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CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 Epstein Rothstein Page claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Epstein admits he has been sued civilly by a number of individuals and admits that a number of cases have been settled and other cases remain pending As to the remaining allegations of paragraph Epstein asserts his Fifth Amendment privilege against self incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Epstein admits that he has asserted his th Amendment right against self incrimination as well as other constitutional rights As to the remaining allegations of paragraph Epstein Rothstein Page Epstein asserts his Fifth Amendment privilege against self-incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Epstein admits that Edwards has clients prosecuting claims against him As to the remaining allegations in paragraph Epstein asserts his Fifth Amendment privilege against self incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self Incrimination court must treat the defendants claim of privilege as equivalent to a specific Epstein Rothstein Page denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Epstein denies that Edwards has not engaged in any unethical illegal or improper conduct and further denies that Edwards has not taken action inconsistent with the representation of his clients As to the remaining allegations in paragraph Epstein asserts his Fifth Amendment privilege against self-incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Epstein denies that he had filed this cause of action to intimidate anyone into abandoning and/or settling any claims that have been made against Epstein As to the remaining Epstein Rothstein Page allegations paragraph Epstein asserts his Fifth Amendment privilege against self incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege The complaint is the best evidence of the allegations asserted by the Plaintiff Epstein and Epstein denies the remaining allegations of paragraph Epstein denies any ulterior motive purpose or any illegal improper or perverted use of process and further denies the allegation regarding his real purpose relative to Edwards and L.M As to the remaining allegations in paragraph Epstein asserts his Fifth Amendment privilege against self-incrimination See DeLisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a Epstein Rothstein Page claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege Deny AFFIRMATIVE DEFENSES First Affirmative Defense Edwards fails to state a cause of action for abuse of process Edwards has failed to allege any misuse of process after the instant lawsuit was filed and served Accordingly Edwards has failed to state a cause of action for abuse of process and his Counterclaim must therefore be dismissed Second Affirmative Defense To the extent Edwards claims Epsteins lawsuit/acts are tortious in nature the litigation privilege is an absolute immunity that covers both defamatory statements and other tortuous behavior during a judicial proceeding Epstein Rothstein Page Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S Mail to the following addressees on this th day of March MARC NURIK ESQ Law Offices of Mark Nurik One East Broward Boulevard Suite Fort Lauderdale FL Fax Gary Farmer Jr Esq Farmer Jaffe Weissing Edwards Fistos Lehrman PL Andrews A venue Suite Fort Lauderdale FL Fax Attorneys for Defendant Scott Rothstein Attorneys for Defendant L.M Jack Scarola Esq Searcy Denney Scarola Barnhart Shipley P.A Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian A venue South Palm Beach Lakes Blvd West Palm Beach FL Suite West Palm Beach FL Fax Co-Counsel for Defendant Jeffrey Epstein Attorneys for Defendant Bradley Edwards BURMAN CRITTON LUTTIER COLEMAN LLP Banyan Boulevard Suite West Palm Beach FL By Michael Pike Florida Bar
