Case 9:09-cv-80591-KAM

Document 53

Entered on FLSD Docket 06/12/2009

Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 09-CIV- 80591- KAM

JANE DOE NO. 101,

V.

Plaintiff,

JEFFREY EPSTEIN,
Defendant.

DEFENDANT JEFFREY EPSTEIN'S NOTICE OF WITHDRAWL OF ARGUMENTS I THROUGH VII OF THE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (DE29)

Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, hereby withdraws arguments I through VII as set forth in the Defendant's Motion to Dismiss the Plaintiff's First Amended Complaint (FAC) [DE 29], dated May 26, 2009. Defendant withdraws his arguments contained subparagraphs A, B, C and Sections I (The Complaint Must Be Dismissed Because Plaintiff Is Not A Minor), II (The FAC Must Be Dismissed Because The Defendant Has Not Been Convicted Of A Predicate Offense), III (Count One Of The FAC Must Be Dismissed Because It Does Not Please A Violation Of 18 U.S.C. § 2422(b)), IV (Count Two Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. §2423(b)), V (Count Three Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. § 2251, VI (Counts Four and Five Must Be Dismissed Because They Do Not Plead Violation of 18 U.S.C. §§ 2252(a)(l) Or 2252(a)(l), and VII (Count Six Must Be Dismissed Because 18 U.S.C. § 2252A(g) Was Not Enacted Until 2006).

Defendant will rely only on those arguments set forth in subparagraph D, on page 3, and Paragraph VIII (Any Surviving Count Should Be Merged Into A Single Count) of the

Case 9:09-cv-80591-KAM

Document 53

Entered on FLSD Docket 06/12/2009

Page 2 of 2

Defendant's Motion to Dismiss the First Amended Complaint Or, In The Alternative, For A More Definite Statement [DE 29] dated May 26, 2009.
<signature>
Counsel 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 CM/ECF. 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 CM/ECF on this 24th day of June, 2009

| Robert C. Josefsberg, Esq.        | Jack Alan Goldberger, Esq.            |
|-|-|
| Katherine W. Ezell, Esq.          | Atterbury Goldberger & Weiss, P.A.    |
| Podhurst Orseck, P.A.             | 250 Australian Avenue South           |
| 25 West Flagler Street, Suite 800 | Suite 1400                            |
| Miami, FL 33130                   | West Palm Beach, FL 33401-5012        |
| 305 358-2800                      | 561-659-8300                          |
| Fax: 305 358-2382                 | Fax: 561-835-8691                     |
| rjosefsberg@podhurst.com          | jagesq@bellsouth.net                  |
| kezell@podhurst.com               | Counsel for Defendant Jeffrey Epstein |
| Counsel for Plaintiff             |                                       |

Respectfully submitted.
By: <signature>
ROBERT D. CRITTON, JR., ESQ.
Florida Bar No.: 224162
rcrit@bclclaw.com
MICHAEL J. PIKE, ESQ.
Florida Bar #: 617296
mpike@bclclaw.com
BURMAN, CRITTON, LUTTIER & 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)
court-records/Doe No. 101 v. Epstein, No. 909-cv-80591 (S.D. Fla. 2009)/053.pdf
{"year":"2009","court":"S.D. Fla","people":["jeffrey epstein","robert c. josefsberg","jack goldberger","katherine w. ezell","robert d. critton","michael j. pike"]}