101 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 better part of 18 years, I think I have a pretty good handle, based upon that combined 35 years of experience on what is necessary to properly defend and prosecute civil cases. And this is a major undertaking from both sides, and also a major undertaking from the Court. I harken back to a case yesterday on a very complex business matter where one of the attorneys was a clerk for Judge Middlebrooks, federal court. And he gave somewhat of a wry smile when he stated that our trial courts here in the state of Florida are not afforded with the same support as our federal judges and our appellate court judges. And while I am not complaining, it's a reality. But I spend as much time as I can to prepare myself and to read the materials. And if help is an absolute requirement, we seek it out through our trial clerks, who, while they do an exceptional job, are themselves busy, because I think there's about nine of them assigned to somewhere around 50 judges in the main courthouse, one Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788212

102 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up in South County -- one down in South County, one up in North County. So they're stretched, so we don't have that same luxury. The litigants do. And I want to make clear that if help is needed, make sure you get it, because, again, this is complex. These are multitude issues, they're involved, and I want to give fair warning that the lack of time for solo practitioners -- while, again I'm empathetic to it, while I understand, it's not going to suffice here. So whatever the proper support -- help may be required -- I am giving you fair warning now, a couple months before trial, that it be secured. All right, so again, I don't want to overstate the situation, or -- it is not being critical of anyone. It's just that based upon the time and experience that I have had in dealing with cases of this type -- not so much these issues, but certainly of the magnitude that you are dealing with. I recognize that there will be support -- help required. And perhaps Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788213

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 that has to be emphasized today so that we are not going to be running into this issue in the future. And again, that has nothing to do with the holidays. I don't want it to be misconstrued. It has nothing to do with anything that may have transpired as a result of the recent hurricane. It's only as a matter of observation, and, again, replying on what was brought up by Ms. Haddad Coleman at the inception of the hearing today, as far as time constraints. So what I am saying is, for today -- because of the magnitude of the issue and based upon the fact that perhaps the deadlines were not accommodated to a certain degree -- I will hold off on ruling on this Fifth Amendment privilege, because I think it really does require exhaustive briefing and discussion. Since, I believe, Ms. Haddad Coleman, you indicated to me that you have not yet finished that aspect of your briefing, correct? MS. HADDAD COLEMAN: No, Judge, I have Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788214

104 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 not, because I received it on the 25th and you had us turn it in on the 28th. THE COURT: And that's understandable. Again, no matter what level of support you may have had -- and I can still remember as a young associate staying until midnight trying to finish stuff at the last minute because of potentially unreasonable deadlines. MR. GOLDBERGER: That's because of who your boss was, Judge. THE COURT: May be some truth to that. What I'm getting to is, because of the significance of the issue, I don't want to preclude anyone from having sufficient time to finish the brief. So I think that's not unreasonable at all under these circumstances. Is there anything else we can get to besides the motions in limine, other than the motions to compel? MR. SCAROLA: Your Honor, the motion in limine includes many issues that are not tied to the Fifth Amendment privilege. And dealing with the motion in limine I suggest Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788215

105 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will help to define the issues and provide guidance to both sides with regard to our motions to compel discovery. With regard to the motions to compel discovery, there are motions to compel discovery on both sides. I would simply ask that we alternate. The defense can pick one, we will deal with that. They can go first, we will go next, and we will alternate dealing with discovery motions to the extent that Your Honor has time to accommodate us on those. MR. BREWER: Your Honor, it really is a disadvantage to chop up that motion limine THE COURT: I agree. I think that my better judgment would be to defer on the motion in limine until such time as Ms.Haddad and her cohorts or her co-counsel have had the opportunity to brief the issue conclusively and exhaustively. In this particular instance, Mr. Scarola, I will also allow a reply brief, once she has had an the opportunity, because of the significance of the issue and the fact that much of what is going to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788216

106 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transpire at the presumptive trial will be matters that are going to be addressed at the motion in limine. And these are critical issues that are going to impact the way the trial is going to go forward. MR. SCAROLA: Your Honor, with respect to the motion in limine, that was an Epstein motion to which Edwards has replied, so that's been fully briefed in accordance with the earlier order. The motion that I think Your Honor is referring to is our motion to strike the affidavit of Mr. Epstein, which goes beyond simply striking his affidavit and asks to preclude any evidence as to which he has previously denied discovery through assertion of the Fifth Amendment privilege. So with regard to that motion, we have filed our motion. They have not yet filed a response. I understand Your Honor is permitting them to do that, and we appreciate the opportunity to be able to reply after they do. I would request that specific time limitations be set so that, again, this does Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788217

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 not drag on to a point where there's any possibility of it interfering with our scheduled trial. THE COURT: All right. Let's go ahead -- what we are going to have to do is confer on those time issues while we are away so that I can get a better feel for where you are if I have to make a decision if you can't otherwise agree. Hopefully you will. MR. SCAROLA: May I submit an order to the Court on the summary judgment motion which simply says said motion is denied for the reasons expressed on the record? THE COURT: That's fine. Thank you. I am going to return the summary judgment material to you through our deputy. Thank you, sir. And again, thank you all for your excellent presentations. Thank you to our court reporter as well. What time will we reconvene? We will reconvene assembled at 1:25. Thank you very much. See you guys at that time. (A recess was had 12:10 p.m. - 1:32 p.m.) Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00788218