Draft: efta02748599

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶

CASE NO.: 08-C1V-80119-MARRS¶

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¶

DEFENDANT'S, MOTION FOR EXTENSION DIRECTED TO THE COURT PURSUANT TO RULE 4, REVIEW AND APPEAL-SOUTHERN DISTRICT, IN CONNECTION WITH THIS COURT'S ORDER DATED FEBRUARY 4, 2010 (DE 462)¶

Defendant, Jeffrey Epstein (hereinafter "Epstein"), by and through his undersigned attorneys, and Pursuant to Rule 4, Review and Appeal — Southern District, and other applicable rules as well as this court's discretion, respectfully moves this Court for an extension of time in which to ". . . file with the Clerk of the Court, and serve of all parties written objections which shall specifically set forth the order, or part thereof, appealed from [and] aconcise statement of the alleged error in the [] ruling, and statutory, rule, or case authority, in support of defendant's position." As good cause in support of granting the motion, Defendant states:¶

1. This court entered an order (DE 462) stating that Epstein must provide documents responsive to request to numbers 7, 9, 10, 12, and 13 within 14 days from the date of said order. Federal Rule 4 allows for an appeal to be filed within 14 days of said order

2. Based upon the timing of the order to produce documents and the 14 day time period allowed for the filing of an Appeal, there remains aconflict as to the timing of both. Defendant needs an extension of time as ^aresult of said timing conflict, and for additional the reasons set forth below.

3. Defendant seeks to appeal, pursuant to Rule 4, those portions of the order which specifically address the above requests for production. Given the breadth of the 5th Amendment addressing the above requests and the fact that the order does not address various issues in the Response (including relevance), the Defendant respectfully requests an additional 15 days from February 18, 2010 within which to "file with the Clerk of the Court, and serve of all parties written objections which shall specifically set forth the order, or part thereof, appealed from (and] aconcise statement of the alleged error in the ruling, and statutory, rule, or case authority, in support of defendant's position." As such, Defendant requests that the due date effectively be moved to August 31, 2009.

4. The undersigned, Michael J. Pike, has a special set hearing in front of the Honorable Elizabeth Metzgen in Stuart, Florida on February 9, 2010. In addition, the undersigned, Robert D. Critton, Jr., Esq., is scheduled for various depositions in these related matters.

5. This request is not made to delay and will not prejudice any of the parties.

6. While this request is within the sound discretion of the court pursuant to Rule 4, the undersigned has consulted with opposing counsel and he has not agreed.

Wherefore, the undersigned respectfully requests the relief sought herein, and for such other and further relief as this court deems just and proper.¶

Local Rule 7.1 Statement¶

Counsel for the movant conferred by telephone with counsel or the Plaintiff and Counsel for Plaintiff is not in agreement with the requested e¶

By: ROBERT ON, JR. Florida #2241 2 MICHAEL J. PIKE, ESQ. Florida Bar #617296

¶

Certificate of Service¶

I HEREBY 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 electronic mail (e-mail) on this 9th day of February, 2010.¶

Respectfully s¶

By: ROBERT . C N, JR., ESQ. Florida g r No. 224162 rcrit@bciclaw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpikeAbciclaw.com BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan 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/JOHNSON 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@sexabuseattomey.com¶

ahorowitz@sexabuseattornev.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(abellsouth.net¶

Counsel for Defendant Jeffrey Estein¶

! , Jaffe, Weissing, Fistos¶

Man, PL¶

425 N. Andrews Avenue¶

Suite 2¶

Fort Lauderdale, FL 33301¶

Phone: 954-524-2820¶

Fax: 954-524-2822¶

brad@pathtoiustice.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 PlaintiffJane Doe¶

Isidro M. Esq.¶

LIR, P.A.¶

ifitura 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¶