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Case 9:08-cv-80804-KAM Document 14 Entered on FLSD Docket 08/22/2008 Page 1 of 4




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                          CASE NO.: 08-80804-CIV-MARRA/JOHNSON

  JANE DOE, a/k/a
  JANE DOE #1,

         Plaintiff,

  vs.

  JEFFREY EPSTEIN, HALEY ROBSON,
  and SARAH KELLEN,

        Defendants.
  _________________________________/

                                EPSTEIN’S RESPONSE TO
                          MOTION TO PRESERVE EVIDENCE [DE 12]

         Defendant Jeffrey Epstein hereby responds to the plaintiff Jane Doe’s motion to preserve

  evidence, as follows:

         1.      The Certificate of Compliance annexed to the plaintiff’s motion states that

  plaintiff’s “counsel conferred with counsel for [Mr. Epstein] . . . and [Epstein’s] counsel advised

  that [Epstein] oppose[s] this motion.” DE 12 at 2 (emphasis added). That certification is

  inaccurate.

         2.      On August 21, 2008, counsel for the plaintiff called Kathryn Meyers, Esq. of the

  Lewis Tein law firm to elicit Epstein’s position on this motion. Ms. Meyers responded that she

  would confer with Mr. Tein and call them back. Less than thirty minutes later, however,

  plaintiff’s counsel - - without waiting to hear back from us - - electronically filed the motion,

  incorrectly certifying that we had actually opposed it.

         3.      Upon receipt of the motion via CM/ECF, Ms. Meyers immediately notified

  plaintiff’s counsel of their error. Plaintiff’s counsel did not notify the court of the incorrect
Case 9:08-cv-80804-KAM Document 14 Entered on FLSD Docket 08/22/2008 Page 2 of 4




  certification, leaving the Court with the impression that Epstein opposed the motion and perhaps

  prompting the Court to order an expedited response.

         4.        In fact, Epstein has no opposition to the relief requested.

         5.        It is worth noting that the motio

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