EFTA00292559.pdf

JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, and BRADLEY J, EDWARDS, individually. Defendants. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502009CA040800XXXXMBAG PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY EDWARDS' COUNTERCLAIM Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rule 1.110 of the Florida Rules of Civil Procedure, hereby files his Answer and Affirmative Defenses to Defendant/Counter-Plaintiff Bradley Edwards' ("Edwards") Counterclaim, and states: 1. Epstein admits that the Counterclaim alleges an amout within the jurisdictional purview of the Court, but denies that Edwards is entitled to said amount. 2. Epstein is without knowledge as to Edwards' residential status, but admits that he is an attorney licensed to practice law in the State of Florida. 3. Denied. 4. Epstein admits that he entered into a plea agreement that resulted in a felony conviction. Epstein further admits that the terms and conditions of the agreement speak for themselves. To the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph 4 of his Counterclaim, Epstein denies the allegations. EFTA00292559 5. Epstein admits that he was a party to civil actions brought on behalf of purported victims. The remaining allegations in Paragraph 5 contain annotations that are wholly inapposite, unprincipled, needlessly inflammatory, and serve no purpose other than to bolster Counter-Plaintiff's allegations and as such no response is warranted. 6. Epstein denies the allegations contained in Paragraph 6 and demands strict proof thereof. 7. Epstein denies Paragraph 7. except for the allegation therein stating that Edwards is involved in pending litigation in Federal Court under the Federal Crime Victims' Right's Act. 8. Epstein denies each and every allegation contained in Paragrapgh 8 and demands strict proof thereof. 9. Epstein denies the multiple allegations contained in Paragrapgh 9 and demands strict proof thereof. 10. Epstein denies the multiple allegations contained in Paragrapgh 10 and demands strict proof thereof. 11. Epstein admits that some of the claims initially filed by him against Edwards are delineated in Paragraph 11 and its subparts, but submits that the Initial Complaint speaks for itself and that to the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph II of his Counterclaim, Epstein denies the allegations.' 12. Epstein admits that some of the claims initially filed by him against Edwards are delineated in Paragraph 12 and its subparts, but submits that the Initial Complaint speaks for itself and that to the extent that Edwards has inaccurately summarized or interpreted Edwards fails to attach a copy of Epstein's Complaint to which he refers in this allegation. EFTA00292560 any provision thereof in Paragraph 12 of his Counterclaim, Epstein denies the allegations. Epstein denies the remaning allegations contained therein and demands strict proof thereof. 13. Epstein denies each and every allegation contained in Paragrapgh 13 and demands strict proof thereof. 14. Epstein denies each and every allegation contained in Paragrapgh 14 and demands strict proof thereof. IS. Epstein denies each and every allegation contained in Paragrapgh 15 and demands strict proof thereof. 16. Epstein denies each and every allegation contained in Paragrapgh 16 and demands strict proof thereof. 17. Epstein denies each and every allegation and claim for damages that is contained in Paragraph 17 and demands strict proof thereof. 18. Epstein admits that the Counterclaim alleges an amout within the jurisdictional purview of the Court, but denies that Edwards is entitled to said amount. 19. Epstein is without knowledge as to Edwards' residential status, but admits that he is an attorney licensed to practice law in the State of Florida. 20. Denied. 21. Epstein admits that he entered into a plea agreement that resulted in a felony conviction. Epstein further admits that the terms and conditions of the agreement speak for themselves. To the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph 21 of his Counterclaim, Epstein denics the allegations. EFTA00292561 22. Epstein admits that he was a party to civil actions brought forth by purported victims. but is without knowledge as to any further investigation by federal law enforcement, or Edwards' relationship with any other purported victims and therefore denies these allegations and demands strict proof thereof. 23. Epstein denies the allegations contained in Paragraph 23 and demands strict proof thereof. 24. Epstein denies each and every allegation contained in Paragrapgh 24 and demands strict proof thereof. 25. Epstein denies each and every allegation contained in Paragrapgh 25 and demands strict proof thereof. 