Epstein Secrets

d no indication whatsoever in his affidavit that he asked, was told or even made any attempt to determine that "Mark" resided at 9 East 71st Street, New York, New York. (Id.). Nor did Mr. Marsigliano state the time of day that he allegedly delivered the papers to "Mark". (Id.) 4 EFTA00725479 Case No

proof of service from Mr. Marsigliano attesting that he left M.J.'s complaint with the caretaker at Epstein's residence or usual place of abode." (D.E. 15 at p. II). This assertion is false. Defendant has never admitted that the proof of service states that Mr. Marsigliano left the Summons and Com

copy of her complaint and other documents with someone at the home", which is all that Plaintiff alleges, or whether Mr. Epstein had actual notice (D.E. 15 at 12), but, rather, whether the suit papers were left with "someone of suitable age and discretion who resides" at 9 East 71s' Street, New York.

that "[a]s a threshold matter, the court must [first] address the rules pursuant to which process was served"). Service of process was valid under New York's rule for so-called "substitute-service" (i.e., service in a manner other than delivery in-hand to the defendant herself or himself), but that statu

In accordance with New York procedure, such substituted service "shall be complete ten days after such filing." Id. (emphasis added). Accordingly, New York does not use the date of delivery to the person at the defendant's "abode" as the date service is effected. This was the point of error for the depu

led a motion to compel the Clerk of Court to enter default against Mr. Epstein, or in the alternative, for an enlargement of time to serve process [D.E. 9].3 Overview of Rules for Service of Process The Federal Rules of Civil Procedure authorize three distinct methods of service in a diversity actio

ead them. Q And what did you do with them after you read them? A I left them on my desk. Q Which desk? A I don't remember exactly. I believe New York, as I said before. Q What happened to those documents after you left them on your desk? A After being informed by my counsel, I Palm Beach Repo

the issue of his knowledge and possession of the disc. (Apr. Tr. 36:2-9.) The Show Cause Order also provided for the filing of sworn declarations. (D.E. 6366,91 5 i.v.) Specifically, it provides: Unless otherwise ordered, the direct testimony of each witness, except adverse, hostile or rebuttal witn

to date there has been no action taken on that Motion. 'Service can also be made on the Defendant in this case under Florida law or under the law of New York, where the service was made. Fed.R.Civ.P. 4(2)(A). Florida law is substantially the same as federal law, as it allows service on a person 15 years o

. A. www.hermanlaw.com - 1 - EFTA00222609 Case 9:08-cv-80119-KAM Document 9 Entered on FLSD Docket 06)11:2008 Page 2 of 7 improper service. (D.E. 8).1 5. The Affidavit of Service filed in this case, states that the process server made five separate attempts at service at the Defendant's New Y

rman ("Sherman"), Hoffenberg's uncle, vice-president. At DCC, Sherman had blank checks available for Hof- fenberg and put up the money to start Her New York and had made payments on Hoffenberg's apartment and boat mortgage. Stratford started op- erations in late December 1993 by taking on a few collecti

EPSTEIN upon her, Plaintiff intends to rely exclusively on the statutory damages, rather than those damages which are available at common law. (See D.E. 113). If however, the Court rules that the statutory floor applies only one time, regardless of the number of times EPSTEIN committed an enumerated