EFTA00175717.pdf

CM/ECF - Live Database - flsd Page 1 of 15 LRJ U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80232-KAM Doe No. 3 v. Epstein Assigned to: Judge Kenneth A. Marra Lead case: 2:flasaAhd Member case: (View Member Case) Case: 9:09-cv-80802-KAM Cause: 28:1332 Diversity-Personal Injury Plaintiff Jane Doe No. 3 Date Filed: 03/05/2008 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity represented by Adam D. Horowitz Mermelstein & Horowitz PA 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Marc Herman I lennan & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Fax: 931-0877 Email: jherman@hermanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart S. Mermelstein Mermelstein & Horowitz PA 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Fax: 931-0877 Email: LEAD ATTORNEY https://ect flsd.uscourts.gov/cgi-bin/DktRpt.p17522982239968766-L_801_0-1 6/9/2009 EFTA00175717 CM/ECF - Live Database - flsd Page 2 of 15 ATTORNEY TO BE NOTICED Defendant Jeffrey Epstein Amicua United States of America represented by Michael James Pike Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 West Palm Beach , FL 33401-2918 Fax: 515-3148 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Deweese Critton , Jr. Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 s P Im Beach , FL 33401-2918 Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach , FL 33401-5012 Email: ATTORNEY TO BE NOTICED Michael Ross Tein Lewis Tein 3059 Grand Avenue Suite 340 ve , FL,33133 represented by II C. Unite States Attorney's Office https://ecfflsd.uscourts.gov/cgi-bin/DktRpt.pl?522982239968766-L_801_0-1 6/9/2009 EFTA00175718 CM/ECF - Live Database - flsd Page 3 of 15 500 East Broward Blvd 7th Floor Ft Lauderdale , FL 33394 ext. 3546 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 03/05/2008 1 COMPLAINT against Jeffrey Epstein. Filing fee $350. Receipt No. 542467, filed by Jane Doe No. 3.(caw) (Entered: 03/05/2008) 03/05/2008 2 Summons Issued as to Jeffrey Epstein. (caw) (Entered: 03/05/2008) 03/11/2008 3 ORDER requiring counsel to confer, file joint scheduling report and file joint discovery report;Signed by Judge Kenneth A. Marra on 03/11/2008.(bs) (Entered: 03/11/2008) 05/22/2008 4 AFFIDAVIT of Service for Summons and Complaint served on Jeffrey Epstein on May 7, 2008, filed by Jane Doe No. 3. (Herman, Jeffrey) (Entered: 05/22/2008) 05/29/2008 5 Plaintiffs MOTION for Entry of Default by Clerk Against Defendant by Jane Doe No. 3. (Attachments: # 1 Exhibit A and B, # 2 Text of Proposed Order Default Order)(Horowitz, Adam) (Entered: 05/29/2008) 06/13/2008 6 NOTICE of Attorney Appearance by Jack Alan Goldberger on behalf of Jeffrey Epstein (Goldberger, Jack) (Entered: 06/13/2008) 06/13/2008 7 RESPONSE to Motion re 5 Plaintiffs MOTION for Entry of Default by Clerk Against Defendant Jane Doe No. 3 filed by Jeffrey Epstein. Replies due by 6/23/2008. (Attachments: # I Affidavit of Richard Bamett)(Goldberger, Jack) (Entered: 06/13/2008) 06/20/2008 a Defendant's MOTION to Stay by Jeffrey Epstein. Responses due by 7/10/2008 (Goldberger, Jack) (Entered: 06/20/2008) 06/20/2008 9 Defendant's MOTION for Extension of Time to File Answer Or Otherwise Respond To Complaint by Jeffrey Epstein. (Goldberger, Jack) (Entered: 06/20/2008) 06/24/2008 IQ MEMORANDUM in Support re 5 Plaintiffs MOTION for Entry of Default by Clerk Against Defendant filed by Jane Doe No. 3. (Herman, Jeffrey) (Entered: 06/24/2008) 07/01/2008 11 NOTICE by Jeffrey Epstein Concerning Motion To Stay [DE 8.1 (Attachments: # 1 Exhibit "A" Final Disposition SheetsXGoldberger, Jack) (Entered: 07/01/2008) 07/08/2008 12 NOTICE of Attorney Appearance by Michael Ross Tein on behalf of Jeffrey https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?522982239968766-L_801_0-1 6/9/2009 EFTA00175719 CM/ECF - Live Database - flsd Page 4 of 15 Epstein (rein, Michael) (Entered: 07/08/2008) 07/10/2008 13 Plaintiffs MOTION for Extension of Time to File Response as to a Defendant's MOTION to Stay by Jane Doe No. 3. (Attachments: # I Text of Proposed OrderXHorowitz, Adam) (Entered: 07/10/2008) 07/10/2008 14 Sealed Document. (yc) UNSEALED see DE .111. Modified on 7/17/2008 (bs). (Entered: 07/10/2008) 07/10/2008 15 Sealed Document. (yc) UNSEALED see DE 19 . Modified on 7/17/2008 (bs). (Entered: 07/10/2008) 07/10/2008 18 UNSEALED MOTION to Seal by Jeffrey Epstein. (previously filed as 14 sealed document) (bs) (Entered: 07/17/2008) 07/10/2008 19 UNSEALED Notice of Continued Pendency of Federal Criminal Action by Jeffrey Epstein (previously filed as 15 sealed document) (bs) (Entered: 07/17/2008) 07/16/2008 A ORDER denying motion to file Ex Parte and Under Seal. The clerk shall unseal DE 14 and 15 and make them available for public inspection through CM/ECF at the earliest possible time. Signed by Judge Kenneth A. Marra on 7/16/08. (ir) (Additional attachments) added on 7/17/2008: # 1 docket sheet) (bs). (Entered: 07/16/2008) 07/16/2008 17 ORDER TO SHOW CAUSE why default should not be entered against Defendant. Show Cause Response due by 7/28/2008. Signed by Judge Kenneth A. Marra on 7/16/08. (ir) (Entered: 07/16/2008) 07/18/2008 20 RESPONSE to Motion re a Defendant's MOTION to Stay and Memorandum of Law filed by Jane Doe No. 3. Replies due by 7/28/2008. (Attachments: # 1 Exhibit A)(Herman, Jeffrey) (Entered: 07/18/2008) 07/21/2008 21 AFFIDAVIT signed by : Jeffrey M. Herman. re U Order to Show Cause and Service of Process by Jane Doe No. 3. (Herman, Jeffrey) (Entered: 07/21/2008) 07/25/2008 22 MOTION for Hearing Defendant's Request for Oral Argument by Jeffrey Epstein. (Tein, Michael) (Entered: 07/25/2008) 07/25/2008 21 ORDER denying I Motion for Entry of Default. The defendant is relieved of responsibility from responding to the Court's Order to Show Cause issued on 7/16/08 DE17 . Signed by Judge Kenneth A. Marra on 7/25/08. (ir) (Entered: 07/25/2008) 07/28/2008 24 UNSEALED Sealed Document. (tas) Modified on 8/12/2008 (gp) **For Image please see DE # 32 " . (Entered: 07/28/2008) 07/28/2008 25 UNSEALED Sealed Document. (tas) -Modified on 8/12/2008 (gp) **For Image please see DE # 33 ** . (Entered: 07/28/2008) 07/28/2008 32 MOTION to File Under Seal by Jeffrey Epstein. {Originally DE # 24 } (gp) (Entered: 08/12/2008) 07/28/2008 33 REPLY to Response to Motion re a Defendant's MOTION to Stay filed by https://ectflsd.uscourts.gov/cgi-bin/DktRpt.p1.7522982239968766-L_801_0-1 6/9/2009 EFTA00175720 CM/ECF - Live Database - flsd Page 5 of 15 Jeffrey Epstein. {Originally DE # 25 } (gp) (Entered: 08/12/2008) 07/29/2008 26 NOTICE by Jeffrey Epstein Defendant's Notice of Filing Exhibits (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tein, Michael) (Entered: 07/29/2008) 07/30/2008 22 NOTICE by Jeffrey Epstein Waiver of Service (Tein, Michael) (Entered: 07/30/2008) 08/05/2008 28 ORDER DENYING MOTION TO SEAL.The Clerk shall unseal DE 24 Sealed Document, 25 Sealed Document and make them available for public inspection through CM/ECF. Signed by Judge Kenneth A. Marra on 8/4/08. (ir) (Entered: 08/05/2008) 08/05/2008 22 ORDER denying a Motion to Stay; granting nunc pro tune la Motion for Extension of Time to Respond ; denying as moot 22 Motion for Hearing. Signed by Judge Kenneth A. Marra on 8/4/08. (ir) (Entered: 08/05/2008) 08/06/2008 3.0 Joint MOTION to Approve Stipulation for Acceptance of Service of Process and Agreed Date for Defendant's Responses to Complaints by Jane Doe No. 3. (Attachments: # 1 Stipulation, # 2 Text of Proposed Order Granting Stipulation)(Herman, Jeffrey) (Entered: 08/06/2008) 08/07/2008 31 ENDORSED ORDER granting aQ Motion to approve stipulation for acceptance of service of process and agreed date for defendant's responses to complaints. Signed by Judge Kenneth A. Marra on 8/6/08. (ir) (Entered: 08/07/2008) 08/07/2008 Reset Answer Due Deadline: Jeffrey Epstein response due 9/4/2008. (ir) (Entered: 08/07/2008) 08/27/2008 34 NOTICE by Jeffrey Epstein Notice of Appearance (Pike, Michael) (Entered: 08/27/2008) 08/29/2008 Clerks Notice of Instruction to Filer re 3A Notice (Other) filed by Jeffrey Epstein. Error - Wrong Event Selected; Instruction to Filer - In the future, please select the proper event, notice of attorney appearance located under notices. It is not necessary to refile this document. (tb) (Entered: 08/29/2008) 09/04/2008 35 Defendant's MOTION to Dismiss 1 Complaint by Jeffrey Epstein. Responses due by 9/22/2008 (rein, Michael) (Entered: 09/04/2008) 09/22/2008 36 MEMORANDUM in Opposition re 35 Defendant's MOTION to Dismiss 1 Complaint filed by Jane Doe No. 3. (Herman, Jeffrey) (Entered: 09/22/2008) 09/22/2008 37 AMENDED COMPLAINT, filed by Jane Doe No. 3.(Herman, Jeffrey) (Entered: 09/22/2008) 09/23/2008 a ORDER denying as moot 31 Motion to Dismiss; denying as moot 9 Motion for Extension of Time to Respond to Complaint. Signed by Judge Kenneth A. Marra on 9/23/08. (ir) (Entered: 09/23/2008) 09/25/2008 39 SCHEDULING REPORT- Rule 26(O. (Herman, Jeffrey) (Entered: 09/25/2008) https://ecf.flsd.uscourts.gov/cgi-bin/DIctRpt.pl?522982239968766-L_801_0-1 6/9/2009 EFTA00175721 CM/ECF - Live Database - flsd • ( Page 6 of 15 09/30/2008 4.Q SCHEDULING ORDER: Jury Trial set for 1/25/2010 09:00 AM in West Palm Beach Division before Judge Kenneth A. Marra. Calendar Call set for 1/22/2010 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Amended Pleadings due by 12/1/2008. Discovery due by 8/3/2009. Motions due by 8/31/2009. ORDER REFERRING CASE to Magistrate Judge Linnea R. Johnson for Discovery Proceedings, ORDER REFERRING CASE to Mediation. 