Case 9:08-cv-80119-KAM

Case 9:08-cv-80119-KAM Document 9-2 Entered on FLSQ Docket 06/11/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. AFFIDAVIT OF JEFFREY M. HERMAN STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Jeffrey M. Herman, deposes and states as follows: 1. I am the attorney of record for Jane Doe No. 2, and have knowledge of the status and history of this case. 2. The Complaint filed in this action alleges that Defendant Epstein is a financier and money manager to billionaires, who himself is a man of tremendous wealth, power and influence. It alleges that Defendant Epstein preys on young teenage girls by inducing them to give him massages for compensation in his Palm Beach mansion, and then sexually assaulting them. 3. PlaintiffJane Doe No. 2 seeks damages for sexual assault against Defendant Epstein. This case was filed on February 6, 2008. On that day, I attended a press conference in West Palm Beach, Florida concerning the filing of this suit. Accusations relating to Mr. Epstein's sexual misconduct with underage girls has been reported extensively in the press, since 2006. The filing of Jane Doe No. 2's case received extensive press coverage, as did a prior related case filed on January EXHIBIT HERMAN S. MERMELSTEIN, P. A. A www.hermanlaw.com EFTA00222595 Case 9:08-cv-80119-KAM Document 9-2 Entered on FLSD Docket 06/11/2008 Page 2 of 5 24, 2008 making similar allegations. Jack A. Goldberger, Esq., Mr. Epstein's attorney, attended a press conference in January, 2008 on Mr. Epstein's behalf, which concerned the filing of the first civil case. 4. In March, 2008, I advised Mr. Goldberger in writing that I represent the woman who is Jane Doe No. 2. A redacted copy of this letter is attached hereto as Exhibit "A". Mr. Goldberger is attorney of record for Mr. Epstein in a criminal case pending against Mr. Epstein in Palm Beach County. I subsequently wrote to Mr. Goldberger again and asked for his consent to conducting a single deposition of Jane Doe No. 2 to be used in both criminal and civil matters. A redacted copy of this letter is attached hereto as Exhibit "B". Mr. Goldberger was also asked if he would accept service on behalf of Mr. Epstein, but he failed to respond. 5. Shortly thereafter, Plaintiff's process server made numerous attempts to serve Mr. Epstein with the Summons and Complaint at his New York residence, without success. It is my understanding that Defendant Epstein's principal residence is an approximate 45,000 square foot luxury townhouse in Manhattan. He also has an estate home in Palm Beach, an island in St. Thomas and a residence in New Mexico. I was later provided with information that Mr. Epstein was out of the country in and about April, 2008, in the State of Israel. I was further advised that he returned to the United States in late April - early May, 2008. In response to this information my firm instructed the New York process server to step up efforts to serve process on Defendant Epstein. Service was finally obtained on May 7, 2008 at Defendant Epstein's New York residence, on the fifth attempt to serve Defendant Epstein in a span of 14 days. 6. It was not until June 6, 2008, when the Clerk denied Plaintiff's Motion for Entry of Default, that I became aware that the Clerk had an issue with service of process in this action. In two HERMAN 5/ MERMELSTEIN, P. A. - 2 - www.hermanlaw.com EFTA00222596 Case 9:08-cv-80119-KAM Document 9-2 Entered on FLSD Docket 06/11/2008 Page 3 of 5 other related cases, Clerk's defaults were entered based on the same service. At every step, my firm has acted promptly and diligently to comply with the rules of the court, attempt to properly effect service, and move this case forward expeditiously. FURTHER AFFIANT SAYETH NAUGHT. Dated: June j 0 , 2008. FREY M. HERMAN BEFORE ME, personally appeared JEFFREY M. HERMAN who after being first duly sworn, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. THE FOREGOING INSTRUMENT was sworn to and subscribed before me this /0 day of APP4- , 2008. itpint. IA 1-e-14 NOTARY PUBLIC, STATE OF FLORIDA ..447%. Ronald bL Jacobs .•••etst, 11. ilcomicsoffimo767302 ,34.-eth WIRES:MAR. II, 2012 wrivaiutomNommten HERMAN & MERMELSTEIN, P. A. - 3 - www.hermanlaw.com EFTA00222597 Case 9:08-cv-80119-KAM Document 9-2 Entered on FLSD Docket 06/11/2008 Page 4 of 5 HERMAN & MERMELSTEIN PA ATTORNEYS AT LAW March 13, 2008 Via Facsimile and U.S. Mail Jack A. Goldberger, Esq. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 Re: State of Florida'. Jeffrey E. Epstein Case No.: 2006 009454AXX Dear Mr. Goldberger: Please be advised we represent intended for her to our office. Thank you for your attention to this matter. Sincerel JMH/Ir Jeffrey M. Herman Tel 305.931.2200 Fax 305.931.0877 jherman@hermanlaw.com 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 www.hermanlaw.com Please direct all communications effrey M. Herman EFTA00222598 Case 9:08-cv-80119-KAM Document 9-2 Entered on FLSD Docket 06/11/2008 Page 5 of 5 HERMAN & MERMELSTEIN PA A ITORNEYS LA:: March 20, 2008 Via Facsimile and U.S. Mail Jack A. Goldberger, Esq. 250 Australia Avenue South Suite 1400 West Palm Beach, FL 33401 Re: State of FloridackJefrey E. Epstein Case No.: 2006 009454AXX Dear Mr. Goldberger: Jeffrey M. Herman Tel 305.931.2200 Fax 305.931.0877 jhermanahermanlaw.com 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 www.hermanlaw.com As you know, we represent INIMIMIS in all matters pertaining to Jeffrey Epstein. If you plan on scheduling for deposition please contact us to schedule to a date convenient for and myself. In addition, we would like to conduct a single deposition to be used for both the criminal and the civil matters. Please let us know if you will agree to this or if we should seek court approval for same. Of course, we understand that the State Attorney's Office will need to agree to this as well, and we have not yet contacted them for approval. Sincerel effrey M. Herman JMH/1r cc: Lanna Leigh Belohlavek, Asst. State Attorney EXHIBIT 2 EFTA00222599