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Case 9:09-cv-80469-KAM Document 48 Entered on FLSD Docket 07/21/2009 Page 1 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 09-cv-80469-Marra/Johnson
JANE DOE II,
Plaintiff,
vs.
JEFFREY EPSTEIN,
and SARAH KELLEN,
Defendants.
______________________/
SARAH KELLEN’S REPLY TO PLAINTIFF’S RESPONSE IN OPPOSITION TO
KELLEN’S MOTION TO SET ASIDE DEFAULT
Defendant SARAH KELLEN, by and through undersigned counsel, and pursuant to the
Federal Rules of Civil Procedure and Local Rule 7.1, replies to Plaintiff’s Memorandum Of Law In
Opposition to Defendant Kellen’s Motion To Set Aside Default (DE 47) and states as follows:
Ms. Kellen asks the Court to set aside default in this case because service of process was
legally deficient under New York law, and, the entry of default was premature. Moreover, Ms.
Kellen asks the Court to set aside the default because she has a meritorious defense to the instant
action which might affect the outcome, granting her motion to set aside the default would not result
in prejudice to the non-defaulting party, and default in this action was not willful.
Service of Process Was Legally Deficient Under New York Law
It is undisputed by the parties that the purported service of process on Ms. Kellen in this
action is pursuant to Federal Rule of Procedure 4(e)(1) which allows service “pursuant to the law
of the state . . . in which effected.” In this case, Plaintiff claims to have served Ms. Kellen in New
York under section 308(4) of the New York Civil Practice Law and Rules (“CPLR”), which is
1
Case 9:09-cv-80469-KAM Document 48 Entered on FLSD Docket 07/21/2009 Page 2 of 7
colloquially known as “nail and mail service.” This type of service is
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