014.pdf

Case 9:08-cv-80380-KAM Document 14 Entered on FLSD Docket 06/20/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80380-MARRA-JOHNSON JANE DOE NO. 4, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I -------------- DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT Defendant Jeffrey Epstein moves, pursuant to S.D. Fla. L.R. 7.l(A), for an enlargement of time to answer or otherwise respond to the complaint until ten days after his motion for a mandatory stay, filed contemporaneously with this motion, is decided, and as grounds for this relief respectfully states as follows: 1. This civil action is a private counterpart to two ongoing criminal actions, one in Palm Beach state court, the other in the Southern District of Florida. 2. These cases purport to arise from the same occurrence: the alleged sexual assault of a minor, Jane Doe No. 4. 3. On June 20, 2008, Mr. Epstein filed a motiori seeking a stay of this action under 18 U.S.C. § 3509. Under that section, when an alleged sexual assault Case 9:08-cv-80380-KAM Document 14 Entered on FLSD Docket 06/20/2008 Page 2 of 4 involving a child victim results in a "criminal proceeding,"· a commonly derived civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added). 4. If Mr. Epstein's stay motion is granted, he will not be required to respond to the Complaint or otherwise litigate this action until the two pending criminal matters are resolved. WHEREFORE, Defendant Jeffrey Epstein respectfully requests an enlargement of time to answer or otherwise respond to the complaint until ten days after his motion for a stay is decided. Respectfully submitted, ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel: 561 659 8300 Fax: 561 835 8691 By: Isl Jack A. Goldberger Jack A. Goldberger Fla. Bar No. 262013 j goldberger@agwpa.com Attorneys for Defendant Jeffrey Epstein • 2 Case 9:08-cv-80380-KAM Document 14 Entered on FLSD Docket 06/20/2008 Page 3 of 4 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7 Counsel for defendant has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion. /s/·Jack A. Goldberger Jack A. Goldberger CERTIFICATE OF SERVICE I HEREBY CERTIFY that· on June 20, 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 on counsel of record identified below by facsimile and U.S. Mail. Jeffrey M. Herman, Esq. Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd, Suite 2218 Miami, Florida 3 3160 Fax: 305 931 0877 /s/ Jack A. Goldberger Jack A. Goldberger 3 Case 9:08-cv-80380-KAM Document 14 Entered on FLSD Docket 06/20/2008 Page 4 of 4 UNITEDSTATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80380-MARRA-JOHNSON JANE DOE NO. 4, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. I ORDER THIS CAUSE having come to be heard on the Defendant's Motion for An Enlargement of Time to Answer or Otherwise Respond to the Complaint, and this Court being fully advised, it is hereby: · ORDERED AND ADJUDGED that the Motion is bereby granted. DONE AND ORDERED in Miami-Dade County, Florida this ___ day of , 2008. -----,-- Copies· furnished to: KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Jack A. Goldberger, Esq. Jeffrey M. Herman, Esq.