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NOT A CERTIFIED COPY .. JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant(s). I ---------------- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG DEFENDANT/COUNTERPLAINTIFF, BRADLEY J. EDWARDS' MOTION FOR ATTORNEY'S FEES PURSUANT TO FLA. STAT. §57.105 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 Plaintiff/Counterdefendant, JEFFREY EPSTEIN'S Motion for Attorney's Fees Pursuant to Fla. Stat. §5°?. 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 daim or defense when initially presented to the court or at any time before trial: NOT A CERTIFIED COPY Edwards adv. Epstein Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA040800:XXXXMBAG (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, ~.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 ~ssertion 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 NOT A CERTIFIED COPY Edwards adv. Epstein- Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA040800XXXXMBAG ' Se c enney Scarola Barnhart & Shipley Palm Beach Lakes Boulevard est Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for BRADLEY J. EDWARDS 3 NOT A CERTIFIED COPY Edwards adv. Epstein Edwards' Motion for Attorney's Fees Pursuant to 57.105 Case No.: 502009CA040800XXXXMBAG 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: (561) 659-8300 Fax: (561) 835-8691 Farmer, Jaffe, Weissing, Edwards, Fistos & • Lehrman,PL Attorney For: Jeffrey Epstein 425 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954) 524-2820 Fax: (954) 524-2822 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: (954) 745-5849 Fax: (954) 745-3556 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: (561) 802-9044 Fax: (561) 802-9976 4