Case 9:08-cv-80381-KAM Document 32 Entered on FLSD Docket 07/25/2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80381-CIV-MARla JANE DOE NO. 5, Plaintiff, v. JEFFREY EPSTEIN, Defendant. ORDER VACATING ENTRY OF DEFAULT THIS CAUSE comes before the Court sua sponte. On July 16, 2008, the Court issued an Order (DE 26) denying without prejudice Defendant's motion to set aside the Clerk's entry of default.' The Court reasoned 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 usualplace 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 or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other. 'The Court presumes familiarity with the contents of this Order. EFTA02741614