043-02.pdf

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JANE DOE, Plaintiff, v. DARREN K. INDYKE and RICHARD D. KAHN, in their capacities as executors of the ESTATE OF JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, an individual, Defendants. Case No. 1:20-cv-00484-JGK DECLARATION OF ROBERT S. GLASSMAN ROBERT GLASSMAN, pursuant to 28 U.S.C. § 1746, declares under penalty of perjury that the following is true and correct: 1. I am an attorney at the law firm Panish, Shea & Boyle LLP and am admitted before this Court. I represent Plaintiff Jane Doe in this matter. 2. I respectfully submit this Declaration in support of Plaintiff's Motion to Approve Alternate Service Pursuant to Federal Rule of Civil Procedure 4(e)(l). 3. Attached hereto as Exhibit 1 are true and correct copies of declarations provided by process servers documenting five (5) unsuccessful attempts at service on Maxwell at addresses associated with her in both Florida and New York: 116 E. 65th Street, New York, NY 10065; 457 Madison Avenue, 4th Floor, New York, NY 10022; 1000 Venetian Way, APT 801, Miami Beach, FL 33139; 358 El Brillo Way, Palm Beach, FL 33480; 20 E 66th ST, New York, NY 10065. My office conducted extensive Internet searches on Maxwell's whereabouts to find the addresses at which service was attempted. 4. Attached hereto as Exhibit 2 is a true and correct copy of an email that my office Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 1 of 33 2 sent to gmax@ellmax.com on April 24, 2020 which attached a copy of the Complaint in this matter (ECF No. 9) and the summons as to Ghislaine Maxwell (ECF No. 17). We did not receive a response to that email, nor did we receive any indication that the email had not been delivered. We also sent the same email to several other email addresses associated with Maxwell (namely, hello@theterramarproject.org; gmaxwell@theterramarproject.org; maxwellg@theterramarproject.org; ghislaine@theterramarproject.org; gmax@theterramarproject.org; maxwell@theterramarproject.org; ghislaine.maxwell@theterramarproject.org), but received no response. 5. Attached hereto as Exhibit 3 is a true and correct copy of the April 2, 2020 letter that my office sent to Maxwell 's attorney Laura A. Menninger of Haddon, Morgan and Foreman, P.C. Enclosed in the letter is a copy of the Complaint in this matter (ECF No. 9) and the summons as to Ghislaine Maxwell (ECF No. 17). 6. Attached hereto as Exhibit 4 is a true and correct copy of a letter from Maxwell's attorney Laura A. Menninger dated April 13, 2020 in which she indicated she is not authorized to accept service on behalf of Maxwell. 7. Despite these enormous efforts, we have been unable to effectuate service on Maxwell. 8. Attached hereto as Exhibit 5 is a true and correct copy of the order issued by this Court in Ransome v. Epstein, 2 018 WL 637421, at *1 (S.D.N.Y. Jan. 30, 2018), in which the Court found service upon Maxwell to be impracticable and approved Plaintiff serving the complaint and summons on Maxwell's attorneys as Haddon Morgan as an appropriate mode of alternative service. 9. In the Farmer v. Indyke, et al., 1:19-cv-10475-LGS-DCF (S.D.N.Y.), which is related to this case, the court granted alternate service in a text-only order issued on February 12, 2020 which appears as ECF No. 27 as follows: "ORDER granting 18 Motion to Approve Alternate Service on Defendant Ghislaine Maxwell ("Maxwell"). Plaintiff's motion is unopposed, and, based on her representations regarding her inability to locate a current address for Maxwell despite diligent efforts, the Court finds that Plaintiff has adequately demonstrated that personal service Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 2 of 33 3 would be impracticable. See Ransome v. Epstein, No. 17cv616 (JGK), 2018 WL 637421, at *1 (S.D.N.Y. Jan. 30, 2018). This Court further finds that Plaintiff's provision of a copy of the Summons and Complaint by email to Maxwell's counsel of record in another action before the Court (Giuffre v. Maxwell, 15cv7433 (LAP)(S.D.N.Y.)), as well as to an email address publicly associated with Maxwell (see Plaintiff's Memorandum (Dkt. 19), at 3), was reasonably calculated to place Maxwell on notice of this suit and to constitute sufficient service under the circumstances. No later than 2/14/20, Plaintiff is directed to serve Maxwell with a copy of this Text Order by the same means (i.e., by email to Maxwell's counsel of record in the Giuffre case and to the email address publicly associated with Maxwell), and to file proof of such service on the Docket of this action. Maxwell may then have until 3/6/20 to move, answer, or otherwise respond to the Complaint. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 02/12/2020)." Respectfully submitted, Dated: May 27, 2020 _____________________________ Los Angeles, California Robert Glassman Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 3 of 33 ~-zL EXHIBIT 1 Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 4 of 33 Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 5 of 33 ATTORNEY OR PARTY WITHOUT ATTORNEY (Norno, Slato Bar numbor, ond address) FOR COURT USE ONLY ... Robert S Glassman.Esq SBN: Bar No.269816 PANISH SHEA & BOYLE LLP 11111 Santa Monica Blvd Suite 700 GLORIA CELL# 213-444-8132 Los Angeles, CA 90025 TaEPHONE NO.: (310) 4n-1700 FAX NO.: (310) 4n-1699 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Namol: UNITED STATED DISTRICT·COURT SOUTHERN DISTRICT OF NEW YORK STREET ADDRESS: 40 FOLEY SQUARE ROOM 435 CITY AND ZIP COOE: NEW YORK, NY 10007 REfERENCE NUMBER: HEARING DATE: DOE/IN DYKE Plaintiff(s): JANE DOE Defendant(s): DARREN K. INDYKE, et al. CASE NUMBER DECLARATION OF DILIGENCE 1 :20-cv-00484-JG I received the within assignment for filing and/or service on April 24, 2020 and that after due and diligent effort I have not been able to serve said person.I attempted service on this servee on the following dates and times: Servee: Ghislaine Maxwell Documents: COMPLAINT FOR DAMAGES;SUMMONS IN A CIVIL ACTION; Address: 457 Madison Avenue 4th Floor New York, NY 10022 As enumerated below: 4/24/2020 - 7:40 PM 457 Madison Avenue, 4th Floor Business New York, NY 10022 Bad address. This is a multi dwelling apartment complex under the name of Lotte New York. Spoke with Jerry Parker, Security Supervisor for the building who informed me that the whole building is empty at this lime due to the corona virus. No one is currently residing here. No further information provided nor guard would confirm nor deny if subject resides here. County: Registration No.: Nationwide Legal, LLC 1609 James M Wood Blvd. Los Angeles, CA 90015 I declare under penalty of perjury under the laws of the United States of America that I am over the age o 18, t a party to this action and that the foregoing is tr: e . This declaration was executed on 4/ DECLARATION OF DILIGENCE Order#: LA51503/D11Fonnalmdl Case 1:20-cv-00484-JGK-DCF Document 43-2 Filed 05/27/20 Page 6 of