EFTA00613867.pdf

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMB-AG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S PROPOSAL FOR SETTLEMENT TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY J. EDWARDS, INDIVIDUALLY Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, by and through undersigned counsel, hereby serves this Proposal for Settlement upon Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, pursuant to §768.79, Fla. Stat. and Fla. R. Civ. P. 1.442: 1. This Proposal is being made pursuant to §768.79, Fla. Stat. and Fla. R. Civ. P. 1.442. 2. This Proposal is being made on behalf of Plaintiff/Counter-Defendant, JEFFREY EPSTEIN. 3. This Proposal is being made to Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually. 4. This Proposal is directed to, and is intended to resolve, all claims pled or which could have been pled in the instant action (Case No. 502009CA040800XXXXMB-AG) by Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, against Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, and all claims pled or which could have been pled by Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, against Plaintiff/Counter- FOWLER WHIFF. BURNETT P.A. • ESPIRJTO SANTO PLAZA, 1395 BRICKELL AVENUE, 14Th FLOOR, MIAMI, FLORIDA 33131 • EFTA00613867  CASE NO. 50 2009 CA 040800 XXXXMB AG Defendant, JEFFREY EPSTEIN, in this action, including any and all claims for compensatory damages, interest, attorney's fees. and costs. 5. Plaintiff/Counter-Defendant, JEFFREY EPSTEIN has not pled a claim for punitive damages against Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, nor has Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, pled a claim for punitive damages against Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, although this Proposal is intended to resolve all such claims if available. 6. Attorney's fees are not part of the legal claims brought by Plaintiff/Counter- Defendant, JEFFREY EPSTEIN, against Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, and are not part of the legal claims brought by Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, against Plaintiff/Counter-Defendant, JEFFREY EPSTEIN. However, this Proposal is intended to resolve all such claims if available. 7. The total amount of this Proposal is Three Hundred Thousand Dollars and 00/100 ($300,000.00) to be paid on behalf of Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, to Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually. 8. The conditions of this Proposal are: (1) that Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, individually, shall execute and deliver to undersigned counsel the General Release attached hereto as Exhibit "A;" and (2) that Defendant/Counter-Plaintiff BRADLEY J. EDWARDS, individually, shall, by and through his attorney, execute and deliver to undersigned counsel the Stipulation for Dismissal with Prejudice attached hereto as Exhibit 9. This Proposal shall expire in thirty (30) days from its service unless withdrawn in writing prior to that date. Any acceptance of this Proposal must be in writing and must be an acceptance of the entire Proposal as outlined above. -2- FOWLER WHITE BURNER P.A. • ESPIRITO SANTO PLAZA, 1395 BRICKEI.L AVENUE, 14IN FLOOR, MIAMI, FLORIDA 33131 • EFTA00613868  CASE NO. 50 2009 CA 040800 XXXXMB AG I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed and mailed this ZSday of August, 2011 to Jack Scarola, Esq., Searcy, Denney, Scarola, Barnhart & Shipley, P.A., 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409. fr >gca_,C Joseph L. Ackerman, Jr. Fla. Bar No. 235954 FOWLER WHITE BURNETT, P.A. Espirito Santo Plaza, Fourteenth Floor 1395 Brickell Avenue Miami, Florida 33131 Telephone: Facsimile: W:180743WROSET0S-All claims-MIS.docx -3 - FOWLER WHITE BURNE7T P.A • ESPIRITO SANTO PLAZA, 1395 BRIO/CELL AVENUE, 14ni FLOOR, MIAMI, FLORIDA 33131 • EFTA00613869  GENERAL RELEASE TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN: BRADLEY J. EDWARDS, individually, for and in consideration of the sum of Three Hundred Thousand Dollars and 00/100 ($300,000.00) lawful money of the United States of America, paid to him on behalf of JEFFREY EPSTEIN, the receipt whereof is hereby acknowledged, has remised, released, and forever discharged, and by these presents does for himself, as well as his heirs, survivors, executors, administrators, agents, and assigns, remise, release, acquit and forever discharge JEFFREY EPSTEIN, as well