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A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX 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 additional affirmative defense provides an absolute defense to at least one of the causes of action Edwards has asserted against Epstein See Royal Trust Bank N.A Von Zamft So 2d Fla 3d DCA Consequently Epstein should be permitted to amend his pleadings Furthermore this amendment to Epsteins affirmative defenses will cause no prejudice to Edwards because Edwards has already sought discovery on this defense Rule of the Florida Rules of Civil Procedure provides that when issues not raised by the pleadings are tried by express or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings Fla Ci See alsoAngloAmericanAutoAuctions Inc Tuminello So 2d Fla 5th DCA The crucial consideration for the court is the test of prejudice New River Yachting Center Bacchiocchi So 2d Fla 4th DCA rev denied So.2 FLA R.C1v Leave to amend should not be denied unless the privilege has been abused or the pleading is clearly not amendable Osborne Delta Maintenance and Welding So 2d Fla 2nd DCA This determination should be governed by a policy favoring resolution of cases on their merits unless the privilege of amendment has abused Enstrom Dixon So 2d Fla 4th DCA holding that lit is the policy in this State to freely allow amendments to pleadings in order that causes may be tried on their merits and justice may be achieved In exercising the discretion inherent in the trial court to allow or disallow amendments all doubts should be resolved in favor of the former unless the privilege be abused As such Epsteins pleading should be amended to conform with the evidence Here Edwardss recently filed discovery request in which he is seeking information relating to advice of counsel arguably constitutes implied consent to the litigation of this issue as contemplated by Rule As such the pleadings should confirm with the evidence that will be created through this discovery as the court may allow the pleadings to be amended to conform with the evidence and shall do so freely when the merits of the cause are more effectually presented thereby and the objecting party fails to satisfy the court that the admission of such evidence will prejudice the objecting party in maintaining an action or defense upon the merits Trans World Marine Corp Threlkeld So 2d Fla 3d DCA FLA R.CIV WHEREFORE Plaintiff/Counter-Defendant Jeffrey Epstein seeks leave to file the proposed Amendment to his Answer and Affirmative Defenses to Edwardss Fourth Amended Counterclaim as attached hereto 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 September Isl Tonja Haddad Coleman Tonja Haddad Coleman Esq Florida Bar No Tonja Haddad PA SE th Street Suite Fort Lauderdale Florida facsimile Attorneys for Epstein SERVICE LIST CASE NO Jack Scarola Esq Searcy Denney Scarola et al Palm Beach Lakes Blvd West Palm Beach FL Jack Goldberger Esq Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews A venue Suite Fort Lauderdale Florida Fred Haddad Esq Financial Plaza Suite Fort Lauderdale FL JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually and BRADLEY EDWARDS individually Defendants IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JUDGE CROW PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEINS AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY EDWARDSS FOURTH AMENDED COUNTERCLAIM Plaintiff/Counter-Defendant Jeffrey Epstein Epstein by and through his undersigned counsel and pursuant to Rule of the Florida Rules of Civil Procedure hereby files this Amended Answer and Affirmative Defenses to Defendant/Counter-Plaintiff Bradley Edwardss Edwards Fourth Amended Counterclaim Counterclaim and states Epstein admits that the Counterclaim alleges an amount within the jurisdictional purview of the Court but denies that Edwards is entitled to said amount Epstein is without knowledge as to Edwardss residential status but admits that he is an attorney licensed to practice law in the State of Florida Epstein admits that he is sui juris but denies that he is a resident of Palm Beach County Florida 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 of his Counterclaim Epstein denies the allegations 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 Edwardss relationship with any other purported victims and therefore denies these allegations and demands strict proof thereof Epstein admits that during certain times throughout the litigation he asserted his rights against self-incrimination as afforded to him by the Fifth Amendment to the United States Constitution Epstein denies the remaining allegations contained in Paragraph and demands strict proof thereof Epstein denies Paragraph except for the allegation therein stating that Edwards is involved in pending litigation in Federal Court under the Federal Crime Victims Rights Act Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein admits that some of the causes of action filed by him against Edwards are delineated in Paragraph and its subparts To the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph of his Counterclaim Epstein denies the allegations Epstein admits that in one of his Complaints he alleged some of the causes of action against Edwards as specifically stated in Paragraph and its subparts but denies that he has Edwards fails to attach a copy of Epsteins Complaint or even reference the version of the Complaint to which he refers in this allegation ever asserted a cause of action for Civil Theft against Edwards as alleged in Paragraph To the extent that Edwards has inaccurately summarized or interpreted any provision of Epsteins Complaint in Paragraph of his Counterclaim,2 Epstein denies the allegations Epstein further denies the remaining allegations contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragrapgh and its subparts and demands strict proof thereof With respect to subsection of Paragraph Epstein further denies that Edwards actions were afforded absolute protection under the litigation privilege See Delmonico Traynor FLW February Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation and claim for damages that is contained in Paragraph including its subparts and demands strict proof thereof Epstein denies that Edwards is entitled to any demand made in his WHEREFORE clause including any assertion of alleged Punitive Damages Epstein admits that the Counterclaim alleges an amount within the jurisdictional purview of the Court but denies that Edwards is entitled to said amount Edwards fails to attach a copy of Epsteins Complaint or