Case 9:08-cv-80381-KAM Document 26 Entered on FLSD Docket 07/16/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80381-CIV-MARRia JANE DOE NO. 5, Plaintiff, v. JEFFREY EPSTEIN, Defendant. OPINION AND ORDER ON MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT THIS CAUSE comes before the Court on Defendant Jeffrey Epstein's Motion to Set Aside Clerk's Default (DE 9), filed June 13, 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 April 14, 2008, Plaintiff Jane Doe No. 5 ("Plaintiff') filed the instant action against Jeffrey Epstein ("Defendant"), alleging claims of sexual assault and intentional infliction of emotional distress. (DE 1.) Plaintiff's process server attempted to deliver a copy of the summons and complaint to Defendant personally on April 23, April 24, and May I, 2008, at his residence in New York City. (DE 4.) None of these attempts were successful. On May 7, 2008, the process server left a copy of the summons and complaint with "'John =' Assistant & House Staff Employee who refused true name." (DE 4.) The process server also mailed a copy of the summons and complaint to Defendant on May 12, 2008, via first class mail. (DE 4.) The 1 EFTA02741583