Filing # 65576904 E-Filed 12/19/2017 12:47:50 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, VS. sum ROTHSTEIN, individually, , individually, and L.M., individually, Defendants. AS ) ORDER DENYING PLAINTIFF/COUNTER-DEFENDANT'S MOTION TO AMEND ANSWER AND AFFIRMATIVE DEFENSES TO THE FOURTH AMENDED COUNTERCLAIM THIS CAUSE having come to be considered upon Plaintiff/Counter-Defendant's Motion to Amend Answer and Affirmative Dyfen having reviewed the file, consicAd tri premises, it is hereby ORDERE e Fourth Amended Counterclaim, and the Court, rguments of counsel, and being fully advised in the ADJUDGED that the motion is DENIED for the reasons stated on the record and su marized as follows: 1. The proposed Fifth Affirmative Defense is inapplicable to a claim for malicious prosecution. The Noerr-Pennington doctrine relied upon by Counter-Defendant Epstein is inapplicable to this case. Leave to amend to add the proposed Fifth Affirmative Defense is therefore denied on grounds of futility. 2. The proposed Sixth Affirmative Defense is inapplicable based upon the United States Supreme Court's decision in Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974). Leave FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 12/19/2017 12:47:50 PM EFTA02763329