15 days to appoint mediator. Signed by Judge Kenneth A. Marra on 9/29/08. (ir) (Entered: 09/30/2008) 10/06/2008 41 Defendant's MOTION to Dismiss 3.7 Amended Complaint and for More Definite Statement by Jeffrey Epstein. Responses due by 10/24/2008 (Critton, Robert) (Entered: 10/06/2008) 10 `06%2008 42 MOTION for More Definite Statement directed to amended complaint by Jeffrey Epstein. See image DE 41(1k) (Entered: 10/07/2008) I 0 07 2008 Clerks Notice of Docket Correction and Instruction to Filer re 41 Defendant's MOTION to Dismiss 32 Amended Complaint and for More Definite Statement filed by Jeffrey Epstein. Error - Motion with Multiple Reliefs Filed as One Relief; Correction - Additional relief(s) 42 docketed by Clerk. Instructions to filer - In the future, please select all applicable reliefs. It is not necessary to refile this document. (1k) (Entered: 10/07/2008) 10.24 2008 41 Unopposed MOTION for Extension of Time to File Response as to 41 Defendant's MOTION to Dismiss 32 Amended Complaint and for More Definite Statement by Jane Doe No. 3. (Attachments: # .1_ Text of Proposed Order)(Herman, Jeffrey) (Entered: 10/24/2008) 10 2 7 2008 44 ORDER granting (47 in 9:08-cv-80119-KAM) Unopposed MOTION for Extension of Time to File Response as to (46) Defendant's MOTION to Dismiss (42) Amended Complaint and for More Definite Statement ( Responses due by 10/31/2008) in case 9:08-cv-80119-KAM; granting (43) Motion for Extension of Time to Respond re (47 in 9:08-ov-80119-KAM) Unopposed MOTION for Extension of Time to File Response as to (46) Defendant's MOTION to Dismiss (42) Amended Complaint and for More Definite Statement in case 9:08-cv-80232-KAM; granting (55) Motion for Extension of Time to Respond re (47 in 9:08-cv-80119-1CAM) Unopposed MOTION for Extension of Time to File Response as to (46) Defendant's MOTION to Dismiss (42) Amended Complaint and for More Definite Statement in case 9:08-cv-80380-KAM; granting (53) Motion for Extension of Time to Respond re (47 in 9:08-cv-80119-ICAM) Unopposed MOTION for Extension of Time to File Response as to (46) Defendant's MOTION to Dismiss (42) Amended Complaint and for More Definite Statement in case 9:08-cv-80381-KAM in case 9:08-cv-80119-KAM. Signed by Judge Kenneth A. Marra on 10/24/2008. (ir) (Entered: 10/27/2008) 10/28/2008 Reset Deadlines as to Defendant's MOTION to Dismiss (49) Amended Complaint and for More Definite Statement. Responses due by 10/31/2008. (ir) (Entered: 10/28/2008) 10/31/2008 45 MEMORANDUM in Opposition re 41 Defendant's MOTION to Dismiss 37 Amended Complaint and for More Definite Statement filed by Jane Doe No. https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p1”22982239968766-L_801_0-1 6/9/2009 EFTA00175722 CM/ECF - Live Database - flsd Page 7 of 15 3. (Attachments: # 1 Exhibit A)(Herman, Jeffrey) (Entered: 10/31/2008) 11/10/2008 46 RESPONSE/REPLY to 4. Memorandum in Opposition to Defendant's Motion to Dismiss filed by Jeffrey Epstein. (Critton, Robert) (Entered: 11/10/2008) 12/30/2008 42 NOTICE by Jeffrey Epstein of Withdrawal as Co-Counsel (Tein, Michael) (Entered: 12/30/2008) 02/12/2009 41 ORDER AND OPINION granting in part and denying in part 41 Motion to Dismiss; denying 42 Motion for More Definite Statement. Signed by Judge Kenneth A. Marra on 2/12/2009. (ir) Modified on 2/12/2009 to reflect correct signature date (bb). (Entered: 02/12/2009) 02/23/2009 42 NOTICE by Jane Doe No. 3 of Change of Name ofPlaints Counsel (Horowitz, Adam) (Entered: 02/23/2009) 02/27/2009 50 AMENDED COMPLAINT (Second), filed by Jane Doe No. 3.(Horowitz, Adam) (Entered: 02/27/2009) 03/02/2w) 51 Plaintiffs MOTION to Compel Answers to Interrogatories and Production of Documents and Incorporated Memorandum of Law In Support by Jane Doe No. 3. Responses due by 3/19/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Horowitz, Adam) (Entered: 03/02/2009) 03/04/2009 52 Defendant's MOTION for Extension of Time to File Response as to 50 Amended Complaint with proposed Order by Jeffrey Epstein. (Critton, Robert) (Entered: 03/04/2009) 03/05/2009 53 ENDORSED ORDER granting 52 Motion for Extension of Time to Answer Complaint. Jeffrey Epstein response due 4/3/2009. Signed by Judge Kenneth A. Marra on 3/5/2009. (ir) (Entered: 03/05/2009) 03/06/2009 54 Defendant's MOTION for Extension of Time to File Response as to 51 Plaintiffs MOTION to Compel Answers to Interrogatories and Production of Documents and Incorporated Memorandum of Law In Support with proposed Order by Jeffrey Epstein. (Critton, Robert) (Entered: 03/06/2009) 03/18/2009 55 Defendant's MOTION for Leave to File Excess Pages with proposed Order by Jeffrey Epstein. (Critton, Robert) (Entered: 03/18/2009) 03/25/2009 5_6 RESPONSE to Motion re 51 Plaintiffs MOTION to Compel Answers to Interrogatories and Production of Documents and Incorporated Memorandum of Law In Support filed by Jeffrey Epstein. Replies due by 4/6/2009. (Attachments: # 1 Affidavit A, # 2 Exhibit B, # a Exhibit CXCritton, Robert) (Entered: 03/25/2009) 03/25/2009 51 Defendant's MOTION to Stay re IQ Amended Complaint by Jeffrey Epstein. Responses due by 4/13/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 2 Exhibit C)(Pikc, Michael) (Entered: 03/25/2009) 03/26/2009 58 MOTION for Protective Order Against Piecemeal Depositions of Jane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support by Jane Doe No. 3. (Attachments: # 1 Exhibit A, # 2 Exhibit BXMermelstein, Stuart) (Entered: https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17522982239968766-L_801_0-1 6/9/2009 EFTA00175723 CM/ECF - Live Database - flsd • Page 8 of 15 03/26/2009) 04/02/2009 59 Defendant's MOTION to Compel Response to 1st RTP by Jeffrey Epstein. Responses due by 4/20/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # a Exhibit C)(Critton, Robert) (Entered: 04/02/2009) 04/02/2009 61) Defendant's MOTION to Compel Answers to 1st Interrogs by Jeffrey Epstein. Responses due by 4/20/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # a Exhibit CXCritton, Robert) (Entered: 04/02/2009) 04/02/2009 61 Defendant's ANSWER and Affirmative Defenses to Amended Complaint (Second) by Jeffrey Epstein.(Critton, Robert) (Entered: 04/02/2009) 04/03/2009 62 Unopposed MOTION for Extension of Time to File Reply as to 56 Response to Motion, to Compel Answers to Interrogatories and Production of Documents by Jane Doe No. 3. (Attachments: # 1 Text of Proposed Order) (Mermelstein, Stuart) (Entered: 04/03/2009) 04/06/2009 61 Defendant's MOTION for Extension of Time to File Response as to $1 MOTION for Protective Order Against Piecemeal Depositions ofJane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support by Jeffrey Epstein. (Pike, Michael) (Entered: 04/06/2009) 04/07/2009 64 ENDORSED ORDER granting 61 Motion for Extension of Time to Respond re 51 MOTION for Protective Order Against Piecemeal Depositions ofJane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support. Responses due by 4/13/2009. Signed by Judge Kenneth A. Marra on 4/7/2009. (ir) (Entered: 04/07/2009) 04/10/2009 65 Defendant's MOTION for Extension of Time to File Response as to 64 Order on Motion for Extension of Time to File Response/Reply/Answer, 51 MOTION for Protective Order Against Piecemeal Depositions of Jane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support (Amended) by Jeffrey Epstein. (Pike, Michael) (Entered: 04/10/2009) 04/13/2009 66 ENDORSED ORDER granting (73) Motion for Extension of Time to Respond re (66 in 9:08-cv-80119-1CAM) MOTION for Protective Order and to Quash Subpoena for Deposition ofJane Doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support in case 9:08-cv-80119-ICAM; granting (65) Motion for Extension of Time to Respond re (66 in 9:08-cv-80119-ICAM) MOTION for Protective Order and to Quash Subpoena for Deposition of Jane Doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law In Support in case 9:08-cv-80232-KAM; granting (80) Motion for Extension of Time to Respond re (66 in 9:08-cv-80119-KAM) MOTION for Protective Order and to Quash Subpoena for Deposition ofJane Doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support in case 9:08-cv-80380-ICAM; granting (31) Motion for Extension of Time to Respond re (66 in 9:08-cv-80119-KAM) MOTION for Protective Order and to Quash Subpoena for Deposition ofJane Doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and https://ecf.flsd.uscourts.gov/cgi-bin/Dkapt.0/522982239968766-L_801_0-1 6/9/2009 EFTA00175724 CM/ECF - Live Database - flsd Page 9 of 15 Incorporated Memorandum of Law in Support in case 9:08-cv-80993-KAM in case 9:08-cv-80119-KAM. Responses due by 4/16/2009. Signed by Judge Kenneth A. Marra on 4/13/2009. (ir) (Entered: 04/13/2009) 04/13/2009 fa Unopposed MOTION for Extension of Time to File Response/Memorandum in Opposition to Motion to Stay and/or Continue Action by Jane Doe No. 3. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Stuart) (Entered: 04/13/2009) 04/14/2009 68 ENDORSED ORDER granting (75) Motion for Extension of Time to Respond re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80119-KAM; granting (67) Motion for Extension of Time to Respond re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80232-ICAM; granting (82) Motion for Extension of Time to Respond re (65 in 9:08-cv- 80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80380-KAM; granting (73) Motion for Extension of Time to Respond re (65 in 9:08-cv-80119-ICAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80381-KAM; granting (33) Motion for Extension of Time to Respond re (65 in 9:08-cv-80119-ICAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80993-KAM; granting (27) Motion for Extension of Time to Respond re (65 in 9:08-cv- 80119-1CAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80994-KAM in case 9:08-cv-80119-ICAM. ( Responses due by 4/23/2009). Signed by Judge Kenneth A. Marra on 4/14/2009. (ir) (Entered: 04/14/2009) 04/16/2009 62 Defendant's MOTION for Extension of Time to File Response as to 5$ MOTION for Protective Order Against Piecemeal Depositions ofJane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support by Jeffrey Epstein. (Pike, Michael) Modified on 4/20/2009 (Is). (Entered: 04/16/2009) 04/17/2009 w RESPONSE to Motion re 58 MOTION for Protective Order Against Piecemeal Depositions ofJane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support filed by Jeffrey Epstein. Replies due by 4/27/2009. (Attachments: # 1 Exhibit A)(Pike, Michael) (Entered: 04/17/2009) 04/17/2009 71 Unopposed MOTION for Extension of Time to File Response as to 52 Defendant's MOTION to Compel Response to 1st RTP, 6Q Defendant's MOTION to Compel Answers to 1st 1nterrogs by Jane Doe No. 3. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Stuart) (Entered: 04/17/2009) 04/20/2009 72 ENDORSED ORDER granting 62 Motion for Extension of Time to Respond re 58 MOTION for Protective Order Against Piecemeal Depositions ofJane Doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support. Responses due by 4/24/2009. Signed by Judge Kenneth A. Marra on 4/20/2009. (ir) (Entered: 04/20/2009) 04/20/2009 72 MEMORANDUM in Support re 51 Plaintiffs MOTION to Compel Answers Imps://ecf flat useourts.gov/egi-bin/DktRptpl?522982239968766-L_801_0-1 6/9/2009 EFTA00175725 CM/ECF - Live Database - flsd Page 10 of 15 to Interrogatories and Production of Documents and Incorporated Memorandum of Law In Support by Jane Doe No. 3. (Mermelstein, Stuart) (Entered: 04/20/2009) 04/23/2009 M RESPONSE in Opposition re 5.7 Defendant's MOTION to Stay re 5Q Amended Complaint filed by Jane Doe No. 3. (Mermelstein, Stuart) (Entered: 04/23/2009) 04/27/2009 75 MEMORANDUM in Support re 5$ MOTION for Protective Order Against Piecemeal Depositions of Jane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support by Jane Doe No. 3. (Mermelstein, Stuart) (Entered: 04/27/2009) 04/27/2009 76 REPLY to Response to Motion re a MOTION for Protective Order Against Piecemeal Depositions of Jane doe No. 3, Motion to Consolidate Cases for Purposes of Discovery, and Incorporated Memorandum of Law in Support filed by Jane Doe No. 3. See image DE 75 (1k) (Entered: 04/28/2009) 04/28/2009 77 Clerks Notice of Docket Correction and Instruction to Filer re 75 Memorandum in Support, filed by Jane Doe No. 3. ERROR - Wrong Event Selected; Correction - Redocketed by Clerk as 76 REPLY TO RESPONSE TO MOTION. