017-06.pdf

Case 9:08-cv-80119-KAM Document 464 Entered on FLSD Docket 02/09/2010 Page 1 of 4 Case 9:10-cv-81111-WPD Document 17-6 Entered on FLSD Docket 11/11/2010 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. --------------~/ Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 --------------~/ DEFENDANT'S, MOTION FOR EXTENSION DIRECTED TO THE COURT PURSUANT TO RULE 4, REVIEW AND APPEAL-SOUTHERN DISTRICT, IN CONNECTION WITH THIS COURT'S ORDER DATED FEBRUARY 4, 2010 (DE 462) Defendant, Jeffrey Epstein (hereinafter "Epstein"), by and through his undersigned attorneys, and Pursuant to Rule 4, Review and Appeal - Southern District, and other applicable rules as well as this court's discretion, respectfully moves this Court for an extension of time in which to " ... file with the Clerk of the Court, and serve of all parties written objections which shall specifically set forth the order, or part thereof, appealed from [and] a concise statement of the alleged error in the [] ruling, and statutory, rule, or case authority, in support of defendant's position." As good cause in support of granting the motion, Defendant states: I. This court entered an order (DE 462) stating that Epstein must provide documents responsive to request to numbers 7, 9, 10, 12, and 13 within 14 days from the Case 9:08-cv-80119-KAM Document 464 Entered on FLSD Docket 02/09/2010 Page 2 of 4 Case 9:10-cv-81111-WPD Document 17-6 Entered on FLSD Docket 11/11/2010 Page 2 of 4 date of said order. Federal Rule 4 allows for an appeal to be filed within 14 days of said order 2. Based upon the timing of the order to produce documents and the 14 day time period allowed for the filing of an Appeal, there remains a conflict as to the timing of both. Defendant needs an extension of time as a result of said timing conflict, and for additional the reasons set forth below. 3. Defendant seeks to appeal, pursuant to Rule 4, those portions of the order which specifically address the above requests for production. Given the breadth of the 5 th Amendment addressing the above requests and the fact that the order does not address various issues in the Response (including relevance), the Defendant respectfully requests an additional 15 days from February 18, 2010 within which to "file with the Clerk of the Court, and serve of all parties written objections which shall specifically set forth the order, or part thereof, appealed from [and] a concise statement of the alleged error in the [] ruling, and statutory, rule, or case authority, in support of defendant's position." As such, Defendant requests that the due date effectively be moved to August 31, 2009. 4. The undersigned, Michael J. Pike, has a special set hearing in front of the Honorable Elizabeth Metzgen in Stuart, Florida on February 9, 2010. In addition, the undersigned, Robert D. Critton, Jr., Esq., is scheduled for various depositions in these related matters. 5. This request is not made to delay and will not prejudice any of the parties. 6. While this request is within the sound discretion of the court pursuant to Rule 4, the undersigned has consulted with opposing counsel and he has not agreed. Case 9:08-cv-80119-KAM Document 464 Entered on FLSD Docket 02/09/2010 Page 3 of 4 Case 9:10-cv-81111-WPD Document 17-6 Entered on FLSD Docket 11/11/2010 Page 3 of 4 Wherefore, the undersigned respectfully requests the relief sought herein, and for such other and further relief as this court deems just and proper. Local Rule 7.1 Statement Counsel for the movant conferred by telephone with counsel or the Plaintiff and Counsel for Plaintiff is not in agreement with the requested e By: __ -{1- ROBERT · TON, JR. Florida r #2241 2 MICHAEL J. PIKE, ESQ. Florida Bar #617296 Certificate of Service I HEREBY CERTIFY that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by electronic mail ( e-mail) on this 9!h day of February, 2010. Respectfully s , . , JR., ESQ. Florida r No. rcrit@bclclaw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpike@bclclaw.com BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel/or Defendant Jeffrey Epstein) Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-CV-80119-MARRA/JOHNSON Case 9:08-cv-80119-KAM Document 464 Entered on FLSD Docket 02/09/2010 Page 4 of 4 Case 9:10-cv-81111-WPD Document 17-6 Entered on FLSD Docket 11/11/2010 Page 4 of 4 Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 ssm@sexabuseattorney.com ahorowitz@sexabuseattorney.com Counsel for Plaintiffs In related Cases Nos. 08-80069, 08-80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 jagesg@bellsouth.net Counsel for Defendant Jeffrey Estein Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, PL 425 N. Andrews Avenue Suite 2 Fort Lauderdale, FL 33301 Phone: 954-524-2820 Fax: 954-524-2822 brad@pathtojustice.com Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hae Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax cassellp@law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro M. Garcia, Esq. Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832-7732 561-832-7137 F isidrogarcia@bellsouth.net Counsel for Plaintiff in Related Case No. 08-80469