Case 9:08-cv-80119-KAM Document 28 Entered on FLSD Docket 07/25:2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80119-CIV-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, 1. JEFFREY EPSTEIN, Defendant. ORDER DENYING MOTION TO COMPEL CLERK TO ENTER DEFAULT THIS CAUSE comes before the Court on Plaintiff's Motion to Compel Clerk to Enter Default Against Defendant (DE 9), filed June 11, 2008. The motion is now fully briefed and is ripe for review. The Court has carefully considered the motion and is otherwise fully advised in the premises. On July 16, 2008, the Court issued an Order to Show Cause' why default should not be entered against Defendant Jeffrey Epstein (DE 22), arguing that Defendant had let more than twenty days elapse after service of process before attempting to respond to the Complaint. As the Court explained, under New York law, personal service may be made on an individual by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address 'The Court presumes familiarity with the contents of this Order. 1 EFTA00222348