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (1k) (Entered: 04/28/2009) 04/29/2009 7$ ORDER granting 55 Motion for Protective Order and Consolidating Cases for Purposes of Discovery. Signed by Judge Kenneth A. Marra on 4/28/2009. (cqs) (Entered: 04/29/2009) 04/29/2009 72 Unopposed MOTION for Extension of Time to File Response as to 52 Defendant's MOTION to Compel Response to 1st RTP, 0 Defendant's MOTION to Compel Answers to 1st Interrogs by Jane Doe No. 3. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Stuart) (Entered: 04/29/2009) 05/04/2009 0 MEMORANDUM in Opposition re 7$ Order on Motion for Protective Order by Jeffrey Epstein. (Pike, Michael) (Entered: 05/04/2009) 05/05/2009 11 Defendant's MOTION for Extension of Time to File Reply as to 7A Response in Opposition to Motion to Stay by Jeffrey Epstein. (Pike, Michael) (Entered: 05/05/2009) 05/06/2009 82 ENDORSED ORDER granting (89) Motion for Extension of Time to Reply re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint; granting (81) Motion for Extension of Time to Reply re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-ev-80232-KAM; granting (97) Motion for Extension of Time to Reply re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80380-KAM; granting (82) Motion for Extension of Time to Reply re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv- 80381-KAM; granting (46) Motion for Extension of Time to Reply re (65 in 9:08-cv-80119-KAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80993-KAM; granting (37) Motion for Extension https://ecf.flsd. uscourts.gov/egi-bin/DktRpt.pl?522982239968766-L_801_0-1 6/9/2009 EFTA00175726 CM/ECF - Live Database - Ilsd Page 11 of 15 of Time to Reply re (65 in 9:08-cv-80119-ICAM) Defendant's MOTION to Stay re (56) Amended Complaint in case 9:08-cv-80994-ICAM in case 9:08- cv-80119-KAM. ( Replies due by 5/20/2009.). Signed by Judge Kenneth A. Marra on 5/5/2009. (ir) (Entered: 05/06/2009) 05/06/2009 II RESPONSE in Opposition re 60 Defendant's MOTION to Compel Answers to 1st Interrogs and for an Award of Reasonable Expenses filed by Jane Doe No. 3. (Horowitz, Adam) (Entered: 05/06/2009) 05/06/2009 $4 Defendant's MOTION to Compel or !dentin; Doe 3 in Style of Case and in Third Party Subpoenas by Jeffrey Epstein. Responses due by 5/26/2009 (Attachments: # I Exhibit A)(Pike, Michael) (Entered: 05/06/2009) 05/06/2009 li RESPONSE in Opposition re 59 Defendant's MOTION to Compel Response to 1st RTP , Overrule Objections and for an Award of Reasonable Expenses filed by Jane Doe No. 3. (Attachments: # 1 Exhibit A)(Horowitz, Adam) (Entered: 05/06/2009) 05/11/2009 86 Defendant's MOTION Require Plaintiff to Use Proper Case Style by Jeffrey Epstein. (Critton, Robert) (Entered: 05/11/2009) 05/13/2009 81 RESPONSE/REPLY to 74 Response in Opposition to Motion to Stay and/or Continue Action by Jeffrey Epstein. (Pike, Michael) (Entered: 05/13/2009) 05/14/2009 Cases associated. (dg) (Entered: 05/14/2009) 05/14/2009 88 ORDER CONSOLIDATING CASES. Hereinafter all motions and other court filings that relate to discovery and all procedural motions that relate to multiple cases shall be styled with all of the case names and numbers and shall be filed in Case No. 08-80119-CIV-MARRA. Signed by Judge Kenneth A. Marra on 5/14/2009. Associated Cases: 9:08-ov-80119-KAM et al. (ir) (Entered: 05/14/2009) 05/14/2009 89 ORDER REQUESTING UNITED STATES PROVIDE POSITION TO MOTION TO STAY. Signed by Judge Kenneth A. Marra on 5/14/2009. (Attachments: # 1 Appendix Motion to Stay DE 51) Associated Cases: 9:08- cv-80119-KAM et al. (ir) (Entered: 05/14/2009) 05/14/2009 90 ORDER denying as moot $6 Motion. See Order consolidating cases.. Signed by Judge Kenneth A. Marra on 5/14/2009. (Ic3) (Entered: 05/14/2009) 05/14/2009 91 ORDER terminating 52 Motion to Stay; terminating 84 Motion to Compel. See Order consolidating cases. See procedural motions pending: DE 65 and DE 91 in 08-80119.. Signed by Judge Kenneth A. Marra on 05/15/2009. (1c3) (Entered: 05/14/2009) 05/18/2009 92 Defendant's MOTION for Extension of Time to File Reply as to (39 in 9:08- cv-80994-KAM) Response in Opposition to Motion, (40 in 9:08-cv-80994- KAM) Response in Opposition to Motion by Jeffrey Epstein. Associated Cases: 9:08-cv-80119-KAM et al.(Pike, Michael) (Entered: 05/18/2009) 05/19/2009 93 Defendant's MOTION to Strike Cases from Current Trial Docket by Jeffrey Epstein. Responses due by 6/8/2009 (Attachments: 14 1 Exhibit A)Associated Cases: 9:08-cv-80119-KAM et al.(Pike, Michael) (Entered: 05/19/2009) https://ectifIsci.uscourts.govicgi-bin/DktRpt.p17522982239968766-L_801_01 6/9/2009 EFTA00175727 CWECF - Live Database - flsd Page 12 of 15 05/19/2009 24 MOTION Motion for Leave to Withdraw as Co-Counsel by Jeffrey Epstein. (Attachments: # .1 Text of Proposed Order)(Tein, Michael) (Entered: 05/19/2009) 05/20/2009 95 ORDER terminating (93) Motion to Strike ; terminating (94) Motion in case 9:08-cv-80232-KAM; terminating (110) Motion to Strike ; terminating (111) Motion in case 9:08-cv-80380-KAM; terminating (95) Motion to Strike ; terminating (96) Motion in case 9:08-cv-80381-KAM; terminating (90) Motion to Strike ; terminating (91) Motion in case 9:08-cv-80811-ICAM; terminating (62) Motion to Strike in case 9:08-cv-80893-KAM; terminating (62) Motion to Strike in case 9:08-cv-80993-KAM; terminating (50) Motion to Strike in case 9:08-cv-80994-ICAM. Signed by Judge Kenneth A. Marra on 5/20/2009. (1c3) (Entered: 05/20/2009) 05/20/2009 96 Clerks Notice of Docket Correction and Instruction to Filer re 91 MOTION to Strike filed by Jeffrey Epstein. Error - Motion with Multiple Reliefs Filed as One Relief;. Instruction to filer - In the future, please select all applicable reliefs. It is not necessary to refile this document. (Is) (Entered: 05/20/2009) 05/20/2009 97 Clerks Notice of Docket Correction and Instruction to Filer re 94 MOTION Motion for Leave to Withdraw as Co-Counsel filed by Jeffrey Epstein. Error - Wrong Event Selected;. Instruction to Filer - In the future, please select the proper event, i.e. Motion to Withdraw as Attorney. It is not necessary to refile this document. (Is) (Entered: 05/20/2009) 05/20/2009 2.$ NOTICE by C.M.A. of Filing Withdrawal of Previously Raised Objections to Defendant, Jeffrey Epstein's Motion to Compel And/Or Identify C.M.A. in the Style of This Case and Motion to Identify C.M.A. in Third-Party Subpoenas for Purposes of Discovery, Or, Alternatively, Motion to Dismiss Sua Sponte, With Inorporated Memorandum of Law Associated Cases: 9:08-cv-80119- 1CAM et al.(Hill, Jack) (Entered: 05/20/2009) 05/20/2009 99 ORDER STRIKING in all Epstein cases EXCEPT case no. 08-80119: Notice by C.M.A. of Filing Withdrawal of Previously Raised Objections to Epstein's Motion to Compel and/or Identify. This Notice should only be filed in 08- 80119, not in all of the Epstein cases.. Signed by Judge Kenneth A. Marra on 5/20/2009. Associated Cases: 9:08-cv-80119-ICAM et al. (1c3) (Entered: 05/20/2009) 05/21/2009 100 Plaintiff's MOTION for Extension of Time to File Response as to (91 in 9:08- cv-80119-ICAM) Defendant's MOTION to Compel Identity of Doe in Style of Case and Third-Party Subpoenas (replaces Docket entry 90) by Jane Doe No. 6, Jane Doe No. 7, Jane Doe, Jane Doe No. 5, Jane Doe No. 4, Jane Doc No. 3. Associated Cases: 9:08-cv-80119-ICAM et al.(Mermelstein, Stuart) (Entered: 05/21/2009) 05/22/2009 101 ORDER terminating (100) Motion for Extension of Time to Respond in case 9:08-cv-80232-ICAM; terminating (117) Motion for Extension of Time to Respond in case 9:08-cv-80380-ICAM; terminating (101) Motion for Extension of Time to Respond in case 9:08-cv-80381-ICAM; terminating (67) Motion for Extension of Time to Respond in case 9:08-cv-80993-KAM; terminating (54) Motion for Extension of Time to Respond in case 9:08-cv- https://ectflsd.uscourts.gov/cgi-bin/DktRpt.p17522982239968766-L_801_0-1 6/9/2009 EFTA00175728 CM/ECF - Live Database - flsd Page 13 of 15 80994-KAM. The attorneys are instructed again to ONLY file this type of motion in case no. 08-80119. See Order consolidating cases for details.. Signed by Judge Kenneth A. Marra on 5/22/2009. (1c3) (Entered: 05/22/2009) 05/27/2009 102 NOTICE by Jane Doe re (111 in 9:08-cv-80119-KAM) Plaintiffs MOTION for Extension of Time to File Response as to (91 in 9:08-cv-80119-KAM) Defendant's MOTION to Compel Identity of Doe in Style of Case and Third- Party Subpoenas (replaces Docket entry 90)Plaintiffs MOTION for Extension of Time to File Response as to (91 in 9:08-cv-80119-KAM) Defendant's MOTION to Compel Identity of Doe in Style of Case and Third-Party Subpoenas (replaces Docket entry 90) (Attachments: # I Text of Proposed Order)Associated Cases: 9:08-cv-80119-1CAM et al.(Horowitz, Adam) (Entered: 05/27/2009) 05/28/2009 103 ORDER STRIKING Notice by Jane Doe in all Epstein cases EXCEPT in case 08-80119. This Notice should only be filed in 08-80119, not in all of the Epstein cases... Signed by Judge Kenneth A. Marra on 5/28/2009. Associated Cases: 9:08-ev-80119-KAM et al. (1c3) (Entered: 05/28/2009) 05/29/2009 1.04 NOTICE of Attorney Appearance by on behalf of United i S ales of America Associated Cases: 9:08-cv-80119-KAM et al. M) (Entered: 05/29/2009) 05/29/2009 105 RESPONSE to Motion re (72 in 9:08-cv-80380-KAM) Defendant's MOTION to Stay re (62) Amended Complaint, (57 in 9:08-cv-80232-ICAM) Defendant's MOTION to Stay re (50) Amended Complaint, (24 in 9:08-cv-80893-KAM) Defendant's MOTION to Stay re (1) Complaint, (23 in 9:08-cv-80994-KAM) Defendant's MOTION to Stay re (18) Amended Complaint, (22 in 9:08-cv- 80993-KAM) Defendant's MOTION to Stay re (19) Amended Complaint, (65 in 9:08-cv-80119-ICAM) Defendant's MOTION to Stay re (56) Amended Complaint, (68 in 9:08-cv-80381-KAM) Defendant's MOTION to Stay re (60) Amended Complaint, (51 in 9:08-cv-80811-KAM) Defendant's MOTION to Stay re (40) Amended Complaint and or Continue Action Filed Pursuant to Court's Order Requesting Government's Position filed by United States of Atalipie, 6/8/2009. Associated Cases: 9:08-cv-80119-KAM et al. =) (Entered: 05/29/2009) 05/29/2009 11/2 RESPONSE in Opposition re (90 in 9:08-cv-80119-KAM) Defendant's MOTION to Compel Identifr Doe in Style of Case and in Third-Party Subpoenas, (91 in 9:08-cv-80119-ICAM) Defendant's MOTION to Compel Identity of Doe in Style of Case and Third-Party Subpoenas (replaces Docket entry 90) filed by Jane Doe No. 102, Jane Doe No. 101. Associated Cases: 9:08-cv-80119-ICAM et al.