Case 9:09 v-80469-KAM

Case 9:09 v-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE II, -against- JEFFREY EPSTEIN, ET ANO., Defendant(s). STATE OF NEW YORK ) s.s : COUNTY OF NEW YORK ) Plaintiff(s), CASE NO. 09-08469-CIV AFFIDAVIT OF SERVICE JOSEPH SANCHEZ, being duly sworn, deposes and says that he is an employee of KEATING & WALKER ATTORNEY SERVICE, INC., is over the age of eighteen years and is not a party to the action. That on the 14th day of April, 2009, at approximately 8:43 p.m., deponent attem ted to serve a true co s of the Summons in a Civil Action and aint upon ew York, New York 10065. I asked the Doorman to call the apartment o via the lobby phone. The Doorman claimed that out of town. That on the 20th day of April, 2009, at approximately 7:45 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon ew York, New York 10065. I asked the Doorman to call the apartment olIMMIEvia the lobby phone, but the Doorman claimed that is not home. That on the 21st day of April, 2009, at approximately 9:20 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon New York. New York 10065. I asked the Doorman to call the apartment o via the lobby phone, but the Doorman claimed that is out of town. That on the 24th day of April, 2009, at approximately 8:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon New York, New York 10065. I asked the Doorman to call the apartment of MINS via the lobby phone but the Doorman claimed that is out of town. IS (1) PLAINTIFF'S i EXHIBIT EFTA00222892 Case 9:09 -cv-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 2 of 3 That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon New York, York 10065. I asked the Doorman to call the apartment of via the lobby phone. The Doorman claimed that is not home. I was unable to affix the aforementioned papers on the apartment door of the defendant because the Doorman would not allow me access to the building. That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent served a true of the um upon New York, New York 10065 by personally delivering and leaving the same with who is a person of suitable age and discretion, at that address, the actual place of residence of the defendant. s an olive-skinned Hispanic male, approximately 50 years of age, is approximately 5 feet and 8 inches tall, weighs approximately 130 pounds, with silver hair and dark eyes. That on the 29th day of April, 2009, in accordance with the New York State Civil Practice Law and Rules, Section 308(4), and the Federal Rules of Civil Procedure, Rule 4(e)(1), copies of which are annexed, deponent served another copy of the foregoing upon the defendant by enclosing a true copy thereof in a securely sealed and postpaid wrapper with the words "PERSONAL and CONFIDENTIAL" written on the same, and not indicating on the outside that it is from an attorney, or concerns a legal matter, and depositing the same into an official depository maintained by the Government of the United States, City and State of New York, addressed as follows: New York, New York 10065 Sworn to before me this 29th day of April, 2009 W YORK in New Commission expires s 010 (2) e/EPH SANCHEZ EFTA00222893 Case 9:09-cv-80469-KAM Document 37-2 Entered on FLSD Docket 06/12/2009 Page 3 of 3 Rule 4 RULES OF CIVIL PROCEDURE (1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary cop- ies of the summons and complaint (2) Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or is authorized to proceed as a seaman under 28 U.S.C. § 1916. (d) Waiver of Service; Duty to Save Costs of Service; Request to Waive. (1) A defendant who waives service of a sum- mons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant. 2 (2) An individual, corporation, or association that t is subject to service under subdivision (e), (1), or 00 and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defen- dant of the commencement of the action and re- quest that the defendant waive service of a sum- mons. The notice and request (A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision (h); (B) shall be dispatched through first-class mail or other reliable means; (C) shall be accompanied by a copy of the complaint and shall identify the court in which it has been filed; (D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84, of the consequences of com- pliance and of a failure to comply with the re- quest; (E) shall set forth the date on which the re- quest is sent; (F) shall allow the defendant a reasonable time to return the waiver, which tll be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the Unit- ed States; and (G) shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing. If a defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the United States, the court shall impose the costa subsequently incurred in effecting service on the defendant unless good cause for the failure be shown. (3) A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States. (4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required. (5) The costa to be imposed on a defendant under paragraph (2) for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under subdivision (e r', (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service. (0 Service Upon Individuals Within a Judicial District of the United States. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in any judicial district of the United States: (1) pursuant to the law of the state in which the district court is located, or in which service is effected, for the service of a summons upon the defendant in an action brought in the courts of general jurisdiction of the State; or (2) by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (1) Service Upon Individuals in a Foreign Coun- try. Unless otherwise provided by federal law, ser- vice upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States: (1) by any internationally agreed means reason- ably calculated to give notice, such as those means Complete Annotation Materials, an Title 28 U.S.C.A. 38 EFTA00222894