Case 9:08-cv-80119-KAM Document 359 Entered on FLSD Docket 10/19/2009

Page 1 of 4 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 NOTICE OF WITHDRAWAL OF DEFENDANT'S MOTION TO STRIKE PLAINTIFF, JANE DOE 2-S'S APPEAL (DE 327) AS UNTIMELY (DE 334) AND PLAINTIFFS' NOTICE OF WITHDRAWAL OF THEIR RESPONSE IN OPPOSITION TO THE MOTION TO STRIKE (DE 340) WITH ATTACHED ORDER Defendant, Jeffrey Epstein (hereinafter "Epstein" or Defendant) and Plaintiffs, Jane Does 2-8 hereby withdraw the above motions found at (DE 334 and DE 340), and state: 1. On August 31, 2009, Defendant filed his Motion for Reconsideration and/or Request for Rule 4 Appeal (DE 282) and his Supplementary Brief Providing for a More Particularized Showing (DE 282) ("Defendant's Motion/Appeal and Supplementary Brief'). 2. On September 9, 2009, the Magistrate Judge entered her order on Defendant's Motion/Appeal and Supplementary Brief (DE 292). Case 9:08-cv-80119-KAM Document 359 Entered on FLSD Docket 10/19/2009

Page 2 of 4 3. On September 24, 2009, Plaintiffs, Jane Does 2-8 filed their Appeal of Magistrate Judge Decision (DE 327). 4. On October 1, 2009, Defendant filed his Motion to Strike (DE334). 5. Thereafter, on October 6, 2009, Plaintiffs, Jane Does 2-8, filed their Response in Opposition (DE 340) to the Motion to Strike. 6. Since the filing of DE 334 and DE 340, the undersigned lawyers have discussed same and each have agreed to withdraw the above Motion and Response. 7. The undersigned lawyers have agreed that a Response In Opposition to the Rule 4 Appeal filed by Jane Does 2-8 shall be served on November 3, 2009. Attached as Exhibit "A" is an agreed order. 8. On October 19, 2009, Defendant's counsel conferred with Plaintiffs' counsel and was given authority by Plaintiffs' counsel to make the representations outlined herein. Wherefore, Defendant hereby requests that the Court enter the attached Agreed Order and for such other and further relief as this court deems just and proper. 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 Case 9:08-cv-80119-KAM Document 359 Entered on FLSD Docket 10/19/2009

Page 3 of 4 following Service List in the manner specified by CM/ECF on this 19th day of October, 2009 By: ROB=i.=--=r->:~:::±:-=-:---:-:::-::=-c. Florid Bar No. 22 162 [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 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 1 O 1 Salt Lake City, UT 84112 801-585-5202 801-585-6833 Fax Case 9:08-cv-80119-KAM Document 359 Entered on FLSD Docket 10/19/2009