(Ezell, Katherine) (Entered: 05/29/2009) 05/29/2009 107 ORDER STRIKING (124 in 9:08-cv-80119-ICAM, 105 in 9:08-cv-80811- KAM, 74 in 9:08-cv-80993-KAM, 72 in 9:08-cv-80893-KAM, 106 in 9:08- cv-80232-KAM, 123 in 9:08-cv-80380-KAM, 35 in 9:09-cv-80591-ICAM, 25 in 9:09-cv-80469-KAM, 60 in 9:08-cv-80994-KAM, 22 in 9:09-cv-80656- KAM, 107 in 9:08-cv-80381-KAM) Response in Opposition to Motion, filed by Jane Doe No. 102, Jane Doe No. 101 DO NOT FILE IN EVERY EPSTEIN CASE. SEE ORDER CONSOLIDATING CASES.. Signed by Judge Kenneth A. Marra on 5/29/2009. Associated Cases: 9:08-cv-80119- hrips://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.0/522982239968766-L_801_0-1 6/9/2009 EFTA00175729 CM/ECF - Live Database - flsd Page 14 of 15 KAM et al. (Ic3) (Entered: 05/29/2009) 05/29/2009 1.Q$ MOTION for Leave to File UNDER SEAL RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO STAY OR, IN THE ALTERNATIVE TO UNSEAL THE NONPROSECUTION AGREEMENT by Jane Doe No. 102, Jane Doe No. 101. Associated Cases: 9:08-cv-80119-KAM et al.(Ezell, Katherine) (Entered: 05/29/2009) 05/29/2009 109 MOTION for Hearing MOTION TO RESCHEDULE HEARING by Jane Doe No. 102, Jane Doe No. 101. Associated Cases: 9:08-cv-80119-ICAM et al. (Josefsberg, Robert) (Entered: 05/29/2009) 06/01/2009 110 ORDER STRIKING (28 in 9:09-cv-80469-KAM, 126 in 9:08-cv-80380- KAM, 109 in 9:08-cv-80232-KAM, 25 in 9:09-cv-80656-KAM, 77 in 9:08- cv-80993-KAM, 38 in 9:09-cv-80591-ICAM, 110 in 9:08-cv-80381-ICAM, 63 in 9:08-cv-80994-KAM, 75 in 9:08-cv-80893-KAM, 108 in 9:08-cv-80811- KAM) Motion to Continue Hearing filed by Jane Doe No. 102, Jane Doe No. 101, (76 in 9:08-cv-80993-ICAM, 109 in 9:08-cv-80381-KAM, 108 in 9:08- cv-80232-KAM, 62 in 9:08-cv-80994-KAM, 125 in 9:08-cv-80380-ICAM, 74 in 9:08-cv-80893-KAM, 24 in 9:09-cv-80656-ICAM, 37 in 9:09-cv-80591- KAM, 107 in 9:08-cv-80811-KAM, 27 in 9:09-cv-80469-KAM) Motion for Leave to File, filed by Jane Doe No. 102, Jane Doe No. 101. THESE DOCUMENTS SHOULD BE FILED ONLY IN 08-80119. SEE CASE MANAGEMENT ORDER.. Signed by Judge Kenneth A. Marra on 6/1/2009. (Ic3) (Entered: 06/01/2009) 06/01/2009 • Reset Scheduling Order Deadlines: Calendar Call set for 5/28/2010 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Jury Trial set for 6/1/2010 09:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Discovery due by 12/11/2009., Dispositive Motions due by 1/8/2010. (ir) (Entered: 06/01/2009) 06/04/2009 111 REPLY to Response to Motion re (113 in 9:08-cv-80119-KAM) Plaintiffs MOTION Plaintiffs Jane Doe No. 101 and Jane Doe 102's Motion for No- Contact Order Plaintiffs Jane Doe No. 101 and Jane Doe No. 102's Reply to Defendant Jeffrey Epstein's Response to Plaintiff* Jane Doe No. 101 and Jane Doe No. 102's Motion for a No-Contact Order filed by Jane Doe No. 101, Jane Doe No. 102. Associated Cases: 9:08-cv-80119-KAM et al.(Ezell, Katherine) (Entered: 06/04/2009) 06/04/2009 112 ORDER STRIKING (112 in 9:08-cv-80381-KAM, 111 in 9:08-cv-80232- KAM, 136 in 9:08-cv-80119-ICAM, 111 in 9:08-cv-80811-ICAM, 128 in 9:08- cv-80380-ICAM, 65 in 9:08-cv-80994-ICAM, 79 in 9:08-cv-80893-KAM, 42 in 9:09-cv-80591-KAM, 27 in 9:09-cv-80656-ICAM, 32 in 9:09-cv-80469- KAM, 79 in 9:08-cv-80993-KAM) Reply to Response to Motion, filed by Jane Doe No. 102, Jane Doe No. 101 Document stricken for failure to follow Court's orders. DO NOT FILE A DOCUMENT IN EVERY EPSTEIN CASE if it is to be filed only in 08-80119. See Case Management Order and contact CM/ECF Support for assistance in proper filing.. Signed by Judge Kenneth A. Marra on 6/4/2009. Associated Cases: 9:08-cv-80119-KAM et al. (1c3) (Entered: 06/04/2009) https://ecIfIsd.uscourts.gov/cgi-bin/DktRpt.pl?522982239968766-L_801_0-1 6/9/2009 EFTA00175730 CM/ECF - Live Database - flsd Page 15 of 15 06/08/2009 111 RESPONSE to Motion re (91 in 9:08-cv-80119-KAM) Defendant's MOTION to Compel Identity of Doe in Style of Case and Third-Party Subpoenas (replaces Docket entry 90) filed by Jane Doe. Replies due by 6/18/2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Associated Cases: 9:08-cv-80119- KAM et al.(Horowitz, Adam) (Entered: 06/08/2009) 06/08/2009 114 NOTICE by Jane Doe re (113 in 9:08-ev-80119-1CAM) Plaintiff's MOTION Plaintiffs Jane Doe No. 101 and Jane Doe 102's Motion for No-Contact Order -Plaint¶s Jane Does 2-7 Notice ofJoinder Associated Cases: 9:08-cv-80119- 1CAM et al.(Horowitz, Adam) (Entered: 06/08/2009) 06/09/2009 115 Unopposed MOTION to Amend/Correct 61 Answer to Amended Complaint by Jeffrey Epstein. Responses due by 6/26/2009 (Attachments: # I Exhibit "A", # 2 Exhibit "B", # 3 Text of Proposed Order Order)(Pike, Michael) (Entered: 06/09/2009) PACER Service Center Transaction Receipt 06/09/2009 16:24:39 PACER Login: du4480 Client Code: Description: Docket Report Search Criteria: • 4 -80232- ZA081t4 Billable Pages: 10 Cost: 0.80 https://ed.flad.uscourts.gov/egi-bin/DktRpt.p17522982239968766-L_801_0-1 6/9/2009 EFTA00175731 Case 9:08-cv- 32-KAM Document 41 Entere FLSD Docket 1QA .)08 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA-JOHNSON JANE DOE NO. 3 Plaintiff, JEFFREY EPSTEIN Defendant. DEFENDANT'S, EPSTEIN, MOTION TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT DIRECTED TO PLAINTIFF'S AMENDED COMPLAINT Defendant, JEFFERY EPSTEIN, by and through his undersigned counsel, moves to dismiss and for more definite statement of Plaintiff JANE DOE NO. 3's Amended Complaint. Rules 12(b)(6), and 12(e) and (f), Fed.R.Civ.P. (2008). In support of his motion, Defendant states: Introduction Defendant is filing similar motions to dismiss and for more definite statement directed to the Amended Complaints filed against Defendant in this Court in JANE DOE NO. 2, JANE DOE NO. 3, JANE DOE NO. 4 and JANE DOE NO. 5. The motions are directed to the Counts for "Sexual Assault and Battery," and "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422" in each of the respective complaints. However, there are distinctions in the four motions filed based on the complaint allegations. For example, Defendant challenges the Plaintiffs' allegations as to assault in all four actions, and challenges the battery allegations in JANE DOE NOS. 2 and 3, but not in JANE DOE NOS. 4 and 5. Defendant moves to dismiss the §2422 count in all four actions. EFTA00175732 CaSe 9:08-cv-, 32-KAM Document 41 Entere FLSD Docket 10/C 08 Page 2 of 10 Case No. CV-80232-Marra-Johnson Page No. 2 Motion 1. Counts I and III of the Amended Complaint are required to be dismissed for failure to state a claim upon which relief can be granted. Rule 12(b)(6). Plaintiff has failed to allege sufficient factual allegations in the Counts and instead alleges labels and conclusions, and an attempted formulaic recitation of the elements in each Count. 2. In the alternative, Defendant seeks more definite statement of Count I and III. In Count I, the Plaintiff is required to more definitely allege what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact in pleading the elements of assault and battery. In Count III, Plaintiff is required to more definitely state the underlying factual allegations to support her claim as set forth in the statute, 18 U.S.C. §2422(b) and §2455. Rule 12(e). See discussion of law below herein. 3. Also, Plaintiffs reference in Count III to 28 U.S.C. §2255, pertaining to habeas corpus proceedings is required to be stricken as immaterial. Rule 12(f). Plaintiff is required to more definitely state what statutory provision she is relying on. Rule 12 (e). WHEREFORE, Defendant respectfully requests that this Court dismiss Counts I and III, strike the immaterial statutory reference, and require Plaintiff to more definitely plead the underlying elements of her claims. SupportIna Memorandum of Law Standard on Rule 12(b)(6) Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp.'. Twomblv 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief that is plausible on its face." Id, at 1974. Although the complaint need not provide detailed factual allegations, the basis for relief EFTA00175733 Ca'Se 9:08-cv-t. 2-KAM Document 41 Enterer FLSD Docket 10/0 )8 Page 3 of 10 Case No. CV-80232-Marra-Johnson Page No. 3 in the complaint must state "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id, at 1965. Further, "[f]actual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as true and construed in the light most favorable to the plaintiff. DeKalb Count Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). Significantly, the Supreme Court in Bell Atlantic Corp.,. Twombly abrogated the often cited observation that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove not set of facts in support of his claim that would entitle him to relief." Id, (abrogating and quoting Conley I. Gibson 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibility that a plaintiff might later establish some 'set of [undisclosed] facts' to support recovery." Id. As explained by the Supreme Court in Bell Atlantic Corp., supra at 1664-65: While a complaint attacked by a Rule 12(b)(6) moti to dismiss does not need detailed factual allegations ibid.: Sanivan I. American Bd. of Psychiatry and Neurology. Inc. 40 F.3d 247, 251 (C.A.7 1994), a plaintiff's obligation to provide the "grounds" of his "entitle[ment] to relief' requires more than labels and conclusions, and a formuiic recitation of the elements of a cause of action will not do, see Papasan . Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of action"), on the assumption that all the allegations in the complaint are true (even if EFTA00175734 Case 9:08-cv-t 32-KAM Document 41 Entere FLSD Docket 10/C 38 Page 4 of 10 Case No. CV-80232-Marra-Johnson Page No. 4 doubtful in fact), see, e.g., Swierkiewiczt. Sorem N. A., 534 U.S. 506, 508, n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Neitzkelt. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals ivsed on a judge's disbelief of a complaint's factual allegations"); Scheueri. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). Pursuant to Rule 12(e), a party may move for more definite statement of a pleading to which a responsive pleading is allowed where the pleading "is so vague or ambiguous that the party cannot reasonably frame a response." The motion is required to point out the defects and the desired details. Id. Count I — "Sexual Assault and Battery" is subject to dismissal as Plaintiff has failed to state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co.l. Tompkins 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a legal unit, or a single concept, "assault and battery are separate and distinct legal concepts, assault being the beginning of an act which, if consummated, constitutes battery." 