IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION AG CASE NO. 502009CA040800XXXXMB Judge David F. > x r asa. 2, JEFFREY EPSTEIN, Plaintiff, fil C 0.0: SCOTT ROTHSTEIN, individually, J. individually, O -1 „..4 ..-..4.... " r ".6 fi _.. n0 0 TC 0 1-6'2 — ...cl p •••U = f: M i— X (-4 =a VS. co -— CD ' • G Defendants. PLAINTIFF/COUNTER-DEFENDANT JEFFREY 6 ( Si'El 'S MOTION TO DISMISS AMENDED COUNTERCLAIM AND INCORPORATED MEMORANDUM OF LAW PlaintifUCounter-Defendant, JEFFRE Ac EPSTEIN ("Epstein"), by and through his undersigned counsel, hereby moves /49 dll iss the Amended Counterclaim of the Defendant/Counter-Plaintiff, IMETIIMIM ("n, and in support thereof states as follows: I. SUMMARY OF ARGUMENT Amended Counterclaim should be dismissed because it fails to state an ' actionable claim against Epstein for abuse of process or malicious prosecution. Count I fails to state a valid abuse of process claim because does not allege (1) that Epstein made any illegal, improper, or perverted use of process; (2) that Epstein had any ulterior motive or purpose; and (3) that suffered any legally cognizable damage as a result of Epstein's actions in the pending litigation. Count II fails to state a valid claim for malicious prosecution because does not -- and cannot -- allege that there was a bona fide termination of an EFTA02770120