26. Epestein denies each and every allegation contained in Paragrapgh 26 and demands strict proof thereof. 27. Epstein admits that some of the claims initially filed by him against Edwards are delineated in Paragraph 27 and its subparts, but submits that the Initial Complaint speaks for itself and that to the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph 27 of his Counterclaim, Epstein denies the allegations.2 28. Epstein submits that the Initial Complaint speaks for itself and that to the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph 28 of his Counterclaim, Epstein denies the allegations. Epstein denies the remaning allegations contained therein and demands strict proof thereof. 29. Epstein denies each and every allegation contained in Paragraph 29, including its subparts, and demands strict proof thereof. 2 Edwards fails to attach the Complaint to his Counterclaim. EFTA00292562 30. Epstein denies each and every allegation contained in Paragraph ≥0 and demands strict proof thereof. 31. Epstein denies each and every allegation contained in Paragraph 31 and demands strict proof thereof. 32. Epstein admits that he has Amended his Complaint over the course of this litigation, and submits that while some counts were dismissed without prejudice, this constitutes neither abandonment of his claims nor a bona fide termination thereof. As such. Epstein denies the remaining allegations contained in Paragraph 32 and demands strict proof thereof. 33. Epstein denies each and every allegation and claim for damagcs that is contained in Paragrapgh 33 and demands strict proof thereof. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE For his First Affirmative Defense, Epstein states that Edwards' Abuse of Process claim fails to state a claim upon which relief can be granted as is required under Rule 1.110 of the Florida Rides of Civil Procedure. Edwards did not, nor will he ever be able to, assert the three requisites required to properly plead same; to wit: 1) an illegal, improper, or perverted use of process after it issues (i.e., improper willful acts during the course of a prior action or before the filing of the Complaint); 2) an ulterior motive or purpose in exercising the illegal, improper, or perverted process; and 3) damages resulting therefrom. S & I Invs. v. Payless Flea Mkt., Inc., 36 So. 3d 909, 917 (Fla. 4th DCA 2010) (emphasis added); Della-Donna v. Nova Univ., Inc., 512 So. 2d 1051, 1055 (Fla. 4th DCA 1987). EFTA00292563 SECOND AFFIRMATIVE DEFENSE For his Second Affirmative Defense, Epstein states that Edwards' Malicious Prosecution claim fails to state a claim upon which relief can be granted as is required under Rule 1.110 of the Florida Rules of Civil Procedure. Specifically, the requisite of a "bone-fide termination of the original proceeding in favor of the present plaintiff' as delineated by the Florida Supreme Court as one of the legally-mandated elements to bring forth a Malicious Prosecution claim, has not, nor can it, be satisfied. See Alamo rent-A-Car v. Mancusi, 632 So. 2d 1352, 1355 (Fla. 1994). The "original proceeding" to which Edwards refers in his Counterclaim is, in fact, the current litigation that is pending against him; to which there has not been an "ending in a manner indicating [Edwards'] innocence of the charges or allegations contained in the first suit." See Doss v. Bank of America, N.A., 857 So. 2d 991, 994 (Fla. 5th DCA 2003). See also Yoder v. Adriatico, 459 So. 2d 449. 451 (Fla. 5th DCA 1984) (stating that the tort of malicious prosecution requires, as an element, the prior termination of that claim and therefore malicious prosecution may not be brought as a counterclaim). Indeed, it is well-settled law that an action for Malicious Prosecution cannot be filed until the original action is concluded, and that counts of a Complaint that are dismissed without prejudice are not deemed a "bona fide termination" in that party's favor. "Where dismissal is on technical grounds, for procedural reasons, or any other reason not consistent with the guilt of the accused, it does not constitute a favorable determination." Union Oil of California v. John Watson, 468 So. 2d 349 (3d DCA 1985). See also Rule 1.420 of the Florida Rules of Civil Procedure (stating that "[u]nlcss otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that EFTA00292564 a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim. (emphasis added)). Epstein has never filed a Notice of Dismissal of any of his claims. Accordingly, Edwards fails to state a claim upon which relief may be granted. THIRD AFFIRMATIVE DEFENSE For his Third Affirmative Defense, Epstein states that Edwards' Counterclaim fails