3A Fla.Jur.2d Assault §1. An assault and battery are intentional acts. See generally, Spivey. Battaglia 258 So.2d 815 (Fla. 1972); and Travelers Indem. Co... PCR, Inc., 889 So.2d 779 (Fla. 2004). An "assault" is an intentional, unlawful offer of corporal injury to another by force, or exertion of force directed toward another under such circumstances as to create a reasonable fear of imminent peril. See Lay Kremer, 411 So.2d 1347 (Fla. 1st DCA 1982). It must be premised upon an affirmative act - a threat to use force, or the actual exertion of force. See 3A Fla.Jur.2d Assault §1("The essential element of the tort of assault is the violence offered, and not actual physical contact."). EFTA00175735 case 9:08-cv-I. )2-KAM Document 41 Enterer FLSD Docket 10/C )8 Page 5 of 10 Case No. CV-80232-Marra-Johnson Page No. 5 Tort of "battery" consists of the infliction of a harmful or offensive contact upon another with the intent to cause such contact or the apprehension that such contact is imminent. Quilling/. Price 894 So.2d 1061 (Fla. 5th DCA 2005); Sullivan/. Atlantic Federal Savings & Loan 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the intentional infliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Jur.2d Assault §1. With the standard of pleading established in Twomblv, supra, in the context of the elements for assault and battery, Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(6). As to the elements of assault, here are no factual allegations as to what was said or done to Plaintiff such that it constituted an "intentional, unlawful offer of corporal injury to another by force, or exertion of force directed toward another under such circumstances as to create a reasonable fear of imminent peril." See ¶12 of Am. Comp. The same is true for the claim of battery. Plaintiff makes the general allegation in ¶12 that "he (Defendant) laid down on the massage table, and sexually assaulted Jane during the massage." Under applicable law, Plaintiff is required to give more than labels and conclusions, and a formulaic recitation of the elements of a cause of action. Twombly, supra. Plaintiff is required to allege the facts of what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact? As noted in the introduction and as this Court is well aware, there is more than one action brought against this Defendant attempting to allege similar sounding claims. With all due respect, the details as to a particular claim asserted by a particular Plaintiff EFTA00175736 Case 9:08-cv-t .2-KAM Document 41 Enterer FLSD Docket 10/C )8 Page 6 of 10 Case No. CV-80232-Marra-Johnson Page No. 6 are important to give this Defendant fair notice of Plaintiffs claim so he may properly respond. Accordingly, under applicable law, Plaintiff has failed to state a claim for sexual assault and battery. In the alternative to dismissing Count I, Defendant requests that Plaintiff be required to give more definite statement as to what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact in pleading the elements of assault and battery. Rule 12(e). Count III — "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. 82422" - is subject to dismissal as Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(6). Count III also contains an Immaterial reference to 28 U.S.C. §2255, which is required to be stricken and more definitely stated. Count III of Plaintiffs Complaint attempts to assert a claim for "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422." In her prayer for relief in Count III, Plaintiff "demands judgment against Defendant Jeffrey Epstein for all damages available under 28 U.S.C. §2255(a), ." Although the reference to "28 U.S.C. §2255," pertaining to habeas corpus proceedings - federal custody and remedies on motion attacking sentence, is probably a typographical error by Plaintiff, and the reference to "28" was meant to be "18," Defendant requests that Plaintiff correct this error so that Defendant may have fair notice of the claim Plaintiff is attempting to assert. Whether or not the "28" is typographical error, Defendant is still entitled to dismissal of the count. The applicable version of these statutory provisions, (pre-2006 Amendments, as the Amended Complaint alleges a time period of "in or about 2004-2005," ¶8), provides: EFTA00175737 Case 9:08-cv-k )2-KAM Document 41 Enterer FLSD Docket 10/C )8 Page 7 of 10 Case No. CV-80232-Marra-Johnson Page No. 7 CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES § 2422. Coercion and enticement (a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal Injuries (a) Any minor who is a victim of a violation of section 2241(c) 2242, 2243, 2251, 2251A 2252 2252A, 2260 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. Relevant to Plaintiff's complaint, 18 U.S.C. 2255(a) creates a civil remedy for "a minor who is a victim of a violation of section ... 2422 ... of this title and who suffers personal injury as a result of such violation ... ." Plaintiff has failed to plead any factual allegations whatsoever pertaining to violations of 18 U.S.C. 2422. Rather, Plaintiff has alleged conclusory allegations simply attempting to track parts of the statutory language EFTA00175738 Case 9:08-cv-k ,2-KAM Document 41 Entere' FLSD Docket 10/C )8 Page 8 of 10 Case No. CV-80232-Marra-Johnson Page No. 8 in the statute without underlying factual allegations pertaining to the Plaintiff and any conduct by Defendant. See ¶29 of Am. Comp. Plaintiffs allegations, (or lack of factual allegations), are precisely what the standard set forth by the Supreme Court in Bell Atlantic Corp. prohibits — Plaintiff's complaint alleges only "labels and conclusions, and a (partial) formulaic recitation of the elements." First, the Amended Complaint fails to designate whether Plaintiff is relying on §2422(a) or §2422(b). Second, although the complaint does contain a partial tracking of the language in 18 U.S.C. §2422(b), it contains absolutely no factual allegations concerning the requisite "using the mail or any facility or means of interstate or foreign commerce" by Plaintiff to state a cause of action based on a violation of 18 U.S.C. 2422(b). As well, there are no underlying factual allegations involving this Plaintiff as to the requisite elements that a defendant knowingly persuaded, induced, enticed, or coerced any individual (Plaintiff in this case) who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempted to do so. See 18 U.S.C. 2422(b); i.e. with what criminal offense could Plaintiff and Defendant have been charged. Again, a Plaintiff cannot simply track the language of a statute without some underlying factual allegations to state a claim upon which relief can be granted. Accordingly, Count III is required to be dismissed, and the reference to 28 USC 2455 be stricken. In the alternative, Plaintiff should be required to more definitely state the underlying factual allegations to support her claim as set forth in the statute, 18 U.S.C. §2422(b) and §2455. EFTA00175739 Case 9:08-cv-& )2-KAM Document 41 Enter& Case No. CV-80232-Marra-Johnson Page No. 9 FLSD Docket 10/C )8 Page 9 of 10 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and III, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Plaintiff's complaint lack underlying factual allegations and, thus, Plaintiff is required to more definitely state the requisite factual allegations. Finally, Plaintiff should correct any improper statutory references. 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 6'" day of October, 2008: Adam D. Horowitz, Esq. Jeffrey Marc Herman, Esq. Stuart S. Mermelstein, Esq. 18205 Biscayne Boulevard Suite 2218 60 Fax: Counsel for Plaintiff Jane Doe #3 Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 ach, FL 33401-5012 Counsel for Defendant Jeffrey Epstein Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 e, FL 33133 Fax: Counsel for Defendant Jeffrey Epstein EFTA00175740 Case 9:08-cv-8L 2-KAM Document 41 Entered CLSD Docket 10/06i 8 Page 10 of 10 Case No. CV-80232-Marra-Johnson Page No. 10 Respectfully submitte By: ROBERT D. CR ON, JR., ESQ. Florida Bar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar #617296 BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West ach, FL 33401 Phone Fax ounsel for Defendant Jeffrey Epstein) EFTA00175741 Case 9:08-cv- 32-KAM Document 50 Entere 1 FLSD Docket 0: /2009 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA/JOHNSON JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. SECOND AMENDED COMPLAINT Plaintiff, Jane Doe No.3 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties,Jurisdielion and Venue 1. Jane Doe is a citizen and resident of the State of Florida, and is sui juris. 2, This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon her when she was a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. § I332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. - I - EFTA00175742 Case 9:013-cv• :32-KAM Document 50 Entere i FLSD Docket 0: '/2009 Page 2 of 8 Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. An integral player in Epstein's Florida scheme was a Palm Beach Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Mto bring one or more underage girls to the residence. a upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. - 2 - EFTA00175743 Case 9:08-cv- :32-KAM Document 50 Entere FLSD Docket 0: 72009 Page 3 of 8 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the victim would be brought to the kitchen. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was alone in this room, Epstein would enter wearing only a towel to cover his private area. He then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including and touching the girl sexually. 12. Consistent with the foregoing plan and scheme, Ms. recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. brought Jane to Epstein's mansion in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on the massage table, and sexually assaulted Jane Doc during the massagc. In addition, Jeffrey Epstein masturbated during the massage. 13. After Epstein had completed the assault, he left the room. Jane was then able to leave the room and go back down the stairs. She then met Ms. again who brought Jane home. Jane was paid $200 by Epstein. Ms. as also paid by Epstein for bringing Jane to him. 14. As a result of this encounter with Epstein, the 16-year old Jane experienced trauma, shock, confusion, shame, humiliation and embarrassment. COUNT I Sexual Assault and Battery 15. Plaintiff Jane Doe repeats and realleges paragraphs I through 14 above. 16. Epstein acted with intent to cause an offensive contact with Jane Doe, or an imminent apprehension of such a contact, and Jane Doe was thereby put in such imminent apprehension. 17. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane - 3 - EFTA00175744 Case 9:08-cv- !32-KAM Document 50 Entere 1 FLSD Docket 0: '12009 Page 4 of 8 Doe, creating a reasonable fear of imminent peril. 