as his heirs, survivors, executors, administrators, agents, assigns, attorneys, insurers, and reinsurers (hereinafter referred to as "Releasees"), of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which BRADLEY J. EDWARDS, individually, ever had, now has, or may have against Releasees or which his heirs, survivors, executors, administrators, agents, and assigns hereafter can, shall or may have against Releasees, including but not limited to all claims for compensatory damages, punitive damages, penalties, interest, costs or attorney's fees, past, present and future, and all other damages, without limitation, specifically arising out of that certain incident described more particularly in Defendant/Counter-Plaintiffs Counterclaim filed in the Action entitled JEFFREY EPSTEIN v. SCOTT ROTHSTEIN, individually, and BRADLEY J EDWARDS, individually, Case No. 502009CA040800XXXXMB-AG, pending in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida ("the Action"). As further consideration, I agree not to disclose the details of this release in settlement of all claims, including the nature or the amount paid and the reasons for the payment, to any person other than my lawyer, accountant, income tax preparer, or by valid order of a Court of coin etent EXHIBIT I h• EFTA00613870 jurisdiction whether directly or indirectly. To the extent that I must disclose any of the above information to any of the above named persons, I shall instruct that person or persons to keep the information confidential. I understand and agree that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that Releasees deny liability therefor and intend merely to avoid litigation and buy peace. I understand and agree that this General Release shall be construed, enforced and interpreted in accordance with the laws of the State of Florida and venue for any action to enforce or construe the General Release shall be Palm Beach County, Florida. IN WITNESS WHEREOF, I, , have hereunto set hand and seal on this day of , 201_. Signed, sealed and delivered in the presence of: WITNESS BRADLEY J. EDWARDS STATE OF FLORIDA } COUNTY OF BEFORE ME, the undersigned authority, personally appeared BRADLEY J. EDWARDS, who, upon being first duly sworn according to law, deposes and says that he executed the foregoing General Release and that the representations therein are true and correct to the best of his knowledge and belief. SWORN TO AND SUBSCRIBED before me this day of 20 2 EFTA00613871 Individual Personally Known OR Produced Identification Type And Number of Identification Produced: My Commission Expires: (seal) NOTARY PUBLIC State of Florida at Large EFTA00613872  IN THE CIRCUIT COURT OF TILE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502009CA040800XXXXMB-AG Judge David F. Crow JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants. STIPULATION FOR DISMISSAL WITH PREJUDICE COME NOW the parties herein, by and through the undersigned attorneys, and show unto the Court that the parties hereto, Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, and Defendant/Counter-Plaintiff, BRADLEY EDWARDS, individually, have agreed to amicably settle all claims brought in the above-styled cause. WHEREFORE, the parties petition this Court for an Order dismissing the claims brought by Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, against Defendant/Counter- Plaintiff, BRADLEY EDWARDS, individually, and the claims brought by Defendant/Counter- Plaintiff, BRADLEY EDWARDS, individually, against Plaintiff/Counter-Defendant, JEFFREY EPSTEIN, with prejudice, each party to bear its own costs and attorney's fees. The parties further request that the Court retain jurisdiction over this case for a period of sixty (60) days to enforce the terms of the settlement. SEARCY, DENNEY, SCAROLA, FOWLER WHITE BURNETT, P.A. BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Blvd, Espirito Santo Plaza EXHIBIT FOWLER WHITE BURNETT P.A. • ESPIRITO SANTO PLAZA, 1395 BRICKELL AVENUE, 14'. FLOOR, MIAMI, FLORIDA 33131 • EFTA00613873  CASE NO. 50 2009 CA 040800 X)OOa4B AG West Palm Beach, FL 33409 1395 Brickell Ave, 14th Floor Miami. FL 33131 IIlex fax JACK SCAROLA, ESQ. JOSEPH L. ACKERMAN, JR., ESQ. Counsel for Defendant/Counter-Plaintiff Counsel for Plaintiff/Counter-Defendant Bradley J. Edwards Jeffrey Epstein Fla. Bar No. 169440 Fla. Bar No. 235954 -2- FOWLER WHITE BURNETT P.A. • ESPIRITO SANTO PLAZA, 1395 BRICKELL AVENUE. 14m FLOOR, MIAMI, FLORIDA 33131 • EFTA00613874