Draft: efta02759371

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CASE NO.: 502009CA040800XXXXMBAG¶

JEFFREY EPSTEIN,¶

Plaintiff,¶

vs.¶

TT ROTHSTEIN 'ndividually, J. , individually, and L.M., individually,¶

Defendants.¶

O .¶

c. in c.) 49 ) c,¶

DEFENDANT, L.M. ANSWER AND AFFIRMATIVE DEFENSES¶

Defendant, L.M., individually, hereby files her Answer to the Complaint filed by Plaintiff, JEFFREY EPSTEIN, in the above-styled matter on December 7, 2009 as follows:¶

ANSWER GENERAL ALLEGATIONS¶

• 1. Defendant, L.M., denies the allegations contained in Paragraph 1 and demands strict proof thereof.
• 2. Defendant, L.M. is without knowledge to either admit or deny the allegations contained in Paragraph 2 and therefore denies these allegations and demands strict proof thereof.
• 3. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 3 and therefore denies these allegations and demands strict proof thereof.

4. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 4 and therefore denies these allegations and demands strict proof thereof.

5. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 5 and therefore denies these allegations and demands strict proof thereof.

AA'¶

6. Defendant, L.M., admits that Defendant ARDS is an individual residing in Broward County, Florida and is licensed to ractr law in the State of Florida, otherwise Defendant, L.M., denies the balance ce allegations contained in Paragraph 6 and demands strict proof thereof.

7. Defendant, L.M., admits that see n individual residing in Palm Beach County, Florida represented by Defenda W RDS who was an attorney at RRA for a short period of time during the represen therwise Defendant, L.M., denies the balance of the allegations contained in Paragraph'7 and demands strict proof thereof.

8. Defendant, admits that non-party RRA is a Florida Professional Service Corporation, with a principal address of 401 East Las Olas Boulevard, Suite 1650, Ft. Lauderdale, FL 33401, and it conducted business and filed lawsuits on behalf of clients in Palm Beach County, Florida. Otherwise Defendant, L.M., denies the balance of the allegations contained in Paragraph 8 and demands strict proof thereof.

9. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 9 and therefore denies these allegations and demands strict proof thereof. Defendant L.M. does know however that she is not a party to any criminal RICO action.

10. Defendant, L.M., admits that RRA held itself out as legitimately and properly engaging in the practice of law. Otherwise Defendant, L.M. is without knowledge to either admit or deny the balance of the allegations contained in Paragraph 10 and therefore denies these allegations and demands strict proof thereof.

11. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 11 and therefore denies these allegations and demands strict proof thereof.

12. Defendant, L.M., is without knowledge to either admit or deny the allegations ',.. contained in Paragraph 12 and therefore denies these allega ns and demands strict proof thereof.

13. Defendant, L.M., is without kno ski( S to C9either admit or deny the allegations contained in Paragraph 13 and therefore 41 es I ese allegations and demands strict proof <"1 thereof.

14. Defendant, L.M., s wi but knowledge to either admit or deny the allegations contained in Paragraph 1V nd therefore denies these allegations and demands strict proof thereof.

15. contained aragraph 15 and therefore denies these allegations and demands strict proof thereof. Defendant, L.M., is without knowledge to either admit or deny the allegations

16. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 16 and therefore denies these allegations and demands strict proof thereof.

17. Defendant, L.M., admits the allegations contained in Paragraph 17.

18. Defendant, L.M., denies the allegations contained in Paragraph 18 and demands strict proof thereof.

19. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 19 and therefore denies these allegations and demands strict proof thereof.

, - 20. Defendant, L.M., is without knowledge to either admit Ibr deny the allegations contained in Paragraph 20 and therefore denies these allegationktand demands strict proof c thereof.¶

21. Defendant, L.M., is without knowled c Acc, 2r admit or deny the allegations contained in Paragraph 21 and therefore denies these allegations and demands strict proof thereof. 7.

22. Defendant, L.M., is nowledge to either admit or deny the allegations contained in Paragraph 22 and therefore denies these allegations and demands strict proof thereof.

23. Defendant, L.M., admits that the identities of the victims of sexual abuse committed by Epstein were shielded in the civil lawsuits through the use of initials. All other allegations of Paragraph 23 are denied and Defendant demands strict proof thereof.

