EFTA01112383.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXX.XMBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION TO FILE AN AMENDMENT TO HIS ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT/COUNTER-PLAINTIFF'S FOURTH AMENDED COUNTERCLAIM Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, hereby moves this Honorable Court to permit the filing of the accompanying Amended Answer and Affirmative Defenses to Edwards's Fourth Amended Counterclaim to conform with the evidence. Rule 1.190(a) of the Florida Rules of Civil Procedure governs amendments to pleadings, and provides, in relevant part, that "[1]eave of court shall be given freely when justice so requires." Fla. R.Civ. P. 1.190(a) (2013). Here, Epstein specifically reserved the right to amend his affirmative defenses when he filed his Answer and Affirmative Defenses to Edwards's Fourth Amended Counterclaim, and the only Amendment to the Answer and Affirmative Defenses is the addition of a Fifth Affirmative Defense, about which the Defendant/Counter-Plaintiff has recently sought discovery and is, therefore not EFTA01112383 prejudiced by this amendment. Bradford Builders, Inc. v. Department of Water and Sewers of City of Miami, 142 So. 2d 137 (Fla. 3d DCA 1962) As such, Epstein should amend his pleadings to conform to the evidence. Trans World Marine Corp. v. Threlkeld, 201 So. 2d 614 (Fla. 3d DCA 1967); FLA. R.C1V. P. 1.190(b). WHEREFORE Plaintiff/Counter-Defendant Jeffrey Epstein seeks leave to file the proposed Amendment to his Answer and Affirmative Defenses to Edwards's Fourth Amended Counterclaim as attached hereto. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served, via electronic service, to all parties on the attached service list, this September 9, 2013. /s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Florida Bar No.: 176737 Tonja Haddad, PA 5315 SE 7th Street Suite 301 Fort Lauderdale, Florida 33301 facsimile) Attorneys for Epstein EFTA01112384  SERVICE LIST CASE NO. 502009CA040800XXXXMBAG Jack Scarola, Esq. Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Esq. Atterbury, Goldberger, & Weiss, PA 250 Australian Ave. South Suite 1400 West Palm Beach, FL 33401 Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 Bradley J. Edwards, Esq. Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 Fred Haddad, Esq. 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 EFTA01112385