08/29/2011 14:20 PAX 8818845818

08/29/2011 14:20 PAX 8818845818 SEARCY DENNEY [Mon IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XX.XXIvIBAG JEFFREY EPSTEIN, j Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.N1., individually, Defendant, I SUPPLEMENT TO EDWARDS' MOTION TO DISMISS AND MOTION FOR LEAVE TO AMEND TO ASSERT CLAIM FOR PUNITIVE DAMAGES Defendant/Counter-plaintiff, BRADLEY J. EDWARDS, hereby supplements his preitiously filed Motion to Dismiss Epstein's Second Amended Complaint and Motion for Leave to Amend to Assert a Claim for Punitive Damages as follows: Absolute immunity must be afforded any act occurring during course of judicial • I proceeding, regardless of whether act involves defamatory statement or other tortious behavior, such as tortious interference with business relationship, so long as act has some relationship to I pro4eding. See Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell,.. v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994). The immunity afforded to statements made during the course of a ju cou iicial proceeding extends not only to the parties in a proceeding but to judges, witnesses, and isel as well. Id. The litigation privilege applies in all causes of action, whether for common- law torts or statutory violations. See Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007). Defamatory statements made by lawyer while interviewing a witness in preparation for and connected to pending litigation are covered by the absolute EFTA01082399 08/29/2011 14:20 FAX 5616845816 SEARCY DENNEY ii11002 Cas No.: S02009CA040800XXXMBAG Su lement to Edwards' Motion to Dismiss and Motion for Leave to Amend to Assert Claim for Punitive Damages Pa0 2 of 3 im unity conferred by the litigation privilege. See DelMonico v. Traynor, 50 So. 3d 4 (Fla. Dist. Ct. App. 4th Dist. 2010), review granted, 47 So. 3d 1287 (Fla. 2010). The privilege extends to sta ments in judicial proceedings or those "necessarily preliminary thereto. See Stewart v. Sun Sentinel Co., 695 So.2d 360 (Fla. 4th DCA 1997)(an attorney's delivery of a copy of a notice of claim to a reporter, which notice was a required filing prior to instituting suit, was protected by abs6lute immunity). 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 attach' ` el—II day of August, 2011. ( Jack Sarold Flo la B No.: 169440 SeercyPenney Scarola Barnhart & Attorneys for Bradley J. Edwards EFTA01082400 08/29/2011 14:21 FAX 5616845816 SEARCY DENNEY (21003 Case No.: 502009CA040800XXXXMBAG Suiplenient to Edwards' Motion to Dismiss and Motion for Leave to Amend to Assert Claim for Punitive Damages Pa e 3 of 3 COUNSEL LIST Martin Weinberg, Es wire Martin Weinber Jadk A. Goldberger, Esquire Atterbury, Goldberger & Weiss Earner, Jaffe, Weissing, Edwards, Fistos & Lehrman PL ••• Ma6c S. Nurik, Esquire LaW Offices of Marc S. Nurik Joseph L. Ackerman, Jr Fowler White Burnett EFTA01082401