EFTA00620018.pdf

Filing # 14304135 Electronically Filed 06/02/2014 12:14:26 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502009CA040800XXXXMB JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter- Plaintiffs. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION FOR FEES AND COSTS AND INCORPORATED MEMORANDUM OF LAW Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to §768.79 of the Florida Statutes and Rule 1.442 of the Florida Rules of Civil Procedure, hereby files this Motion requesting that the Court enter an Order of entitlement to costs and attorneys' fees against Defendant/Counter- Plaintiff Bradley Edwards ("Edwards"). In support of thereof, Epstein states as follows: INTRODUCTION; On August 25, 2011, Epstein served an Offer of Judgment on Edwards in the amount of three hundred thousand dollars ($300,000.00) pursuant to Rule 1.442 of the Florida Rules of Civil Procedure and §768.79 of the Florida Statutes (the "Offer"). A true and correct copy of same is attached hereto as "Exhibit A." Edwards failed to accept Epstein's Offer. On January 27, 2014, this Honorable Court granted summary judgment in favor of Epstein on both counts. This Court entered an Order reflecting same on May Tonja Haddad, P.A. • 315 SE 7th Street, Fort Lauderdale, PL 3330P 954.467.1223 EFTA00620018 19, 2014. A true and correct copy of the Order is attached hereto as "Exhibit B." A Final Judgment has been entered in favor of Epstein against Edwards, and is attached hereto as "Exhibit C." Pursuant to §768.79 of the Florida Statutes and Rule 1.442 of the Florida Rules of Civil Procedure, Epstein is entitled to recover his reasonable costs and attorneys' fees against Edwards that were incurred from the date of the Offer. MEMORANDUM OF LAW A. A Fee and Cost Award is Proper Pursuant to §768.79 of the Florida Statutes. Section 768.79 of the Florida Statutes governs offers of judgment, and provides, in relevant part: (1) In any civil action for damages filed in the courts of this state, if a defendant files an offer of judgment which is not accepted by the plaintiff within 30 days, the defendant shall be entitled to recover reasonable costs and attorney's fees incurred by him... from the date of filing of the offer if the judgment is one of no liability... §768.79 FLA. STAT. (2013). In addition to an award of reasonable costs, "[tjhe statute creates a mandatory right to attorney's fees when the statutory `prerequisites have been fulfilled: i.e., (1) when a party has served ...an offer of judgment, and (2) that party has recovered a judgment ...less than the ... offer.' Levine v. Harris, 791 So. 2d 1175, 1177 (Fla. 4th DCA 2001)(citing Schmidt v. Fortner, 629 So. 2d 1036,1040 (Fla. 4th DCA 1993). Likewise, pursuant to this statute, "once an offer of judgment has been made and rejected and a judgment of no liability has been entered, the defendant has a right to an award of attorney's fees unless the offer was found to have been made in bad faith." Florida Gas Transmission Co. v. Lauderdale Sand & Fill. Inc., 813 So. 2d 1013, 1014 (Ha. 4th DCA 2002). Accordingly, if the moving party satisfies the above requisites, the court has very limited discretion to deny attorney's fees and costs. 2 Tog* Haddad, .• 315 SE 7ThStnxt, Fort Lauderdale, FL 33301- 954.467.1223 EFTA00620019 If the above requisites are satisfied, the court may only deny attorney's fees "if the court determines the qualifying offer was not made in good faith.' Absent a finding that a party's offer of judgment was not made in good faith, the trial court cannot disallow an entitlement to an award of fees." Downs v. Coastal Sys. Int'l, Inc., 972 So. 2d 258, 261 (Fla. 3d DCA 2008) (citing Vines v. Mathis, 867 So.2d 548 (Ha. 1st DCA 2004)). See also McMahan v. Toto, 311 F.3d 1077,1083 (11th Cir. 2002). An offer of judgment is typically deemed to be a "bad faith" offer when it is a nominal amount in light of the valuation of the case, although many nominal offers have been accepted by the courts as made in good faith. See Fox v. McCaw Cellular Communications of Florida, Inc., 745 So. 2d 330 (Fla. 4th DCA 1998); Neptune Beach v. Smith, 740 So. 2d 25, 27 (Fla. 1st DCA 1999). In the case at hand, Edwards filed a Counterclaim against Epstein for abuse of process and malicious prosecution; a Counterclaim against which Epstein vigorously litigated. Throughout his defense of the Counterclaim, Epstein repeatedly asserted several defenses, including that all allegations contained in Edwards's Counterclaim were barred by the litigation privilege. This Court concluded that both of Edwards's causes of action were barred by the litigation privilege, and entered Summary Judgment in favor of Epstein. Epstein timely, and in complete accordance with §768.79 of the Florida Statutes, tendered a good faith Offer of Judgment to Edwards in the sum