18. Epstein intentionally inflicted harmful or offensive contact on the person of Jane Doe, with the intent to cause such contact or the apprehension that such contact is imminent. 19. Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts were intentional, unlawful, offensive and harmful. 20. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 21. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doc No. 3 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT 11 Intentional Infliction of Emotional Distress 22. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 23. Epstein's conduct was intentional or reckless. 24. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency. 25. Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted in mental or sexual injury to Jane Doe, that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired. 26. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had -4- EFTA00175745 Case 9:08-cv !32-KAM Document 50 Enterc i FLSD Docket '/2009 Page 5 of 8 reason to know that his intentional and outrageous conduct would cause emotional distress and damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing severe emotional distress to Jane Doe. 27. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. COUNT III Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. 82422 28. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 29. Epstein used a facility or means of interstate commerce to knowingly persuade, induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or sexual activity for which any person can be charged with a criminal offense. 30. On June 30, 2008, Epstein entered a plea of guilty to violations of Florida §§ 796.07 and 796.03, in the 15th Judicial Circuit in and for Palm Beach County (Case nos. 2008-cf- 009381AXXXMB and 2006-cf-009454AXXXMB), for conduct involving the same plan and scheme as alleged herein. 31. As to Plaintiff Jane Doe, Epstein could have been charged with criminal violations of Florida Statute §796.07(2) (including subsections (e), (d), (e), (f), (g), and (h) thereof), and other criminal offenses including violations of Florida Statutes §§ 798.02 and 800.04 (including subsections (5), (6) and (7) thereof). 32. Epstein's acts and conduct are in violation of 18 U.S.C. §2422. - 5 - EFTA00175746 Case 9:08-cv, !32-KAM Document 50 Entere i FLSD Docket 0: '/2009 Page 6 of 8 33. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages. 34. Plaintiff hired Herman & Mennelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fcc. WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey Epstein for all damages available under 18 U.S.C. §2255(a), including without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiff demands a jury trial in this action on all claims so triable. Dated: February 27, 2009 Respectfully submitted, By: s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) Adam D. Horowitz (FL Bar No. 376980) MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax: - 6 - EFTA00175747 Case 9:08-cvd, 32-KAM Document 50 Entere, n FLSD Docket 01. '/2009 Page 7 of 8 CERTIFICATE OF SERVICE I hereby certify that on February 27, 2009,1 electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Ilorowitz - 7 - EFTA00175748 Case 9:08-cv- !32-KAM Document 50 Entere 1 FLED Docket 0: 72009 Page 8 of 8 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldber er Esq. Robert D. Critton Es . /s/ Adam D. Horowitz - 8 - EFTA00175749 Case 9:08-cv. ?32-KAM Document 61 Enter( n FLSD Docket 0 2/2009 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV.80232-MARRA-JOHNSON JANE DOE NO. 3 Plaintiff, JEFFREY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S ANSWER & AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN"), by and through his undersigned attorneys, files his Answer to the Second Amended Complaint and states: 1. Without knowledge and deny. 2. As to the allegations in paragraphs 2, Defendant asserts his Fifth Amendment privilege against self-incrimination. See DeLisi I Bankers Ins. Company 436 So.2d 1099 (Fla. 41h DCA 1983); Malloy I Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "[lit would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted In state or federal court."); 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny — Privilege Against Self- Incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial?). See also 24 Fla Jur.2d Evidence §592. Defendants in civil actions. — .. a civil defendant who raises an affirmative defense is not precluded from asserting EFTA00175750 Ca'se 9:08-cv ?32-KAM Document 61 Enter( n FLSD Docket 0. ?/2009 Page 2 of 7 Jane Doe No. 3'. Epstein Page 2 the privilege [against self-incrimination], because affirmative defenses do not constitute the kind of voluntary application for affirmative relief' which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. 3. As to the allegations in paragraph 3, deny. 4. As to the allegations in paragraph 4, deny. 5. As to the allegations in paragraph 5, without knowledge and deny. 6. As to the allegations in paragraphs 6, Defendant asserts his Fifth Amendment privilege against self-incrimination. See DeLisi I. Bankers Ins. Company, 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy'. Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "[i]t would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny — Privilege Against Self- Incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial."). See also 24 Fla.Jur.2d Evidence §592. Defendants In civil actions. — "... a civil defendant who raises an affirmative defense is not precluded from asserting the privilege [against self-incrimination], because affirmative defenses do not constitute the kind of voluntary application for affirmative relief' which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. 7. As to the allegations in paragraphs 7 through 14 of Plaintiff's Second Amended Complaint, Defendant exercises his Fifth Amendment Privilege against self- EFTA00175751 Case 9:08-cv 232-KAM Document 61 Enter( FLSD Docket 0 2/2009 Page 3 of 7 Jane Doe No. 3'. Epstein Page 3 incrimination. See DeLisi I. Bankers Ins. Company, 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy'. Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self- Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "Up would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); 5 Fed.Prac. & Proc. Clv. 3d §1280 Effect of Failure to Deny — Privilege Against Self-incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial."). See also 24 Fla.Jur.2d Evidence §592. Defendants in civil actions. —"... a civil defendant who raises an affirmative defense is not precluded from asserting the privilege [against self-Incrimination], because affirmative defenses do not constitute the kind of voluntary application for affirmative relief' which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. 8. In response to the allegations of paragraph 15, Defendant realleges and adopts his responses to paragraphs 1 through 14 of the Second Amended Complaint set forth In paragraphs 1 through 6 above herein. 9. Defendant asserts the Fifth Amendment Privilege against self-incrimination to the allegations set forth in paragraphs 16 through 21 of the Second Amended Complaint. See DeLisi I. Bankers Ins. Company, 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "[l]t would be incongruous to have different standards determine the EFTA00175752 Case 9:08-cv. 232-KAM Document 61 Enter( n FLSD Docket 0 ?/2009 Page 4 of 7 Jane Doe No. 3'. Epstein Page 4 validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny - Privilege Against Self-Incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial."). See also 24 Fla.Jur.2d Evidence §592. Defendants in civil actions. — "... a civil defendant who raises an affirmative defense is not precluded from asserting the privilege [against self- incrimination], because affirmative defenses do not constitute the kind of voluntary application for affirmative relief" which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. 10. In response to the allegations of paragraph 22, Defendant realleges and adopts his responses to paragraphs 1 through 14 of the Second Amended Complaint set forth in paragraphs 1 through 6 above herein. 11. Defendant asserts the Fifth Amendment Privilege against self-incrimination to the allegations set forth in paragraphs 23 through 27 of the Second Amended Complaint. See DeLlsi I. Bankers Ins. Company, 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy'. Hawn, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "lilt would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."). 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny — Privilege Against Self-Incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial."). See also 24 EFTA00175753 Case 9:08-cv. 232-KAM Document 61 Enter( n FLSD Docket 0 ?/2009 Page 5 of 7 Jane Doe No. 3 Epstein Page 5 Fla.Jur.2d Evidence §592. Defendants in civil actions. — "... a civil defendant who raises an affirmative defense is not precluded from asserting the privilege [against self- incrimination], because affirmative defenses do not constitute the kind of voluntary application for affirmative relief" which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. 12. In response to the allegations of paragraph 28, Defendant realleges and adopts his responses to paragraphs 1 through 14 of the Second Amended Complaint set forth in paragraphs 1 through 6 above herein. 13. Defendant asserts the Fifth Amendment Privilege against self-Incrimination to the allegations set forth in paragraphs 29 through 34 of the Second Amended Complaint. See DeLisi 1 Bankers Ins. Company, 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy 1 Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "[ilt would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny — Privilege Against Self-Incrimination ("...court must treat the defendant's claim of privilege as equivalent to a specific denial."). See also 24 Fla.Jur.2d Evidence §592. Defendants in civil actions. —"... a civil defendant who raises an affirmative defense is not precluded from asserting the privilege [against self- incrimination], because affirmative defenses do not constitute the kind of voluntary EFTA00175754 Case 9:08-cv 232-KAM Document 61 Enter( n FLSD Docket 0 ?/2009 Page 6 of 7 Jane Doe No. 3'. Epstein Page 6 application for affirmative relief" which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege. WHEREFORE, Defendant requests that this Court deny the relief sought by Plaintiff. Affirmative Defenses 1. As to all counts, Plaintiff consented to and was a willing participant in the acts alleged. 