Case 9:08-cv-80119-KAM Document 361 Entered on FLSD Docket 10/20/2009

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 FOR AN EXTENSION OF TIME TO COMPLETE TRIAL DEADLINES Defendant, JEFFREY EPSTEIN, by and through his undersigned attorneys, respectfully moves this Court for an extension of time to complete trial deadlines, and as good cause in support of granting the motion, states as follows: I. This case is currently set on a two week trial docket commencing on February 22, 2010. 2. The Amended Complaint filed by the Plaintiff is still the subject of a Motion to Dismiss filed on June 12, 2009 (DE 87). Thus, an Answer has not yet been filed. 3. The deposition of Plaintiff has occurred; however, several witness depositions have yet to occur. Moreover, several discovery requests remain outstanding and the subject of Motions to Compel and Responses and Replies thereto. See Notice of 90 Day Extension Case 9:08-cv-80119-KAM Document 361 Entered on FLSD Docket 10/20/2009

Page 2 of 5 Jane Doe v. Epstein, et al. Page 2 attached hereto as Exhibit "A". Moreover, the Independent Medical Examination of Jane Doe is set to occur between November 9 and 11. 4. The scheduling of depositions in this matter has become much more difficult since the case was consolidated on May 14, 2009, due to the number of attorneys involved and the fact that witnesses, plaintiffs and the defendant may only be deposed once. (See Order Consolidating Cases for Purpose of Discovery and Procedural Motions That Relate to Multiple Cases). 5. Due the fact that depositions are still being scheduled, there is technically not an operative compliant in this matter since same is subject to Motion to Dismiss, it is premature to mediate, complete all substantive pretrial motions by today October 20, 2009, disclose expert and exchange expert reports and complete discovery by November 28, 2009. 6. In fact, earlier this year, Defendant filed an Unopposed Motion requesting that the court extend the deadlines for the above reasons. Based upon these delays, there may be a need to postpone the trial date if these delays continue. 7. The proposed new dates are as follows: A. New deadline to disclose experts and exchange expert reports: B. New deadline to complete discovery: C. New deadline to complete substantive pretrial motions: D. New deadline to complete mediation: 11/29/2009 12/28/2009 1/29/2010 02/12/2010 WHEREFORE, Plaintiff and Defendant request that this Court enter an order granting the Motion for Extension of Time to Complete Trial Deadlines. Case 9:08-cv-80119-KAM Document 361 Entered on FLSD Docket 10/20/2009

Page 3 of 5 Jane Doe v. Epstein, et al. Page 3 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 Counsel for the movant conferred via telephone with counsel for the Defendant and counsel for the Defendant is in agreement with moving the above dates; however, counsel for the Defendant is in deposition and has not agreed to the specific dates outlined above. The undersigned has a good faith belief that Mr. Edwards will not object to the proposed dates and will ask Mr. Edwards to file a Notice of Agreement regarding same By: --"'--'--"--.::::....-1-,,--- MICHAEL J. PIKE, 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 following Service List in the manner specified by CM/ECF on this 20th day of October, 2009 By:--\--,,<---+----- RO . ON, 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 Case 9:08-cv-80119-KAM Document 361 Entered on FLSD Docket 10/20/2009

Page 4 of 5 Jane Doe v. Epstein, et al. Page4 (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 3 3 160 305-931-2200 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] Jack Scarola, Esq. Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 561-686-6300 Fax: 561-383-9424 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. ProHac 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 561-832-7137 F [email protected] Counsel for Plaintiff in Related Case No. 08- 80469 Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Case 9:08-cv-80119-KAM Document 361 Entered on FLSD Docket 10/20/2009