of three hundred thousand dollars ($300,000.00); an offer Edwards rejected. Undeniably, this offer was not for a nominal amount. Additionally, this offer cannot be deemed as one made in bad faith, especially in light of the fact that throughout his defense of this action, Epstein maintained that he had no liability to Edwards and that Edwards's actions were barred by, 3 Tonja Haddad, • 315 SE 7th Street, Fort Lauderdale, FL 33301• 954.467.1223 EFTA00620020 among other things, the litigation privilege. Accordingly, an award of attorney's fees and costs in favor of Epstein is required under Section 768.79 of the Florida Statutes. B. A Fees and Costs Award is Proper Pursuant to Rule 1.442 of the Florida Rules of Civil Procedure Rule 1.442 of the Florida Rules of Civil Procedure applies to all proposals for settlement authorized by Florida law, and provides, in pertinent part: (1) A proposal shall be in writing and shall identify the applicable Florida law under which it is being made. (2) A proposal shall: (A) name the party or parties making the proposal and the party or parties to whom the proposal is being made; (B) identify the claim or claims the proposal is attempting to resolve; (C) state with particularity any relevant conditions; (D) state the total amount of the proposal and state with particularity all nonmonetary terms of the proposal; (E) state with particularity the amount proposed to settle a claim for punitive damages, if any; (F) state whether the proposal includes attorneys' fees and whether attorneys' fees are part of the legal claim; and (0) include a certificate of service in the form required by Rule 1.080(1). (3) A proposal may be made by or to any party or parties and by or to any combination of parties properly identified in the proposal. A joint proposal shall state the amount and terms attributable to each party. (h) Costs and Fees. (1) If a party is entitled to costs and fees pursuant to applicable Florida law, the court may, in its discretion, determine that a proposal was not made in good faith. In such case, the court may disallow an award of costs and attorneys' fees. 1.442 (2013). Under this Rule, which is analogous to §768.79 of the Florida Statutes, "[a]bscnt a finding that a. party's offer of judgment was not made in good faith, the. court cannot disallow an entitlement to an award of fees." Downs v. Coastal Systems International, Inc., 972 So. 2d 258, 261 (Fla. 3d DCA 2008). Here, Epstein served his proposal for settlement in good faith and fulfilled the requisites of Rule 1.442 of the Florida Rules of Civil Procedure to create valid and enforceable proposal as a matter of law. Consequently, Epstein is entitled to an award of his fees and costs as permitted thereby. 4 Tonja Haddad, M. • 315 SF 716 Street, Fort Lauderdale, FL 33301• 954.467.1223 EFTA00620021 CONCLUSION For the reasons stated above, and in reliance upon the law cited herein, Epstein respectfully requests that this Court enter an Order entitling him to an award of costs and fees, retain jurisdiction to determine the amount of costs and fees to which Epstein is entitled pursuant to the above-referenced authorities, and such other and further relief as • this Court deems just and proper. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served, via electronic service, to all parties on the attached service list, this June 2, 2014. Is/ Tonja Haddad Colerm Tonja Haddad Coleman, Esq. Florida Bar No.: 176737 Tonja Haddad, PA 5315 SE 7th Street Suite 301 Fort Lauderdale, Florida 33301 954.467.1223 954.337.3716 (facsimile) Attorneys for Epstein 5 . Tonja nodded, u• 315 SE 7th Street, Fort Lauderdale. FL 33301. 954.467.1223 EFTA00620022 bigRvick: LIST CASE NO. 502009CA040800XXXXMBAG Jack Scaralaii; Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Gok)erfit. Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 Fred Haddad I Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 Ton'it Haddad Coleman uire Law Offices of Tonja Haddad, 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 W. Chester Brewer, Jr. W. Chester Brewer, 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 6 Tonja Haddad, M. • 315 SE l a Sued, Fort Lauderdale, FL 33301. 954.467.1223 EFTA00620023 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800000CMB-A0 Judge David F. Crow JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S PROPOSAL FOR SETTLEMENT TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY J. EI)WARDS, INDIVIDUALLY Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, by and through undersigned counsel, hereby serves this Proposal for Settlement upon Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, pursuant to §768.79, Fla. Stat. and Fla. R. Civ. P. 1.442: 1. This Proposal is being made pursuant to §768.79, Fla. Stat. and Fla. R. Civ. P. 1.442. 