2. As to all counts alleged, Plaintiff consented to and participated in conduct similar and/or identical to the acts alleged with other persons which were the sole or contributing cause of Plaintiff's alleged damages 3. As to all counts, Defendant reasonably believed that the Plaintiff had attained the age of 18 years old at the time of the alleged acts. 4. Plaintiff's claims are barred by the applicable statute of limitations. WHEREFORE Defendant requests that this Court deny the re ' f sought by Plaintiff. Robert D. C itton, Jr. Attorney f. Defendant 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 rec9rAldentified on the following Service List in the manner specified by CM/ECF on thisfeay of April , 2009: EFTA00175755 Case 9:08-cv 232-KAM Document 61 Enter( In FLSD Docket 0 2/2009 Page 7 of 7 Jane Doe No. 3'. Epstein Page 7 Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 ' 60 Fax: Counsel for Plaintiff Jane Doe #3 Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 ach, FL 33401-5012 Fax: Co-Counsel for Defendant Jeffrey Epstein Respectfully subm d, By: ROBERT D. RITTON, JR., ESQ. Florida Bar o. 224162 rcritabcIclaw.com MICHAEL J. PIKE, ESQ. BUR , LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 ach, FL 33401 Phone Fax (Co-Counsel for Defendant Jeffrey Epstein) EFTA00175756 Case 9:08-cv-Eld—.4-KAM Docun.„.it 41 Entered G. .-LSD Docket 1G. ,I2008 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA-JOHNSON JANE DOE NO. 3 Plaintiff, JEFFREY EPSTEIN Defendant. DEFENDANT'S, EPSTEIN, MOTION TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT DIRECTED TO PLAINTIFF'S AMENDED COMPLAINT Defendant, JEFFERY EPSTEIN, by and through his undersigned counsel, moves to dismiss and for more definite statement of Plaintiff JANE DOE NO. 3's Amended Complaint. Rules 12(b)(6), and 12(e) and (f), Fed.R.Civ.P. (2008). In support of his motion, Defendant states: Introduction Defendant is filing similar motions to dismiss and for more definite statement directed to the Amended Complaints filed against Defendant in this Court in JANE DOE NO. 2, JANE DOE NO. 3, JANE DOE NO. 4 and JANE DOE NO. 5. The motions are directed to the Counts for "Sexual Assault and Battery," and "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422" in each of the respective complaints. However, there are distinctions in the four motions filed based on the complaint allegations. For example, Defendant challenges the Plaintiffs' allegations as to assault in all four actions, and challenges the battery allegations in JANE DOE NOS. 2 and 3, but not in JANE DOE NOS. 4 and 5. Defendant moves to dismiss the §2422 count in all four actions. EFTA00175757 Case 9:08-cv-80....2-KAM Docun..-. it 41 Entered G. .•LSD Docket 1G. J/2008 Page 2 of 10 Case No. CV-80232-Marra-Johnson Page No. 2 Motion 1. Counts I and III of the Amended Complaint are required to be dismissed for failure to state a claim upon which relief can be granted. Rule 12(b)(6). Plaintiff has failed to allege sufficient factual allegations in the Counts and instead alleges labels and conclusions, and an attempted formulaic recitation of the elements in each Count. 2. In the alternative, Defendant seeks more definite statement of Count I and III. In Count I, the Plaintiff is required to more definitely allege what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact in pleading the elements of assault and battery. In Count III, Plaintiff is required to more definitely state the underlying factual allegations to support her claim as set forth in the statute, 18 U.S.C. §2422(b) and §2455. Rule 12(e). See discussion of law below herein. 3. Also, Plaintiff's reference in Count III to 28 U.S.C. §2255, pertaining to habeas corpus proceedings is required to be stricken as immaterial. Rule 12(f). Plaintiff is required to more definitely state what statutory provision she is relying on. Rule 12 (e). WHEREFORE, Defendant respectfully requests that this Court dismiss Counts I and III, strike the immaterial statutory reference, and require Plaintiff to more definitely plead the underlying elements of her claims. Supporting Memorandum of Law Standard on Rule 12(b)(6) Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp. I. Twombly, 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief that is plausible on its face." Id, at 1974. Although the complaint need not provide detailed factual allegations, the basis for relief EFTA00175758 • Case 9:08-cy-80.._z-KAM Docun.... it 41 Entered o.. .-LSD Docket 10, _J/2008 Page 3 of 10 Case No. CV-80232-Marra-Johnson Page No. 3 in the complaint must state "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id, at 1965. Further, "[f]actual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as true and construed in the light most favorable to the plaintiff. . I. DeKalb County Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). Significantly, the Supreme Court in Bell Atlantic Corp.'. Twombly abrogated the often cited observation that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove not set of facts in support of his claim that would entitle him to relief." Id, (abrogating and quoting Conley I. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibility that a plaintiff might later establish some 'set of [undisclosed] facts' to support recovery." Id. As explained by the Supreme Court in Bell Atlantic Corp. supra at 1664-65: ir While a complaint attacked by a Rule 12(b)(6) moti to dismiss does not need detailed factual allegations, ibid.. Sanivan . American Bd. of Psychiatry and Neurology. Inc., 40 F.3d 247, 251 (C. .7 1994), a plaintiffs obligation to provide the "grounds" of his "entitle[ment] to relief" requires more than labels and conclusions, and a formutic recitation of the elements of a cause of action will not do, see Papasan . Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of action"), on the assumption that all the allegations in the complaint are true (even if EFTA00175759 Case 9:08-cv-80,.. _2-KAM Docurn,...it 41 Entered a,. .-LSD Docket 10,..../2008 Page 4 of 10 Case No. CV-80232-Marra-Johnson Page No. 4 doubtful in fact), see, e.g., Swierkiewiczt. Sorema N. A., 534 U.S. 506, 508, n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (200 ; Neitzli. Williams 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) Rule 12(b)(6) does not countenance dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer‘f. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a we I-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). Pursuant to Rule 12(e), a party may move for more definite statement of a pleading to which a responsive pleading is allowed where the pleading "is so vague or ambiguous that the party cannot reasonably frame a response." The motion is required to point out the defects and the desired details. Id. Count I — "Sexual Assault and Battery" is subject to dismissal as Plaintiff has failed to state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co.1. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a legal unit, or a single concept, "assault and battery are separate and distinct legal concepts, assault being the beginning of an act which, if consummated, constitutes battery." 3A Fla.Jur.2d Assault §1. An assault and battery are intentional acts. See generally Spivey'. Battaglia, 258 So.2d 815 (Fla. 1972); and Travelers Indem. Co.". PCR. Inc. 889 So.2d 779 (Fla. 2004). An "assault" is an intentional, unlawful offer of corporal injury to another by force, or exertion of force directed toward another under such circumstances as to create a reasonable fear of imminent peril. See Lay 1. Kremer, 411 So.2d 1347 (Fla. 1st DCA 1982). It must be premised upon an affirmative act - a threat to use force, or the actual exertion of force. See 3A Fla.Jur.2d Assault §1("The essential element of the tort of assault is the violence offered, and not actual physical contact."). EFTA00175760 Case 9:08-cv-80,._z-KAM Docurr.....it 41 Entered o.. .•LSD Docket 10,_,,12008 Page 5 of 10 Case No. CV-80232-Marra-Johnson Page No. 5 Tort of "battery" consists of the infliction of a harmful or offensive contact upon another with the intent to cause such contact or the apprehension that such contact is imminent. Quilling'. Price, 894 So.2d 1061 (Fla. 5th DCA 2005); Sullivan'. Atlantic Federal Savings & Loan, 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the intentional infliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Jur.2d Assault §1. With the standard of pleading established in Twomblv, supra, in the context of the elements for assault and battery, Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(6). As to the elements of assault, here are no factual allegations as to what was said or done to Plaintiff such that it constituted an "intentional, unlawful offer of corporal injury to another by force, or exertion of force directed toward another under such circumstances as to create a reasonable fear of imminent peril." See ¶12 of Am. Comp. The same is true for the claim of battery. Plaintiff makes the general allegation in ¶12 that "he (Defendant) laid down on the massage table, and sexually assaulted Jane during the massage." Under applicable law, Plaintiff is required to give more than labels and conclusions, and a formulaic recitation of the elements of a cause of action. Twomblv, supra. Plaintiff is required to allege the facts of what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact? As noted in the introduction and as this Court is well aware, there is more than one action brought against this Defendant attempting to allege similar sounding claims. With all due respect, the details as to a particular claim asserted by a particular Plaintiff EFTA00175761 Case 9:08-cv-80',....2-KAM DocurrkAit 41 Entered o,. LSD Docket 10'1/4-i/2008 Page 6 of 10 Case No. CV-80232-Marra-Johnson Page No. 6 are important to give this Defendant fair notice of Plaintiffs claim so he may properly respond. Accordingly, under applicable law, Plaintiff has failed to state a claim for sexual assault and battery. In the alternative to dismissing Count I, Defendant requests that Plaintiff be required to give more definite statement as to what was done to her; what EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what was the intentional offensive or harmful contact in pleading the elements of assault and battery. Rule 12(e). Count Ill — "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. 