UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶
X¶
JANE DOE II,¶
Plaintiff(s),¶
-against-¶
JEFFREY EPSTEIN, ET ANO.,¶
Defendant(s).¶
STATE OF NEW YORK )¶
s.s:¶
COUNTY OF NEW YORK )¶
X¶
CASE NO. 09-08469-CIV¶
AFFIDAVIT OF SERVICE¶
, being duly sworn, deposes and says that he is an employee of KEATING & ATTORNEY SERVICE, INC., is over the age of eighteen years and is not a party to the action.¶
That on the 14th day of April, 2009, at approximately 8:43 p.m., deponent attem ted to serve a true copy of the Summons in a Civil Action and Complaint upon i a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E New York, New York 10065. I asked the Doorman to call the apartment of a/k/a Sarah Bonk, via the lobby phone. The Doorman claimed that a/k/a Sarah Bonk is out of town.¶
That on the 20th day of April, 2009, at approximately 7:45 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E. New York, New York 10065. I asked the Doorman to call the a artment of via the lobby phone, but the Doorman claimed that is not home.¶
That on the 21st day of April, 2009, at approximately 9:20 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E New York, New York 10065. I asked the Doorman to call the apartment of a/k/a Sarah Bonk, via the lobby phone, but the Doorman claimed that is out of town.¶
That on the 24th day of April, 2009, at approximately 8:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E. New York, New York 10065. I asked the Doorman to call the a artment of via the lobby phone but the Doorman claimed that is out of town.¶
¶
That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent attem to t serve a true copy of The Summons in a Civil Action and Complaint upon a/k/a Sarah Bonk at 301 East 66th Street, Apartment I4-C,-F. New York, New York 10065. I asked the Doorman to call the apa a/k/a Sarah Bonk, via the lobby phone. The Doorman claimed that a/Ida Sarah Bonk is not home. I was unable to affix the aforementioned papers on the apartment door of the defendant because the Doorman would not allow me access to the building.¶
That on the 25th day of April, 2009, at approximately 10:30 a served a true copy of the Summons in a Civil Action and Complaint upon a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065 by personally delivering and leaving the same with Hector "Doe", Doorman, who is a person of suitable age and discretion, at that address, the actual place of residence of the defendant.¶
Hector "Doe" is an olive-skinned Hispanic male, approximately 50 years of age, is approximately 5 feet and 8 inches tall, weighs approximately 130 pounds, with silver hair and dark eyes.¶
That on the 29th day of April, 2009, in accordance with the New York State Civil Practice Law and Rules, Section 308(4), and the Federal Rules of Civil Procedure, Rule 4(eX1), copies of which are annexed, deponent served another copy of the foregoing upon the defendant by enclosing a true copy thereof in a securely sealed and postpaid wrapper with the words "PERSONAL and CONFIDENTIAL" written on the same, and not indicating on the outside that it is from an attorney, or concerns a legal matter, and depositing the same into an official depository maintained by the Government of the United States, City and State of New York, addressed as follows:¶
a/k/a Sarah Bonk 301 East 66th Street, Apartment 14-G-E New York, New York 10065¶
Sworn to before me this 29th day of April, 2009¶
MICHA NOTARY Reg. No. d in New Commission expires W YORK 010¶
(2)¶
eniliCSEPH #1155200¶
(1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of asummons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.¶
(2) Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or is authorized to proceed as a seaman under 28 U.S.C. § 1916.¶
(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.¶
(1) A defendant who waives service of asummons does not thereby waive any objection to the venue or to the jurisdiction of the court over the If person of the defendant¶
3(2) An individual, corporation, or association that tis subject to service under subdivision (e), (1), or (h) and that receives notice of an action in the manner provided in this paragraph has aduty to avoid unnecessary costs of seeing the summons. To avoid costs, the plaintiff may notify such adefendant of the commencement of the action and request that the defendant waive service of asummons. The notice and request¶
(A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of adefendant subject to service under subdivision (II);¶
(B) shall be dispatched through first-class mail or other reliable means;¶
(C) shall be accompanied by acopy of the complaint and shall identify the court in which it has been filed;¶
(D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84, of the consequences of compliance and of a failure to comply with the request;¶
(E) shall set forth the date on which the request is sent;¶
(F) shall allow the defendant areasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and¶
(G) shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.¶
If a defendant located within the United States fails to comply with arequest for waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown. •¶
(3) A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until 60days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.¶
(4) When the plaintiff files awaiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if asummons and complaint had been served at the time of filing the waiver, and no proof of service shall be required.¶
(5) The costs to be imposed on adefendant under paragraph (2) for failure to comply with arequest to waive service of asummons shall include the costa subsequently incurred in effecting service under subdivision (e¢, (0, or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.¶
(e) Service Upon Individuals Within aJudicial District of the United States. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States:¶
(1) pursuant to the law of the state in which the district court is located, or in which service is effected, for the service of asummons upon the defendant in an action brought in the courts of general jurisdiction of the State; or¶
(2) by delivering acopy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering acopy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.¶
(f) Service Upon Individuals in aForeign Country. Unless otherwise provided by federal law, service upon an individual from whom awaiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in aplace not within any judicial district of the United States:¶
(1) by any internationally agreed means reasonably calculated to give notice, such as those means j.¶