UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶
CASE NO.: 08-80804-CIV-MARRA¶
JANE DOE, a/k/a JANE DOE #1,¶
Plaintiff,¶
vs.¶
JEFFREY EPSTEIN and¶
Defendants.¶
EPSTEIN'S RESPONSE TO MOTION TO PRESERVE EVIDENCE EDE 121¶
Defendant Jeffrey Epstein hereby responds to the plaintiff Jane Doe's motion to preserve evidence, as follows:¶
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- The Certificate of Compliance annexed to the plaintiff's motion states that plaintiff's "counsel conferred with counsel for [Mr. Epstein] . . . and [Epstein's] counsel advised that [Epstein] oppose[s] this motion." DE 12 at 2 (emphasis added). That certification is inaccurate.
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- On August 21, 2008, counsel for the plaintiff called Kathryn Meyers, Esq. of the Tein law firm to elicit Epstein's position on this motion. Ms. Meyers responded that she would confer with Mr. Tein and call them back. Less than thirty minutes later, however, plaintiff's counsel - - without waiting to hear back from us - - electronically filed the motion, incorrectly certifying that we had actually opposed it.
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- Upon receipt of the motion via CM/ECF, Ms. Meyers immediately notified plaintiffs counsel of their error. Plaintiff's counsel did not notify the court of the incorrect
certification, leaving the Court with the impression that Epstein opposed the motion and perhaps prompting the Court to order an expedited response.¶
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- In fact, Epstein has no opposition to the relief requested.
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- It is worth noting that the motion for return of property filed in the State criminal matter has not been noticed for a hearing, has not been argued or ruled upon, and no property has been returned.
Respectfully submitted,¶
TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744¶
By: /s/ Michael R. Tein GUY A. Fla. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com KATHRYN A. MEYERS Fla. Bar No. 0711152 kmeyers@lewistein.com¶
ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
¶
By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com¶
Attorneys for Defendant Jeffrey Epstein¶
CERTIFICATE OF SERVICE¶
I HEREBY CERTIFY that on August 22, 2008, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive Notices of Electronic Filing.¶
/s/ Michael It Tein Michael R. Tein
¶
Service List¶
Theodore J. Leopold, Esq. Spencer Kuvin, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe¶
Douglas M. McIntosh, Esq. (by fax and U.S. Mail) Jason A. Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant¶
Bruce E. Reinhart, Esq. (by fax and U.S. Mail) Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant¶
Robert D. Critton, Esq. (by fax and U.S. Mail) Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein¶