EFTA00175892.pdf

CM/ECF - Live )nntabase - flsd Page I of 2 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80994-KAM Jane Doe No. 6 v. Epstein Assigned to: Judge Kenneth A. Marra Cause: 28:1331 Federal Question Plaintiff Jane Doe No. 6 Date Filed: 09/10/2008 Jury Demand: Plaintiff Nature of Suit: 710 Labor: Fair Standards Jurisdiction: Federal Question represented by Adam D. Horowitz Herman & Mermelstein, P.A. 18205 Biscayne Blvd. Suite 2218 Miami FL 33160 Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Marc Herman Herman & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Fax: 931-0877 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart S. Mermelstein Herman & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami FL 33160 Fax: 931-0877 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17617389682623668-L 801_0-1 10/8/2008 EFTA00175892 CM/ECF - Live P'tabase - flsd Page 2 of 2 V. Defendant Jeffrey Epstein represented by Robed Deweese Critton , Jr. • Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 es P Im Beach , FL 33401-2918 Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 09/10/2008 1 COMPLAINT against Jeffrey Epstein Filing fee $ 350.00. Receipt#: 544159, filed by Jane Doe No. 6.(mg) (Entered: 09/11/2008) 09/10/2008 2 Summons Issued as to Jeffrey Epstein. (mg) (Entered: 09/11/2008) 09/15/2008 3 NOTICE of Attorney Appearance by Robert Deweese Critton, Jr on behalf of Jeffrey Epstein (Critton, Robert) (Entered: 09/15/2008) 10/03/2008 4 SUMMONS (Affidavit) Returned Executed by Jane Doe No. 6. Jeffrey Epstein served on 9/23/2008, answer due 10/14/2008. (Herman, Jeffrey) (Entered: 10/03/2008) 10/06/2008 5 ORDER OF TRANSFER. Case reassigned to Judge Kenneth A. Marta for all further proceedings. Judge Daniel T. K. Hurley no longer assigned to case. Signed by Judge Daniel T. K. Hurley on 10-6/08. (gp) (Entered: 10/07/2008) 10/08/2008 6 CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge James M. Hopkins no longer assigned as referral judge in case. Case transferred to Judge Marra's paired Magistrate Judge Linnea R. Johnson. Signed by Magistrate Judge James M. Hopkins on 10/8/08. (Iwl) (Entered: 10/08/2008) PACER Service Center Transaction Receipt 10/08/2008 17:41:02 PACER Login: Idu4480 Client Code: Description: Docket Report Search Criteria: K 9:Am08-c-80994- Billable Pages: 1 Cost: 0.08 https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17617389682623668-L_801_0-1 10/8/2008 EFTA00175893 O r. c2/NC.-( Coe 9:08-cv-L..../94-KAM Docume... 1 Entered'..., FLSD Docket 09/11,..J08 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: JANE DOE NO. 6, Plaintiff; vs. JEFFREY EPSTEIN, Defendant. / 08-CV-80994-Hurley-Hopkins FILED by VT D.C. ELECTRONIC - SEPT. 10, 2008 STEVEN M. lARIM0RE CLERK U.S. 01ST. CT. s• 0. Or FLA. • MIAMI COMPLAINT Plaintiff, Jane Doe No. 6 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doc No. 6 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 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. Additionally, this Court has jurisdiction pursuant to 28 U.S.C. §1331 because Plaintiff alleges a claim under the laws of the United States. This Court has supplemental HERMAN 6. MERMELSTEIN, P. A. - 1 - www.hermanlaw.com EFTA00175894 08-0 Me8419-94,_Juriey-Ehartkia.__•1 Entered 1/4. . FLSD Docket 09/11,-.)08 Page 2 of 7 jurisdiction pursuant to 28 U.S.C. §1367(a) over all other claims set forth herein which form part of the same case or controversy. 7. This Court has venue of this action pursuant to 28 U.S.C. §§1391(a) and 1391(b) as a substantial part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 8. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, approximately 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. 9. 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, Jane Doe, then approximately 13 years old, fell into Epstein's trap and became one of his victims. 10. 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. 11. Epstein's scheme involved the use of young girls to recruit underage girls. These underage girls were recruited ostensibly to give a wealthy man a massage for monetarycompensation in his Palm Beach mansion. Epstein, upon information and belief, generally sought out economically disadvantaged underage girls from western Palm Beach County who would be enticed by the money HERMAN Si MERMELSTEIN, P. A. - 2 - www.hermanlaw.com 2 of] EFTA00175895 08-CklettG89ALAuntey-Ropitic...A Entered FLSD Docket 09/11,-a08 Page 3 of 7 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. 