EFTA01126142.pdf

From: Michael 1. Pike To: kjvca rtdwrt Date: Thursday, November 19, 2009 12:09:08 P11 Attachments: Brad: Here is the revised motion. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman 303 Banyan Boulevard, Ste. 400 West Palm Beach, Florida 33401 Telephone: Facsimile PRIVILEGED AND CONFIDENTIAL COMMUNICATION The information contained in this transmission is attorney/client privileged and/or attorney work product. If you arc not the addressee or authorized by the addressee to receive this message, you shall not review, disclose, copy, distribute or otherwise use this message (including any attachments). If you have received this e-mail in arm, please immediately notify the sender by reply e-mail and destroy the message (including attachments) and all copies. Thank you. EFTA01126142 Case 9:08-cv-80893-KAM Document 118 Entered on FLSD Docket 11/19/2009 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CIV- 80893 - MARRA/JOHNSON JANE DOE, Plaintiff, v. JEFFREY EPSTEIN, Defendant. Plaintiff And Defendant's Joint Motion To Continue Trial And To Adiust Scheduling/Discovery Deadlines And Memorandum In Support Thereof Plaintiff, Jane Doe, and Defendant, Jeffrey Epstein, (hereinafter °Epstein"), by and through their undersigned attorneys, hereby moves this court for an order continuing the trial and rescheduling current discovery and scheduling deadlines and as grounds set forth, states: 1. The above-styled matter is currently scheduled for the docket beginning February 22, 2010. A copy of the scheduling order signed by this court is attached as Exhibit A hereto. 2. Mr. Edwards was associated with the Rothstein, Rosenfedit and Adler. P.A. ("RRA'). With the implosion of the firm and it being under receivership and now in bankruptcy, the principal attorney for Jane Doe, Bradley J. Edwards, has very limited access to files, internet, pleadings, correspondence, etc. Mr. Edwards is not certain of any particular schedule nor is he in a position to schedule any discovery because he has no access to calendars, pleadings, etc. EFTA01126143 Case 9:08-cv-80893-KAM Document 118 Entered on FLSD Docket 11/19/2009 Page 2 of 4 Jane Doe v. Epstein. et al. Page 2 3. Even considering the newly presented issues concerning RRA and Mr. Edwards having limited access to his files, it is clear that despite counsel's efforts in the past, discovery has proceeded slowly, depositions and IMEs have been subjected to extensive motion practice, and their remain pending discovery disputes and an outstanding Motion to Dismiss that has not yet been ruled on by the court. As such, discovery cannot be completed by the current deadline which is November 28, 2009. 4. Mr. Edwards is currently acquiring office space, equipment, telephones, etc. for the operation of a new law office. He has advised the undersigned counsel that he is attempting to do that, but as of this date, he has no files, no office, no secretary and therefore has great difficulty scheduling appointments, depositions, hearings, etc. 5. The undersigned and Mr. Edwards have conferred, and agreed to represent to this court the following modified schedule: a. Trial Date: May 2010; b. Discovery Cutoff: April 2010; c. Substantive Pretrial Motions: March 2010; d. Mediation Cutoff: March 2010; e. Date to Disclose Expert and Exchange Expert Reports: April 2010; and f. Proposed Pretrial conference: March 2010. 6. The remaining deadlines and any revisions to the above deadlines will be accounted for by the court in its new trial order. 7. As the court observed in DE 414, this Court has before it a motion to continue the scheduling deadlines in this case (DE 361), which will be moot considering the filing of the instant motion. EFTA01126144 Case 9:08-cv-80893-KAM Document 118 Entered on FLSD Docket 11/19/2009 Page 3 of 4 Jane Doe v. Epstein, et al. Page 3 WHEREFORE, the Defendant joined by the Plaintiff, Jane Doe, move this court for an order granting the continuance of the trial and adopt, g a new scheduling order. By: . CRITTO , JR., ESQ. Flori. a No. 224162 PM. ESQ. Florida Bar #617296 Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the following service list in the manner specified via transmission of Notices of Electronic Filing generated by CM/ECF on this 19th day of November, 2009: Brad Edwards, Esq. Jack Alan Goldberger, Esq. Rothstein Rosenfeldt Adler Atterbury Goldberger & Weiss, M. 401 East Las Olas Boulevard 250 Australian Avenue South Suite 1650 Suite 1400 Fort La 301 West Palm Beach, FL 33401-5012 Phone: ax ounce or am o- ounce or b e endant Jeffrey Epstein Paul G. Cassell, Esq. Pro Flac Vice 332 South 1400 E, Room 101 Salt Lake City. UT 84112 Co-counsel for Plaintiff EFTA01126145 Case 9:08-cv-80893-KAM Document 118 Entered on FLSD Docket 11/19/2009 Page 4 of 4 Jane Doe v. Epstein, et al. Page 4 Respectfully submitted, By: ROBERT D. CRITTON, JR., ESQ. MICHAEL J. PIKE, ESQ. Florida Bar #617296 LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 Fax: (Co-counsel for Defendant Jeffrey Epstein) EFTA01126146