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NOT A CERTIFIED COPY Filing# 68019321 E-Filed 02/15/2018 01 :47:25 PM JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant, I --------------- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG EDWARDS' MOTION FOR ADVERSE INFERENCE INSTRUCTIONS REGARDING EPSTEIN'S FIFTH AMENDMENT ASSERTIONS TO FINANCIAL DISCOVERY AND APRIL 15, 2011 REQUEST TO PRODUCE Counter-Plaintiff, BRADLEY J. EDWARDS, by and through his undersigned counsel, hereby files this Motion for Adverse Inference Instructions Regarding Epstein's Fifth Amended Assertions to Financial Discovery and April 15, 2011 Request to Produce, and as grounds therefor states as follows: 1. Epstein has raised his Fifth Amendment privilege against self-incrimination with respect to all net worth discovery regarding punitive damages. Pursuant to Judge Crow's November 15, 2013 Order, the Court deferred on the issue of whether Edwards is entitled to an adverse inference jury instruction as a result of Plaintiff/Counter-Defendant's Fifth Amendment assertions. 2. Specifically, Epstein has raised his 5 th Amendment privilege as to all net worth discovery, including in the following pleadings: FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 02/15/2018 01 :47:25 PM NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800:XXXXMBAG Bradley J. Edwards' Motion for Adverse Inference Jury Instruction Page 2 of4 a. 7/9/13 Amended Response to Punitive Damage Production Request [ all objected to on basis of privilege against self-incrimination] b. 7/10/13 Amended Responses to Net Worth Interrogatories [all objected to on basis of privilege against self-incrimination] c. 3/27/13 Responses to Request for Admissions [requests 3-13 objected to on the basis of the privilege against self-incrimination] 3. It is well-settled in Florida that "a court may draw an adverse inference against a party in a civil action who invokes the Fifth Amendment privilege against self-incrimination." See Atlas v. Atlas, 708 So. 2d 296, 299 (Fla. 4th DCA 1998) (citing Baxter v. Palmigiano, 425 U.S. 308 (1976). 4. Edwards is therefore entitled to an adverse inference jury instruction as to all Fifth Amendment assertions concerning punitive damage net worth discovery. See id. 5. In addition, Epstein objected to Edwards' April 15, 2011 Request to Produce on the basis of his Fifth Amendment privilege. That discovery request sought communications between Epstein (and his agents) and any government official which relate to Epstein's sexual molestation of children, as follows: All documents* constituting, reflecting, or relating to communications between [Epstein] or any agent of [Epstein], on the one hand, and ... any prosecuting, law enforcement, and/or government entity which communication relates directly or indirectly to any allegation of illegal activity or tortuous conduct in which Epstein is alleged to have engaged. NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Bradley J. Edwards' Motion for Adverse Inference Jury Instruction Page 3 of4 6. By raising his Fifth Amendment privilege in this civil proceeding, Edwards is entitled to an adverse inference jury instruction that communications exist between Epstein and the government evidencing that Epstein committed the crimes he was accused of committing. WHEREFORE, Counter-Plaintiff Bradley J. Edwards respectfully requests that this Court enter an Order granting this Motion for Adverse Inference Instructions Regarding Epstein's Fifth Amended Assertions to Financial Discovery and April 15, 2011 Request to Produce, and awarding any such further relief as the Court deems just and proper given the circumstances. 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 l~a of February. 2018. ~d~ Flori,a Ba DtID . VITALE JR. Fl ri Bar No.: 115179 }\: 7 omey E-Mail(s): jsx@searcylaw.com and mmccann@searcylaw.com Primary E-Mail: _scarolateam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for Bradley J. Edwards NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Page 4 of4 Scott J. Link, Esq. Link & Rockenbach, P.A. Scott@linkrocklaw.com Kara@linkrocklaw.com 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: 561-727-3600 Fax: 561-727-3601 Attorneys for Jeffrey Epstein Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian A venue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein COUNSEL LIST Nichole J. Segal, Esquire njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Attorneys for Bradley J. Edwards Bradley J. Edwards, Esquire staff.efile@pathtojustice.com 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Marc S. Nurik, Esquire marc@nuriklaw.com One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein