Court Records
Case 9:08-cv-80232-KAM Document 132 Entered on FLSD Docket 11/16/2009 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CIV-80119-MARRA/M=
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
REPLY TO ROTHSTEIN ROSENFELDT ADLER'S P.A.'S
RESPONSE TO DEFENDANT'S EMERGENCY MOTION FOR ORDER
FOR THE PRESERVATION OF EVIDENCE IDE 4051
SAS TO JANE DOE v. EPSTEIN CASE NO.: 08-CIV- 80893)
Defendant, Jeffrey Epstein ("Epstein"), by and through his undersigned attorneys,
hereby files his Reply to Rothstein Rosenfeldt Adler P.A.'s ("RRA") Response to
Defendant's Emergency Motion for Order for the Preservation of Evidence [DE 405],
and states:
1. It now appears that the Honorable Herbert Stettin ("Mr. Stettin") is the
sole individual, as the Chief Restructuring Officer, in charge of RRA assets, including
electronic and paper records. There also appears to be no objection to the entry of the
preservation order consistent with his fiduciary/trustee duties for RRA, although certain
documents may no longer exist within his possession.
2. Par. 4 of the response reflects that some 40 plus boxes of documents were
obtained by the Department of Justice from search warrants served on the offices of
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Case 9:08-cv-80232-KAM Document 132 Entered on FLSD Docket 11/16/2009 Page 2 of 5
RRA; "it is believed that the Department of Justice also sequestered about (13) boxes of
documents related to this [Epstein] case." In fact there are three Epstein cases which
have been brought by the RRA firm, one being in federal court, two in state court. Mr.
Stettin confirms Defendant's belief that there are serious ethical and potentially criminal
issues that may impact Plaintiffs' ability to pursue their cases.
3. Unfortunately, time is critical with regard to this case in that there are
deadlines to Disclose Experts and Exchange Reports by October 29, 2009 (but Plaintiff
has not seen her expert, has no report and only made herself available for the Defendant's
exam on November 13, 2009), deposition discovery deadline is November 28, 2009 and
a calendar call of February 19, 2010 for the February 22, 2010 trial docket. While the
undersigned understands that Mr. Stettin may be working expeditiously to deal with
critical and pressing needs of stabilizing the firm, a delay of 45 days for his deposition
(which has been set in the state court case in the 15th Judicial Circuit Court, Palm Beach
County, State of Florida, L.M. v. Epstein, Case No. 502008CA028051XXXXMB AB,
not the case subludice) will place his deposition sometime during the first 15 days of
January, after every pre-trial deadline has expired.
4. If in fact there has been inappropriate and/or illegal conduct associated
with the prosecution of this case by RRA or any of its attorneys or by the Plaintff herself,
which might result in sanctions, dismissal or other remedy, Defendant Epstein will be
severely prejudiced.
WHEREFORE, Defendant Epstein request that the court's preservation order be
made permanent, which does not seem inconsistent with Mr. Stettin's position as
expressed by his lawyers but deny the relief sought for delaying the deposition unless the
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Case 9:08-cv-80232-KAM Document 132 Entered on FLSD Docket 11/16/2009 Page 3 of 5
court is disposed to modify the current scheduling deadlines and trial date that exist in
this case.
By:
Robert D. ritton, Jr. .
Florida tar #224162
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 recordidentified on the following Service List in
the manner specified by CM/ECF on this /t1r day of November, 2009
Respectfully subni ed,
By:
ROBERT D RITTON, JR., ESQ.
Florida Bar No. 224162
[Email Redacted]
MICHAEL J. PIKE, ESQ.
Florida Bar #617296
[Email Redacted]
BURMAN, CRITTON, LUTHER &
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. Brad , Esq.
Adam D. Horowitz, Esq. Rothstein Rosenfeldt Adler
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Case 9:08-cv-80232-KAM Document 132 Entered on FLSD Docket 11/16/2009 Page 4 of 5
Mermelstein & Horowitz, P.A.
18205 Biscayne Boulevard
Suite 2218
Miami, FL 33160
[Phone Redacted]
Fax: [Phone Redacted]
ssmasexabuseattornev.com
[Email Redacted]
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
[Phone Redacted]
Fax: [Phone Redacted]
Counsel for Plaintiff in Related Case No.
08-80811
reelrhwaotmail.com
Jack Scarola, Esq.
Jack P. S Esq.
Searcy Denney Scarola Barnhart & Shipley,
P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
[Phone Redacted]
Fax: [Phone Redacted]
[Email Redacted]
iatifasearcvlaw.com
Counsel for Plaintiff C.M.A.
Bruce Reinhart, Esq.
Bruce E. Reinhart, P.A.
250 S. Australian Avenue
Suite 1400
West Palm Beach, FL 33401
[Phone Redacted]
Fax: [Phone Redacted]
[Email Redacted]
401 East Las Olas Boulevard
Suite 1650
Fort Lauderdale, FL 33301
Phone: [Phone Redacted]
Fax: [Phone Redacted]
bedwardsQrra-law.com
Counsel for Plaintiff in Related Case No.
08-80893
Paul G. Cassell, Esq.
Pro Hac Vice
332 South 1400 E, Room 101
Salt Lake City, UT 84112
[Phone Redacted]
[Phone Redacted] Fax
cassellpQlaw.utah.edu
Co-counsel for Plainti Vane Doe
Isidro M. MN Esq.
Law Firm, P.A.
224 Datura Street, Suite 900
West Palm Beach, FL 33401
[Phone Redacted]
[Phone Redacted] F
isidrogarciaQbellsouth.net
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
Miami, FL 33130
[Phone Redacted]
Fax: [Phone Redacted]
[Email Redacted]
kezellepodhurst.com
Counsel for Plaintiffs in Related Cases
Nos. 09-80591 and 09-80656
Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, FL 33401-5012
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Case 9:08-cv-80232-KAM Document 132 Entered on FLSD Docket 11/16/2009 Page 5 of 5
Counsel for Defendant
Theodore J. Leopold, Esq.
Spencer T. Kuvin, Esq.
Leopold, Kuvin, P.A.
2925 PGA Blvd., Suite 200
Palm Beach Gardens, FL 33410
[Phone Redacted]
Fax: [Phone Redacted]
Counsel for Plaintiff in Related Case No.
08-08804
[Phone Redacted]
Fax: [Phone Redacted]
inesoabellsouth.net
Counsel for Defendant Jeffrey Epstein
Charles H. Lichtman, Esq.
Isaac Marcushamer, Esq.
Berger Singerman, P.A.
350 East Broward Boulevard, 10th Floor
[Phone Redacted]
[Phone Redacted] Fax
clichtmanabergersingennan.com
imarcushamerebergersingerman.com
Proposed Attorneys for Alleged Debtor
EFTA02740218