2. This Proposal is being made on behalf of Plaintiff/Counter-Defendant, JEFFREY EPS1'EIN. 3. This Proposal is being made to Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually. 4, This Proposal is directed to, and is intended to resolve, all claims pled or which could have been pled in the instant action (Case No. 502009CA040800)OOOCME-AO) by Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, against Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, and all claims pled or which could have been pled by Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, against Plaintiff/Counter- FOWLeit tvwra Etuaterre • ESPIIUTO Smr0 Mak 139S fiRJOCELL AVOILIB, 14» Float, HEIM% FLORIDA .13131 • (3o5)1894200 EXMI!IT "A" EFTA00620024 CASE NO. 50 2009 CA 040800 XXXXMB AG Defendant, JEFFREY EPSTEIN, in this action, including any and all claims for compensatory damages, interest, attorney's fees. and costs. 5. Plaintiff/Counter-Defendant, JEFFREY EPSTEIN has not pled a claim for punitive damages against Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, nor has Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, pled a claim for punitive damages against Plaintiffrounter-Defendant, JEFFREY EPSTEIN, although this Proposal is intended to resolve all such claims if available. 6. Attorney's fees are not part of the legal claims brought by Plaintift7Counter- Defendant, JEFFREY EPSTEIN, against Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, and are not part of the legal claims brought by Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, against Plaintiff/Counter-Defendant, JEFFREY EPSTEIN. However, this Proposal is intended to resolve all such claims if available. 7. The total amount of this Proposal is Three Hundred Thousand Dollars and 00/100 ($300,000.00) to be paid on behalf of Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, to Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually. 8. The conditions of this Proposal arc: (1) that Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, shall execute and deliver to undersigned counsel the General Release attached hereto as Exhibit "A4" and (2) that Defendant/Counter-Plaintiff BRADLEY J. EDWARDS, individually, shall, by and through his attorney, execute and deliver to undersigned counsel the Stipulation for Dismissal with Prejudice attached hereto as Exhibit 9. This Proposal shall expire in thirty (30) days from its service unless withdrawn in writing prior to that date. Any acceptance of this Proposal must be in writing and must be an acceptance of the entire Proposal as outlined above. - 2 - FOWLER Wirt DURNErr■. • ESPIRITO SANTO PLAZA, 1395 BROCILL AVINUa, Ion. FLOOR, MIAMI. FLORIDA 33131 • (305) 789-9200 EFTA00620025 CASE NO. 50 2009 CA 040800 XXXXMB AG I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed and mailed this 2-eday of August, 2011 to Jack Scarola, Esq., Searcy, Denney, Scarola, Barnhart & Shipley,..., 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409. Joseph L. Ackerman, Jr. Fla. Bar No. 235954 FOWLER WHITE BuRNEna. Espirito Santo Plan, Fourteenth Floor 1395 Brickell Avenue Miami, Florida 33131 Telephone: (305) 789-9200 Facsimile: (305) 789-9201 Wf107431PROSUT0Ball dies-AOS.docx FOWLER WHITE BURNETT. • E.sPiarro SANTO PLAZA, 1395 BRICKELL AVITIVE, NIP. FLOOR, MIAMI, MARRA 33 131 • (305) 7$94200 EFTA00620026 GENERAL RELEASE TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN: BRADLEY J. EDWARDS, individually, for and in consideration of the sum of Three Hundred Thousand Dollars and 00/100 ($300,000.00) lawful money of the United States of America, paid to him on behalf of JEFFREY EPSTEIN, the receipt whereof is hereby acknowledged, has remised, released, and forever discharged, and by these presents does for himself, as well as his heirs, survivors, executors, administrators, agents, and assigns, remise, release, acquit and forever discharge JEFFREY EPSTEIN, as well as his heirs, survivors, executors, administrators, agents, assigns, attorneys, insurers, and reinsurers (hereinafter referred to as "Releasees"), of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which BRADLEY J. EDWARDS, individually, ever had, now has, or may have against Releasers or which his heirs, survivors, executors, administrators, agents, and assigns hereafter can, shall or may have against Releasers, including but not limited to all claims for compensatory damages, punitive damages, penalties, interest, costs or attorney's fees, past, present and fixture, and all other damages, without limitation, specifically arising out of that certain incident described more particularly in Defendant/Counter-Plaintiff's Counterclaim filed in the Action entitled JEFFREY EPSTEIN v. SCOT?' ROTHSTEIN, individually, and BRADLEY'. EDWARDS, individually, Case No. 502009CA040800,OOOCMB-AG, pending in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida ("the Action"). As further consideration, I agree not to disclose the details of this release in settlement of all claims, including the nature or the amount paid and the reasons for the payment, to any person other than my lawyer, accountant, income tax preparer, or by valid order of a Court of competent 1 EXHIBIT EFTA00620027 jurisdiction whether directly or indirectly. To the extent that 1 must disclose any of the above information to any of the above named persons, I shall instruct that person or persons to keep the information confidential. I understand and agree that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the pert of the party or parties hereby released, and that Releasees deny liability therefor and intend merely to avoid litigation and buy peace. I understand and agree that this General Release shall be construed, enforced and interpreted in accordance with the laws of the State of Florida and venue for any action to enforce or construe the General Release shall be Palm Beach County, Florida. IN WITNESS WHEREOF, I, , have hereunto set hand and seal on this day of , 201 Signed, scaled and delivered in the presence of: WITNESS BRADLEY J. EDWARDS STATE OF FLORIDA ) COUNTY OF } BEFORE ME, the undersigned authority, personally appeared BRADLEY J. EDWARDS, who, upon being first duly sworn according to law, deposes and says that he executed the foregoing General Release and that the representations therein are true and correct to the best of his knowledge and belief. SWORN TO AND SUBSCRIBED before me this day of 20 2 EFTA00620028 Individual Personally Known OR Produced Identification Type And Number of Identification Produced: My Commission Expires: (seal) NOTARY PUBLIC State of Florida at Large EFTA00620029 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA0408003OOOCM.13-AO Judge David F. Crow JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTIMN, individually, and BRADLEY J. EDWARDS, individually, Defendants. STIPULATION FOR DISMISSAL WITH PREJUDICE COME NOW the parties herein, by and through the undersigned attorneys, and show unto the Court that the parties hereto, Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, and Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, have agreed to amicably settle all claims brought in the above-styled cause. VVIIEFtEFORE, the parties petition this Court for an Order dismissing the claims brought by Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, against Defendant/Counter- Plaintiff, BRADLEY EDWARDS, individually, and the claims brought by Defendant/Counter- Plaintiff, BRADLEY EDWARDS, Individually, sinst Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, with prejudice, each party to bear its own costs and attorney's fees. The parties further request that the Court retain jurisdiction over this case for a period of sixty (60) days to enforce the terms of the settlement. SEARCY, DENNEY, SCARLILA, BARNIIART & SHIPLEY, 2139 Palm Beach Lakes Blvd, Espirito Santo Plaza FOWLER WHITE BURNETT]. rowan Wrote BuRNEITE. • lisnarro SAM* PLATA. 1395 BR/CKELL Averme, Ms* P0008, Mine, Elam 33131 • (30$) 789-9290 EFTA00620030 CASE NO. 50 2009 CA 040800 XMalvf.B AO West Palm Beach, FL 33409 (561) 686-6300 (561) 383-9451 fax JACK SCAROLA, ESQ. Counsel for Defendant/Counter-Plaintiff Bradley J. Edwards Fla. Bar No, 169440 1395 Brickell Ave, 1411' Floor Miami, FL 33131 (305) 789-9200 (305) 789-9201 fax JOSEPH L ACKERMAN, JR., ESQ. Counsel for Plalnfiff/Counter-Defendant Jeffrey Epstein Fla. Bar No. 235954 - 2 - FoWLER Wire BURNED• • ESPIRITO SANTO PLAZA, 1395 Snafu AvEz9u0,14pf ?took MLwI. PLORIDA 33 E3I • (305)789-920o EFTA00620031 IN THE CIRCUIT COURT OF THE Flt. !TENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION: "AG" CASE NO.: 502009CA040800XXMCM33 JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. ORDER GRANTING COUNTER-DEFENDANT, JEFFREY EPSTEIN'S MOTION FOR SUMMARY JUDGMENT THIS CAUSE having came before the Court upon Counter-Defendant, Jeffrey Epstein's Motion for Summary Judgment. Having reviewed the law and case file, having heard argument of counsel and being otherwise fully advised in the premises, the Court hereby determines as follows: Plaintiff/Counter-Defendant, Jeffrey Epstein ("Epstein") filed suit against Defendant/Counter-Plaintiff, Bradley Edwards ("Edwards"). Edwards then filed a counter-claim against Epstein. Epstein subsequently dismissed his Complaint without prejudice. The counter- claim proceeded, undergoing several amendments. As it now stands, the Fourth Amended Counterclaim has two causes of action: abuse of process and malicious prosecution. Epstein moved for summary judgment arguing that the litigation privilege applies to both the abuse of process and malicious prosecution claims. This Court agrees and grants summary judgment in favor of Epstein. EXIIILT "II" EFTA00620032 The Court thoroughly reviewed Levin, Midcllebrooks, Moves & Mitchell v. U.S. