EFTA00799436.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S PROPOSAL FOR SETTLEMENT TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY J. EDWARDS, INDIVIDUALLY Plaintiff/Counter-Defendant, Jeffrey Epstein, hereby proposes to settle the above-styled case (the "Litigation") with Defendant/Counter-Plaintiff, Bradley J. Edwards, individually. I. This Proposal is made pursuant to section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442. 2. Proposal for Settlement and Offer of Judgment ("Proposal") a. Parties: The party making this Proposal is Plaintiff/Counter-Defendant, Jeffrey Epstein ("Epstein"). The party to whom this Proposal is being made is Defendant/Counter- Plaintiff, Bradley J. Edwards, individually ("Edwards"). In this Proposal, Epstein and Edwards will be referred to collectively as the "Parties." b. Claims this Proposal is Attempting to Resolve: Acceptance of this Proposal resolves all damages that would otherwise be awarded in a final judgment in this action. EFTA00799436  c. Relevant Conditions: i. Within ten days of Edwards' written acceptance of this Proposal, Edwards shall sign and deliver to Epstein's counsel a Stipulation of Settlement and Dismissal With Prejudice. The exact forms of the Stipulation of Settlement and Dismissal and proposed Agreed Final Order of Dismissal are attached as Composite Exhibit A. ii. Within ten days of Edwards' written acceptance of this Proposal, Edwards shall sign and deliver to Epstein's counsel a General Release in the exact form attached as Exhibit B. iii. Within three days of Edwards' delivery of (1) the signed Stipulation of Settlement and Dismissal With Prejudice and (2) the signed General Release, Epstein will deliver payment of the Total Amount set forth in Paragraph 2(d) below to Edwards' counsel. After confirming payment of the Total Amount set forth in Paragraph 2(d) has been received by Edwards' counsel, Epstein's counsel shall file the Stipulation of Settlement and Dismissal With Prejudice and submit the proposed Agreed Final Order of Dismissal to the Court. d. Total Amount of this Proposal: The Total Amount of this Proposal is $2,300,000. There are no non-monetary conditions other than those described in this Proposal. e. Amount Proposed to Settle Claim for Punitive Damages, If Any: Edwards has asserted a claim against Epstein for punitive damages in his Fourth Amended Counterclaim. The Total Amount set forth in paragraph 2(d) above includes payment of $10,000 for Edwards' claim for punitive damages. The total amount of the offer remains $2,300,000 and no more. f. Amount Proposed to Settle Claim for Attorneys' Fees, If Any: Edwards does not assert a legal claim for attorneys' fees incurred in seeking judgment in the Litigation 2 EFTA00799437 against Epstein. However, attorneys' fees are included in, and are intended to be resolved by, the Total Amount of this Proposal. g. Certificate of Service: This Proposal includes a certificate of service as required by Florida Rule of Civil Procedure 1.080. 3. Service and Filing: This Proposal shall be served on Edwards through his counsel, but shall not be filed unless necessary to enforce the provisions of section 768.79, Florida Statutes. 4. Withdrawal: This Proposal may be withdrawn in writing provided the written withdrawal is delivered before a written acceptance is delivered. Once withdrawn, this Proposal is void. 5. Acceptance and Rejection: Pursuant to section 768.79, Florida Statutes, this Proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within thirty days after service of this Proposal. No oral communications shall constitute an acceptance, rejection or counteroffer of this Proposal. 6. Good Faith: This Proposal is being submitted with the knowledge, understanding and consent of Epstein. This Proposal is made as a bona fide, good-faith proposal after having considered and evaluated the merits of Edwards' claims and Epstein's defenses to them. 3 EFTA00799438  CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished by e-mail to the attorneys listed on the Service List below on January 2018. LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, Florida 33401 (561) 727-3600; (561) 727-3601 [fax] By: /s/ Scott J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Angela M. Many (FBN 26680) Primary: Primary: Primary: Secondary: Secondary: Secondary: Secondary: Trial Counselfor Plaintiff/Counter-Defendant Jay Epstein SERVICE LIST Jack Scarola Nichole J. Segal Searcy, Denny, Scarola, Barnhart & Shipley, . Burlington & Rockenbach, 2139 Palm Beach Lakes Boulevard Courthouse Commons, Suite 350 West Palm Beach. FL 33409 444 West Railroad Avenue West Palm Beach FL 33401 Co-Counselfor Defendant/Counter-Plaintiff Co-Counselfor Defendant/Counter-Plaintiff Bradley J. Edwards Bradley J. Edwards Bradley J. Edwards Jack A. Goldberger Edwards Pottinger LLC Atterbury, Goldberger & Weiss, IM. 425 N. Andrews Avenue, Suite 2 250 Australian Avenue S., Suite 1400 Fort Lauderdale, FL 33301-3268 West Palm Beach, FL 33401 Co-Counselfor Defendant/Counter-Plaintiff Co-Counselfor Plaintiff/Counter-Defendant Bradley J. Edwards Jeffrey Epstein 4 EFTA00799439  COMPOSITE EXHIBIT A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Case No. 50-2009CA040800XXXXMBAG Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. STIPULATION OF SETTLEMENT AND DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff/Counter- Defendant, Jeffrey Epstein ("Epstein"), and Defendant/Counter-Plaintiff, Bradley J. Edwards, individually ("Edwards"), pursuant to Fla. R. Civ. P. 1.420, that each and every issue, claim, counterclaim, and cause of action asserted in this case by Epstein and Edwards against each other, including all claims for all forms of damages, prejudgment