Case 9:08-cv-80804-KAM Document 14 Entered on FLSD Docket 08/22/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80804-CIV-MARRA JANE DOE, a/k/a JANE DOE #1, Plaintiff, vs. JEFFREY EPSTEIN and Defendants. EPSTEIN'S RESPONSE TO MOTION TO PRESERVE EVIDENCE EDE 121 Defendant Jeffrey Epstein hereby responds to the plaintiff Jane Doe's motion to preserve evidence, as follows: 1. The Certificate of Compliance annexed to the plaintiff's motion states that plaintiff's "counsel conferred with counsel for [Mr. Epstein] . . . and [Epstein's] counsel advised that [Epstein] oppose[s] this motion." DE 12 at 2 (emphasis added). That certification is inaccurate. 2. On August 21, 2008, counsel for the plaintiff called Kathryn Meyers, Esq. of the Tein law firm to elicit Epstein's position on this motion. Ms. Meyers responded that she would confer with Mr. Tein and call them back. Less than thirty minutes later, however, plaintiff's counsel - - without waiting to hear back from us - - electronically filed the motion, incorrectly certifying that we had actually opposed it. 3. Upon receipt of the motion via CM/ECF, Ms. Meyers immediately notified plaintiffs counsel of their error. Plaintiff's counsel did not notify the court of the incorrect EFTA02750191