Herman Mermelstein A w.hermanlaw.com UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-80381-CIV-MARRA/JOHNSON JANE DOE NO Pl-3ai-3nt-3i-3ff vs JEFFREY EPSTEIN Defendant PLAINTIFF 2S REPLY MEMORANDUM IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 2630Plaintiff Jane Doe No by and through her undersigned counsel subm8its this Reply Mem8o1randum8 in Support of Motion for Default Judgm8ent as follows Introduction 2615Defendant Jeffrey Epstein claim8s that se rvice of process on him8 was ineffective under Florida or Federal law based solely on a 223bare bone affidavit that raises m9o1re questions than it answers At a the issue of whether se rvice was effective under Florida or Federal law is at this point one of fact which should be the subject of discovery The Affidavit Attached to the Defendant 2s Response to the Motion is Insufficient 2807Service of process was effected at Jeffrey Epstein 2s New York residence on May at by handing a copy of the Sum8m8ons and Com8p1laint to a person in Defendant 2s residence who refused to identify him8self See D.E Affidavit of Service A Clerk 2s Default was entered against Defendant Jeffrey Epstein in this action on June Defendant has filed the Affidavit of Richard Barnett who claim9s to have receive the copies of the Sum8m8ons and Com8p1laint on May Case Document Entered on FLSD Docket Page of Herman Mermelstein A w.hermanlaw.com at Defendant Epstein 2s residence In this A ffidavit Mr B5a2rnett states very little H4e asserts that he does not now nor has he ever resided at 71st Street New York New York Mr Epstein 2s residence He f)4ails to state in this A ffidavit however where he does live if not at the residence in question what he was doing at th subject address when service was m9ade his relationship with Defendant Epstei and how often he was at the re sidence or why he refused to identify him9self to the process serv er He also fails to state who instructed him9 to answer the door on May and take service anonym8ously Cour-5t-6 ma-5y grant lim9ited discovery on the issu of service of process Com8m8onwealth of Puerto Rico SS Zoe Colocotroni F.R.D D.P.R 223discovery regarding the legal sufficiency of service of process so as to acquire in personam jurisdiction over the person of a def4endant is perm9itted by the Federal Rules of4 Ci vil Procedure specif4i-1cally Rule See also Blair City of W10o1rcester F.3d 1st Cir onteiro San Nicolas S.A F.2d 2d Cir holding that discove ry was appropriate on disputed issues of service of process The parties do not dispute that if the person who in fact received the copies of the sum9m9ons and com9p1laint resided at the reside nce then service would have been valid under Florida or Federal law on May S11e9e National Developm8ent Co Triad Holding Corp F.2d 2d Cir upholding service of4 process on housekeeper of4 def4e-1ndant 2s New York apartm8ent under Fed.R.Civ.P now because the defendant was actually living in Defendant notes that under Rule there is no priority between alternative m8e-1thods of service This m8eans that Plaintiff has the option of perfecti ng service under either federal law the law of the forum9 state or the law of the state where serv ice is m9ade 223Either m9ay be turned to with no attem9p1ted prior resort to the other Fed.R.C iv.P Com8m8e-1ntary C4 It does not stand however for the proposition that the defendant can accept service under New York law while ignoring valid service under Florida or Federal la Accordingly once valid service was m8a-1de on Defendant Epstein under Federal or Florida law on May Defendant was required to answer or otherwise respond to the Com8p1laint by May to avoid default which he failed to do Case Document Entered on FLSD Docket Page of Herman Mermelstein A w.hermanlaw.com the apartm9ent at the tim9e service was ef4f4ected Alternatively if4 the extraordinary dif4f4i-1culties encountered in serving Mr Epstein were the re sult of Mr Epstein 2s deliberate avoidance or deception while knowing of the lawsuit then it ould likewise be appropriate to find good service and a default See Frank Keevan Son Inc Callier Pipe Tube Inc F.R.C S.D Fl.a 223effective service is m8o1st likely found when a defendant has engaged in deception to avoid service of process Based on what Mr Barnett Affidavit does not disclose the entry of default judgm9ent is ap propriate In the alternative Plaintif4f4 should be granted discovery to determ9ine whether service was proper under Flor ida or Federal law Plaintiff would at a m8i-2nim8u1m8 like to take the depositions of Mr Barnett and Mr Epstein with regard to the service of process issues that have arisen in this m9atter Conclusion 2810Based on the foregoing Plaintiff requests that th3is Court allow Plainti f4f4 to take discovery on the issue of service of proce ss conduct an evidentiary hearing on the validity of service under Florida or Federal law that a default judgm9ent be entered the am9ounts set forth in the judgm9ent be assessed by a jury after hearing and such other and further relief as this Court deem9s just and proper Dated June 2751Respectfully subm8itted By Jeffrey Herm8an Jeffrey Herm8an FL Bar No jherm9an herm9anlaw.com Stuart Merm8elstein FL Bar No ssm8 herm8a-1nlaw.com Adam8 Horowitz FL Bar No ahorowitz herm8a-1nlaw.com HERMAN MERMELSTEIN P.A Attorneys for Plaintiffs Jane Doe Biscayne Blvd Suite Miam9i Florida Case Document Entered on FLSD Docket Page of Herman Mermelstein A w.hermanlaw.com Tel CERTIFICATE OF SERVICE I hereby certify that on June I electroni-1cally filed the foregoi ng docum6ent w5ith the Clerk of the Court using I also certify that the foregoing docum9ent is being served this day to all parties on the attached Service List in the m9anner specified either via transm9ission of Notices of Filing generated by CM/ECF or in som9e other authorized m9anner for those parties who are not authorized to receive electr onically Notices of Electronic Filing Jef4f4r-1ey Herm9an Case Document Entered on FLSD Docket Page of Herman Mermelstein A w.hermanlaw.com SERVICE LIST DOE vs JEFFREY EPSTEIN CASE NO 08-CV-80381-MARRA/JOHNSON United States District Court 2Southern District of Florida Jack Alan Goldberger jagesq bellsouth.net Jeffery Herm8an Case Document Entered on FLSD Docket Page of
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