even reference the version of the Complaint to which he refers in this allegation 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 Epstein admits that he is sui Juris but denies that he is a resident of Palm Beach County Florida 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 of his Counterclaim Epstein denies the allegations 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 Edwardss relationship with any other purported victims and therefore denies these allegations and demands strict proof thereof Epstein admits that during certain times throughout the litigation he asserted his rights against self-incrimination as afforded to him by the Fifth Amendment to the United States Constitution Epstein denies the remaining allegations contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein admits that some of the claims initially filed by him against Edwards are delineated in Paragraph and its subparts To the extent that Edwards has inaccurately summarized or interpreted any provision thereof in Paragraph of his Counterclaim Epstein denies the allegations Epstein admits that in one of his Complaints he alleged some of the causes of action against Edwards as specifically stated in Paragraph and its subparts but denies that he has ever asserted a cause of action for Civil Theft against Edwards as alleged in Paragraph To the extent that Edwards has inaccurately summarized or interpreted any provision of Epsteins Complaint in Paragraph of his Counterclaim Epstein denies the allegations Epstein denies the remaining allegations contained therein and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph including its subparts and demands strict proof thereof With respect to subsection of Paragraph Epstein further denies that Edwards actions were afforded absolute protection under the litigation privilege See Delmonico Traynor FLW February Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation contained in Paragraph and demands strict proof thereof Epstein admits that he amended his Complaint over the course of the litigation and that some counts contained in his Complaint were dismissed by the Court without prejudice However Epstein denies that this constitutes abandonment of his claims and/or a bona fide Edwards fails to either attach the Complaint to his Counterclaim or reference the specific Complaint to which he is referring in Paragraph Edwards fails to either attach the Complaint to his Counterclaim or reference the specific Complaint to which he is referring in Paragraph termination of his claims in Edwardss favor Epstein denies any and all remaining allegations contained in Paragraph and demands strict proof thereof Epstein denies each and every allegation and claim for damages that is contained in Paragraph including its subparts and demands strict proof thereof Epstein denies that Edwards is entitled to any demand made in his WHEREFORE clause including any assertion of alleged Punitive Damages 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 of the Florida Rules of Civil Procedure Edwards did not nor will he ever be able to assert the three requisites required to properly plead same to wit an illegal improper or perverted use of process after it issues an ulterior motive or purpose in exercising the illegal improper or perverted process and damages resulting therefrom I Invs Payless Flea Mkt Inc So 3d Fla 4th DCA emphasis added Della-Donna Nova Univ Inc So 2d Fla 4th DCA 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 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 Mancusi So 2d Fla The original proceeding to which Edwards refers in his Counterclaim is in fact the case Epstein voluntarily dismissed without prejudice and could re-file at any time A bona-fide termination would prohibit re-filing As such there has not been the required ending in a manner indicating Edwards innocence of the charges or allegations contained in the first suit See Doss Bank of America N.A So 2d Fla 5th DCA See also Yoder Adriatico So 2d Fla 5th DCA 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 partys 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 John Watson So 2d 3d DCA 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 under the Florida Rules of Civil Procedure See Miami National Bank Nunez So 2d Fla 3d DCA 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 are impermissible and improperly plead Finally Edwards fails to properly plead punitive damages as required by the Florida Rules of Civil Procedure 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 both on its firm website and firm Facebook page 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 FOURTH AFFIRMATIVE DEFENSE For his Fourth Affirmative Defense Epstein asserts that he is afforded absolute immunity pursuant to the Litigation Privilege because his actions were connected with relevant to and material to the cause at hand The Litigation Privilege protects actions taken that are related to the judicial proceeding Litigation privilege arises immediately upon the doing of any act required or permitted by law in the due course of the judicial proceedings or as necessarily preliminary thereto Fridovich Fridovich So 2d Fla This absolute immunity afforded to Epstein pursuant to the Litigation Privilege appears on the face of the Counterclaim as filed by Edwards As such Edwards is barred from proceeding with this litigation FIFTH AFFIRMATIVE DEFENSE For his Fifth Affirmative Defense Epstein asserts that the causes of action described in Edwards Fourth Amended Counterclaim were commenced based upon the good faith advice of an attorney Roy Black Esq Royal Trust Bank N.A Von Zamft So 2d Fla 3d DCA Epstein 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 service to all parties on the attached service list this September Isl Tonja Haddad Coleman Tonja Haddad Coleman Esq Florida Bar No Tonja Haddad PA SE th Street Suite Fort Lauderdale Florida facsimile Attorneys for Plaintiff SERVICE LIST CASE NO Jack Scarola Esq jsx searcylaw.com mep searcylaw.com Searcy Denney Scarola et al Palm Beach Lakes Blvd West Palm Beach FL Jack Goldberger Esq jgoldberger agwpa.com smahoney agwpa.com Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL Bradley Edwards Esq brad pathtojustice.com Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews A venue Suite Fort Lauderdale Florida Fred Haddad Esq Dee FredHaddadLaw.com Financial Plaza Suite Fort Lauderdale FL Tonja Haddad Coleman Esquire Tonja tonjahaddad.com efiling tonjahaddad.com Law Offices of Tonja Haddad P.A SE 7th Street Suite Fort Lauderdale FL Attorneys for Jeffrey Epstein