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994), Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007), and Wolfe v. Foreman, 38 Fla. L. Weekly D1540 (July 17, 2013). These cases provide the binding precedent in this area of law. All actions occurring during the course of a judicial proceeding are absolutely privileged, so long as the actions have some relation to the underlying proceeding. Levin, Middlebrooks, Moves & Mitchell v. U.S. Fire Ins. Co., 639 SO. 2d 606, 608 (Fla. 1994). This position was reaffirmed in Echevarria. In Wolfe, the Third District Court of Appeal, quoting in large part from Echevarria, found specifically that the litigation privilege applies to malicious prosecution claims and acts occurring during the course of a judicial proceeding, if those acts bear some relation to the proceeding. Edwards urged the Court to fmd that Olson v. Johnson, 961 So. 2d 356 (Fla. 2d DCA 2007), is in conflict with Wolfe, thereby allowing the Court to find that the privilege does not apply. However, Olson is inapplicable, because that case involved false statements made to a police officer prior to the judicial proceeding. The court found that the privilege did not apply, and that the malicious prosecution claim was not barred. At the hearing on the motion, Edwards conceded that all of the allegations made in both the abuse of process and malicious prosecution claims are of acts occurring during the course of a judicial proceeding and bear some relation to the proceeding. Therefore, the Court finds that the absolute litigation privilege applies to both the abuse of process and malicious prosecution claims made herein. The Court also notes that the cases cited by Edwards involved malicious prosecution claims stemming from actions filed by the party themselves, not counsel. In the instant case, it was conceded that all filings were done by an attorney in good standing with the Florida Bar, rather than by the individual party. Accordingly, it is • 2 EFTA00620033 ORDERED AND ADJUDGED that Counter-Defendant, Jeffrey Epstein's Motion for Summary Judgment is GRANTED. DONE and ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, this /fday of May 2014. I NA FELE .1RCU GE Copies finished to attached service list 3 EFTA00620034 SERVICE LIST CASE NO. 502009CA040800XXXXMB-AG W. Chester Brewer Jr. Es uire W.W. Chester Brewer, Jr., . 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Jack Scarola Es uire ; mept Searcy Denney Scarola et al 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Golitlei.r Es uire ;MlirMMI Atterbury, Goldberger & Weiss, 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esquire 1 East Broward Blvd. Suite 700 Ft. Lauderdale, FL 33301 marc®nuriklaw.com Bradli Edward i sa mm uire Staff Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N. Andrews Avenue Suite 2 Ft. Lauderdale, FL 33301 Fred HaddidlEsiire dee fred®fredhaddadlaw corn 1 Financial Plaza Suite 2612 Ft. Lauderdale, FL 33301 Tonja Haddad Coleman, uire toniat4tonjahaddad.com; Law Offices of Tonja Haddad, 315 SE 7"` Street, Suite 301 Ft. Lauderdale, FL 33301 EFTA00620035 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION -AG CASE NO. 502009CA040800)CCXXMB JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTF-IN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. FINAL JUDGMENT Pursuant to the Summary Judgment rendered in this action: IT IS ADJUDGED that Counter-Plaintiff, BRADLEY J. EDWARDS, 425 N. Andrews Avenue, Suite 2, Ft. Lauderdale, FL 33301 (SS unknown) take nothing by this action and that Counter-Defendant, JEFFREY EPSTEIN, 6100 Red Hook Boulevard, Virgin Islands, shall go hence without day. The court reserves jurisdiction for the taxation of costs and if appropriate, the award of attorney's fees. DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this day of , 2014. SIGNED & DATED MAY 2 7 2014 JUDGE DONALD W. HAFELE CIRCUIT COURT JUDGE Copies furnished to those on the attached service list. EXHIBIT "Cw EFTA00620036 SERVICE LIST CASE NO. 502009CA040800XXXXMB-AG W. Chester Brewer, Jr., Esquire wcblawa wcbc W. Chester Brewer, Jr., 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Jack Scarola Seamy Denney Scarola et al 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldber er Es wire Atterbury, Goldberger & 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esquire 1 East Broward Blvd. Suite 700 Ft. Lauderdale. FL 33301 Bre J. Edwards Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N. Andrews Avenue Suite 2 Ft. Lauderdale, FL 33301 Fred Haddad Es uire 1 Financial Plaza Suite 2612. Ft. Lauderdale, FL 33301 Tonja Haddad Coleman, • tortja@tonjahadclad.com; Law Offices of Tonja Haddad, 315 SE 7th Street, Suite 301 Ft. Lauderdale, FL 33301 EFTA00620037