Case Document Entered on FLSD Docket Page of JANE DOE NO Plaintiff vs JEFFREY EPSTEIN Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-CIV-80119-MARRA/JOHNSON Related cases __ MOTION FOR ORDER TO SHOW CAUSE WHY SAMANTHA RIVERA SHOULD NOT BE HELD IN CONTEMPT OF COURT Defendant JEFFREY EPSTEIN Epstein pursuant to Fed Civ moves for an Order to Show Cause why Samantha Rivera should not be held in contempt of court for failing to obey a subpoena requiring her to appear at a deposition on February and states On February non-party Samantha Rivera was served with a subpoena for deposition scheduled to occur on February A copy of the subpoena and affidavit of service are attached as Exhibits A respectively Despite being properly served with the subpoena Samantha Rivera failed to appear at her deposition on February A Certificate of Non-Appearance is attached as Exhibit Case Document Entered on FLSD Docket Page of Rule Federal Rules of Civil Procedure provides that the court may hold in contempt a person who having been served fails without adequate excuse to obey the subpoena See also foster Mone WL M.D Fla granting motion for contempt where deponent failed to appear at deposition after being served with subpoena and failed to appear at show cause hearing United States Pierre WL S.D Fla holding defendant in contempt and issuing a warrant for his arrest where defendant failed to appear at deposition pursuant to subpoena and failed to appear at the hearing on plaintiffs motion for order to show cause Ms Rivera did not notify the undersigned that she would not or could not attend her properly noticed deposition Nor did Ms Rivera contact the undersigned after February to provide an excuse or explanation as to her failure to appear Counsel for Epstein has attempted to contact Ms Rivera in an effort to re schedule her deposition but Ms Rivera has not returned any phone calls Accordingly Epstein requests the Court enter an Order to Show Cause why Samantha Rivera should not be held in contempt of court A proposed Order is attached as Exhibit The proposed Order provides that Ms Rivera can avoid the need to appear at a show cause hearing by appearing for deposition on or before a date certain Epstein recommends the court require her attendance at deposition on or before April Epstein also requests the Court set a hearing on his Motion for Order to Show Cause in the event Ms Rivera fails to appear for deposition on or before April WHEREFORE Defendant JEFFREY EPSTEIN respectfully requests that this Court enter an Order to Show Cause as to why Samantha Rivera should not be held in contempt of Case Document Entered on FLSD Docket Page of Court and set a show cause hearing in the event Samantha Rivera fails to purge the contempt and appear for deposition on or before April and grant any additional relief the Court deems just and proper Isl Robert Critton Jr Robert Critton Jr Michael Pike Attorneys for Defendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CMIECF I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CMIECF on this 29th day of March Respectfully submitted By Isl Robert Critton Jr ROBERT CRITTON JR ESQ Florida Bar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Banyan Blvd Suite West Palm Beach FL Phone Fax Counsel/or Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of 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 Plaintiff In related Cases Nos Jack Alan Goldberger Esq Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Counselfor Defendant Jeffrey J,,pstein Robert Josefsberg Esq Katherine Ezell Esq Podhurst Orseck P.A West Flagler Street Suite Miami FL Fax rjosefsberg podhurst.com kezell podhurst.com Brad Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman PL Andrews Avenue Suite Fort Lauderdale FL Phone Fax brad pathtojustice.com Counsel for Plaintiff in Related Case No Paul Cassell Esq Pro Hae Vice South Room JOI Salt Lake City UT Fax cassellp law.utah.edu Co-counselfor PlaintiffJane Doe Isidro Garcia Esq Garcia Law Firm P.A Datura Street Suite West Palm Beach FL isidrogarcia bellsouth.net Counsel for Plaintiff in Related Case No
