Draft: efta02748917

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).

4. 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.

5. 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.

6. 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
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
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
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
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
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
Counsel for Plaintiff in Related Case No. 08-80469¶