1220.pdf

NOT A CERTIFIED COPY Filing# 68309989 E-Filed 02/22/2018 10:48:29 AM JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant, _______________ / IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800:XXXXMBAG EDWARDS' REPLY TO EPSTEIN'S RESPONSE IN OPPOSITION TO EDWARDS' MOTION IN LIMINE FILED FEBRUARY 6, 2018 Counter-Plaintiff, BRADLEY J. EDWARDS, by and through his undersigned counsel, hereby files this Reply to Epstein's Response in Opposition to Edwards' Motion in Limine filed February 6, 2018, and as grounds therefor states as follows: 1. Epstein's Response offers no case law to support his contention that, despite black- letter law forbidding any such argument, Epstein should nonetheless be permitted to make "comparative verdict" arguments to the jury. Epstein instead simply invites the Court to commit clear error and permit him to compare the settlements received by L.M., E.W. and Jane Doe in their civil molestation cases to the damages sought by Edwards in this malicious prosecution counterclaim. Consistent with Wynn and Wright & Ford Mil/works, the Court should decline Epstein's invitation. 2. In addition, Epstein's argument that it is a "fair comment on the evidence" to argue that Bradley Edwards is selfishly seeking more damages than he recovered in the three settlements FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 02/22/2018 10:48:29 AM NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Bradley J. Edwards' Reply to Epstein's Response in Opposition to Motion in Limine Page 2 of4 ignores the fact that such argument has no relevance to any material fact at issue in this malicious prosecution case. The jury cannot be asked to determine Bradley Edwards' damages to his reputation, mental anguish, shame, humiliation, loss of the enjoyment of life, and lost time by considering the settlements received by Epstein's victims due to the horrendous sexual abuse they suffered at his hands. The claims are different, the parties are different, the damage categories are different, the factors influencing the settlement decision are different, and those who controlled the decision as to whether to accept a settlement offer are different. Moreover, settlements never represent the jury value of the contested claim, making any improper comparison argument particularly irrelevant. Any such commentary is therefore barred under the most basic 401 analysis. 3. Epstein expressly alleged in his baseless lawsuit against Bradley Edwards that the claims of the Edwards' clients were fabricated and of minimal value. His subsequent voluntary settlement of those claims for $5.5 million is an acknowledgment of the falsity of those allegations and proves the magnitude of the lability from which Epstein was seeking to shield himself by trying to intimidate Bradley Edwards. The settlements are directly and solely relevant for those reasons. 4. For these reasons, as well as those stated in Edwards' Motion in Limine, the Court should enter an Order precluding Epstein's counsel from making these irrelevant and inflammatory arguments in the presence of the jury. NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Bradley J. Edwards' Reply to Epstein's Response in Opposition to Motion in Limine Page 3 of4 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 Z2.. day of February. 2018. Florida Bar No.: 16944 DAVID P. VITALE JR. Florida Bar No.: 115179 Attorney 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 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 A venue, Suite 350 West Palm Beach, FL 33401 Phone: ( 561 )-721-0400 Attorneys for Bradley J. Edwards Bradley J. Edwards, Esquire staf£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