42422" • is subject to dismissal as Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(6). Count Ill also contains an Immaterial reference to 28 U.S.C. §2255, which is required to be stricken and more definitely stated. Count Ill of Plaintiffs Complaint attempts to assert a claim for "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422." In her prayer for relief in Count III, Plaintiff "demands judgment against Defendant Jeffrey Epstein for all damages available under 28 U.S.C. §2255(a), ." Although the reference to "28 U.S.C. §2255," pertaining to habeas corpus proceedings - federal custody and remedies on motion attacking sentence, is probably a typographical error by Plaintiff, and the reference to "28" was meant to be "18," Defendant requests that Plaintiff correct this error so that Defendant may have fair notice of the claim Plaintiff is attempting to assert. Whether or not the "28" is typographical error, Defendant Is still entitled to dismissal of the count. The applicable version of these statutory provisions, (pre-2006 Amendments, as the Amended Complaint alleges a time period of "in or about 2004-2005," ¶8), provides: EFTA00175762 Case. _-KAM Docurn,...a 41 Entered o, LSD Docket 10, ./2008 Page 7 of 10 Case No. CV-80232-Marra-Johnson Page No. 7 CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES § 2422. Coercion and enticement (a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal Injuries (a) Any minor who is a victim of a violation of section 2241(c), 2242 2243 2251, 2251A 2252, 2252A, 2260 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. Relevant to Plaintiffs complaint, 18 U.S.C. 2255(a) creates a civil remedy for "a minor who is a victim of a violation of section ... 2422 ... of this title and who suffers personal injury as a result of such violation ... ." Plaintiff has failed to plead any factual allegations whatsoever pertaining to violations of 18 U.S.C. 2422. Rather, Plaintiff has alleged condusory allegations simply attempting to track parts of the statutory language EFTA00175763 Cese'9:08-cv-80i. _-KAM Docuni‘....( 41 Entered oi. . LSD Docket 10k ..,2008 Page 8 of 10 Case No. CV-80232-Marra-Johnson Page No. 8 in the statute without underlying factual allegations pertaining to the Plaintiff and any conduct by Defendant. See ¶29 of Am. Comp. Plaintiff's allegations, (or lack of factual allegations), are precisely what the standard set forth by the Supreme Court in Bell Atlantic Corp. prohibits — Plaintiffs complaint alleges only "labels and conclusions, and a (partial) formulaic recitation of the elements." First, the Amended Complaint fails to designate whether Plaintiff is relying on §2422(a) or §2422(b). Second, although the complaint does contain a partial tracking of the language in 18 U.S.C. §2422(b), it contains absolutely no factual allegations concerning the requisite "using the mail or any facility or means of interstate or foreign commerce" by Plaintiff to state a cause of action based on a violation of 18 U.S.C. 2422(b). As well, there are no underlying factual allegations involving this Plaintiff as to the requisite elements that a defendant knowingly persuaded, induced, enticed, or coerced any individual (Plaintiff in this case) who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempted to do so. See 18 U.S.C. 2422(b); i.e. with what criminal offense could Plaintiff and Defendant have been charged. Again, a Plaintiff cannot simply track the language of a statute without some underlying factual allegations to state a claim upon which relief can be granted. Accordingly, Count Ill is required to be dismissed, and the reference to 28 USC 2455 be stricken. In the alternative, Plaintiff should be required to more definitely state the underlying factual allegations to support her claim as set forth in the statute, 18 U.S.C. §2422(b) and §2455. EFTA00175764 • Oase _-KAM Docunk- a 41 Case No. CV-80232-Marra-Johnson Page No. 9 Entered di. . LSD Docket 10/....,2008 Page 9 of 10 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and Ill, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Plaintiff's complaint lack underlying factual allegations and, thus, Plaintiff is required to more definitely state the requisite factual allegations. Finally, Plaintiff should correct any improper statutory references. 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 6Ih day of October 2008: Adam D. Horowitz, Esq. Jeffrey Marc Herman, Esq. Stuart S. Mermelstein, Esq. 18205 Biscayne Boulevard Suite 2218 Miami. FL 33160 ounse or Plaintiff Jane Doe #3 Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 ounsel for Defendant Jeffrey Epstein Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 i-ax: Counse or een ant Jeffrey Epstein EFTA00175765 Case 9:08-cv-802._ .-KAM Documb..t 41 Entered oil . LSD Docket 10/t......2008 Page 10 of 10 Case No. CV-80232-Marra-Johnson Page No. 10 Respectfully submitte By: ROBERT D. CR TON, JR., ESQ. Florida Bar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar #617296 BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 ach, FL 33401 Phone Fax (Co-Counsel for Defendant Jeffrey Epstein) EFTA00175766 Case 9:08-cv-L32-KAM Document 37 Enterect uil FLSD Docket 0rz2/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA/JOHNSON JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. AMENDED COMPLAINT Plaintiff, Jane Doe No.3 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties. Jurisdiction and Venue Jane Doe is a citizen and resident of the State of Florida, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon her when she was a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §139I(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. HERMAN & MERMELSTEIN, P. A. - 1 - EFTA00175767 Case 9:08-cv-8..._32-MM Document 37 Entered ....I FLSD Docket 09,c2/2008 Page 2 of 8 Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. Ile is himself a man of tremendous wealth, power and influence. Ile maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. lie engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. An integral player in Epstein's Florida scheme was a Palm Beach Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms. would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms to bring one or more underage girls to the residence. Ms upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. HERMAN & MERMELSTEIN, P. A. - 2 - EFTA00175768 Case 9:08-O/-8-32-KAM Docufflent 37 Entere6 .,It FLSD Docket 09/z2/2008 Page 3 of 8 II. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the victim would be brought to the kitchen. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was alone in this room, Epstein would enter wearing only a towel to cover his private area. He then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including and touching the girl sexually. 12. Consistent with the foregoing plan and scheme, Ms. recruited Jane Doe to give Epstein a massage for monetary compensation. Ms brought Jane to Epstein's mansion in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on the massage table, and sexually assaulted Jane Doe during the massage. In addition, Jeffrey Epstein masturbated during the massage. 13. After Epstein had completed the assault, he left the room. Jane was then able to leave the room and go back down the stairs. She then met Ms. again who brought Jane home. Jane was paid $200 by Epstein. Ms. was also paid by Epstein for bringing Jane to him. 14. As a result of this encounter with Epstein, the 16-year old Jane experienced trauma, shock, confusion, shame, humiliation and embarrassment. COUNT I Sexual Assault and Battery 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein acted with intent to cause an offensive contact with Jane Doe, or an imminent apprehension of such a contact, and Jane Doe was thereby put in such imminent apprehension. 17. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane HERMAN a, MERMELSTEIN, P. A. - 3 - EFTA00175769 Case 9:08-cv-8La-KAM Document 37 Enterecli,.., FLSD Docket 0‘,..2/2008 Page 4 of 8 Doe, creating a reasonable fear of imminent peril. 18. Epstein intentionally inflicted harmful or offensive contact on the person of Jane Doe, with the intent to cause such contact or the apprehension that such contact is imminent. 19. Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts were intentional, unlawful, offensive and harmful. 20. Epstein's plan and scheme in which he committed such acts upon Jane Doc were done willfully and maliciously. 21. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentional Infliction of Emotional Distress 22. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 23. Epstein's conduct was intentional or reckless. 24. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency. 25. Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted in mental or sexual injury to Jane Doe, that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired. 26. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had HERMAN & MERMELSTEIN, P. A. -4- EFTA00175770 Case 9:08-cv-8C. .2-KAM Docurri...4 37 Entered FLSD Docket 09,_ .,2008 Page 5 of 8 reason to know that his intentional and outrageous conduct would cause emotional distress and damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing severe emotional distress to Jane Doc. 27. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. COUNT HI Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422 28. Plaintiff Jane Doe repeats and realleges paragraphs I through 14 above. 29. Epstein used a facility or means of interstate commerce to knowingly persuade, induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or sexual activity for which any person can be charged with a criminal offense. 30. Epstein's acts and conduct are in violation of 18 U.S.C. §2422. 31. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages. 32. Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fee. WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey Epstein for all damages available under 28 U.S.C. §2255(a), including without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as this Court deems just and proper. HERMAN & MERMELSTEIN, P. A. - 5 . EFTA00175771 base 9:08-cv-L.._32-KAM Document 37 Entereo i FLSD Docket iri,c2/2008 Page 6 of 8 JURY TRIAL DEMAND Plaintiff demands a jury trial in this action on all claims so triable. Dated: September 22, 2008 Respectfully submitted, By: s/ Jeffrey M. Herman Jeffre M. Herman FL Bar No. 521647) Stuart S. Mermelstein (FL Bar No. 947245) Adam D. Horowitz (FL Bar No. 376980) HERMAN & MERMEISTEIN, P. A. - 6 - HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax: EFTA00175772 Case 9:08-cv-8L..,2-KAM Document 37 Entered L.. FLSD Docket 09L/2008 Page 7 of 8 CERTIFICATE OF SERVICE I hereby certify that on September 22, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jeffrey M. Herman HERMAN & MERMELSTEIN, P. A. - 7 - EFTA00175773 Case 9:08-cv- __32-KAM Document 37 Entere FLSD Docket 0L2/2008 Page 8 of 8 SERVICE LIST DOE vs. JEFFREY EPSTEIN CASE NO.: 08-CV-80380-MARRA/JOHNSON United States District Court, Southern District of Florida J Jack Alan Goldber er Esq. Michael R. Tein Esq Robert D. Critton Michael Pike Es . /s/ Jeffrey M. Herman HERMAN S. MERMELSTEIN. P. A. - 8 - EFTA00175774