UNI5.8TED STATES DI5.8STRICT COURT SOUTHERN DISTRI5.6CT OF FLORIDA CASE-3.4 NO JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defenda6.7nt.6.4 DEFENDANT?S RESPONS-5.4E2.5 IN OPPOSITION TO MOTION FOR DEF AULT JUDGMENT DE In accordance with Lo cal Rule Defendant J6.3e1ffrey Epstein submits the followi5.6ng response opposition to Plai5.6n tiff?s Mot5.5i0.9on DE Judgment Upon Default and respectfu lly states as follows Jeffrey Eps6.3t0.9ein has filed a motion DE to set aside the clerk?s default DE would serve as the basis of a default judgm3.8e1.6nt DE the reasons detailed in that mo tion at the clerk?s default was entered prematurely because substituted serv ice was effected on Ju ne not May Thus in accordance with Rule a A i of the Federal Rules of Civil Procedure Mr Epstein has until June to respond to th complaint from the pr ematureness of the plaintiff?s motion the law does not favor defaults and any doubts as to whether a party is in default shoul6.3d be decided in Case Document Entered on FLSD Docket Page of favor of the defaulting party E.g Marschauser Travelers Indem Co Fla Highsmith citing Charles A Wright Arthur Miller Mary Kane Fe5.9deral Practice and Procedure at 2d ed Cf id noti6ng that t5.9he Court?s en try of an Or5.8der of Defa6.1ult is within the discretion of the Court 1600.6Because the default DE was prem ature any default judgment at this poi6.4nt woul6.4d also pr6.3em4.1ature See Franklin Scribner No BTM LSP WL at Cal Aug denying for de6.5fault judgm4e1.9nt the deadline had not ye5.6t passed see also id characterizing the motion for default judgment as deficient WHEREFORE based on the foregoing defendant Je ffrey Epstein opposes the plaintiff?s motion for 6.9entr of default judgment Respectfully submitted ATTERBURY GOLDBERGER A3.4u-2.2stralian Ave6.2n2.4ue South West Palm Beach Florida Tel Fax By Jack A Goldberger A Goldber5.4g-2.7er Bar No jgol6.3dber6.2g-1.9er agwpa.c6.5om4 Attorneys for Defendant Jeffrey E-7.4p-3stein Case Document Entered on FLSD Docket Page of CERTI-5.5F1.6ICATE OF SERVI-5.5CE I HEREBY CERTIFY that on June I electronically filed the foregoing doc6.4um3.9ent with the Cl6.2erk of the Court using CM/ECF I also certif that the foregoi6.2ng doc6.6um4.1ent is being served this da6.6y on couns7.2e of record identified below by facsimile U.S Mail Jeffrey Herman Esq Stuart Mermelstein Esq Adam Horowitz Esq Herman Mermelstein P.A Biscayne Bl5.9vd Suite Miami Florida Fax Jack A Goldberger Jack A Goldber5.4g-2.7er Case Document Entered on FLSD Docket Page of
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