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Case 9:09-cv-80591-KAM Document 21 Entered on FLSD Docket 05/18/2009 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 09-CIV- 80591 – KAM

JANE DOE NO. 101,

Plaintiff,

v.

JEFFREY EPSTEIN,

Defendant.
_____________

DEFENDANT EPSTEIN'S UNOPPOSED MOTION TO EXCEED PAGE LIMITATION
FOR DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED
COMPLAINT OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT

Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, moves
to exceed the page limitation of 20 pages imposed by Loc. Gen. Rule 7.1. C. 2. (S.D.
Fla.), in his memorandum of law in support of his motion to dismiss directed to Plaintiff
JANE DOE No. 101's First Amended Complaint [DE 9], dated May 1, 2009. In support
of his motion, Defendant states:

1. Local Gen. Rule 7.1 C. 2. provides in part that absent prior permission of the
court, no party shall file any legal memorandum exceeding 20 pages in length.
Defendant is in the process of preparing his motion to dismiss and alternative motion for
more definite statement, and his supporting memorandum of law directed to Plaintiff's
First Amended Complaint. (Defendant's response to the First Amended Compalint is
due May 26, 2009). The legal memorandum will exceed the 20 page limitation. It is
clear based on the issues raised in Plaintiff's complaint that in excess of 20 pages is
required to fully and adequately discuss the issues raised in moving to dismiss Plaintiff's
action.

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Jane Doe II v. Epstein, et al.
Page 2

2. The issues being addressed pertain to the interpretation and application of 18
U.S.C. §2255. Some of these issues include but are not limited to constitutional law
issues and what version of 18 U.S.C.A. §2255 applies to this action, and the meaning of
§2255 with respect to the cause of action created and the presumptive minimum
damages amount imposed. (It is Defendant's position that the 2006 amended version
does NOT apply to this action; rather, it is the statute in effect during the time of the
alleged conduct that apply).

3. A length exceeding 20 pages is required so that Defendant may fully address the
issues raised in Plaintiff's First Amended Complaint and in seeking dismissal thereof.
Under the constitutional guarantees of due process, including a fair and full opportunity
to be heard, and in the interests of justice so that the Court may render a fully informed
decision on the issues, Defendant is entitled to an order granting his motion to exceed
the page limitation. (Defendant anticipates that the legal memorandum will be
approximately 30-35 pages in length.)

4. As certified below, Plaintiff's counsel agreed to the request to exceed 20 pages.

WHEREFORE, Defendant respectfully requests that this Court grant Defendant's
motion, and enter an order allowing Defendant's legal memorandum in support of
dismissal of Plaintiff's action to be in excess of 20 pages.

Rule 7.1 Certification

Pursuant to communication by telephone, Plaintiff's counsel has no objection to
the request to exceed 20 pages herein.

Counsel for Defendant EPSTEIN

Case 9:09-cv-80591-KAM Document 21 Entered on FLSD Docket 05/18/2009 Page 3 of 3
Jane Doe II v. Epstein, et al.
Page 3

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 18th day of May, 2009

Robert C. Josefsberg, Esq.
Katherine W. Ezell, Esq.
Podhurst Orseck, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130
305 358-2800
Fax: 305 358-2382
rjosefsberg@podhurst.com
kezell@podhurst.com
Counsel for Plaintiff

Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, FL 33401-5012
561-659-8300
Fax: 561-835-8691
jagesq@bellsouth.net
Counsel for Defendant Jeffrey Epstein

Respectfully submitted,

By:
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)