Case 9:08-cv-80119-KAM Document 9 Entered on FLSD Docket 06)11.2008 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S MOTION FOR ORDER COMPELLING CLERK TO ENTER DEFAULT AGAINST DEFENDANT, OR ALTERNATIVELY, FOR AN ENLARGEMENT OF TIME TO SERVE PROCESS, AND INCORPORATED MEMORANDUM OF LAW Plaintiff, Jane Doe No. 2, by and through her undersigned counsel, and pursuant to Federal Rules of Civil Procedure 55(a) and 4(m), and S.D. Fla. L.R. 7.1, hereby files this Motion for Order Compelling Clerk to Enter Default Against Defendant, or Alternatively, for an Enlargement of Time to Serve Process, and Incorporated Memorandum of Law, as follows: 1. This action was filed on February 6, 2008. On May 7, 2008, Defendant Jeffrey Epstein was served with the Summons and Complaint. A copy of the Affidavit of Service was filed with the Court. (D.E. 4). 2. Pursuant to Fed.R.Civ.P. 12(a)(1), Defendant Jeffrey Epstein was required to answer or otherwise serve a response to the Complaint on or before May 27, 2008. Defendant failed to do so. 3. On May 29, 2008, Plaintiff moved for entry of a Clerk's Default against Defendant pursuant to Fed.R.Civ.P. 55(a). 4. On June 6, 2008, the Clerk denied Plaintiff's Motion for Entry of Default for HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com - 1 - EFTA00222609