Case Document Entered on FLSD Docket Page of generally Fed.Proc Lawyers Ed Generally freely allowed In the absence of any apparent or declared reason--such as undue delay bad faith or dilatory motive on the part of the movant repeated failure to cure deficiencies by amendments previously allowed undue prejudice to the opposing party by virtue of allowance of the amendment futility of amendment etc.--the leave sought should as the rules require be freely given Farnan Davis U.S S.Ct L.Ed.2d In the instant case Defendant only amended his affirmative defenses This is the first amendment sought by Defendant Defendants original Answer and Affirmative Defenses to Plaintiffs Second Amended Complaint was recently filed with this Court on April Recently certain constitutional issues have come to the forefront in other litigation filed against EPSTEIN based on similar allegations regarding the U.S.C claim and the punitive damages claim Accordingly Defendant seeks to add affirmative defenses directed to those claims See affirmative defenses in Exhibit A hereto There will be no resulting prejudice to Plaintiff should leave to amend be granted Defendant has not unduly delayed this matter in seeking the amendments Defendant by written correspondence sought Plaintiffs permission to amend As noted Plaintiff agreed in writing to the amendments See Exhibit hereto Accordingly Defendant is entitled to the amendments sought Upon this Court entering the order granting Defendants motion to amend he will file and serve the Case Document Entered on FLSD Docket Page of Amended Answer and Affirmative Defenses to Plaintiffs Second Amended Complaint Loe General Rule S.D Fla WHEREFORE Defendant respectfully requests that this Court enter an order granting Defendants motion to amend Rule Certification I hereby certify that Defendants counsel communicated in writing with Plaintiffs counsel regarding this motion to amend Plaintiffs counsel agreed in writing to the proposed attached amendment See Exhibit A and Robert Grit Jr Attorney for efendant Epstein 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 rec_ identified on the following Service List in the manner specified by CM/ECF on this_aay of June Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm sexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiff Jane Doe Jack Alan Goldberger Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Co-Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of Respectfully sub By ROBERT CRITTON JR ESQ Florida No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Co-Counsel for Defendant Jeffrey Epstein
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