115.pdf

Case 9:08-cv-80232-KAM Document 115 Entered on FLSD Docket 06/09/2009 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA-JOHNSON JANE DOE NO. 3 Plaintiff, V. JEFFREY EPSTEIN, Defendant. ____________ _,/ DEFENDANT EPSTEIN'S UNOPPOSED FIRST MOTION TO AMEND AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN"), by and through his undersigned attorneys, moves to amend his affirmative defenses as set forth in the attached Defendant EPSTEIN's First Amended Answer & Affirmative Defenses to Plaintiff's Second Amended Complaint, attached hereto as Exhibit A. Rule 15(a), Fed.R.Civ.P. (2009); Loe. Gen. Rules 7.1, 15.1 (S.D. Fla. 2009): 1. Pursuant to Rule 15(a)(2), Fed.R.Civ.P., a party may amend his pleading "only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Plaintiff's counsel has consented in writing to Defendant's proposed amendments set forth in Exhibit A hereto. Plaintiff's written consent to the amendment is attached hereto as Exhibit B. 2. It is well settled that leave to amend is liberally granted where, as here, there is no resulting prejudice. The liberal allowance of pleading amendments is a "recognition that controversies should be decided on the merits whenever practicable." See Case 9:08-cv-80232-KAM Document 115 Entered on FLSD Docket 06/09/2009 Page 2 of 4 generally, 27A Fed.Proc., Lawyers Ed. §62.273. Generally; freely allowed (2008). "In the absence of any apparent or declared reason--such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.--the leave sought should, as the rules require, be 'freely given.'" Farnan v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). 3. In the instant case, Defendant only amended his affirmative defenses. This is the first amendment sought by Defendant. Defendant's original Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint was recently filed with this Court on April 2, 2009. Recently certain constitutional issues have come to the forefront in other litigation filed against EPSTEIN based on similar allegations regarding the 18 U.S.C. §2255 claim and the punitive damages claim. Accordingly, Defendant seeks to add affirmative defenses directed to those claims. See affirmative defenses in Exhibit A hereto. 4. There will be no resulting prejudice to Plaintiff should leave to amend be granted. Defendant has not unduly delayed this matter in seeking the amendments. Defendant by written correspondence sought Plaintiff's permission to amend. As noted, Plaintiff agreed in writing to the amendments. See Exhibit B hereto. 5. Accordingly, Defendant is entitled to the amendments sought. Upon this Court entering the order granting Defendant's motion to amend, he will file and serve the - 2 - Case 9:08-cv-80232-KAM Document 115 Entered on FLSD Docket 06/09/2009 Page 3 of 4 Amended Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint. Loe. General Rule 15.1 (S.D. Fla. 2009). WHEREFORE, Defendant respectfully requests that this Court enter an order granting Defendant's motion to amend. Rule 7.1 Certification I hereby certify that Defendant's counsel communicated in writing with Plaintiff's counsel regarding this motion to amend. Plaintiff's counsel agreed in writing to the proposed attached amendment (See Exhibit A and B). Robert D. Grit n, Jr. Attorney for efendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of rec_£W_ identified on the following Service List in the manner specified by CM/ECF on this']_aay of June , 2009: 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 Plaintiff Jane Doe #3 Jack Alan Goldberger 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 Co-Counsel for Defendant Jeffrey Epstein - 3 - Case 9:08-cv-80232-KAM Document 115 Entered on FLSD Docket 06/09/2009 Page 4 of 4 Respectfully sub By: ----1----=------- ROBERT D. CRITTON, JR., ESQ. Florida B No. 224162 rcrit@bclclaw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpike@bclclaw.com BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Co-Counsel for Defendant Jeffrey Epstein) -4-