Fowler White Burnett ATTORNEYS AT LAW February 25, 2011 VIA EMAIL AND FIRST CLASS MAIL Robert B. Camey, Special Master 2281 Saratoga Lane West Palm Beach, FL 33409 got Phillips Point West 777 South Flagler Drive West Palm Beach, Florida 33401 www.rowler•white.com Joseph L. Ackerman, Jr. direct fax [email protected] Re: In re: Rothstein, Rosenfeldt Adler,P.A. U.S. Bankruptcy Court, Southern District of Florida, Fort Lauderdale Division; Case No. 09-34791-BKC-RBR Our File NO. 80743 Dear Judge Carney: As a supplement to my February 25, 2011 letter, below are Epstein's further objections to the Farmer Jaffe Privilege Log as follows: 1. The Privilege Log consists of 159 pages with each page containing approximately eight to fifteen entries on average. The individual entries are not numbered which renders discussion of individual items difficult since the items do not appear to be in date order or bates number order. 2. Each page of the Log contains six columns which consist of the Bates number, the date of the item, the sender, the recipient, the so-called "description" of the item, and the nature of the objection. The Log does not contain the information required by Rule 1.280(b)(5) of the Florida Rules of Civil Procedure as that Rule has been interpreted by the Fourth District Court of Appeal. 3. In TIG Insurance Corp. v. Johnson, 799 So. 2d 339 (Fla. 4th DCA 2001), the court denied a writ of certiorari sought from an order requiring a party to produce documents because the claims of privilege had been, it concluded, waived by the claimant's failure sufficiently to identify the documents which it claimed were privileged. Id. at 340. In that case, the court relied upon the federal rule after which Florida rule 1.280(b)(5) was patterned and cases construing it, in reaching the conclusion that the "type of document" must be identified (whether it is a letter, email, instrument, etc.), and that "where not apparent, the rela