Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CIV-80119-MARRA/JOHNSON JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant Related cases I DEFENDANTS MOTION TO STRIKE PLAINTIFF JANE DOE 2-SS APPEAL DE AS UNTIMELY Defendant Jeffrey Epstein hereinafter Epstein or Defendant by and through his undersigned attorneys respectfully moves this Court for an order Striking Plaintiff Jane Doe Appeal at DE Local Rule allows for this court to strike same As good cause in support of granting the motion Defendant states On August Defendant filed his Motion for Reconsideration and/or Request for Rule Appeal DE and his Supplementary Brief Providing For a More Particularized Showing DE Defendants Motion/Appeal and Supplementary Brief On September the Magistrate Judge entered her order on Defendants Motion/Appeal and Supplementary Brief DE Case Document Entered on FLSD Docket Page of On September days after the Magistrates Order had been entered Plaintiff finally filed her Rule Appeal unfortunately too late No matter which way Plaintiff attempts to calculate the ten day period under Rule Plaintiff remains untimely Local Rule does not apply to Court orders but clearly distinguishes business days and legal holidays as exclusions in calculating due dates for responses and replies Local Rule clearly states that an Appeal of A Magistrates Order must be made within days after being served with said order Thus weekends are included in the calculation and as a result Plaintiff is untimely See Cornelius Home Comings Financial Network Fed.Appx WL Ga granting motion to strike for failing to timely file responses and objections to magistrates order The Rule is clear a Rule Appeal must be filed within the ten day time period allowed under Local Rule Review and Appeal U.S District Court Southern District Again Plaintiff failed to timely comply Therefore Plaintiffs Rule Appeal should be stricken as untimely in accordance with the Rule and the above case law Wherefore Defendant respectfully requests that this court enter an order a striking Plaintiffs Rule Appeal DE and for such other and further relief as this court ems just and proper Br,:i:i iZ Florida Bar Certificate of Service Case Document Entered on FLSD Docket Page of 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 do ment is being served this day on all counsel of record identifid on the llo i Service List in the manner specified by CM/ECF on this day of 6,4ir,t-fl:irt._,q RO ON JR ESQ I ar 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 Counsel for Defendant Jeffrey Epstein Certificate of Service Jane Doe No Jeffrey Epstein Case No 08-CV-80119-MARRA/JOHNSON Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm sexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiffs In related Cases Nos Brad Edwards Esq Rothstein Rosenfeldt Adler East Las Olas Boulevard Suite Fort Lauderdale FL Phone Fax bedwards rra-law.com Counsel for Plaintiff in Related Case No Paul Cassell Esq Pro Hae Vice South Room Case Document Entered on FLSD Docket Page of Richard Horace Willits Esq Richard Willits P.A th Avenue North Suite Lake Worth FL Fax Counsel for Plaintiff in Related Case No reelrhw hotmail.com Jack Scarola Esq Jack Hill Esq Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach FL Fax jsx searcylaw.com jph searcylaw.com Counsel for Plaintiff C.M.A Bruce Reinhart Esq Bruce Reinhart P.A Australian Avenue Suite West Palm Beach FL Fax ecf brucereinhartlaw.com Counsel for Defendant Sarah Kellen Theodore Leopold Esq Spencer Kuvin Esq Leopold Kuvin P.A PGA Blvd Suite Palm Beach Gardens FL Fax Counsel for Plaintiff in Related Case No Salt Lake City UT Fax cassellp law.utah.edu Co-counsel for Plaintiff Jane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isid rogarcia bellsouth.net Counsel for Plaintiff in Related Case No Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax rjosefsberg podhurst.com kezell podhurst.com Counsel for Plaintiffs in Related Cases Nos and Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Counsel for Defendant Jeffrey Epstein