12. Epstein's plan and scheme reflected a particular pattern and method. The underage victim would be brought or directed to Epstein's mansion, where she would be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel. lie would then remove his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation. 13. Consistent with the foregoing plan and scheme, when Jane Doe was only 13 years old, she was recruited by another girl to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once there, she was led up the flight of stairs to the room with the massage table. Epstein came into the room and directed Jane to remove her clothes and give him a massage. As directed by Epstein, Jane stripped to her underwear. Epstein then sexually assaulted Jane during the massage. In addition, Epstein masturbated during the massage. Epstein then paid Jane money. 14. As a result of this encounter with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries. COUNT 1 Sexual Assault and Battery 15. PlaintiffJane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane Doc, creating a reasonable fear of imminent peril and sexual assault. HERMAN & MERMELSTEIN, P. A. - 3 - www.hermanlaw.com 3017 EFTA00175896 Case 9:08-cv-b„..)94-KAM Docume,., 1 Entered L... FLSD Docket 09/11,-J08 Page 4 of 7 17. Epstein intentionally inflicted harmful or offensive sexual contact on the person of Jane Doe. 18. Epstein lortiously committed a sexual assault and battery on Jane Doe. Epstein's acts were intentional, unlawful, offensive and harmful. 19. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 20. 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. 6 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 H Intentional Infliction of Emotional Distress 21. PlaintiffJane Doe repeats and realleges paragraphs 1 through 14 above. 22. Epstcin's conduct was intentional or reckless. 23. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency. 24. Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted in mental or sexual injury that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired. 25. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional distress and HERMAN S. MERMELSTEIN. P. A. - 4 - www.hermanlaw.com EFTA00175897 Case 9:08-cv-b../94-KAM Docume... 1 Entered L... FLSD Docket 09/11,J08 Page 5 of 7 damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing severe emotional distress to Jane Doe. 26. 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. 6 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 111 Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. 42422 27. Plaintiff Jane Doe repeats and realieges paragraphs 1 through 14 above. 28. Epstein used a facility or means of interstate commerce to knowingly persuade, induce or cnticc 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. 29. Epstein's acts and conduct are in violation of 18 U.S.C. §2422. 30. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages. 31. Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fee. WHEREFORE, Plaintiff Jane Doe No. 6 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. HERMAN & MERMELSTEIN, P. A. - 5 - www.hermaniaw.com EFTA00175898 Case 9:08-cv-b,..../94-KAM Doane, 1 Entered L... FLSD Docket 09/11,-08 Page 6 of 7 JURY TRIAL DEMAND Plaintiff demands a jury trial in this action on all claims so triable. Dated: September 10 , 2008 Respectfully submitted, HERMAN 6, MERMELSTEIN, P. A. By: J e M. erman FL Bar No. 521647) tuart S. erme stein FL Bar No. 947245) A an .1•1 11 vitz FL Bar No. 376980) - 6 - E AN 8, ..MIL lirTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax www.hermanlaw.com EFTA00175899 08 -C64380%947h, ,/itypidtopicinsfe...._... 