice, but not how many you selected of that, because we have another 181 pages that were produced that I didn't have a question on. You can answer generally how many pages you reviewed in preparation for the response to the duces tecum. THE WITNESS: I can't even give you a rough estimate of how many pages I looked at. BY MR. SCAROLA: Q What is the distinction between the documents Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803752

122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that are a part of Composite Exhibit C and these 30 pages? A Those are documents I saw that had a Bates stamp number on them different and apart from other Bates stamps schemes that we had for documents in the file. It's my understanding -- I have never seen a document printed from the disc. Even though they were not brought to the mediation, I specifically didn't look at them. But I understood they were Bates stamped with consecutive numbers on them. They had no other designation. I saw there was an email on page one from Brad. It had a numbered Bates stamp on the bottom. I then flipped to the next page electronically and saw that also was an email concerning Brad with a Bates stamp, and I closed the folder and I picked up the phone. MR. LINK: Mr. Scarola, do you mind sharing with me? Are those Bates stamps at the bottom of the documents. MR. SCAROLA: There are two Bates stamps on some of these pages, not all of them. There's an FW Bates stamp, which I assume to be Fowler White. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803753

123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: That's correct. MR. SCAROLA: And then above that on some of these pages is a second unlettered Bates stamp number. And for the record, those numbers are 03005, 03114, 05111, 05629, 06198, 06577, 07965, 09335. 09336, 10965, 10966, 12291, 19661, 26480, 01686, 02620, 0 -- excuse me -- 10586, 02913, 03082, 05952. An un-Bates stamped page, which is, FW204. MR. IANNO: It is not just a blank page. MR. SCAROLA: It's not a blank page. MR. LINK: I thought they were sequential. They are not sequential? MR. SCAROLA: Oh, no. They are sequential -- the Fowler White numbers are sequential -- MR. LINK: But not the other Bates stamps. MR. SCAROLA: Page 206, no Bates stamp. 207, no other Bates stamp. 208, no other Bates stamp. 209, no other Bates stamp. 210, no other Bates stamp. 211 is 26762, 27494, 05676, 08355, 08420. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803754

24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That completes the recitation of the Bates stamped numbers of the documents included in this package. MR. LINK: Mr. Scarola, do you mind if we ask Mr. Hurley which of the duces tecum items he thought these were responsive to? MR. SCAROLA: No, I don't mind that. MR. IANNO: He's not going to answer. You're not going to get into his mental impression of counsel. MR. SCAROLA: Well, I don't think that that's mental impressions at all. In a request for production, you're required to coordinate the produced materials with the specific item that's requested, and I don't know why it would be any different for a duces tecum. So -- MR. IANNO: Or, in the way they were kept in the ordinary course of business. Mr. Hurley go ahead and answer, if you can. MR. LINK: You have the duces tecum -- THE WITNESS: I understand. They were contained, apparently, in our file at the time that the file was made available for Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803755

125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 viewing by somebody else. I don't know what those documents are. Again, I haven't looked at them. But I had concerns from what I saw on the top of them. And I thought potentially that might fall under -- I believe it was paragraph six -- dissemination. BY MR. SCAROLA: Q What did you see at the top of the documents that alerted you to -- concern about these documents? MR. IANNO: Asked and answered. THE WITNESS: It had Brad Edwards' email up there. MR. LINK: Mr. Scarola, can you for the record state -- I can see on the first page it says something. What does that say? MR. SCAROLA: It says, J. Carney, dash, Printing of CD Issue. BY MR. SCAROLA: Q Do you know whose handwriting that is? A I have no idea. Q Was this part of the documents inside some folder? A I have no idea. I saw them electronically. I'm presuming they were. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803756

126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LINK: Jack, do you mind if I ask a question, see if we can -- MR. SCAROLA: Go ahead. RECROSS-EXAMINATION BY MR. LINK: Q So, do I understand that, in responding to this subpoena duces tecum, sir, by Mr. Scarola, on behalf of Mr. Edwards, that you did a search of the documents that are maintained on your general counsel section of your computer, and that those documents were a set of everything that my law firm asked to be copied? A It is my understanding they were included within those documents. Q Were there other documents contained within the set on the computer that you searched, other than documents which I hand selected? A I'm not sure I understand the question. Q Well, I'm trying to understand if the documents on your computer that you searched were the only documents that were there because I hand selected them, or were there other documents from the files in there as well. A Actually, no. It contained emails from our files. It was -- it was a number of electronic Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803757

