Elcctronically Filcd 09/08/2013 12:53:09 PM ET • • 2 JEFFREY EPSTEIN, IN THE CIRCUIT COURT OF THE 1-11-1EENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Plaintiff, 8 vs. SCOTT ROTHSTEIN, individually, J, Individually, and L.M., individually. CASE NO.502009CA040800XXXXMBAG 4 Defendants. O to OTION TO NCE AND CE AT TRIAL JEFFREY EPSTEIN'S RESPONSE TO DETERMINE ENTITLEMENT TO ADVERS PRECLUDING EPSTEIN FROM OFFERING Plaintiff/Counter-Defendant Jeffrey Epstein ("Eps • counsel, hereby files this response to Defen a') Motion to Determine Entitleme nd through his undersigned er-Plaintiff verse Inference and Precluding Epstein from Offering Evidence at Trial, and state U In his Motion, Edward I•N g two separate Orders. He first requests that this Court "determine his entitleme o an instruction to the jury before whom this matter shall be tried, the jury is en ' nclude solely on the basis of Epstein's refusal to answer that had Jeffrey Epste to ans d to n ed truthfully to any relevant discovery request as to which he has refused spond based upon an assertion of his Fifth Amendment privilege, that all such answers an responses would, in fact, have implicated him in the commission of a crime or would otherwise have disclosed information adverse to Jeffrey Epstein's interests in this lawsuit." See Motion, page 1. Next, requests the entry of an Order "precluding Jeffrey Epstein from offering evidence or testimony as to any matter about which he has declined on the basis of the assertion of privilege to provide pre-trial discovery." Id. For the 1 EFTA02772313