Case 9:08-cv-80119-KAM Document 95 Entered on FLSD Docket 05/11/2009

Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA.JOHNSON JANE DOE NO. 2, Plaintiff, V. JEFFREY EPSTEIN, Defendant. ------------~' DEFENDANT EPSTEIN'S MOTION FOR ORDER REQUIRING THAT PLAINTIFF USE PROPER CASE STYLE IN ALL FILINGS Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, moves this Court for the entry of an order requiring that the Plaintiff in the above-styled action use the proper case-style in all filings in this action, as opposed to improperly including all other Jane Does, (Jane Doe No. 2, Jane Doe No. 3, Jane Doe No. 4, Jane Doe No. 5, Jane Doe No. 6, and Jane Doe No. 7), who are represented by the same counsel. Rule 10(a), Fed.R.Civ.P. (2009), Loe. Gen. Rule 7.1 (S.D. Fla. 2009). In support of his motion, Defendant states: 1. Rule 1 0(a) of the Federal Rules of Civil Procedure, pertaining to "Caption; Names of Parties," provides that - Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties. 2. Attached hereto as Exhibit A is the case style which Plaintiff recently used in filing papers with this Court. This action has not been consolidated with any of the other Case 9:08-cv-80119-KAM Document 95 Entered on FLSD Docket 05/11/2009

Page 2 of 5 Doe 2 v. Epstein Page2 Jane Doe actions filed by Plaintiff's counsel. Rule 10(a) makes clear that only the parties to this action are to be included in the caption. 3. By including case styles from five additional cases makes it appear as though the cases have been consolidated. Further, the case style used by Plaintiff is not only misleading, but confusing in that there is no clear delineation as to in which action the matter is properly filed. Each case has different facts and should proceed on those facts. Each Plaintiff is claiming personal injury type damages which must be decided separately. 4. Accordingly, Defendant is entitled to an order requiring that Plaintiff uses the proper caption and case style in this action and not list every case in which her counsel represents other Jane Does. WHEREFORE, Defendant respectfully requests that this Court grant Defendant's motion, and enter the requested order. Rule 7 .1 Certification Pursuant to letter communication, Plaintiff's counsel did not agree with the relief request in Defendant's motion. 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 record identified on the following Service List in the manner specified by CM/ECF on this J_L day of May, 2009: Adam D. Horowitz, Esq. Stuart S. Mermelstein, Esq. 18205 Biscayne Boulevard Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Case 9:08-cv-80119-KAM Document 95 Entered on FLSD Docket 05/11/2009

Page 3 of 5 Doe 2 v. Epstein Page 3 Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 [email protected] [email protected] [email protected] Counsel for Plaintiff Jane Doe #2 Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 [email protected] Co-Counsel for Defendant Jeffrey Epstein D C ITTON, JR., ESQ. Florida No 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561-842-2820 Fax: 561-515-3148 (Co-counsel for Defendant Jeffrey Epstein) Case 9:08-cv-80119-KAM Document 95 Entered on FLSD Docket 05/11/2009

Page 4 of 5 Case 9:08-cv-80119-KAM Oocument 82 Entered on FLSD Doe;"et 04/23/2009