Case 9:09-cv-80591-KAM Document53 Entered on FLSD Docket 06/12/2009 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 09-CIV- 80591 - KAM JANE DOE NO. 101, Plaintiff, v. JEFFREY EPSTEIN, Defendant. / EFENDAN’ FFR P THDRAWL OF ARGUME 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), I1f (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

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Case 9:09-cv-80591-KAM Document53 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 Deféndant 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 of record identified on the following Service List in the manner specified by CM/ECF on this//day of . 2009 Robert C. Josefsberg, Esq. Jack Alan Goldberger, Esq. Katherine W. Ezell, Esq. Atterbury Goldberger & Weiss, P.A. Podhurst Orseck, P.A. Counsel for Defendant Jeffrey Epstein Counsel for Plaintiff Respectfully submitted, By: ROBERT DL Florida Bay? MICHAEL J. PIKE, ESQ. Florida Be BURMAN, CRITTON, LUTTIER & COLEMAN (Counsel for Defendant Jeffrey Epstein) EFTA00212862