EFTA00212861.pdf

Case 9:09-cv-80591-KAM Document 53 Entered on FLSD Docket 06/12/2009 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 09-CI V- 80591 - KAM JANE DOE NO. 101, Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT JEFFREY EPSTEIN'S NOTICE OF WITHDRAWL OF ARGUMENTS THROUGH VII OF THE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (DE29) Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, hereby withdraws arguments I through VII as set forth in the Defendant's Motion to Dismiss the Plaintiff's First Amended Complaint (FAC) [DE 29], dated May 26, 2009. Defendant withdraws his arguments contained subparagraphs A, B, C and Sections I (The Complaint Must Be Dismissed Because Plaintiff Is Not A Minor), II (The FAC Must Be Dismissed Because The Defendant Has Not Been Convicted Of A Predicate Offense), III (Count One Of The FAC Must Be Dismissed Because It Does Not Please A Violation Of 18 U.S.C. § 2422(b)), IV (Count Two Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. §2423(b)), V (Count Three Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. § 2251, VI (Counts Four and Five Must Be Dismissed Because They Do Not Plead Violation of 18 U.S.C. §§ 2252(a)(1) Or 2252(a)(1), and VII (Count Six Must Be Dismissed Because 18 U.S.C. § 2252A(g) Was Not Enacted Until 2006). Defendant will rely only on those arguments set forth in subparagraph D, on page 3, and Paragraph VIII (Any Surviving Count Should Be Merged Into A Single Count) of the EFTA00212861 Case 9:09-cv-80591-KAM Document 53 Entered on FLSD Docket 06/12/2009 Page 2 of 2 Defendant's Motion to Dismiss the First Amended Complaint Or, In The Alternative, For A More Definite Statement [DE 29) dated May 26, 2009. Counsel for De dant EPSTEIN 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 record ' ntified on the following Service List in the manner specified by CM/ECF on thiV ay of 2009 Robert C. Josefsberg, Esq. Katherine W. Ezell, Esq. Podhurst Orseck, P.A. Counsel for Plaintiff Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. Counsel for Defendant Jeffrey Epstein Respectfully submitted By: ROBERT D. ITTON, JR., ESQ. Florida B MICHAEL J. PIKE, ESQ. Florid a BURMAN, CRITTON, arrrmR & COLEMAN (Counsel for Defendant Jeffrey Epstein) EFTA00212862