24. Defendant, L.M., admits that represented her against Epstein, and that for a small period of time he did so while an attorney with RRA. All other allegations of Paragraph 24 are denied and Defendant demands strict proof thereof.

25. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 25 and thereby denies these allegations and demands Strict proof thereof.

26. Defendant, L.M., denies the allegations contained in Paragraph 26 and demands strict proof thereof.

27. Defendant, L.M., denies the allegations contained in P 4g lph 27 and demands strict proof thereof.

proof thereof. (O 28. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 28, except that L.M. admits the ev nce against Epstein was, in fact, real, and therefore denies the remaining allegatio p\ agraph 28 and demands strict¶

29. L.M., is without knowledgg,td ear admit or deny the allegations contained in Paragraph 29 and therefore denies` tti dJlegations and demands strict proof thereof.

30. Defendant, L.M., wi out knowledge to either admit or deny the allegations contained in Paragraph 3t therefore denies these allegations and demands strict proof thereof.

(S e¶

31. Ae0 ant, L.M., is without knowledge to either admit or deny the allegations contained in aragraph 31 except that L.M. specifically denies that she engaged in or had knowledge of any of the alleged unethical or illegal conduct and denies ever receiving any "up front" money, and demands strict proof thereof.

32. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 32 and therefore denies these allegations and demands Strict proof thereof.

33. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 33 except that L.M. specifically denies that she engaged in or had knowledge of any of the alleged illegal conduct, and otherwise denies the remaining allegations of paragraph 33 and demands strict proof thereof.

34. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 34 and therefore denies these alle, s and demands strict proof thereof.

35. Defendant, L.M., is without kno o ither admit or deny the allegations contained in Paragraph 35 and therefore GlIkti ese allegations and demands strict proof thereof.

.4O * 14/¶

36. Defendant, L.M. is without knowledge to either admit or deny the allegations contained in Paragraph 3 t nd r.therefore denies these allegations and demands strict proof thereof.

37. nt, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 37 and therefore denies these allegations and demands strict proof thereof.

38. Defendant, L.M. is without knowledge to either admit or deny the allegations contained in Paragraph 38 and therefore denies these allegations and demands strict proof thereof.

39. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 39 and therefore denies these allegations and demands strict proof thereof.

40. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 40 and therefore denies these allegations and demands strict proof thereof.

41. Defendant, L.M., denies the allegations contained tri Paragraph 41 and demands strict proof thereof.

42. Defendant, L.M., denies the allegations contt in Paragraph 42 (a) and (b) and demands strict proof thereof.

43. Defendant, L.M., is without kn i rto either admit or deny the allegations contained in Paragraph 43 and therefor&jenls these allegations and demands strict proof thereof.

44. Defendant, L.M., C wi iiout knowledge to either admit or deny the allegations contained in Paragraph 44 therefore denies these allegations and demands strict proof thereof.

45.÷Ont, L.M., denies the allegations contained in Paragraph 45 and demands st ct proof thereof.¶

46. Defendant, L.M., denies the allegations contained in Paragraph 46 and demands strict proof thereof.

47. Defendant, L.M., admits that L.M. gave a sworn taped statement to the FBI and a subsequent deposition in the civil proceedings. The best evidence of the content of these statements is the transcript of each, and L.M. otherwise denies the allegations contained in Paragraph 47 and demands strict proof thereof.

48. Defendant, L.M., denies the allegations contained in Paragraph 48 and demands strict proof thereof.

49. Defendant, L.M., denies the allegations contained demands strict proof thereof. £graph 49 and

50. Defendant, L.M., denies the allegations ed in Paragraph 50 and demands strict proof thereof.

,f4 \ 51. Defendant, L.M., denies the _allegations contained in Paragraph 51 and demands strict proof thereof. * — y¶

52. Defendant, L.M., d e allegations contained in Paragraph 52 and demands strict proof thereof.

53. Defend I: 3t, L,M., denies the allegations contained in Paragraph 53 and demands strict( ) f reof.

54.4efendant, L.M., admits or denies the allegations contained in Paragraphs 1-53 as previously set forth herein.¶

