054.pdf

Case 9:08-cv-80232-KAM Document 54 Entered on FLSD Docket 03/06/2009 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. I -------------- DEFENDANT'S MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS Defendant, Jeffrey Epstein, (hereinafter "Epstein") by and through his undersigned attorneys, respectfully moves this Court for an extension of time in which to respond to Plaintiff's Motion to Compel Answers to Interrogatories And Production of Documents, dated March 2, 2009. Local General Rule 7.1 A.1 and Rule 6, Fed. R. Civ. P. (2009). Defendant seeks an extension until March 25, 2009, to file his response. As good cause in support of granting the motion, Defendant states: 1. Defendant's response to the motion to compel would be due on March 16, 2009 (10 days to respond, not including weekends). As certified below, Plaintiff's counsel is in agreement with the requested extension of March 25, 2009. 2. Plaintiff's counsel also represents other Plaintiffs pursuing claims against Defendant, EPSTEIN. A total of four of the Plaintiffs have also filed motions to compel bearing the same dates. In order to fully and adequately respond to this and the other motions, Defendant is in need of an extension until March 25, 2009. Case 9:08-cv-80232-KAM Document 54 Entered on FLSD Docket 03/06/2009 Page 2 of 4 Jane Doe No. 3 v. Epstein Page2 3. In addition to the multiple motions to compel, good cause for the extension also includes that counsel has been attempting to resolve discovery issues in this and other cases against Defendant, EPSTEIN; an associate of Defendant's undersigned counsel who works extensively on this case was out of the office for two weeks during the month February caring for two of her children who had the flu, and the associate herself also caught the flu; Defendant's counsel is also in the midst of preparing for two state court trials - one on a March trial docket and the other specially set in mid-May, (OLD MARSH GOLF CLUB, INC. v. OLD MARSH PARTNERS, et al, Case No. 50 2006CA001667XXXXMBAD - set on trial docket beginning March 16, 2009; CARDIOPULMONARY & PRIMARY CARE ASSOC. OF TREASURE COAST, P.A v. LEWIS, M.D., Case No. 562008CA001726, specially set for trial beginning May 13 through 15, 2009). Discovery in both of these cases is ongoing with several depositions set to prepare for trial. 4. The requested extension is fair in reasonable under the circumstances as it will provide time to allow the Defendant, EPSTEIN, to fully and adequately respond to this and the other motions to compel. WHEREFORE, Defendant requests that this Court enter an order granting the Defendant an extension until March 25, 2009, in which to respond to Plaintiff's Motion to Compel Answers to Interrogatories and Production of documents. Local Rule 7.1 Certification Counsel for the movant conferred by telephone with counsel for the Plaintiff and Counsel for Plaintiff is in agreement with the requested extension until March 25, 2009 Case 9:08-cv-80232-KAM Document 54 Entered on FLSD Docket 03/06/2009 Page 3 of 4 Jane Doe No. 3 v. Epstein Page 3 for Defendant to respond to the motion to compel. Robert D. Cri on, 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 counsey pf1ecord identified on the following Service List in the manner specified by CM/ECF on this ~ay of March, 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 jagesq@bellsouth.net Co-Counsel for Defendant Jeffrey Epstein Respectfully subm~d, 11/ / By: __ ---,;:...;:,:::::;;. ____ _ ROBERT D. CRITTON, JR., ESQ. Florida B No. 224162 rcrit@bcclaw.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) Case 9:08-cv-80232-KAM Document 54 Entered on FLSD Docket 03/06/2009 Page 4 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. I ------------- ORDER ON DEFENDANT'S MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS This matter came before the Court on Defendant's, JEFFREY EPSTEIN, Motion For Extension of Time in Which to Respond to Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents. Having considered Defendant's motion and Plaintiff's counsel being in agreement with the requested extension, it is HEREBY ORDERED and ADJUDGED that: Defendant's motion is GRANTED. Defendant shall respond to Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents on or before March 25, 2009. DONE and ORDERED this __ day of _______ , 2009. Kenneth A. Marra United States District Judge Courtesy Copies: Counsel of Record