Case 9:08-cv-80119-KAM Document 508 Entered on FLSD Docket 03/29/2010

Page 1 of 4 JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV-80119-MARRA/JOHNSON I --------------- 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 I --------------- MOTION FOR ORDER TO SHOW CAUSE WHY CASSANDRA RIVERA SHOULD NOT BE HELD IN CONTEMPT OF COURT Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fed. R. Civ. P. 45(e) moves for an Order to Show Cause why Cassandra Rivera should not be held in contempt of court for failing to obey a subpoena requiring her to appear at a deposition on February 23, 2010, and states: 1. On February 3, 2010, non-party Cassandra Rivera was served with a subpoena for deposition scheduled to occur on February 23, 2010. A copy of the subpoena and affidavit of service are attached as Exhibits A & B, respectively. 2. Despite being properly served with the subpoena, Cassandra Rivera failed to appear at her deposition on February 23, 2010. A Certificate of Non-Appearance is attached as Exhibit C. Case 9:08-cv-80119-KAM Document 508 Entered on FLSD Docket 03/29/2010

Page 2 of 4 3. Rule 45(e), Federal Rules of Civil Procedure, provides that the comt "may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena." See also Foster v. Mone, 2008 WL 5111521 (M.D. Fla. 2008) (granting motion for contempt where deponent failed to appear at deposition after being served with subpoena and failed to appear at show cause hearing); United States v. Pierre, 2007 WL 5268245 (S.D. Fla. 2007) (holding defendant in contempt and issuing a warrant for his arrest where defendant failed to appear at deposition pursuant to subpoena and failed to appear at the hearing on plaintiffs motion for order to show cause). 4. Ms. Rivera did not notify the undersigned that she would not ( or could not) attend her properly noticed deposition. Nor did Ms. Rivera contact the undersigned after February 23, 2010 to provide an excuse or explanation as to her failure to appear. 5. In her deposition taken on March 11, 2010, Plaintiff testified that she knew Cassandra Rivera had been served with a subpoena for deposition, had spoken to Cassandra Rivera, but Cassandra Rivera did not state why she did not attend her deposition. See 3/11/10 Deposition of Plaintiff at 4 73. 6. Accordingly, Epstein requests the Court enter an Order to Show Cause why Cassandra Rivera should not be held in contempt of court. A proposed Order is attached as Exhibit D. 7. The proposed Order provides that Ms. Rivera can avoid the need to appear at a show cause hearing by appearing for deposition on or before a date certain. Epstein recommends the court require her attendance at deposition on or before April I 6, 2009. 8. Epstein also requests the Court set a hearing on his Motion for Order to Show Cause in the event Ms. Rivera fails to appear for deposition on or before April 16, 2009. 2 Case 9:08-cv-80119-KAM Document 508 Entered on FLSD Docket 03/29/2010

Page 3 of 4 WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests that this Court enter an Order to Show Cause as to why Cassandra Rivera should not be held in contempt of Court and set a show cause hearing in the event Cassandra Rivera fails to purge the contempt and appear for deposition on or before April 16, 2010 and grant any additional relief the Court deems just and proper. Isl Robert D. Critton, Jr. Robert D. Critton, Jr. Michael J. Pike Attorneys for Defendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CMIECF. 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 CMIECF on this 29th day of March, 2010. Respectfully submitted, By: Isl Robert D. Critton, Jr ROBERT D. CRITTON, JR., ESQ. Florida Bar No. 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm Beach, FL 33401 5611842-2820 Phone 561/515-3148 Fax ( Counsel for Defendant Jeffrey Epstein) 3 Case 9:08-cv-80119-KAM Document 508 Entered on FLSD Docket 03/29/2010