55. Defendant, L.M., denies the allegations contained in Paragraph 55 and demands strict proof thereof.

demands strict proof thereof. 62. Defendant, L.M., e ..)n the allegations contained in Paragraph 62 and¶

56. Defendant, L.M., denies the allegations contained in Paragraph 56 and demands strict proof thereof.

57. Defendant, L.M., denies the allegations contained in Paragraph 57 and demands strict proof thereof.

58. Defendant, L.M., denies the allegations contained in Paragraph 58 and demands strict proof thereof.

59. Defendant, L.M., denies the allegations contained in Paragraph 59 and demands strict proof thereof.

60. Defendant, L.M., admits or denies the all tions contained in Paragraphs 1-53 and 55-59 as previously set forth herein.

61. Defendant, L.M., denies th all % \Ayons contained in Paragraph 61 and demands strict proof thereof.

62. Defendant, LM., denies the allegations contained in Paragraph 63 and demands strict proof thereof.

63. Defendant, L.M., is without knowledge to either admit or deny the allegations contained in Paragraph 64 except Defendant, L.M., admits that as of the filing of this Complaint, criminal charges have only been brought against Rothstein, otherwise Defendant, L.M., denies the balance of the allegations contained in Paragraph 64 and demands strict proof thereof.

64. Defendant, L.M., denies the allegations contained in Paragraph 65 and demands strict proof thereof.

65. Defendant, L.M., denies the allegations contained in Paragraph 66 and demands strict proof thereof.

66. Defendant, L.M., denies the allegations contained in Paragraph 67 and demands strict proof thereof.

67. Defendant, L.M., denies the allegations contained in Paragraph 68 and demands strict proof thereof.

68. Defendant, L.M., admits or denies the allegations contained in Paragraphs 1- 53, 55-59 and 61-68 as previously set forth herein <4,\ \ V

69. Defendant, L.M., denies t all ions contained in Paragraph 70 and demands strict proof thereof.

70. Defendant, L.M. n es the allegations contained in Paragraph 71 and demands strict proof thereof.

71. Defendant, L.M., denies the allegations contained in Paragraph 72 and demands strict'proof thereof.

72. e endant, L.M., admits or denies the allegations contained in Paragraphs 1-53 as previously set forth herein.

73. Defendant, L.M., denies the allegations contained in Paragraph 74 and demands strict proof thereof.

demands strict proof thereof. 78. Defendant, L.M., denies the allegations contain C ..) -S agraph e 78 and¶

75. Defendant, L.M., denies the allegations contained in Paragraph 75 and demands strict proof thereof.

76. Defendant, L.M., admits or denies the allegations contained in Paragraphs 1-53 and 74-75 as previously set forth herein.

77. Defendant, L.M., denies the allegations contained in Paragraph 77 and demands strict proof thereof.

78. Defendant, L.M., denies the allegatio 7c fined in Paragraph 79 and demands strict proof thereof.

79. Defendant, L.M., has retaine to rsigned attorneys to defend this action against her and has agreed to pay the e a s nable fee and costs.

80. All allegations not othe expressly addressed are denied.

WHEREFORE, having fully answered the claims against her, L.M. demands judgment in her favor and an, award of fees and costs pursuant to the prevailing party provisions of the applicable statutes pursuant to which Epstein has brought his claims as well as section 57.105, Fla. Stat.¶

AFFIRMATIVE DEFENSES¶

Epstein is barred, estopped and/or has waived any claims asserted herein by virtue of the fact that he has invoked the 5th Amendment in response to questions posed to him in the underlying sexual abuse litigation, and has plead guilty to criminal charges based upon the same underlying facts.¶

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to all counsel on the attached list on December 73 , 2009.¶

M. Jr. Jaffe, Weissing, Fistos & Lehrman, PL 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 (954) 524-2820 (954) 524-2822 fax Attorneys j r Defendant L.

¶

B : G"' er, Jr. No.: 914444¶

COUNSEL LIST¶

Robert D. Critton, Jr. Michael J. Pike, Esq. BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd, Suite 400 West Palm Beach, FL 33041 Attorneys for Plaintiff, JEFFREY EPSTEIN¶

Jack Scarola Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for Defendant,¶

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