1020.pdf

NOT A CERTIFIED COPY Filing# 62946479 E-Filed 10/17/2017 03:14:54 PM 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 SUPPLEMENT TO RESPONSE IN OPPOSITION TO JEFFREY EPSTEIN'S MOTION FOR TEMPORARY STAY OF PROCEEDINGS Bradley J. Edwards, by and through his undersigned counsel, hereby files this Supplement to his Response in Opposition to Plaintiff/Counter-Defendant, Jeffrey Epstein's, Motion for Temporary Stay of Proceedings, as follows: While Jeffrey Epstein expressly seeks a temporary stay of these proceedings pending the outcome of the Doe case, his motion makes clear that disposition of the Doe case will not resolve the civil litigation issues he created by suing Bradley Edwards for allegedly fabricating false molestation charges against him. It is certainly true that if the Non-Prosecution Agreement (NPA) is invalidated, Epstein faces Federal prosecution for a wide range of crimes as to which the NP A purports to grant him immunity. However, it is equally true that even if the CVRA challenge to Epstein's immunity deal fails, Epstein is still in jeopardy of Federal criminal prosecution. As Epstein points out in the footnote at Page 6 of his motion: FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/17/2017 03:14:54 PM NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Supplement to Response in Opposition to Jeffrey Epstein's Motion for Temporary Stay of Proceedings Page 2 of5 "The Government has argued in Doe v United States, 08-cv-80736-KAM, Dkt. 205-2 at 9-13, that, by its express terms, the NPA binds only the United States Attorney's Office for the Southern District of Florida, is venue and subject matter specific, and does not, accordingly, preclude prosecution in any other district nor prosecution for offenses that were not within the statutes specifically enumerated in the NP A, or the subject of the joint investigation of the Federal Bureau oflnvestigation and the U.S. Attorney's Office in the Southern District of Florida. NPA at 2-3." Accordingly, there is nothing temporary about the relief Jeffrey Epstein seeks. The geographic and temporal scope of the criminal conduct in which Jeffrey Epstein has engaged and the dozens (if not hundreds) of children he is believed to have victimized expose him to criminal prosecution completely independent of his ability to preserve the sweetheart deal he cut with Federal prosecutors in the Southern District of Florida. As Jeffrey Epstein is compelled to concede, "there is no constitutional right to a stay of civil proceedings pending resolution of a related criminal proceeding." Here, there is not only no criminal proceeding pending, there is no predictable end in sight to the related proceeding that is pending, and the pending CVRA proceedings will not terminate Epstein's criminal exposure no matter how or when the CVRA proceeding is resolved. And Epstein never argues otherwise. He makes no prediction as to when the CVRA action will terminate. He makes no commitment that his Fifth Amendment assertions will be withdrawn when the CVRA action does terminate. Epstein urges consideration of six factors in determining whether a stay should be granted: 1. There is a direct and substantial overlap between the issues raised in these proceedings and Epstein's ongoing criminal exposure. Epstein created that overlap when he framed the issues in his false and malicious action against Edwards. NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Supplement to Response in Opposition to Jeffrey Epstein's Motion for Temporary Stay of Proceedings Page 3 of5 2. Epstein has not been indicted. He may never be indicted. His jeopardy exists independent of any decision as to whether he can or will be indicted. 3. Edwards' interests in resolving these decade-old claims far outweigh Epstein's interests when he needlessly started this fight and waited years to request this indefinite ( and potentially limitless) stay. 4. Epstein waived any interest he might have to a stay by delaying as long as he has to request it. 5. The Court has a clear interest in resolving this matter which is rapidly approaching trial after a decade of delay. 6. The public has a very substantial interest in concluding this matter which has been the focus of intense public attention and involves allegations of a substantial perversion of the justice system. Nothing about the weighing of these factors supports the granting of the relief Jeffrey Epstein seeks. Defendant/Counter-plaintiff, Bradley J. Edwards, respectfully submits that the Court should deny Jeffrey Epstein's Motion for Temporary Stay of Proceedings. NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Supplement to Response in Opposition to Jeffrey Epstein's Motion for Temporary Stay of Proceedings Page 4 of5 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve / 1?-- f\,,w-"' to all Counsel on the attached list, this ___ day of b'erl ou-c/L--2017. JAC CiOLA Flo~aa No.: 169440 A om E-Mail(s): jsx@searcylaw.com; and c ann@searcylaw.com ti ary 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.: 502009CA040800:XXXXMBAG Supplement to Response in Opposition to Jeffrey Epstein's Motion for Temporary Stay of Proceedings Page 5 of5 COUNSEL LIST William Chester Brewer, Esquire wcblaw@aol.com; wcblawasst@gmail.com 250 S Australian A venue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 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 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 Farmer Jaffe Weissing Edwards Fistos & Lehrman, P .L. 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Fred Haddad, Esquire Dee@FredHaddadLaw.com; Fred@FredHaddadLaw.com Fred Haddad, P.A. One Financial Plaza, Suite 2612 Fort Lauderdale, FL 3 3 3 94 Phone: (954)-467-6767 Fax: (954)-467-3599 Attorneys for Jeffrey Epstein Tonja Haddad Coleman, Esquire tonja@tonjahaddad.com; efiling@tonjahaddad.com Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Phone: (954)-467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire marc@nuriklaw.com One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301