Case 9:09-cv-80469-KAM

Document 37-1

Entered on FLSD Docket 06/12/2009

Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
X JANE DOE II,
Plaintiff(s),

-against-

MAY 07 2009
CASE NO. 09-08469-CIV

AFFIDAVIT OF SERVICE

JEFFREY EPSTEIN, ET ANO.,
Defendant(s).
X
STATE OF NEW YORK )
s.s :
COUNTY OF NEW YORK )

JOSEPH SANCHEZ, being duly sworn, deposes and says that he is an employee of KEATING & WALKER ATTORNEY SERVICE, INC., is over the age of eighteen years and is not a party to the action.

That on the 14th day of April, 2009, at approximately 8:43 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York l 0065. I asked the Doonnan to call the apartment of Sarah Kellen a/Ida Sarah Bonk, via the lobby phone. The Doorman claimed that Sarah Kellen a/Ida Sarah Bonk is out oftown.

That on the 20th day ofApril, 2009, at approximately 7:45 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/Ida Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doorman to call the apartment of Sarah Kellen via the lobby phone, but the Doorman claimed that Sarah Kellen is not home.

That on the 21st day of April, 2009, at approximately 9:20 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doomrnn to call the apariment of Sarah Kellen a/k/a Sarah Bonk, via the lobby phone, but the Doonnan claimed that Sarah Kellen is out oftown.

That on the 24th day of April, 2009, at approximately 8:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doomrnn to call the aparhnent of Sarah Kellen via the lobby phone but the Doomrnn claimed that Sarah Kellen is out of town.

(1)

PLAINTIFF'S EXHIBIT
Tablet:
1

Case 9:09-cv-80469-KAM

Document 37-1

Entered on FLSD Docket 06/12/2009

Page 2 of 3

That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doom1an to call the apartment of Sarah Kellen a/Ida Sarah Bonk, via the lobby phone. The Doonnan claimed that Sarah Kellen a/k/a Sarah Bonk is not home. I was unable to affix the aforementioned papers on the apmiment door of the defendant because the Doonnan would not allow me access to the building.

That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent served a true copy ofthe Summons in a Civil Action and Complaint upon Sarah Kellen a/Ida Sarah Bonk at 301 East 66th Str·eet, Apmiment 14-G-E, New York, New York 10065 by personally delivering and leaving the same with Hector "Doe", Doonnan, who is a person of suitable age and discretion, at that address, the actrral place ofresidence of the defendant.

Hector "Doe" is an olive-skinned Hispanic male, approximately 50 years of age, is approximately 5 feet and 8 inches tall, weighs approximately 130 pounds, with silver hair and dark eyes.

That on the 29th day of April, 2009, in accordance with the New York State Civil Practice Law and Rules, Section 308(4), and the Federal Rules of Civil Procedure, Rule 4(e)(l), copies of which are annexed, deponent served another copy of the foregoing upon the defendant by enclosing a hue copy thereof in a securely sealed and postpaid wrapper with the words "PERSONAL and CONFIDENTIAL" written on the same, and not indicating on the outside that it is from an attorney, or concerns a legal matter, and depositing the same into an official depository maintained by the Government ofthe United States, City and State ofNew York, addressed as follows:

Sarah Kellen a/k/a Sarah Bonk 301 East 66th Street, Apartment 14-G-E New York, New York 10065

Sworn to before me this
29th day ofApril, 2009

<signature>
MICHAEL J. KEATING
NOTARY PUBLIC, STATE OF NEW YORK
Reg. No. 01-KE-4851559
Qualified in New York County
Commission expires February 3, 2010

<signature>
JOSEPH SANCHEZ #1155200

(2)

Case 9:09-cv-80469-KAM Document 37-1 Entered on FLSD Docket 06/12/2009 Page 3 of 3

Rule 4 RULES OF CIVIL PROCEDURE

(1) A summons shall be served together with a

copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary cop- ies ofthe summons and complaint.

(2) Service may be effected by any person who is

not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pmsuant to 28 U.S.C. § 1915 or is § 1916. authorized to proceed as a seaman under 28 U.S.C.

(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive.

(1) A defendant who waives service of a sum- mons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) An individual, corporation, or association that is subject to service under subdivision (e), (f), or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defen- dant of the commencement of the action and re- quest that the defendant waive service of a sum- mons. The notice and request

(A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision (h);

(B) shall be dispatched through first-class mail or other reliable means;

(C) shall be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84, of the consequences of com- pliance and of a failure to comply with the re- quest;

(E) shall set forth the date on which the re- quest is sent;

(F) shall allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the Unit- ed States; and

(G) shall provide the defendant with an extra

copy of the notice and request, as well as a prepaid means of compliance in writing.

Ifa defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the United States, the comt shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown.

(3) A defendant that, before being served with

process, timely retmns a waiver so requested is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.

(4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required.

(5) The costs to be imposed on a defendant under

paragraph (2) for failure to complywith a request to waive service of a summons shall include the costs subsequently lincun·ed in effecting service under subdivision (er, (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.

(e) Service Upon Individuals Within a Judicial

District of the United States. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States:

(1) pursuant to the law of the state in which the district court is located, or in which service is effected, for the service of a summons upon the defendant in an action brought in the courts of general jurisdiction of the State; or

(2) by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

(f) Service Upon Individuals in a Foreign Coun- try. Unless otherwise provided by federal law, ser- vice upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:

38

(1) by any internationally agreed means reason- ably calculated to give notice, such as those means

Complete Annotation Materials, see Title 28 U.S.C.A.

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