Case 9:08-cv-80381-KAM Document 10 Entered on FLSD Docket 06/19/2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80381-MARRA-JOHNSON JANE DOE NO. 5, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / DEFENDANT'S RESPONSE IN OPPOSITION TO MOTION FOR DEFAULT JUDGMENT (DE #7 In accordance with Local Rule 7.1(C), Defendant Jeffrey Epstein submits the following response in opposition to Plaintiff's Motion (DE #7) for Judgment Upon Default, and respectfully states as follows: 1. Jeffrey Epstein has filed a motion (DE #9) to set aside the clerk's default (DE #6) that would serve as the basis of a default judgment (DE #7-2). 2. For the reasons detailed in that motion (DE #9 at 3), the clerk's default was entered prematurely because substituted service was effected on June 2, not May 7. Thus, in accordance with Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Mr. Epstein has until June 23 to respond to the complaint. 3. Apart from the prematureness of the plaintiffs motion, "[t]he law does not favor defaults, and any doubts as to whether a party is in default should be EFTA02741524