to properly plead his damages as required as required under the Florida Rules of Civil Procedure. See Miami National Bank v. Nunez, 541 So. 2d 1259, 1260 (Fla. 3d DCA 1989) (stating that a litigant cannot recover as damages his own time for participating in a litigation when counsel is engaged to represent him). Edwards further pleads damages for injury to his reputation, mental anguish, anxiety, and embarassment, which arc impermissible and improperly plead. Most importantly, however, Epstein states that Edwards has not, nor will he, suffer any damages as a result of any actions allegedly taken by Epstein. In fact, this litigation with Epstein catapulted Edwards from an unknown solo practitioner to a partner at Rothstein, Rosenfeldt, Adler. Moreover, Edwards still utilizes his litigious association with Mr. Epstein at his new firm Farmer, Jaffe, Weissing, Edwards, Fistos, & Lehrman to disparage Epstein, to seek new clients on whose behalf he can sue Epstein, to attract additional plaintiffs for whom he can file suit, and to achieve notoriety with the press. See Composite Exhibit A attached hereto. EFTA00292565 Defendant specifically reserves the right herein to amend these defenses and plead other affirmative defenses that may become known during his continuing investigation of this action and during discovery in this case. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served, via electronic and US Mail, to all parties on the attached service list, this June 11, 2012. I 203 Tonja Haddad Coleman, Esq. Florida Bar No.: 176737 Tonja Haddad, PA 524 South Andrews Avenue Suite 200N Fort Lauderdale, Florida 33301 954.467.1223 954.337.3716 (facsimile) Attorneys for Plaintiff EFTA00292566 SERVICE LIST CASE NO. 502009CA040800)OOCXMBAG Jack Scarola, Esq. Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Esq. Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. I East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Bradley J. Edwards, Esq. Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fon Lauderdale, Florida 33301 Lilly Ann Sanchez, Esq. LS Law Firm Four Seasons Tower 15th Floor 1441 Brickell Avenue Miami, Florida 33131 EFTA00292567 Sexual Abuse Cases Under Investigation I Sex Abuse Witnesses I Farmer Jaffe Welssing 517/12 5 39 PM Farmer, Jaffe, Weissing, Edwards, Fistos Et Lehrman, P.L. (4 (888) 670-2451 CALL TODAY FOR A Free CASE EVALUATION • Home • Sexual ANN • Notable Cases • About IN • Victims Advocate • Undcr Inveqtratiou • Resources o Seminars, • Links • contact (l Sexual Abuse I Sexual Assault Sexual Abuse victims arc not alone and they have rights, if and when they are ready to pursue them. At Farmer Jaffe Weissing, we want to empower victims to come forward, repon crimes and hold perpetrators accountable: thereby educating the community and inspiring others to do the same. Sexual Abuse Cases Under Investigation Looking for Witnesses in Alleged Sexual Abuse Cases We support crime victim's cases with intensive factual and legal research. We arc investigating the following matters and issues that clients and other have brought to our attention. We are currently searching for witnesses to assist us in the following cases. If you have information, please contact us bettor call 800-400-1098. You can remain anonymous. • IEFFREY EPSTEIN (CHILD MOLESTER) - Our law firm numerous civil cases against Billionaire child molester Jeffrey Epstein. He is known to have molested children in various places, including on his private airplane. He is a registered sex offender in nun./ iwww..tbuseanclassault com/Abuse_Under_investlgati Exhibit A Page 1 of 2 EFTA00292568 Sexual Abuse Cases Under Investigation I Sex Abuse Witnesses I Farmer affe WeissMg 5/7/12 4:39 PM Florida. New York and the Virgin Islands. - Honda Sex Offender Fly'', - New York Sex Offender Myer Island Sex Offender Flyer If you have any information about his molestations of children or other crimes of his that are known to you. please call our law firm. If you were a former employee or a victim yourself. or have any information regarding his criminal activity, please contact ill. Your name can remain anonymous. HOW CAN WE HELP YOU? • submit • Find us on Facebook • at liolkiw us on YouTube • • a• Follow tic on Gawk+ Your Path to Justice Begins and Ends With Us! • Sexual Abuse • Notable Caws • About • Victim Adviwate • Contact It. • Disclaimer Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 N. Andrews Ave., Ste. 21 Ft. Lauderdale, Florida 33301 (881) 670-2451 e Copyright 2012 Fanner. Jaffe, Wcissing, Edwards. Fistos & Lehrman, P.L. All rights reserved. Designed by RAND Marketing I Powered by cfa httottwww.abuseandassaultam/Abuse_under_Investigation Page 2 of 2 EFTA00292569 Fort