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 JEFFREY EPSTEIN'S RESPONSE IN OPPOSITION TO DEFENDANT SCOTT ROTHSTEIN'S MOTION TO DISMISS SECOND AMENDED COMPLAINT Plaintiff Jeffrey Epstein ("Epstein") opposes Defendant Scott Rothstein's ("Rothstein") April 11, 2018, Motion to Dismiss Second Amended Complaint With Prejudice, and states: INTRODUCTION Rothstein has moved to dismiss Epstein's Second Amended Complaint with prejudice arguing (1) that Epstein has failed to properly plead the elements of civil conspiracy, and (2) the absence of a viable underlying tort to support the conspiracy claim. Rothstein also argues that dismissal with prejudice is warranted because of Epstein's purportedly dilatory conduct in prosecuting his case against Rothstein. All of Rothstein's arguments are completely unfounded and have absolutely no merit, and his Motion to Dismiss should be denied. ARGUMENT A. The Complaint States a Claim for Conspiracy to Commit Abuse of Process It is well settled that "[a] motion to dismiss . . tests the legal sufficiency of a complaint to state a cause of action and is not intended to determine issues of ultimate fact." Landmark Funding, EFTA00808857