SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x IN MATTER OF APPLICATION OF BRADLEY : JAMES EDWARDS SEEKING CPLR 3102(e) ORDER FOR DAILY NEWS, L.P. TO PRODUCE : TAPE RECORDING x Index No. 112345/2010 (Justice Goodman) Motion Seq. No. 1 AFFIRMATION OF ROBERT D. BALIN IN OPPOSITION TO MOTION FOR CPLR 3102(e) ORDER ROBERT D. BALIN, an attorney duly admitted to practice law before the courts of the State of New York, hereby affirms the following to be true under penalty of perjury: 1. I am a member of Davis Wright Tremaine LLP, attorneys for Daily News, L.P. ("Daily News"). I submit this affirmation in opposition to the motion of Bradley James Edwards for an order, pursuant to CPLR 3102(e), compelling the Daily News to produce a certain audio recording. 2. The grounds for denying Edwards' motion are fully set forth in the accompanying memorandum of law. I submit this affirmation to annex exhibits relevant to the Daily News' opposition. 3. Annexed hereto as Exhibit "A" is a true and correct copy of the Complaint of Jeffrey Epstein, with Exhibits 1 and 2, that was filed December 7, 2009 in the proceeding entitled Jeffrey Epstein v. Scott Rothstein. et al., Case No. 502009CA040800XXXXMBAG, in the 15th Judicial Circuit of the Florida Circuit Court (the "Ponzi Scheme Action"). 4. Annexed hereto as Exhibit "B" is a true and correct copy of the Answer and Counterclaim of Defendant, Bradley J. Edwards that was filed December 21, 2010 in the Ponzi Scheme Action. DWT 15631739v2 3970112-000042 EFTA00596485