Jeffrey Epstein's notice withdrawing most motion-to-dismiss arguments, June 2009

EFTA00183753¶

Case 9:09-cv-80591-KAM Document 53 Entered on FLSD Docket 06/12/2009¶

Page 1 of 2¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶

CASE NO.: 09-CIV-80591 - KAM¶

DOE NO. 101,¶

Plaintiff,¶

JEFFREY EPSTEIN,¶

Defendant.¶

DEFENDANT JEFFREY EPSTEIN’S NOTICE OF WITHDRAWL OF ARGUMENTS I THROUGH VII OF THE DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (DE29)¶

Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, hereby withdraws arguments I through VII as set forth in the Defendant’s Motion to Dismiss the Plaintiff’s First Amended Complaint (FAC) [DE 29], dated May 26, 2009. Defendant withdraws his arguments contained subparagraphs A, B, and Sections I (The Complaint Must Be Dismissed Because Plaintiff Is Not A Minor), II (The FAC Must Be Dismissed Because The Defendant Has Not Been Convicted Of A Predicate Offense), III (Count One Of The FAC Must Be Dismissed Because It Does Not Please A Violation Of 18 § 2422(b)), IV (Count Two Must Be Dismissed Because It Does Not Plead A Violation Of 18 § 2423(b)), (Count Three Must Be Dismissed Because It Does Not Plead A Violation Of 18 § 2251, VI (Counts Four and Five Must Be Dismissed Because They Do Not Plead Violation of 18 §§ 2252(a)(1) Or 2252(a)(1), and VII (Count Six Must Be Dismissed Because 18 § 2252A(g) Was Not Enacted Until 2006).¶

Defendant will rely only on those arguments set forth in subparagraph D, on page 3, and Paragraph VIII (Any Surviving Count Should Be Merged Into A Single Count) of the¶

EFTA00183754¶

Case 9:09-cv-80591-KAM Document 53 Entered on FLSD Docket 06/12/2009¶

Page 2 of 2¶

Defendant’s Motion to Dismiss the First Amended Complaint Or, In The Alternative, For A¶

More Definite Statement [DE 29] dated May 26, 2009.¶

Counsel for Defendant 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 record identified on the following Service List in the manner specified by CM/ECF on this day of June, 2009¶

Robert . Josefsberg, Esq.¶

Katherine W. Ezell, Esq.¶

Podhurst Orseck, P.A.¶

25 West Flagler Street, Suite 800¶

Miami, FL 33130¶

305 358-2800¶

Fax: 305 358-2382¶

Counsel for Plaintiff¶

Jack Alan Goldberger, Esq.¶

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¶

Counsel for Defendant Jeffrey Epstein¶

Respectfully submitted.¶

ROBERT D. CRITTON, JR., ESQ.¶

ROBERT D. CRITTON, JR., ESQ.¶

Florida Bar 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¶

(Counsel for Defendant Jeffrey Epstein)¶