Case 9:08-cv-80381-KAM Document 14 Entered on FLSD Docket 06/25/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80381-CIV-MARRa JANE DOE NO. 5, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S RESPONSE TO MOTION TO SET ASIDE CLERK DEFAULT Plaintiff, Jane Doe No. 5, by and through her undersigned counsel, submits this Plaintiff's Response to Motion to Set Aside Clerk Default, as follows: Introduction Defendant Jeffrey Epstein claims that service of process on him was ineffective under Florida or Federal law, based solely on a "bare bones" affidavit that raises more questions than it answers. On this basis, Defendant seeks to set aside a clerk's default. At a minimum, the issue of whether service was effective under Florida or Federal law is at this point one of fact which should be the subject of discovery. Accordingly, Defendant's Motion should be denied, or alternatively, stayed until such time as discovery on these matters is concluded. The Affidavit Attached to the Defendant's Response to the Motion is Insufficient Service of process was effected at Jeffrey Epstein's New York residence on May 7, 2008, at 7:45 a.m. by handing a copy of the Summons and Complaint to a person in Defendant's residence who refused to identify himself. (See D.E. 4, Affidavit of Service). Defendant now attaches to his Motion as Exhibit "A" the Affidavit of Richard Barnett, who claims to have received the copies of HERMAN S. MERMELSTEIN, P. A. www.hermanlaw.com -I- EFTA02741542