127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents. This was a very small subset of everything that was in there. Q No, no. What I'm trying to understand is if the parameters -- the documents you searched included only the documents that we would have put stickers on at the time we reviewed them, or the documents we put stickers on and additional documents from Fowler White's files that you included A It's broader. Q It is much broader. A It's much broader. They were a small part of what I reviewed. FURTHER REDIRECT EXAMINATION BY MR. SCAROLA: Q Are these documents a subset of documents that only included documents reviewed by Mr. Link? MR. IANNO: Object to the form of the question. You can answer. THE WITNESS: The way I located them were within a subsection of those documents. BY MR. SCAROLA: Q The Link-selected documents? A Yes. Q These particular documents were chosen from that subset based upon the fact that they had Brad Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803758

128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Edwards' name at the top of the documents? A A little bit more than that. Q What more than that? A I saw the cover sheet that is on the first page of that, and saw that that was similar to the cover sheet of the disc that apparently is the source of all of this controversy that had been provided to me earlier, that said Judge Carney - Printing Issue. Then as I opened that, I saw that there were 31 total documents, I believe. And so I looked at the next document to see what the next document was, and that's when I saw Brad Edwards and the Bates stamp. And it was the proximity of the two within what I was looking at that actually made me concerned. So are these documents all of those documents that fell within some subfile labeled Judge Carney Printing of CD Issue? MR. IANNO: Object to form. THE WITNESS: That I don't know. They were found together in what I reviewed. BY MR. SCAROLA: Q When you say they were found together, what does that mean? A Again, I'm looking at documents that are Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803759

129 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 electronic. Q Yes, sir. A There is a folder there. The first document of the folder has the first page for you, the Judge Carney - Printing Issues. I open the folder. I see that. I look at the top, I see there are 30 others documents. Turn the page, go flip the page to page two, electronically through the folder. That's when I see the Brad Edwards email and the number at the bottom. I go to page three, I see another Brad Edwards email, number at the bottom. The fact that they were Brad Edwards emails with numbers at the bottom, and the fact that they were in proximity to something which is similar to the folder, I got concerned. Q Did the folder contain any documents other than those documents in the Bates stamp range 183 through 215? A I don't know if those were actually in the folder. The electronic folder -- Q That's my next question. A Okay. Q Did the folder contain anything other than documents in the Bates stamp range 183 through 215? MR. LINK: Object to form. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803760

130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: The folder -- I don't know what was in the folder itself -- the hard folder. If you are talking about the original hard folder, I have no idea, other -- BY MR. SCAROLA: Q I'm talking about the electronic folder that you were reviewing. A The electronic folder that I was reviewing, you have a complete copy of everything that was in it. Q Okay. There was nothing in the folder that is not included in this package. And there is nothing in this package that was not included in the folder; is that correct? MR. LINK: Object to the form. BY MR. SCAROLA: Q This is the entire a copy of that entire folder. A Correct. Q How did this -- how did this folder get created? MR. IANNO: Object to form. THE WITNESS: Mechanically, I don't know. It was, again, in my general counsel file as being part of the documents which Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803761

I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were copied. BY MR. SCAROLA: Q By Mr. Link -- well, copied at Mr. Link's request? A Yes. Q So this particular folder did not exist until Mr. Link requested documents in 2018? A The electronic folder? Q The electronic folder. A No. Q It did not exist until then? A Absolutely not. Q And you have no idea how all of these documents wound up in the same folder? A I do not. Q Do you know who created the folders? MR. LINK: Are we now talking electronic folder? MR. SCAROLA: Yes. The electronic folder. THE WITNESS: The electronic folders were created by the copy center as they were copying the documents. And they were created and kept together as they were presented for copying. So there is -- Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803762

132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whatever -- they received those together and they kept them together. MR. LINK: Can you ask him what he means by they received these together? BY MR. SCAROLA: Q The copy center received groups of documents that were marked by Mr. Link and kept the documents in the same groups in electronic folders. A The documents came from a box. The documents were kept with the boxes at the time of copying. The selected documents were kept. They were put into folders by box number. And this is the entire contents of that particular box number. MR. LINK: Mr. Scarola, to help you -- I am not going to share what I selected -- but the process was there were 36 boxes or something in there -- and like all production, we put stickies on certain documents for them to copy and left. So the concept that he's describing of folders and things that they created is and I don't know what you're looking at -- but is inconsistent with what we did, so I don't fully understand what he did based on the way we went about putting stickers on Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803763

