## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/Mil JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 # MOTION FOR ORDER TO SHOW CAUSE WHY CASSANDRA SHOULD NOT BE HELD IN CONTEMPT OF COURT Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fed. R. Civ. P. 45(e) moves for an Order to Show Cause why Cassandra should not be held in contempt of court for failing to obey a subpoena requiring her to appear at a deposition on February 23, 2010, and states: - 1. On February 3, 2010, non-party Cassandra was served with a subpoena for deposition scheduled to occur on February 23, 2010. A copy of the subpoena and affidavit of service are attached as Exhibits A & B, respectively. - 2. Despite being properly served with the subpoena, Cassandra failed to appear at her deposition on February 23, 2010. A Certificate of Non-Appearance is attached as Exhibit C. 3. Rule 45(e), Federal Rules of Civil Procedure, provides that the court "may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena." See also v. Mone, 2008 WL 5111521 (M.D. Fla. 2008) (granting motion for contempt where deponent failed to appear at deposition after being served with subpoena and failed to appear at show cause hearing); United States v. Pierre, 2007WL 5268245 (S.D. Fla. 2007) (holding defendant in contempt and issuing awarrant for his arrest where defendant failed to appear at deposition pursuant to subpoena and failed to appear at the hearing on plaintiff's motion for order to show cause). 1. did not notify the undersigned that she would not (or could not) attend her properly noticed deposition. Nor did contact the undersigned after February 23, 2010to provide an excuse or explanation as to her failure to appear. 1. In her deposition taken on March 11, 2010, Plaintiff testified that she knew Cassandra had been served with a subpoena for deposition, had spoken to Cassandra but Cassandra did not state why she did not attend her deposition. See 3/11/10 Deposition of Plaintiff at 473. 1. Accordingly, Epstein requests the Court enter an Order to Show Cause why Cassandra should not be held in contempt of court. A proposed Order is attached as ### Exhibit D. 7. The proposed Order provides that ■- **can avoid the need to appear at a show cause hearing by appearing for deposition on or before adate certain. Epstein recommends the court require her attendance at deposition on or before April 16, 2009.** **8. Epstein also requests the Court set a hearing on his Motion for Order to Show Cause in the event fails to appear for deposition on or before April 16, 2009.** WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests that this Court enter an Order to Show Cause as to why Cassandra should not be held in contempt of Court and set ashow cause hearing in the event Cassandra fails to purge the contempt and appear for deposition on or before April 16, 2010 and grant any additional relief the Court deems just and proper. Is, Robert D. Critton, Jr. Robert D. Critton, Jr. Michael J. Pike Attorneys for Defendant Epstein ### Certificate of Service IHEREBY CERTIFY that atrue 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 29th day of March, 2010. Respectfully submitted, By: /W Robert D. Critton, Jr ROBERT D. CRITTON, JR., ESQ. Florida Bar No. 224162 rcritQbelclaw.com MICHAEL J. PIKE, ESQ. Florida Bar €1617296 mpike®bciclaw.com BURMAN, CRITTON, LUTHER & COLEMAN 303Banyan Blvd., Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant Jeffrey Epstein) **Certificate of Service**\ **Jane Doe No. 2 v. Jeffrey Epstein**\ **Case No. 08-CV-80119-MARRA/** [REDACTED] 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](mailto:ssm@sexabuseattorney.com)\ [ahorowitz@sexabuseattorney.com](mailto:ahorowitz@sexabuseattorney.com)\ *Counsel for Plaintiffs*\ *In related Cases Nos. 08-80069, 08-80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994* 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](mailto:jagesq@bellsouth.net)\ *Counsel for Defendant Jeffrey Epstein* Robert C. 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\ [rjosefsberg@podhurst.com](mailto:rjosefsberg@podhurst.com)\ [kezell@podhurst.com](mailto:kezell@podhurst.com) Brad [REDACTED] Esq.\ [REDACTED], Jaffe, Weissing, [REDACTED] Fistos &\ Lehrman, PL\ 425 N. Andrews Avenue\ Suite 2\ Fort Lauderdale, FL 33301\ Phone: 954-524-2820\ Fax: 954-524-2822\ [brad@pathtojustice.com](mailto:brad@pathtojustice.com)\ *Counsel for Plaintiff in Related Case No. 08-80893* Paul G. Cassell, Esq.\ *Pro Hac Vice*\ 332 South 1400 E, Room 101\ Salt Lake City, UT 84112\ 801-585-5202\ 801-585-6833 Fax\ [cassellp@law.utah.edu](mailto:cassellp@law.utah.edu)\ *Co-counsel for Plaintiff Jane Doe* Isidro M. [REDACTED] Esq.\ [REDACTED] Law Firm, P.A.\ 224 Datura Street, Suite 900\ West Palm Beach, FL 33401\ 561-832-7732\ 561-832-7137 F\ [isidrogarcia@bellsouth.net](mailto:isidrogarcia@bellsouth.net)\ *Counsel for Plaintiff in Related Case No. 08-80469*