EFTA01120060.pdf

SEARCY DENNEY El WEST PALM BEACH (*Arr. SCAROLA OTALLAHASSEE ()Mex. 2139 PALM BEACH LAKES BLVD. WEST PALM BEACH. FLORIDA 33409 BARNHART THE TOWLE HOUSE 517 NORTH CALHOUN STREET TALLAHASSEE. FL 32301.1231 P.O. BOX 3826 WEST PALM BEACH. FLORIDA 33402 iw--SHIPLEYA PO. BOX 1230 TALLAHASSEE. FLORIDA 32302 %zenith VIA EMAIL AND U.S. MAIL September 14, 2011 ATTORNEYS AT LAW ROSALYN SA DAM 0-11ARNES Joseph L. Ackerman, Jr., Esquire H. GREGORY BAR WART T HARDEE BASS. Ill Christopher Knight, Esquire LAME J. BR GGGS BRAN R pNAY Fowler White Burnett, P.A. BRENDA S. FULAIER MARIANO GARCIA 901 Phillips Point West JAMES W. GUSTAFSON. JR. JACK P PILL 777 S Flagler Drive DAVID X. KELLEY. ARLAN KNOT DARRYL L. Lnyis' West Palm Beach, FL 33401-6170 'WILLIAM A.NORTON PATO L. DONLAN' (OHMIC V RICCI SCAROLA Jack A. Goldberger, Esquire 'CHRISTIAN 0. SEARCY 'JOHN A. SINTTLEY Atterbury, Goldberger & Weiss, P.A. SPEED" CHRISTOPHER K. BRIAN F. SULLIVAN''' 250 Australian Avenue South, Suite 1400 KAREN LTERRY T. CALVIN WARRINER It West Palm Beach, FL 33401 CCKAASA 'CARL L DCINEY. Re: Edwards adv. Epstein SHAREHOLDERS *HOARD CEITPPIED Our File No.: 291874 arcommnru 'KENTUCKY MAINE IAARY LAM Gentlemen: 'Lusaka-Winn; 1 ms-sissy', G REW HAMPSIRRE T TO- JERSEY Pursuant to Section 57.105(4), Fla. Stat., you are hereby notified that we will be filing VIRGIN% . WASTINGICA DC the enclosed Motion of Defendant/Counterplaintiff, Bradley J. Edwards, for PARALEGALS. Attorney's Fees pursuant to Florida Statute §57.105 unless, within twenty-one (21) VNLANAYNK•E.ECIA days after service of this letter, you voluntarily withdraw your Section 57.105 Notice RANCH V. DUFRESNE DAVID W GILMORE of September 2, 2011 in Case No. 502009CA040800)OOO3M, Division AG in the ADTPT C MORIONS DANA B 'MEM Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. DEBORAH IA 10MAP VACE•47 L LEONARD.A. JADES PETER LOVE Section 57.105 provides for the award of attorney's fees against both a party and that ROBERT W PITCHER MARK P PORGY party's attorney. KMITLEETI SIMON SIEVE M. WITH BONNE S STARK WALTER A. STEN It is our position that your Notice is not supported by the material facts and/or the application of existing law to those facts, as set forth in the enclosed motion. Your assertion that Mr. Edwards' Counterclaim which has survived various attacks by you is somehow without legal and factual support is contradicted by all of the arguments and evidence detailed in our pending Motion for Summary Judgment. But even clearer contradiction is found in the fact that at the very same time you are threatening a,sr-Ots. WWWSEARCVLAW.COM EFTA01120060 Joseph L. Ackerman, Esquire Christopher Knight, Esquire Jack A. Goldberger, Esq. Edwards adv. Epstein September 14, 2011 Page 2 to have us sanctioned for prosecuting a spurious claim, you are offering to settle that claim by paying hundreds of thousands of dollars. Please be advised that we will therefore file the enclosed Motion for Attorney's Fees pursuant to §57.105, Fla. Stat., with the trial court, in accordance with the requirements of Section 57.105, if you do not voluntarily withdraw your baseless motion within 21 days. Please govern yourself accordingly. SCAROLA mep nc. cc: Bradley J. Edwards, Esquire EFTA01120061  IN THE CIRCUIT COURT OF THE FIF [LENIN JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800)OOOCMBAG JEFFREY EPSTEIN, PlaintiffIs), vs. SCOTT ROTHSTEIN, individually, DRAFT BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant(s). DEFENDANT/COUNTERPLAINTIFF, BRADLEY J. EDWARDS' MOTION FOR ATTORNEY'S FEES PURSUANT TO FLA. STAT. O7.105 Defendant/Counterplaintiff, BRADLEY J. EDWARDS, by and through his undersigned counsel, respectfully moves this Court, pursuant to §57.105, Fla. Stat., for an award of reasonable attorney's fees incurred in defending PlaintifUCounterdefendant, JEFFREY EPSTEIN'S Motion for Attorney's Fees Pursuant to Fla. Stat. §57.105, and in support thereof states as follows: 1. Section 57.105 provides, in relevant part: (1) Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: EFTA01120062 Edwards adv. Epstein Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA040800XXXXMBAG (a) Was not supported by the material facts necessary to establish the claim or defense; or (b) Would not be supported by the application of then-existing law to those material facts. 2. The amendments to §57.105, Fla. Stat. expanded the scope of the statute to apply to any claim or defense. See Boca Burger, Inc. v. Forum, 912 So.2d 561 (Fla. 2005). 3. Pursuant to §57.105, Fla. Stat., attorney's fees may be awarded if the party or its counsel knew or should have known that the claim or defense asserted was not supported by the facts or an application of then-existing law. See, e.g., Read v. Taylor, 832 So.2d 219 (Fla. 4 DCA 2002). 4. On or about September 2, 2011, EPSTEIN filed a Notice of Intent to File a F.S. §57.105 motion seeking to sanction EDWARDS and his counsel for the prosecution of EDWARDS' Counterclaim against EPSTEIN. The assertion that the Counterclaim lacked factual and legal support is clearly spurious in light of the factual and legal support detailed in EDWARDS' pending Motion for Summary Judgment and Motion to Assert Claim for Punitive Damages. Moreover, at the very same time that EPSTEIN takes the position in his §57.105 motion that EDWARDS' claim is baseless; he has filed a Proposal for Settlement offering to pay hundreds of thousands of dollars to settle that same claim. WHEREFORE, Defendant/Counterplaintiff, BRADLEY J. EDWARDS, respectfully requests that his Motion for Attorney's Fees Pursuant to §57.105, Fla. Stat., be granted and that this Court grant such other and further relief as deemed necessary and proper. 2 EFTA01120063 Edwards adv. Epstein Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA0408007OOO/MBAG I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all Counsel on the attached list, this 2011. Jack S Flori No.: 169440 S enney Scarola Barnhart & Shipley 2 Palm Beach Lakes Boulevard est Palm Beach Florida 33409 Phone: Fax: Attorney for BRADLEY J. EDWARDS 3 EFTA01120064 Edwards adv. Epstein Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA040800)OOOCM13AG COUNSEL LIST Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. Attorney For: Jeffrey Epstein 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: Fax: Fanner, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL Attorney For: Jeffrey Epstein 425 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: Fax: Marc S. Nurik, Esquire Law Offices of Marc S. Nurik Attorney For: Scott Rothstein One E Broward Blvd., Suite 700 Fort Lauderdale. FL 33301 Phone: Fax: Joseph L. Ackerman, Jr., Esquire Fowler White Burnett, P.A. Attorney For: Jeffrey Epstein 901 Phillips Point West 777 S Flagler Drive West Palm Beach. FL 33401-6170 Phone: Fax: 4 EFTA01120065