133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 various documents. MR. SCAROLA: Is that your handwriting? MR. LINK: No. MR. SCAROLA: Is it your paralegal's or assistant's handwriting? MR. LINK: No. Why would our handwriting be in their file? MR. SCAROLA: Well, it would in their file if you designated for copying a group of documents that you labeled Judge Carney Printing of CD issue. MR. LINK: It's not my handwriting and it's not Tina's. MR. IANNO: Okay. So we're not going to speculate. BY MR. SCAROLA: Q Do we have any idea where page 0000183 came from? MR. IANNO: You have already asked him. You can answer it again. THE WITNESS: The answer is no. MR. IANNO: There's the answer. BY MR. SCAROLA: Q Yeah. But there's more. No but what? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803764

134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I think when I saw it, it looked similar to me as to the folder. That's all I can say as far as that was maintained in our file. Q So were there other folders with similar handwriting on them? A I didn't do that kind of review. Q Well, what do you mean that it is similar to other folders? A What I meant was, the title -- the words on there were similar to the index our closing index, the Judge Carney - Printing Issue. So there was a folder in our file that said Judge Carney - Printing Issue. Q And an indication on the inventory that was prepared back in 2014 that corresponds to this label; is that correct? A Yes. MR. LINK: Not my handwriting. BY MR. SCAROLA: Q And when these documents were turned over to Mr. Link, they were turned over with page 0000183 included in what was turned over to him, correct? A I don't know. I don't know. Q What I thought that you were reviewing were documents that were turned over to Mr. Link. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803765

135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was reviewing electronic files in my general counsel file that contained those documents. Q Turned over to Mr. Link? A That were copied. Q That were copied for purposes of turning over turning them over to Mr. Link? A That is my understanding, yes. MR. LINK: Mr. Scarola, you're starting to review them. MR. SCAROLA: Yes, I am. MR. LINK: Let me ask you to pause, please. MR. SCAROLA: I have. How long this time? MR. LINK: I haven't seen them. But my concern is that they have been selected from, obviously, my work product; that they made a copy of -- I was unaware of -- and searched. But I'm still not sure I understand, whatever these documents are, the relevance to the duces tecum and the issue in the contempt proceeding. So if you can if you can tie that you haven't looked at them either -- Can you tie that in for us, Mr. Hurley, Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803766

136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so that I understand why you think these particular documents -- because all I've heard you say is they have Brad Edwards' name. I have hundreds of emails with Brad Edwards' name on it that have been produced in this case. I have thousands of pages of documents that have been produced in this case with Bates stamp numbers on them. So based on that description, there's nothing about that that says to me these documents might fit within the subpoena duces tecum. If they do, they do. And I don't have a problem with it. But as I sit here, I am at a loss, because your description doesn't tell me anything more than thousands of documents that I have seen in the normal course of this litigation. MR. IANNO: There is no question, so MR. LINK: I'm just asking why did you pick these versus the thousands that -- MR. EDWARDS: He is asking a question. MR. LINK: How do they get to the subpoena duces tecum? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803767

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: He answered that. Number six. MR. LINK: Can I see number six, please? MR. IANNO: And my suggestion is, if you guys want to fight over this, we will hold them back and you can go -- MR. LINK: I don't think we're fighting. We're trying to understand, at this point. MR. IANNO: Nothing to understand. MR. SCAROLA: Really? MR. IANNO: Yes. He has explained it. MR. SCAROLA: Really? MR. IANNO: Yes. MR. LINK: Mr. Scarola, you remember what number six says? MR. SCAROLA: That's the one I didn't memorize. MR. LINK: Number six says, "Documents sufficient to identify whether, when, and to whom the subject discs, copies of the subject discs or any data derived from the discs were disseminated." And so I'm trying to understand what it Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803768

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is about these documents, Mr. Hurley, that you think is responsive to showing that Fowler White -- that these documents demonstrate something about how Fowler White disseminated the disc. MR. IANNO: And he answered that. MR. LINK: He did? MR. IANNO: Yes. MR. LINK: All I heard was, I saw Brad Edwards' name. MR. IANNO: That's one. MR. LINK: And I saw Bates stamps at the bottom. MR. IANNO: That's two. And the file folder -- and the word -- asked and answered. MR. LINK: The first page, it says, Judge Carney. MR. IANNO: Right. You can ask him if there's anything else other those three, because that's what he's already testified to. MR. LINK: Mr. Scarola, I would suggest this. Why don't we mark it. Why don't you and I look at it together with an agreement Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803769

139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that whatever is in there won't be a waiver of my work product or any -- if -- maybe these are attorney-client or work product of Mr. Edwards' that we're fighting about -- I won't use that as an additional waiver argument. So at least we know what we are talking about. MR. SCAROLA: I can't agree to that until I look at them. MR. LINK: But I can't let you look at them without my looking at them because I have my own work product. MR. SCAROLA: I will agree that my looking at them is not a waiver of your work product. MR. LINK: Generous of you, but I think we have to look at them together or give them back and then we can go to Judge Ray and see what Judge Ray says. MR. EDWARDS: But these are all documents that you got, so presumably you have them. MR. SCAROLA: And you still have them. MR. EDWARDS: You still have them. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803770

140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCAROLA: And you have the numbers. MR. LINK: I probably do. But I don't want to have turned them over and have them part of this as a waiver of my work product. MR. SCAROLA: Yes, sir. And that's what I'm agreeing will not be argued. We all have them -- MR. LINK: But I wanted to see -- MR. SCAROLA: It's not a waiver of your work product. MR. LINK: I got it. But I wanted to see what they are, because, obviously, it's a selection of documents that I made. I don't know what they are. So my offer still stands. MR. EDWARDS: Do we know whether these are documents from the privilege log? MR. LINK: He couldn't know. Nobody has looked at them. MR. EDWARDS: I know. But we have a privilege log that has Bates numbers on here. We have documents that have Bates numbers on them. Has anybody looked at the Bates numbers, not the contents of the documents, but the Bates numbers to match Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803771

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Bates numbers? MR. IANNO: We have not. THE WITNESS: Joe, let's talk for a second. MR. LINK: I don't think anybody has done anything. The other issue with that, Brad, is THE VIDEOGRAPHER: Going off the record. The time is 1:50 p.m. (A discussion was held off the record.) THE VIDEOGRAPHER: Going back on the record. The time is 1:51 p.m. MR. SCAROLA: We have just been informed that some of the documents included within the still-unmarked composite labeled "J. Carney-Printing of CD Issue," based upon the Bates stamp numbers, are documents that appear on the Farmer Jaffe/Brad Edwards privilege log, correct? MR. IANNO: He doesn't know that. MR. SCAROLA: You know that, Mr. Ianno. MR. IANNO: No. We know that because -- I don't know that personally, but that's my understanding, is that we checked, and that some of those do. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803772

142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Hurley, specifically, did not do that to avoid knowing any of the contents of those documents. BY MR. SCAROLA: Q Do we have any idea of how hard copies of privilege log documents were contained within the Fowler White files in 2018? A No. Q Do you agree that they shouldn't have been in there? MR. IANNO: Object to form. THE WITNESS: Without knowing how they came to us, the answer is I'm not sure I can answer that. MR. SCAROLA: Let's you and I talk a moment. THE VIDEOGRAPHER: Going off the record. The time is 1:53 p.m. (A recess was had.) THE VIDEOGRAPHER: Going back on the record. The time is 2 p.m. MR. SCAROLA: The parties have agreed that review of the documents that will be marked as Exhibit D to this deposition will not constitute a waiver of either Mr. Link's Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803773

143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work product privilege or any privilege asserted by Brad Edwards or Farmer Jaffe over the documents themselves. We will also agree that this exhibit be sealed and neither we nor you, Mr. Link, will retain a copy of this exhibit. We will review it here. We won't retain a copy. MR. LINK: I agree with that. MR. SCAROLA: You got it. MR. EDWARDS: So we are going to mark that as -- it's a sealed attached -- MR. SCAROLA: We are going to mark this as sealed attached exhibit. We have made two copies to facilitate our looking through it, but we are going to turn the copy -- the sealed copy over to the court reporter, and the other copy goes to you to be shredded. And you will be held in contempt if we find that you've retained a copy of the copy. (Exhibit D was marked for identification.) THE VIDEOGRAPHER: Going off the record. The times is 2:02 p.m. (A recess was had.) THE VIDEOGRAPHER: Going back on the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803774

144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record. The time is 2:15 p.m. BY MR. SCAROLA: Q We have had an opportunity to review the contents of Exhibit D, which will be a sealed exhibit to this deposition. And I just want to confirm that Exhibit D is a copy of hard-copied documents that were in Fowler White's file as of the time that that file was inventoried in 2014, as far as you have been able to determine, correct? MR. IANNO: Object to form. THE WITNESS: I have no way of telling that. BY MR. SCAROLA: Q Well, do you have any reason to believe that anything was added to Fowler White's files between the time that it was inventoried in 2014 and the time that it was reviewed by Mr. Link? A I have no way of answering that one way or the other. Q Does Fowler White know of any circumstances that would have resulted in the addition of documents to Fowler White's files subsequent to the time the files were inventoried in 2014? A I'm not aware of any. Q What was the purpose of inventorying the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803775

