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MR. SCAROLA: Respectfully, Your Honor, 
that's what happens in every circumstance where 
there is a privilege assertion. We file a 
privilege log --
THE COURT: I just don't have these things 
come up that often where the sensitivity is 
such that it is of significant concern. So, 
usually the parties are able to hammer out 
agreement on these things and we -- and I go 
with whatever the agreement is. 
MR. SCAROLA: Well, the agreement usually 
is if there's going to be an in camera 
inspection, the documents are handed over to 
the Court for in camera inspection, they never 
go to opposing counsel; to quote a man of great 
wisdom, you don't want the fox guarding the 
henhouse. You don't want to send the man in to 
repair the stucco in the dressing room and tell 
him "Don't peek." They're not supposed to see 
these things. They're just not supposed to see 
them. 
MR. LINK: Except that Mr. Edwards agreed 
that that was the process --
MR. SCAROLA: Respectfully, that's not the 
case. There were a group of 
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attorneys'-eyes-only documents that were handed 
over that do not include the documents that are 
listed on the privilege log. And that's what 
we're talking about here. We're talking about 
privileged documents. The fact that they 
obtained those documents improperly does not 
give them any greater right, if anything it 
gives them a lesser right, to challenge, at 
this point, the assertion of privilege. 
THE COURT: Well, that may be. That may 
be fine for legal argument, but I want to get 
to the practical aspects of trying to -- for my 
own purpose, be able to adequately review the 
legal arguments in connection with the emails 
at issue. And at least from the attorneys' 
standpoint, and Mr. Epstein's standpoint, as I 
understand it, the cat is out of the bag in 
that regard. So, I can't undo what's already 
been done, and that's been years ago. 
MR. SCAROLA: So we don't want to 
aggravate the problem. 
THE COURT: And I agree. That's why I'm 
saying that I think the best approach would be 
for a motion to be filed of a generic quality 
that does not mention any contents of these 
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emails, but simply tees it up, so to speak, 
with the understanding on this record today 
that any substantive discussion of those emails 
will be done under seal by way of memorandum, 
and that will be done under seal and will 
continue to be under seal, and will be filed 
under seal in case of a need for appellate 
review. 
So that is going to be the direction of 
the Court, that the motion be filed, but that 
the memorandum be sent under seal to this 
Court, hand-delivered to me, sealed. And the 
same response memorandum be sent to me under 
seal by Mr. Edwards' counsel a week later. 
MR. LINK: And shared with each other, 
though? 
THE COURT: Absolutely, for attorneys' 
eyes only. 
MR. LINK: Understood. 
THE COURT: Okay? And Mr. Edwards, I 
understand, is co-counsel, so he has the right 
to look at them. But it's not to be 
distributed to anyone else --
MR. LINK: Understand. It's very clear. 
THE COURT: -- until I issue an order of 
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court, okay? 
MR. LINK: Thank you. 
MS. ROCKENBACH: Thank you, Your Honor. 
THE COURT: And that will relate to that, 
as well. 
I have to go. I do have another 
appointment that I have, that I'm already late 
for. 
MR. SCAROLA: Your Honor, this is the 
bankruptcy materials. 
THE COURT: Thank you. And thank you so 
much to our court reporter and to our deputy 
for kindly remaining through the lunch hour. 
Have a very pleasant weekend and thank you 
again for your respective arguments. 
We'll be in recess. 
THE COURT REPORTER: Thank you, Judge. 
(Thereupon, the hearing was concluded 
at 1:06 p.m.) 
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COURT CERTIFICATE 
STATE OF FLORIDA 
: SS 
COUNTY OF PALM BEACH ) 
I, LINDA P. AUKAMP, RPR, certify that I 
was authorized to and did stenographically report 
the foregoing proceedings and that the transcript is 
a true record of my stenographic notes. 
Dated this 6th day of November, 2018. 
LINDA P. AUKAMP, RPR 
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