interest, costs and attorneys' fees, be dismissed with prejudice, each party to bear his own attorneys' fees, costs and expenses. The parties hereby request that the Court enter the attached Agreed Final Order of Dismissal With Prejudice. EFTA00799440 DATED: DATED: SEARCY, DENNY, SCAROLA, LINK & ROCKENBACH, PA BARNHART & SHIPLEY, 1555 Palm Beach Lakes Boulevard, Suite 301 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33401 West Palm Beach, FL 33409 (561) 727-3600; (561) 727-3601 [fax] (561) 686-6300; (561) 383-9451 [fax] By: By: Jack Scarola (FBN 169440) Scott J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Angela M. Many (FBN 26680 Primary: Co-Counselfor Defendant/Counter- Primary: PlaintiffBradley J. Edwards Primary: Secondary: Secondary: Secondary: Secondary: Trial Counsel for Plaintiff/Counter- Defendant Jeffrey Epstein 2 EFTA00799441  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Case No. 50-2009CA040800XXXXMBAG Plaintiff/Counter-Defendant, v. SCOTTROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. AGREED FINAL ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE came before the Court upon the Stipulation of Settlement and Dismissal With Prejudice entered into by and between Plaintiff/Counter-Defendant, Jeffrey Epstein, and Defendant/Counter-Plaintiff, Bradley J. Edwards, individually. The Court, having reviewed the Stipulation, hereby ORDERS AND ADJUDGES that each and every issue, claim, counterclaim, and cause of action asserted in this case by Epstein and Edwards against each other, including all claims for all forms of damages (including punitive damages), prejudgment interest, costs and attorneys' fees, is hereby dismissed with prejudice, each party to bear its own attorneys' fees, costs and expenses. This dismissal is not an admission of liability by any party. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this day of , 2018. THE HONORABLE DONALD W. HAFELE CIRCUIT COURT JUDGE EFTA00799442  SERVICE LIST Jack Scarola Nichole J. Segal Searcy, Denny, Scarola, Barnhart & Shipley, . Burlington & Rockenbach, 2139 Palm Beach Lakes Boulevard Courthouse Commons, Suite 350 West Palm Beach, FL 33409 444 West Railroad Avenue West Palm Beach, FL 33401 Co-Counselfor Defendant/Counter-Plaintiff" Co-Counselfor Defendant/Counter-Plaintiff' Bradley J. Edwards Bradley J. Edwards Bradley J. Edwards Marc S. Nurik Edwards Pottinger LLC Law Offices of Marc S. Nurik 425 N. Andrews Avenue, Suite 2 One E. Broward Boulevard, Suite 700 Fort Lauderdale, FL 33401 Ft. Lauderdale, FL 33301 Co-Counselfor Defendant/Counter-Plaintiff Counselfor Defendant Scott Rothstein Bradley J. Edwards Jack A. Goldberger Scott J. Link Atterbury, Goldberger & Weiss,.. Kara Berard Rockenbach (FBN 44903) 250 Australian Avenue S., Suite 1400 Angela M. Many (FBN 26680) West Palm Beach, FL 33401 Link & Rockenbach, PA 1555 Palm Beach Lakes Blvd., Suite 301 West Palm Beach, FL 33401 Co-Counselfor Plaintiff/Counter-Defendant Primary: Jeffrey Epstein Primary: Primary: Secondary: Secondary: Secondary: Secondary: Trial Counselfor Plaintiff/Counter-Defendant Jeffrey Epstein 2 EFTA00799443  EXHIBIT B GENERAL RELEASE This Release is made by Defendant/Counter-Plaintiff, Bradley J. Edwards, individually ("Edwards"). Edwards, for the consideration of $2,300,000 paid to him on behalf of Plaintiff/Counter- Defendant, Jeffrey Epstein, the receipt and sufficiency of which areis hereby acknowledged, does hereby remise, release, acquit, satisfy and forever discharge Plaintiff/Counter-Defendant, Jeffrey Epstein, and his personal representatives, administrators, agents, heirs, assigns, attorneys and insurers (collectively, "Epstein") of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialities, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages (including compensatory and punitive), costs (including attorneys' fees, expert fees, and out-of- pocket expenses), pre and post-judgment interest, obligations, losses, loss of services, expenses, compensation, judgments, executions, claims and demands whatsoever, in law or in equity, which Edwards ever had, now has, or which Edwards or any personal representative, successor, heir, or assign of Edwards can, shall or may have, against Epstein for, upon or by reason of any matter, cause or thing, whatsoever, known and unknown, foreseen and unforeseen, from the beginning of the world to the day of signing thise General Release, and including all issues, causes, claims, counterclaims, set-offs, and allegations which were raised or could have been raised relating to or arising out of that certain action styled Jeffrey Epstein v. Scott Rothstein, individually and Bradley J. Edwards, individually, 15th Judicial Circuit, Palm Beach County, Florida, Case No. 2009-CA- 040800XXXXMG-AG. It is further understood and agreed that this General Release and the settlement contemplated herein represents the compromise of disputed claims, is made in order to avoid the EFTA00799444 nuisance and uncertainty of litigation, and that payment is not to be construed or interpreted as an admission of liability on the part of Epstein. Epstein expressly denies liability. This General Release constitutes the entire agreement between the parties and cannot be changed orally. 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 thise General Release shall be Palm Beach County, Florida. CAUTION: READ BEFORE SIGNING BRADLEY J. EDWARDS STATE OF FLORIDA ) ss. COUNTY OF The foregoing Release was acknowledged before me this day of 2018, by BRADLEY J. EDWARDS, who is personally known to me or who presented as identification. I have hereunto set my hand affixed my official seal this day of , 2018. NOTARY PUBLIC Typed/Printed Name of Notary Commission No./Expiration 2 EFTA00799445