EFTA01112626.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, BRIdLDLEY J. EDWARDS, individually, and L4., 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 appiiarently 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. EFTA01112626 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 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.: 169440 nney Scarola Barnhart & Shipley aim Beach Lakes Boulevard Palm Beach, Florida 33409 one: Fax: Attorneys for BRADLEY J. EDWARDS 2 EFTA01112627 08/23/2011 16:38 FAX 5616845816 SEARCY DENNEY 16009/009 Edvrards adv. Epstein Edwards' Motion to Dismiss Second Amended Complaint Case No.: 502009CA040800XXXXMBAG COUNSEL LIST Martin Weinberg, Esquire Martin Weinberg, P.C. Marc S. Nurik, Esquire 20 Park Plaza, Suite 1000 Law Offices of Marc S. Nurik Suftolk, MA 02116 Attorney For: Scott Rothstein One E Broward Blvd., Suite 700 F Pallx °11= Fort Lauderdale, FL 33301 Phon Jack A. Goldberger, Esquire Fax: Atterbury, Goldberger & Weiss, P.A. 25(1 Australian Avenue South, Suite 1400 Joseph L. Ackerman, Jr., Esquire We>t Palm Beach, FL 33401 Fowler White Burnett, P.A. Phcn Attorney For: Jeffrey Epstein Fax: 901 Phillips Point West 777 S Plagler Drive Farmer, Jaffe, Weissing, Edwards, Fistos & West Palm Beach, FL 33401-6170 Le an, PL Pho 425 N. Andrews Avenue, Suite 2 For Lauderdale, FL 33301 Ph Fax 3 EFTA01112628