IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiff, VS. SCOTT ROTHSTEIN individually, J, Individually, and L.M., individually. CASE NO. 502009CA040800XXXXMBAG Defendants. "0 r IV No t-i; PLAINTIFF'S MOTION TO STRIKE DEFENDANT'SZ03;5? ..)rn,,, NOTICE OF JURY TRIAL CY"' -R--)Cr. cC— 2 IV CO Plaintiff Jeffrey Epstein, by and through his undersigned counselad4)ursinn ,--Cc, Rule 1.440 of the Florida Rules of Civil Procedure, hereby moves this Cito x order striking the Defendant -"ri ......, r torn 0 eller an 03- • Edwards' notice of jury trial. In support thereof, Plaintiff states: I. That Defendant's notice for jury trial is ambiguous as to which "action" is at issue and ready to be set for trial, as it does not delineate therein whether the notice is for Plaintiff's case in chief or Defendant's Counterclaim; 2. That with respect to Plaintiff's case in chief, Defendant's Motion for Summary Judgment is pending. Because this is a motion directed at Plaintiff's last pleading, Defendant's Notice of Jury Trial is improper. See Naranja Princeton Community Development Corp. v. Cornerstone Development Group. Inc., 34 So. 3d 124 (Fla. 3d DCA 2010) (quoting Rule 1.440 of the Florida Rules of Civil Procedure); 3. That with respect to Defendant's Counterclaim, Defendant served his Notice for Jury Trial contemporaneously with his Motion to Compel Proper Answer or to EFTA02771137