Lauderdale Sexual Abuse Lawyer I Victims Rights - Farmer. Jaffe. Weissing. Edwar... Page 1 of I Sexual Abuse Sexual Abuse £t Assault - Victim Rights Attorneys According to a U.S. Health and Human Services study, more than 83,000 substantiated reports of sexually abused children were made in 2005 alone. The actual number of incidents of sexual abuse is likely much higher because it is believed that sexual abuse, especially amongst children, is significantly underreported. Sexual abuse and molestation cause great suffering for victims. Victims often deal with unimaginable humiliation and shame and it often leaves long-lasting emotional and psychological damage. Perpetrators of Sexual Abuse @ Neglect The abuse and betrayal often arises out of institutions of trust—churches (Catholic Church, Dioceses), the entertainment Industry (actors, managers, production assistants), schools (teachers), youth and scouting clubs (boy scouts, YMCA), athletic leagues (coaches) and other organizations (foster care). Powerful organizations like the Catholic Church have been able to shelter accused priest and clergy as there continues to be no mention of penalties, censures, or removal from office for bishops who continue to hide and cover•up for the abusive priests. Many sexual predators are often wealthy and powerful and able to focus vast resources and high profile legal teams in an attempt to deflect attention, avoid criminal liability, and deny justice to their victims. Our attorneys also represent victims of child pornography where pedophiles and child molesters collect and distribute child pornography. Holding Perpetrators of Sexual Abuse Accountable Because sexual predators tend to abuse more than one victim, pursuing a civil lawsuit can help prevent the person who did the harm from doing the same to another child or person. Recently Farmer Jaffe Weissing Attorney Brad Edwards pursued victim rights cases on behalf of ten women who, between 12 and 15 years of age, were sexually molested and abused by Palm Beach resident Jeffrey Epstein. Edwards proved that Epstein, now a registered pedophile, and his international sex trafficking criminal enterprise exploited them and hundreds of other underage girls. Giving Sexual Abuse Victims A Voice Sexual Abuse victims are not alone and they have rights, if and when they are ready to pursue them. We want to empower victims to come forward, report crimes and hold perpetrators accountable; thereby educating the community and inspiring others to do the same. Attorney Brad Edwards has provided countless hours as a victims advocate, talking to individuals who have been victims of violent or sexual crimes and helping them through the many issues that crime victims encounter • such as options for payment of emergency and medical expenses, and understanding of the police investigation or criminal justice system, available counseling and options for pursuing civil justice for the crime committed. Free Initial Legal Consultation - and We Aren't Poid unless there is a Recovery Our consultations with potential clients are free and confidential. If we take your case, we are only paid fees and costs of suit if we succeed in winning a recovery for you. We advance the costs of your case, too, so there's no cost to you of bringing your lawsuit or claim. To tell us about your case or concern, please submit the form below or call the toll-free number indicated on the form. We will get back to you shortly. http://www.pathtojustice.comipractices/sexual-abuse/ 6/11/2012 EFTA00292570 Case Summary 6/11/12 2:05 PM CASE SUMMARY Domed Canly Cafe Number. CACE12013722 Co-al Typo Civil Division • Circuit Court inctent Dale N/A Com Locate., Central Courthouse 12.96v** ID: Nina. N/A 3See Reiscring Paxson- 062017CA013722AXXXCE Case Iwo. Nog - Negligence Other sang Oast 05/11/2012 CaseMass Pending Judge ID, Hort 13 Rosenberg. Robert A. We John Doe 1 Plaintiff vs. Jeffrey Bernard London Defendant Party Min D.O.S. DASD. Atterney*/ Bend * Omit Iasi Manley Lee Motet Doe 1. John race * %Tensing, Matthew D. Relatiotl Sent: 559792 i tendon, Jeffrey Bernard There Is no key date Information available for this can. Dela basalpdon Additional Text 05/29/2012 Affidavit filed under seal 05/2912012 Order Granting Motion .0 proceed in ins action under a pseudonym and keep true name in sealed erweloPe 05/2412012 Summons Returned Served 05/21/12 There is no related case information available for this use. Cow Detail NOTE: Solocilne the Case Well button yell deduct one will from your account. edam, Mother Seath ORE htips://www.clerk-17th-ficourts.org/Clerkwebsite/BCCOC2/0dysseyPA y premlum&DIsplayCitationnno&CaseNumberaCACE120137228/SearchType- Page 1 of 1 EFTA00292571