EFTA00222892.pdf

Case 9:09 v-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE II, CASE NO. 09-08469-CIV Plaintiff(s), -against- AFFIDAVIT OF SERVICE JEFFREY EPSTEIN, ET ANO., Defendant(s). STATE OF NEW YORK ) s.s : COUNTY OF NEW YORK ) JOSEPH SANCHEZ, being duly sworn, deposes and says that he is an employee of KEATING & WALKER ATTORNEY SERVICE, INC., is over the age of eighteen years and is not a party to the action. That on the 14th day of April, 2009, at approximately 8:43 p.m., deponent attem ted to serve a true co s of the Summons in a Civil Action and aint upon ew York, New York 10065. I asked the Doorman to call the apartment o via the lobby phone. The Doorman claimed that IS out of town. That on the 20th day of April, 2009, at approximately 7:45 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon ew York, New York 10065. I asked the Doorman to call the apartment olIMMIEvia the lobby phone, but the Doorman claimed that is not home. That on the 21st day of April, 2009, at approximately 9:20 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon New York. New York 10065. I asked the Doorman to call the apartment o via the lobby phone, but the Doorman claimed that is out of town. That on the 24th day of April, 2009, at approximately 8:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon New York, New York 10065. I asked the Doorman to call the apartment of MINS via the lobby phone but the Doorman claimed that is out of town. (1) PLAINTIFF'S EXHIBIT i EFTA00222892 Case 9:09 -cv-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 2 of 3 That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon New York, York 10065. I asked the Doorman to call the apartment of via the lobby phone. The Doorman claimed that is not home. I was unable to affix the aforementioned papers on the apartment door of the defendant because the Doorman would not allow me access to the building. That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent served a true of the um upon New York, New York 10065 by personally delivering and leaving the same with who is a person of suitable age and discretion, at that address, the actual place of residence of the defendant. s an olive-skinned Hispanic male, approximately 50 years of age, is approximately 5 feet and 8 inches tall, weighs approximately 130 pounds, with silver hair and dark eyes. That on the 29th day of April, 2009, in accordance with the New York State Civil Practice Law and Rules, Section 308(4), and the Federal Rules of Civil Procedure, Rule 4(e)(1), copies of which are annexed, deponent served another copy of the foregoing upon the defendant by enclosing a true copy thereof in a securely sealed and postpaid wrapper with the words "PERSONAL and CONFIDENTIAL" written on the same, and not indicating on the outside that it is from an attorney, or concerns a legal matter, and depositing the same into an official depository maintained by the Government of the United States, City and State of New York, addressed as follows: New York, New York 10065 Sworn to before me this 29th day of April, 2009 e/EPH SANCHEZ W YORK in New Commission expires s 010 (2) EFTA00222893  Case 9:09-cv-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 3 of 3 Rule 4 RULES OF CIVIL PROCEDURE (1) A summons shall be served together with a (G) shall provide the defendant with an extra copy of the complaint. The plaintiff is responsible copy of the notice and request, as well as a for service of a summons and complaint within the prepaid means of compliance in writing. time allowed under subdivision (m) and shall furnish If a defendant located within the United States fails the person effecting service with the necessary cop- to comply with a request for waiver made by a ies of the summons and complaint plaintiff located within the United States, the court (2) Service may be effected by any person who is shall impose the costa subsequently incurred in not a party and who is at least 18 years of age. At effecting service on the defendant unless good cause the request of the plaintiff, however, the court may for the failure be shown. direct that service be effected by a United States (3) A defendant that, before being served with marshal, deputy United States marshal, or other process, timely returns a waiver so requested is not person or officer specially appointed by the court required to serve an answer to the complaint until for that purpose. Such an appointment must be 60 days after the date on which the request for made when the plaintiff is authorized to proceed in waiver of service was sent, or 90 days after that forma pauperis pursuant to 28 U.S.C. § 1915 or is date if the defendant was addressed outside any authorized to proceed as a seaman under 28 U.S.C. judicial district of the United States. § 1916. (4) When the plaintiff files a waiver of service (d) Waiver of Service; Duty to Save Costs of with the court, the action shall proceed, except as Service; Request to Waive. provided in paragraph (3), as if a summons and (1) A defendant who waives service of a sum- complaint had been served at the time of filing the mons does not thereby waive any objection to the waiver, and no proof of service shall be required. venue or to the jurisdiction of the court over the (5) The costa to be imposed on a defendant under person of the defendant. paragraph (2) for failure to comply with a request to 2 (2) An individual, corporation, or association that waive service of a summons shall include the costs t is subject to service under subdivision (e), (1), or 00 subsequently incurred in effecting service under and that receives notice of an action in the manner subdivision (e r', (f), or (h), together with the costs, provided in this paragraph has a duty to avoid including a reasonable attorney's fee, of any motion unnecessary costs of serving the summons. To required to collect the costs of service. avoid costs, the plaintiff may notify such a defen- (0 Service Upon Individuals Within a Judicial dant of the commencement of the action and re- District of the United States. Unless otherwise quest that the defendant waive service of a sum- provided by federal law, service upon an individual mons. The notice and request from whom a waiver has not been obtained and filed, (A) shall be in writing and shall be addressed other than an infant or an incompetent person, may be directly to the defendant, if an individual, or else effected in any judicial district of the United States: to an officer or managing or general agent (or (1) pursuant to the law of the state in which the other agent authorized by appointment or law to district court is located, or in which service is receive service of process) of a defendant subject effected, for the service of a summons upon the to service under subdivision (h); defendant in an action brought in the courts of (B) shall be dispatched through first-class mail general jurisdiction of the State; or or other reliable means; (C) shall be accompanied by a copy of the (2) by delivering a copy of the summons and of complaint and shall identify the court in which it the complaint to the individual personally or by has been filed; leaving copies thereof at the individual's dwelling (D) shall inform the defendant, by means of a house or usual place of abode with some person of text prescribed in an official form promulgated suitable age and discretion then residing therein or pursuant to Rule 84, of the consequences of com- by delivering a copy of the summons and of the pliance and of a failure to comply with the re- complaint to an agent authorized by appointment or quest; by law to receive service of process. (E) shall set forth the date on which the re- (1) Service Upon Individuals in a Foreign Coun- quest is sent; try. Unless otherwise provided by federal law, ser- (F) shall allow the defendant a reasonable time vice upon an individual from whom a waiver has not to return the waiver, which tll be at least 30 been obtained and filed, other than an infant or an days from the date on which the request is sent, incompetent person, may be effected in a place not or 60 days from that date if the defendant is within any judicial district of the United States: addressed outside any judicial district of the Unit- (1) by any internationally agreed means reason- ed States; and ably calculated to give notice, such as those means Complete Annotation Materials, an Title 28 U.S.C.A. 38 EFTA00222894