005.pdf

Herman & Mermelstein, P. A. www.hermanlaw.com - 1 - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA/JOHNSON JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ____________________________________/ PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT AGAINST DEFENDANT Plaintiff, Jane Doe No. 3, by and through her undersigned counsel, and pursuant to the Federal Rule of Civil Procedure 55(a) and S.D. Fla. L.R. 7.1, hereby files this Motion for Entry of Default Against Defendant, and states as follows: 1. On May 7, 2008, Defendant Jeffrey Epstein was served with a Summons and Complaint in this case. A copy of the Affidavit of Service is attached hereto as Exhibit “A”. 2. Pursuant to Federal Rule of Civil Procedure 12(a)(1), Defendant was required to answer or otherwise serve a response to the Complaint on or before May 27, 2008. 3. To date, Defendant has neither answered the Complaint, filed a response of any kind, nor requested an enlargement of time. Moreover, no attorney has entered an appearance on behalf of the Defendant. 4. The Defendant, Jeffrey Epstein is not on active duty in the armed forces of the United States. See Exhibit “B”. 5. Accordingly, pursuant to Federal Rule of Civil Procedure 55(a), Plaintiff applies to this Honorable Court for the entry of default judgment against the Defendant. Case 9:08-cv-80232-KAM Document 5 Entered on FLSD Docket 05/29/2008 Page 1 of 3 Herman & Mermelstein, P. A. www.hermanlaw.com - 2 - WHEREFORE, Plaintiff, JANE DOE NO. 3, respectfully requests this Court to grant this motion in favor of Plaintiff and enter a default against Defendant, JEFFREY EPSTEIN. Dated: May 29, 2008. Respectfully submitted, By: s/ Adam D. Horowitz ______ . Jeffrey M. Herman (FL Bar No. 521647) jherman@hermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) ssm@hermanlaw.com Adam D. Horowitz (FL Bar No. 376980) ahorowitz@hermanlaw.com HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs Jane Doe 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 CERTIFICATE OF SERVICE I hereby certify that on May 29, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Horowitz . Case 9:08-cv-80232-KAM Document 5 Entered on FLSD Docket 05/29/2008 Page 2 of 3 Herman & Mermelstein, P. A. www.hermanlaw.com - 3 - SERVICE LIST DOE vs. JEFFREY EPSTEIN CASE NO.: 08-CV-80232-MARRA/JOHNSON United States District Court, Southern District of Florida Jeffrey Epstein (Via Regular Mail) 9 East 71st Street New York, NY 10021 /s/ Adam D. Horowitz Case 9:08-cv-80232-KAM Document 5 Entered on FLSD Docket 05/29/2008 Page 3 of 3