4- orWERSt, -fkbD Docket ...09/1i J08 The JS-44 civil cover sheet and the information contalned herein nesner replace nor supplement the filing. and serieo 0 tho•teng or other it.eCisealrecalZd by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United Stales In September 1974. Is requtred for the use of the Clerk of the Cowl for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) Ha) PLAINTIFFS JANE DOE NO. 6, (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF PALM BEACH COUNTY (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS JEFFREY EPSTEIN COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Herman 8 A, 18205 Biscayne Blvd., Suite 2218, Miami, FL 33180, ATTORNEYS (IF KNOWN) (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH IL BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) O 1. U.S. Govornmenl Plaintiff O 2. U.S. Government Delenclant III) X 3. Federal Question (U.S. Government Nol a Party) O 4. Diversity (Indicate Citizenship of Pantos in aom CPO' (f/t7 S0M^ bkr #10 a5 III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Case Only) Citizen of This State Citizen of Another State PTF DEF O t O1 02 O 2 Glean or Sub)ect ol a Foreign Country O 3 O 3 PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place ol O 4 0 4 Bus/nese in This Slate InoOrporaled and Principal Place of O 5 0 5 Business In Mother Stale Foreign Nation 0 e O IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) ACTION FOR SEXUAL ASSAULT UNDER 18 U.S.C. §2422 AND STATE LAW Pia. 5 days estimated (for both sides) to try entire case NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE PENALTY A BANKRUPTCY A OTHER STATUS 01+o151014501 0 12010/1w 0 DOMAN 00 0 14071.94040 awaned 0 160Arodsrvol 00.14,6** X Xdostawd AI AtIgnen 0 150.4440.0 Ad a 1521000"N c I 0giarna didet woody' Wind • a tee reneveyeloyeemetee 4150140A1 GAWK a o westersiesmet she 0 MOW Comma O 10$0,11/1010)0•011541011 PERSONAL INJURY a 110 Amor* 0 SW 14•601•040241ed PA401•00 a 315A1040 Podia 04.40 0365 Pinaud bondrtawl LIAM a 3,20µ,µ ud4 A and OD/ Annan 1004•04 0 1304•410•41 Emden& LOMA 0101000044 MAO 0 503 Woo 0340 lira. ft:adman, PERSONAL PROPERTY keerestesh CI AO Vold Woos 0 365 VOA %%lido Palo WNW 0 DO Ms foul A See Ors Pelona ben 0371 T00.141.00/6 eao OM Pawn, Aeons one.. 0 31. Powder Coma Pe3001511000 a MO Aofoleso ORO Sew Pada OW OAS ON; RASO Ken Shim* Inc NI 0030 toodr4 0 140 RA vino a MO MAY*140. ONO 00:0011050 0 OK Otto 0 422 AKAN 2111J5C 156 a 423 Yahnial 24 LOC 07 4a) Mao Remodlow4 410 Mimi 430 gado rd110410, 450 CoarnocOCC Ralsedc II 403 adotuad 470 1544•4440110040 SO Comp 0/KADIKI 110 104056114A104 MO Seads1Conoodero 641)1010 650 Caked 0•441421 121J60410 aln Alitladura I Ica 1.2 haltaft SablIdad Ad OD Umorawal Maw AN Kat Moot, Aci 156 Nod" al Inkanatcd Ad 103 A0041004*Dowida0A Unt141E0A1Aaan Add* 0 MO Camiallonal0 ol WS Samba 01104540.45 P 0 KO 0 ASA 'A all 08060blyallit in, Ma law dal% kg 414111400A A PROPERTY RIGHTS ape on:Few. 0 DO Paid 0 640 Romeo, B SOCIAL SECURITY OM KA 113000) A REAL PROPERTY A CIVIL RIGHTS a PRISONER PETITIONS A LABOR 0102 MCI Lao 021) DM OMEOPAA11(4051011 0 1454 SSC MOM Ow, pup/40501) 0 210 WO Cordnidoit 0 220 IondOmet 11 o DO Rol tabs a a 240 SOAK Lord 0 245 led Paha UAW 0 310 Al Ono MalPlwoOt 0 841V a 442 EitOdiron 0 40 1404AWAIXOT/BOSS• 0 444Wdlid 0 44000r Cad 111041a a stamens Wanes kerma. Mom OAKS 0 6100 mere 0 6360441AP01140 0400 110+104/4 &COW 0 5500A Plods °A0113 x210 Pa LeborStirtiaoth Ad 0120 Id as ilaupasal ROW"" 0730 LSI 5b40/01111/1 Moe., A CAdown. Ad 0740 R/daylatw Ad 0 711) OW tad Lbjaelon 0701 15450040 Rat to stealymte A FEDERAL TAX SUITS 0170 Two KA 10•411144 Othedadl MID RsmePmeeetoc POO VI. ORIGIN 1. Original Proceeding O 2. Removed from O 3. Remanded from Stale Court Appellate Court (Sixley) O 4. Refilled O 6. Multidistrict Litigation O 7. Appeal to District Judge from O 5. Transferred from another district Magistrate Judgment VII. REQUESTED IN COMPLAINT CHECK IF THIS IS A 0 CLASS ACTION O UNDER F.R.C.P. 23 DEMAND O Check YES only if demanded in X YES complaint: JURY DEMAND: O NO VIII. RELATED (See Instructions): CASE(S) IF ANY (SEE ATTACHED) Jane Doe 2 . Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08•CV-80119-MARRA-JOHNSON Jane Doe 3 1 Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-80232•MARRA-JOHNSON Jane Doe 4 Jeffrey Epstein JUDGE KENNETH A MARRA DOCKET NUMBER 08-CV-80380•MARRA/JOHNSON Jane Doe 5 Jeffrey Epstein JUDGE KENNETH A MARRA DOCKET NUMBER 08.8038LCflb lARRNJOHNSON DATE Sept- Co to 6 UNITED STATES DISTRICT COURT S/F 1.2 REV. 9/94 SIGNATURE OF ATTORNEY OF RECORD I FOR OFFICE USE ONLY: Receipt No. Amount OM/ Date Paid: ^ Wifp: EFTA00175900