Case 9:08-cv-80119-KAM Document 277 Entered on FLSD Docket 08/20/2009

Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. ---------------' Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656,09-80802, 09-81092 -----------------"' Defendant's Motion To Strike Declarations Attached And Cited In Plaintiffs' Reply In Support Of Their Motion For Protective Order (DE 266), And Incorporated Memorandum Of Law Defendant, Jeffrey Epstein (hereinafter "Epstein" or Defendant), by and through his undersigned attorneys, respectfully moves this Court for an order Striking The Declarations attached to and cited in Plaintiffs' Reply in Support of their Motion for Protective Order (DE 266). Local Rule 12 allows for this court to strike same. As good cause in support of granting the motion, Defendant states: 1. On July 29, 2009, Plaintiffs filed their Motion for Protective Order seeking to prevent any investigation of the Plaintiffs and/or the claims they assert against Jeffrey Epstein in their respective Complaints.(DE 226) Plaintiff's Motion for Protective Order attached the Affidavits of Dr. Kliman - Ex. "A," the Declaration of Jane Doe 4 - Ex. "B," and the Declaration of Jane Doe 6 - Ex. "C". Case 9:08-cv-80119-KAM Document 277 Entered on FLSD Docket 08/20/2009

Page 2 of 5 2. On August 11, 2009, Defendant filed his Response In Opposition to the above Motion for Protective Order. (DE 262) 3. On August 14, 2009, Plaintiffs filed their Reply Memorandum in Support of Motion for Protective Order (DE 266), and attached and cited newly filed declarations for which Defendant does not have an opportunity to respond to under the rules. Therefore, the declarations delineated below are outside the scope of Plaintiffs' initial Motion for Protective Order and the Defendants' Response in Opposition. Moreover, the declarations are untimely. 4. In particular, Plaintiffs attach to or cite in their Reply the declaration of Jane Doe 4 (dated August 14, 2009 - a newly filed declaration - DE 267-2), the declaration of Jane Doe 6 (a declaration not attached to the Reply or linked to any other motion by docket entry citation), the declaration of Jane Doe 7 (a declaration not attached to the Reply and referenced as a new August 14, 2009 declaration) and the declaration of Jane Doe 4's sister (Y.B.'s newly filed declaration dated August 18, 2009 - DE 267-3). 5. Based upon the foregoing, the Defendant does not have an opportunity to respond to the newly filed declarations or those declarations cited in the Reply but not attached or linked to any other motion. To the extent Plaintiffs" intention was to link the missing declarations to another motion, response or reply previously filed by Plaintiffs, same has not been specified in their Reply. 6. Note, Defendant is not moving to strike the declaration of Jane Doe 4 dated July 17, 2009 because that declaration is attached to Plaintiffs' initial motion. Case 9:08-cv-80119-KAM Document 277 Entered on FLSD Docket 08/20/2009

Page 3 of 5 Memorandum of Law 7. Ivory v. Holme, 2009 WL 513720 (M.D. Fla. 2009)(striking affidavits as untimely). Wherefore, Defendant respectfully requests that this court enter an order: a. striking the declaration of Jane Doe 4 (dated August 14, 2009 - a newly filed declaration - DE 267-2); b. striking the declaration of Jane Doe 6 (a declaration not attached to the Reply or linked to any other motion by docket entry citation); c. striking the declaration of Jane Doe 7 (a declaration not attached to the Reply and referenced as a new August 14, 2009 declaration); d. the declaration of Jane Doe 4's sister (Y.B.'s newly filed declaration dated August 18, 2009- DE 267-3); or, alternatively; e. require Plaintiffs to file the missing declarations and allow Defendant 10 days within which to file a Supplemental Brief addressing same; and f. for such other and further relief as this court deems just and proper. f By: c_,// MICHAEL J. Pl , ESQ. Florida Bar #617296 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 follatg Srice List in the manner specified by CM/ECF on this ft'.l day of '76~ , 2009 Case 9:08-cv-80119-KAM Document 277 Entered on FLSD Docket 08/20/2009

Page 4 of 5 ROBERT D. CRITTON, JR., ESQ. Florida Bar 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 Phone 561/515-3148 Fax (Counsel for Defendant Jeffrey Epstein) Certificate of Service Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-CV-80119-MARRA/JOHNSON Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 [email protected] [email protected] Counsel for Plaintiffs In related Cases Nos. 08-80069, 08- 80119, 08-80232, 08-80380, 08-80381, 08-80993, 08-80994 Richard Horace Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, FL 33461 561-582-7600 Fax: 561-588-8819 Counsel for Plaintiff in Related Case No. 08-80811 [email protected] Brad Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard Suite 1650 Fort Lauderdale, FL 33301 Phone: 954-522-3456 Fax: 954-527-8663 [email protected] Counsel for Plaintiff in Related Case No. 08-80893 Paul G. Cassell, Esq. Pro Hae Vice 332 South 1400 E, Room 101 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax [email protected] Co-counsel for Plaintiff Jane Doe Isidro M. Garcia, Esq. Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL 33401 561-832-7732 Case 9:08-cv-80119-KAM Document 277 Entered on FLSD Docket 08/20/2009