056.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-80469-Cr-Marra/Johnson JANE DOE II, Plaintiff, vs. JEFFREY EPSTEIN, and SARAH KELLEN, Defendants. ______________________/ MOTION TO ADOPT CO-DEFENDANT EPSTEIN’S MOTION TO DISMISS AND REPLY Defendant SARAH KELLEN, by and through undersigned counsel, respectfully requests leave to adopt, as her own, co-defendant Jeffrey Epstein’s Motion to Dismiss and Reply and as grounds states: 1.Plaintiff filed the instant action against Mr. Epstein and Ms. Kellen in March 2009. 2.On July 22, 2009, United States District Judge Kenneth L. Marra granted Ms. Kellen leave until August 3, 2009, to file a responsive pleading in the instant action (DE 49). 3.By this Motion, Ms. Kellen seeks to file a responsive pleading in this action by adopting as if set forth legally and factually by Ms. Kellen, co-defendant Jeffrey Epstein’s Motion to Dismiss Plaintiff’s Complaint and Supporting Memorandum and Exhibits (DE 13), filed May 6, 2009, and co-defendant Jeffrey Epstein’s Reply in Opposition to Plaintiff’s Response in Opposition to Epstein’s Motion to Dismiss (DE 31), filed June 1, 2009. 4.Ms. Kellen requests leave of the Court to adopt these motions as if they were her own without burdening the record with a duplicative filing. 1 Case 9:09-cv-80469-KAM Document 56 Entered on FLSD Docket 08/01/2009 Page 1 of 2 WHEREFORE, Defendant Kellen respectfully requests this Court grant this Motion and permit her to adopt co-defendant Jeffrey Epstein’s Motion to Dismiss Plaintiff’s Complaint and Supporting Memorandum and Exhibits (DE 13), filed May 6, 2009, and co-defendant Jeffrey Epstein’s Reply in Opposition to Plaintiff’s Response in Opposition to Epstein’s Motion to Dismiss (DE 31), filed June 1, 2009, as if each were set forth factually and legally by Ms. Kellen in their totality. Respectfully submitted, BRUCE E. REINHART, P.A. By: /s/ Denise Kalland DENISE KALLAND Florida Bar No. 39025 250 S. Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Tel:(561) 202-6360 Fax:(561) 863-8691 Dkalland@BruceReinhartLaw.com CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on August 1,2009 the undersigned served copies of Sarah KELLEN’S Motion to Adopt Co-Defendant Epstein’s Motion to Dismiss and Reply by electronic CM/ECF filing to all counsel of record. /s/Denise Kalland DENISE KALLAND 2 Case 9:09-cv-80469-KAM Document 56 Entered on FLSD Docket 08/01/2009 Page 2 of 2