Case 9:08-cv-80381-KAM Document 116 Entered on FLSD Docket 06/09/2009 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80381-MARRA JANE DOE NO. 5 Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S UNOPPOSED FIRST MOTION TO AMEND AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN"), by and through his undersigned attorneys, moves to amend his affirmative defenses as set forth in the attached Defendant EPSTEIN's First Amended Answer & Affirmative Defenses to Plaintiffs Second Amended Complaint, attached hereto as Exhibit A. Rule 15(a), Fed.R.Civ.P. (2009); Loc. Gen. Rules 7.1, 15.1 (S.D. Fla. 2009): 1. Pursuant to Rule 15(a)(2), Fed.R.Civ.P., a party may amend his pleading "only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Plaintiff's counsel has consented in writing to Defendant's proposed amendments set forth in Exhibit A hereto. Plaintiffs written consent to the amendment is attached hereto as Exhibit B. 2. It is well settled that leave to amend is liberally granted where, as here, there is no resulting prejudice. The liberal allowance of pleading amendments is a "recognition that controversies should be decided on the merits whenever practicable." See EFTA02742355