EFTA00589816.pdf

IN THE CIRCUIT COURT OF TIE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff(s), VS. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and M., individually, Defendant(s). MOTION TO FILE AMENDMENT TO THIRD AMENDED COUNTERCLAIM Counter-plaintiff, BRADLEY J. EDWARDS, by and through his undersigned counsel, moves this Honorable Court to permit the filing of the accompanying Amendment to the Third Amended Counterclaim and in support thereof would show that on the eve of the summary judgment hearing scheduled to address Plaintiff, JEFFREY EPSTEIN'S, abuse of process claim against EDWARDS, EPSTEIN voluntarily dismissed that claim, bringing all claims against EDWARDS to a conclusion. The circumstances of that dismissal constitute a bona fide termination of the claim in EDWARDS' favor and provide the basis for the expansion of EDWARDS' currently pending malicious prosecution claims to encompass that recent development. WHEREFORE, EDWARDS seeks leave to file the proposed Amendment and Order directing EPSTEIN's expedited response. EFTA00589816 Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG Motion to File Amendment to Third Amended Counterclaim I HEREBY CERTIFY that a true and correct cop of the foregoing was sent via E-Serve to all Counsel on the attached list, this Anday o , 20 IV o.: 169440 mail: jsx®searcylaw.com ary E-mail(s): mep@searcylaw.corn y Denney Scarola Barnhart & Shipley, M. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for BRADLEY J. EDWARDS 2 EFTA00589817 Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG Motion to File Amendment to Third Amended Counterclaim COUNSEL LIST Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney®agwpa.corn Atterbury, Goldberger & Weiss, ■. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Bradley J. Edwards, Esquire brad®pathtojustice.com Fanner, Jaffe, Weissing, Edwards, Fistos & Lehrman, FL 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 3 Marc S. Nurik, Esquire marc®nuriklaw.com Law Offices of Marc S. Nurik One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein Tonja Haddad Coleman, Esquire tonja®tonjahaddadpa.com Law Offices of Tonja Haddad, ll. 524 S Andrews Avenue, Suite 200N Fort Lauderdale, FL 33301 Phone: (954)467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein Lilly Ann Sanchez, Esquire Isanchez®thelsfirm.com The L-S Law Firm 1441 Brickell Avenue, 15th Floor Miami, FL 33131 Phone: (305)-503-5503 Fax: (305)-503-6801 Attorneys for Jeffrey Epstein EFTA00589818 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXIMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and M., individually, Defendant, AMENDMENT TO THIRD AMENDED COUNTERCLAIM Counter-plaintiff, BRADLEY J. EDWARDS, hereby amends the Third Amended Counterclaim by striking Paragraph 32 and substituting the following: 32. After unsuccessful efforts to defend and amend his maliciously filed and prosecuted claims over a period of almost two years, EPSTEIN, abandoned each of the claims described in Paragraph 27. The dismissal of the claims occurred in response to EDWARDS' challenges because there was not and never had been a factual basis to support any of the claims and because EPSTEIN never had probable cause or a reasonable basis to support the allegations he made against EDWARDS. He also knew from the outset of his claims against EDWARDS that the litigation privilege and the sword-shield doctrine each constituted a complete bar and insurmountable obstacle to the successful prosecution of any and all of his claims. His abandonment of all claims against EDWARDS brings to successful conclusion EDWARDS' defense against each of the other abandoned claims and constitutes a specific bona fide termination in EDWARDS' favor of the prior prosecution of each abandoned claim. EFTA00589819 Edwards adv. Epstein Case No.: 502009CA04O3003OOOCMBAG Amendment to Third Amended Counterclaim Page 2 of 3 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this day of , 2012. PROPOSED JACK SCAROLA Florida Bar No.: 169440 Primary E-mail: jsx®searcylaw.com Secondary E-mail(s): mep@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, ■. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for BRADLEY J. EDWARDS EFTA00589820 Edwards adv. Epstein Case No.: 502009CA040800000CMBAG Athendment to Third Amended Counterclaim Page 3 of 3 COUNSEL LIST Jack A. Goldberger, Esquire jgoldbergers@agwpa.com; smahoney@agwpa.com Atterbury, Goldberger & Weiss, ■. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Bradley J. Edwards, Esquire brad®pathtojustice.com Fanner, Jaffe, Weissing, Edwards, Fistos & Lehrman, FL 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Marc S. Nurik, Esquire marc@nurildaw.com Law Offices of Marc S. Nurik One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein Tonja Haddad Coleman, Esquire tonja@tonjahaddadpa.com Law Offices of Tonja Haddad, M. 524 S Andrews Avenue, Suite 200N Fort Lauderdale, FL 33301 Phone: (954)-467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein Lilly Ann Sanchez, Esquire lsanchez®thelsfirm.com The L-S Law Finn 1441 Brickell Avenue, 15th Floor Miami, FL 33131 Phone: (305)-503-5503 Fax: (305)-503-6801 Attorneys for Jeffrey Epstein EFTA00589821