## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/MM 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 ## REPLY TO ROTHSTEIN ROSENFELDT ADLER'S P.A.'S RESPONSE TO DEFENDANT'S EMERGENCY MOTION FOR ORDER FOR THE PRESERVATION OF EVIDENCE IDE 4051 (AS TO JANE DOE v. EPSTEIN CASE NO.: 08-CIV- 80893) Defendant, Jeffrey Epstein ("Epstein"), by and through his undersigned attorneys, hereby files his Reply to Rothstein Rosenfeldt Adler P.A.'s ("RRA") Response to Defendant's Emergency Motion for Order for the Preservation of Evidence [DE 405], and states: 1. It now appears that the Honorable Herbert Stettin ("Mr. Stettin") is the sole individual, as the Chief Restructuring Officer, in charge of RRA assets, including electronic and paper records. There also appears to be no objection to the entry of the preservation order consistent with his fiduciary/trustee duties for RRA, although certain documents may no longer exist within his possession. 1. Par. 4 of the response reflects that some 40 plus boxes of documents were obtained by the Department of Justice from search warrants served on the offices of RRA; "it is believed that the Department of Justice also sequestered about (13) boxes of documents related to this [Epstein] case." In fact there are three Epstein cases which have been brought by the RRA firm, one being in federal court, two in state court. Mr. Stettin confirms Defendant's belief that there are serious ethical and potentially criminal issues that may impact Plaintiffs' ability to pursue their cases. 1. Unfortunately, time is critical with regard to this case in that there are deadlines to Disclose Experts and Exchange Reports by October 29, 2009 (but Plaintiff has not seen her expert, has no report and only made herself available for the Defendant's exam on November 13, 2009), deposition discovery deadline is November 28, 2009 and a calendar call of February 19, 2010 for the February 22, 2010 trial docket. While the undersigned understands that Mr. Stettin may be working expeditiously to deal with critical and pressing needs of stabilizing the firm, a delay of 45 days for his deposition (which has been set in the state court case in the 15t11 Judicial Circuit Court, Palm Beach County, State of Florida, L.M. v. Epstein, Case No. 502008CA028051XXXXMB AB, not the case subludice) will place his deposition sometime during the first 15 days of January, after every pre-trial deadline has expired. 1. If in fact there has been inappropriate and/or illegal conduct associated with the prosecution of this case by RRA or any of its attorneys or by the Plaintff herself, which might result in sanctions, dismissal or other remedy, Defendant Epstein will be severely prejudiced. WHEREFORE, Defendant Epstein request that the court's preservation order be made permanent, which does not seem inconsistent with Mr. Stettin's position as expressed by his lawyers but deny the relief sought for delaying the deposition unless the court is disposed to modify the current scheduling deadlines and trial date that exist in this case. By: Robert D. ritton, Jr. . Florida tar #224162 ## Certificate of Service I HEREBY CERTIFY that a true 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 recordidentified on the following Service List in the manner specified by CM/ECF on this /t1r day of November, 2009 Respectfully subm. ed, By: ROBERT D1CRITTON, JR., ESQ. Florida Bar No. 224162 rcrit@bc1claw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpike@bciclaw.com BURMAN, CRITTON, LUTHER & COLEMAN 515 N. Flagler Drive, 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. Brad, Esq. Adam D. Horowitz, Esq. Rothstein Rosenfeldt Adler Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 ssmasexabuseattornev.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 Richard Horace Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, FL 33461 561-582-7600 Fax: 561-588-8819 Counsel for Plaintiff in Related Case No. 08-80811 reelrhw@hotmail.com Jack Scarola, Esq. Jack P. S Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 561-686-6300 Fax: 561-383-9424 jsx@searcylaw.com irohasearcvlaw.com Counsel for Plaintiff C.M.A. Bruce Reinhart, Esq. Bruce E. Reinhart, P.A. 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 561-202-6360 Fax: 561-828-0983 ecf@brucereinhartlaw.com 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 Phone: 954-522-3456 Fax: 954-527-8663 bedwardsQrra-law.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 cassellpalaw.utah.edu Co-counsel for Plaintiff Jane Doe Isidro M. MN Esq. Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832-7732 561-832-7137 F isidrogarcia(aellsouth.net Counsel for Plaintiff in Related Case No. 08-80469 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 riosefsbern@nodhurst.com kezellariodhurst.com Counsel for Plaintiffs in Related Cases Nos. 09-80591 and 09-80656 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Counsel for Defendant Theodore J. Leopold, Esq. Spencer T. Kuvin, Esq. Leopold, Kuvin, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 561-684-6500 Fax: 561-515-2610 Counsel for Plaintiff in Related Case No. 08-08804 561-659-8300 Fax: 561-835-8691 inesoabellsouth.net Counsel for Defendant Jeffrey Epstein Charles H. Lichtman, Esq. Isaac Marcushamer, Esq. Berger Singerman, P.A. 350 East Broward Boulevard, 10th Floor 954-525-9900 954-523-2872 Fax clichtmanabergersingennan.com imarcushamerebergersingerman.com Proposed Attorneys for Alleged Debtor