IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CASE NO. 4D15-4527 JEFFREY EPSTEIN, Appellant, -VS- BRADLEY J. EDWARDS and PAUL G. CASSELL, Appellees. / MOTION TO DISMISS APPEAL AS MOOT Appellees, BRADLEY J. EDWARDS and PAUL G. CASSELL, by and through undersigned counsel, hereby file this Motion to Dismiss this appeal on the basis that it is moot, since the underlying case has been dismissed with prejudice by the parties. This appeal was filed by Jeffrey Epstein to challenge an order denying his motion to quash a subpoena and determining that the court had jurisdiction to require his attendance at a deposition in the Edwards v. Dershowitz, circuit court action (Notice of Appeal Al-3). Although, the Initial Brief has been filed by the Appellant, the case has been resolved in the circuit court. Undersigned filed an Agreed Motion to Stay the appeal for 60 days pending finalization of the 1 EFTA01112606 settlement. Apparently, the parties were able to resolve the settlement with finality very expeditiously and, on April 8, 2016, they filed a Stipulation of Dismissal with Prejudice (A4-8). Since the only issue in this appeal was whether Epstein could be compelled to appear at a deposition in the underlying action, the Stipulation of Dismissal with Prejudice of that action necessarily moots out this appeal. Undersigned contacted opposing counsel by email on April 22, 2016, inquiring whether he would be filing a dismissal of the appeal in the near future. Undersigned has received no response and, in the interest of assisting this Court with clearing its docket, has decided to file this Motion to Dismiss. WHEREFORE, for the reasons stated above, Appellees respectfully request that this Court dismiss this appeal based on mootness. 2 EFTA01112607 I HEREBY CERTIFY that a true copy of the foregoing was furnished to all counsel on the attached service list, by email, on April 27, 2016. William B. King, Esq. SEARCY DENNY SCAROLA BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Blvd. West Palm Beach. FL 33409 and BURLINGTON & ROCICENBACH, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 (561) 721-0400 Attorneys for A ellees By: /s/ Philip M. Burlington PHILIP M. BURLINGTON Florida Bar No. 285862 /kbt 3 EFTA01112608 SERVICE LIST Epstein v. Edwards/Cassell Case No. 4D15-4527 Paul Morris, Esq. Law Offices of Paul Moths P.A. 9350 S. Dixie Hwy, Ste. 1450 Miami, FL 33156 Attorneys for Jeffrey Epstein Thomas Scott, Esq. Steven Safra, Esq. Cole Scott & Kissane, P.A. 9150 S. Dadeland Blvd. Ste. 1400 Miami, FL 33156 Attorneys for Alan M. Dershowitz Mary Borja, Esq. Richard A. Simpson, Esq. Ashley Eiler, Esq. Whiley Rein & Fielding 1776 K. St. NW Washin ton DC 20009 Attorneys for Alan M. Dershowitz 4 Tonja Haddad Coleman, Esq. Tonja Haddad, P.A. 315 SE 7th Street., Ste. 301 Fort Lauderdale, FL 33301 Attorneys for Jeffrey Epstein Kenneth A. Sweder, Esq. Sweder & Ross, LLP 131 Oliver Street Boston, MA 02110 Attorneys for Alan M. Dershowitz Bradley J. Edwards, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 N. Andrews Ave., Ste. 2 Fort Lauderdale, FL 33301 Attorneys for Defendant Edwards EFTA01112609