45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 files in 2014? A The inventory of files in 2014 was so that we knew which folders were in the file at the time it was being closed. It doesn't describe the contents of the folders. Q I understand that. But Fowler White was closing its files because it had concluded its representation of Jeffrey Epstein as of that time, correct? A Correct. Q So as far as Fowler White knows, since it had concluded its representation of Jeffrey Epstein and was closing its files and inventorying the files for purposes of closing them, there would have been no reason to be adding to those files after they were closed, correct? MR. IANNO: Object to form. THE WITNESS: That would be speculating one way or the other. I don't know. I don't know of any reason why things would be put in. I don't know if we received anything afterwards that would have been put in the file. BY MR. SCAROLA: Q What is the closing process? How does that Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803776

146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 occur? A The file clerk prepares an inventory in the database, boxes are assigned; it is sent to archives, sometimes retrieved from archives, then sent back to archives; then left in archives and destroyed after a certain period of time. Q What does it mean to be sent to archives? A It is sent to an off-site facility, which specializes in the storage of files. Q When requests are made to retrieve files from the archives, are those requests documented? A Yes. Q Did you see any request to retrieve this file from archives at any time between 2014 when it was initially archived and 2018 when the file was provided to Mr. Link for his review? A It actually went to archives in early 2015, I believe. And I requested the file back in November of 2017. Q Okay. Was there any other requests to remove the file from inventory -- from archive between those dates? A No. Q The file that is printed as part of Exhibit D or Exhibit D, which is a copy of the file labeled "J. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803777

147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carney Printing of CD Issue," that file is on the 2014 inventory, right? A There's a lot in that question, again. The file folder -- the name of the file folder appears on the inventory. It doesn't reflect the contents of the folder. It doesn't necessarily mean that everything as is presented for copying was as it was contained at the time the file was sent to archives. Q So somebody could have snuck into wherever these files are archived, inserted new documents in the file without ever requesting the file from archives, so that new documents would have been in that file, inserted sometime between 2014 and 2017? A And that's not at all what I said. Q Pardon me? A That's not what I said. Q Well, can you think of any other explanation as to how new documents would get into that file between the time it was inventoried in 2014 and the time you requested it from archives in 2017? A I don't believe that documents were put in the file during the time of the archives. I don't know if anything was added to the file before going to archives. I don't know if anything was added to the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803778

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 file coming back. I'm not trying to say it was done surreptitiously in any way. But there are times -- it would not be reflected in the index or inventory if anything as added to the file. Q How does something get added to file after it has been inventoried and archived, unless it's pulled out of the archive to put something new in? MR. IANNO: Object to form. THE WITNESS: And I just said it would not have been done when it was archived. BY MR. SCAROLA: Q So are you saying that maybe sometime between the time it was inventoried and got sent to archive that something could have been put in there? MR. IANNO: Object to form. That's not what he's saying. MR. SCAROLA: That's what I'm trying to find out. I'm sure he's capable of telling us. THE WITNESS: First of all, I'm not saying that what you have mark as Exhibit D was all contained together in the file as it was inventoried and sent to archives. It may have been in the file and other parts. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803779

149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I don't know. I don't know if it was added before it was sent to archives. I don't know if it was added after it came from archives. I have no indication it was added any time after archives. But I don't know when those documents were put into the file, nor can I tell you where for sure they were maintained in the file once they were in the file. BY MR. SCAROLA: Q Mr. Hurley, let me be entirely clear with you as to what I'm trying to figure out. We have looked at Exhibit D. Exhibit D contains one or more documents that were included on the privilege log, documents that have been on the privilege log since the time the privilege log was prepared, and documents that were never voluntarily turned over to anyone. We're trying to figure out how a hard copy of a privileged document could have been included in Fowler White's files when Fowler White gave access to those files to Mr. Link. MR. IANNO: Object to the form. BY MR. SCAROLA: Q Can you offer us any explanation as to that? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803780

