053.pdf

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,

Plaintiff,

v.

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)(1) Or 2252(a)(1), 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.

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 12th day of June, 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)