EFTA00594303.pdf

08/23/2011 18:38 FAX 5618845818 SEARCY DENNEY gho01/003 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXM BAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and MI individually, Defendant(s). MOTION TO DISMISS SECOND AMENDED COMPLAINT Defendant/Counter-plaintiff, BRADLEY J. EDWARDS, moves this Honorable Court to dismiss the Second Amended Complaint against him for failure to state a cause of action and in support thereof would show: 1. the "Introduction" to the Second Amended Complaint is nothing more than coriclusory surplusage apparently intended to defame Mr. Edwards under the protection of the litigation privilege; 2. Except for the filing of a federal complaint that did not name Epstein and was appiarently never served on him,* the Amended Complaint fails to identify the "process" alleged to be abusive, on whom it is claimed to have been sewed, or when it is claimed to have been ser*ed; 13 ragraph 30(b) of the Second Amended Complaint references a federal civil action with which *I "Sowards was never served." Presumably, since the complaint is alleged to have been filed by Edwards, the allegation was meant to have referenced Epstein rather than Edwards. EFTA00594303 08/23/2011 16:38 FAX 5616845816 SEARCY DENNEY 002/003 Edwards adv. Epstein Edwards' Motion to Dismiss Second Amended Complaint Case No.: 502009CA040800X.XXXMBAG 3. the Amended Complaint fails to articulate a cognizable theory of damages prolicimately caused by any wrongdoing on the part of Bradley J. Edwards; 4. the Amended Complaint fails to identify any conduct outside the protection of the litigation privilege which could give rise to any liability on the part of Bradley J. Edwards; 5. all legal arguments and authorities as contained in the Defendant's previously I filed Motion for Summary Judgment and Motion to Assert Claim for Punitive Damages are I incorporated herein by reference. WHEREFORE, BRADLEY J. EDWARDS, demands dismissal of the Second Amended Complaint against him. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Fax and U.S. Mail to all Counsel on the attached list, ay of August, 11. Jack Sc Flori o.: 1 69440 nney Scarola Barnhart & Shipley alm Beach Lakes Boulevard Palm Beach, Florida 33409 one: (561) 686-6300 Fax: (561) 383-9451 Attorneys for BRADLEY J. EDWARDS 2 EFTA00594304 08/23/2011 16:38 FAX 5616845816 SEARCY DENNEY %003/003 Edvrards adv. Epstein Edwards' Motion to Dismiss Second Amended Complaint Case No.: 502009CA040800XXXXMBAG COUNSEL LIST Martin Weinberg, Esquirc Martin Weinberg, M. Marc S. Nurik, Esquire 20 Park Plaza, Suite 1000 Law Offices of Marc S. Nurik Suffolk, MA 02116 Attorney For: Scott Rothstein Phone: (617) 227-3700 One E Broward Blvd., Suite 700 Fax: (617) 338-9538 Fort Lauderdale, FL 33301 Phone: (954) 745-5849 Jack A. Goldberger, Esquire Fax: (954) 745-3556 Atterbury, Goldberger & Weiss, 25(1 Australian Avenue South, Suite 1400 Joseph L. Ackerman, Jr squire Wert Palm Beach, FL 33401 Fowler White Burnett, M. Phqne: (561) 659-8300 Attorney For: Jeffrey Epstein Faxl: (561) 835-8691 901 Phillips Point West 777 S Flagler Drive Farmer, Jaffe, Weissing, Edwards, Fistos & West Palm Beach, FL 33401-6170 Le an, PL Phone: (561) 802-9044 425 N. Andrews Avenue, Suite 2 Fax: (561) 802-9976 For Lauderdale, FL 33301 Ph e: (954) 524-2820 Fax (954) 524-2822 3 EFTA00594305