150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: You can ask him if he knows and I don't have any objection to that question of how the documents got in there. But I want to absolutely my clear you're asking him to speculate. MR. SCAROLA: No. I'm asking him to offer us any explanation he can as to how Fowler White winds up in possession of a hard copy of a privileged document that it was not supposed to have. MR. IANNO: Then you're asking him to speculate. You can ask him if he knows. And then if you want to follow up, that's fine. But other than that, it calls for speculation. BY MR. SCAROLA: Q Yeah. That's my question. Do you know how a hard copy of a privileged document could have wound up in Fowler White's files when those files were turned over to Mr. Link for inspection? A I do not. RECROSS-EXAMINATION BY MR. EDWARDS: Q Do you know when the hard copies that are Composite Exhibit D -- do you have any idea when those Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803781

I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents came into possession of Fowler White? A I do not. Q The cover that says, "J. Carney Printing of CD Issue," that's the verbiage that was on the inventory that you're speaking about? A That is similar to the verbiage on the inventory, which was the title of the file folder. Q When you say it's similar to it, is it identical to? A I think it's identical. Q Do you believe that what we have as the first page which is Bates numbered 183 in this Composite Exhibit D -- is a copy of what is on the file folder that was inventoried in 2014? A I do. Q Why do you believe that? A Because I think our servers made a copy of the folder with the writing on it to identify it. Q Do you believe that within that folder back in 2014 was this compilation of documents in the order this compilation of documents is presented today back in 2014? MR. IANNO: Object to form. You're asking him to speculate. If you're asking, as Mr. Scarola did, Do you know, I don't Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803782

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have an objection to that question. THE WITNESS: And I do not know. BY MR. EDWARDS: Q Do you know whether this compilation of documents became this compilation in this order only after Mr. Link went to Fowler White, or was it already in this order? A I do not know. MR. EDWARDS: All right. MR. IANNO: We will read. THE VIDEOGRAPHER: Going off the record. The time is 2:26 p.m. This marks the end of the deposition. MR. LINK: I am handing to Mr. Ianno my copy of Exhibit D as part of the agreement that Mr. Scarola put on the record. I have no copies of that document. MR. IANNO: To be shredded. - - - (The deposition was concluded at 2:29 p.m.) Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803783

1 5 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF OATH STATE OF FLORIDA : SS COUNTY OF PALM BEACH ) I, the undersigned authority, certify that JAMES N. HURLEY, ESQUIRE personally appeared before me and was duly sworn. WITNESS my hand and official seal this 22nd day of October, 2018. Sonja D. Hall Commission No.: GG 168652 Notary Public - State of Florida My Commission Expires: 2-01-22 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803784

154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S DEPOSITION CERTIFICATE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, SONJA D. HALL, certify that I was authorized to and did stenographically report the deposition of JAMES N. HURLEY, ESQUIRE; that a review of the transcript was requested; and that the transcript is a true and complete record of my stenographic notes. I further certify that on the 22nd day of October, 2018, I notified JOSEPH IANNO, ESQUIRE that the deposition of JAMES N. HURLEY, ESQUIRE was ready for reading and signing by the witness. I further certify that I am not a relative, employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. Dated this 22nd day of October, 2018. SONJA D. HALL Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803785

1 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TO: JAMES N. HURLEY, ESQUIRE c/o JOSEPH IANNO, ESQUIRE CARLTON FIELDS, PA 525 Okeechobee Boulevard, Suite 1200 West Palm Beach, FL 33401 RE: ROTHSTEIN ROSENFELDT ADLER, P.A. At the conclusion of your deposition given in the above-styled cause you indicated you wished to read and sign the transcript. This letter is to advise you that your deposition is ready, and we ask that you call our office at (561) 471-2995 at your earliest convenience for an appointment to come in. If you are a party in this action and your attorney has ordered a copy of this transcript, you may wish to read his copy and forward to us a photostatic copy of your signed correction sheet. It is necessary that you do this as soon as possible, since the transcript cannot be held beyond two weeks from the date of this letter. If you have any reason which you would like for me to place on your deposition as to your failure to sign the same, please advise. Thank you for your prompt attention. Very truly yours, PALM BEACH REPORTING SERVICE, INC. 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, Florida 33401 BY: SONJA D. HALL Date: October 22nd, 2018 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803786

1 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CORRECTION SHEET: NAME: JAMES N. HURLEY, ESQUIRE RE: ROTHSTEIN ROSENFELDT ADLER, P.A. The following corrections, additions or deletions were noted on the transcript of the testimony which I gave in the above-captioned matter held on October 19th, 2018: PAGE(S) LINE(S) SHOULD READ SIGNATURE: DATE: Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803787