048.pdf

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80232-CIV-MARRA Jane Doe No. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. _______________________________/ OPINION AND ORDER ON MOTION TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT THIS CAUSE is before the Court upon Defendant Jeffrey Epstein (“Defendant”)’s Motion to Dismiss and Motion for More Definite Statement, Directed to Plaintiff’s Amended Complaint (DE 41), filed October 6, 2008. Plaintiff Jane Doe No. 3 (“Plaintiff”) filed a response to the motion (DE 45) and Defendant filed a Reply (DE 46). The Court has carefully reviewed the motion, response, and reply, and is otherwise fully advised in the premises. Background On March 5, 2008, Plaintiff filed her Complaint against Defendant (DE 1), which was replaced on September 22, 2008 by an Amended Complaint (DE 37). Plaintiff brings suit alleging Count I - Sexual Assault and Battery; Count II - Intentional Infliction of Emotional Distress; and Count III - Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. § 2422. The facts, as alleged in the Amended Complaint, are as follows: At all relevant times, Defendant was an adult male. Am. Compl. ¶ 7. Defendant engaged in a plan and scheme in Case 9:08-cv-80232-KAM Document 48 Entered on FLSD Docket 02/12/2009 Page 1 of 11 2 which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. Am. Compl. ¶ 8. In or about 2004- 2005, Plaintiff, then approximately 16 years old, became one of Defendant’s victims. Am. Compl. ¶ 8. Defendant carried out his scheme and assaulted girls in Florida, New York, and his private island in St. Thomas. Am. Compl. ¶ 9. Defendant’s scheme involved the use of Haley Robson, a Palm Beach Community College Student from Loxahatchee, Florida, to recruit underage girls. Am. Compl. ¶ 10. Under Defendant’s plan, underage girls were recruited ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Id. Robson would be contacted when Defendant was planning to be at his Palm Beach residence or soon after he arrived. Id. Defendant or someone on his behalf directed Robson to bring one or more underage girls to the residence. Id. Robson 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. Id. This was an important element of Epstein’s plan. Id. Defendant’s plan and scheme reflected a particular pattern and method. Am. Compl. ¶ 11. Upon arrival at Defendant’s mansion, the underage victim would be brought to the kitchen. Id. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Id. Once the girl was alone in the room, Defendant would enter wearing only a towel. Id. Defendant would then lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl sexually. Case 9:08-cv-80232-KAM Document 48 Entered on FLSD Docket 02/12/2009 Page 2 of 11 3 Id. Consistent with the foregoing plan, Robson recruited Plaintiff to give Defendant a massage for monetary compensation. Am. Compl. ¶ 12. Robson brought Plaintiff to Defendant’s mansion in Palm Beach. Id. Plaintiff was led up a flight of stairs to the room with the massage table. Id. She was alone in the room when Defendant arrived wearing only a towel. Id. Defendant laid down on the massage table, and sexually assaulted Plaintiff during the massage. Id. In addition, Defendant masturbated during the massage. Id. After Defendant had completed the assault, Plaintiff was then able to leave the room and go back downstairs. Am. Compl. ¶ 13. She then met Robson again, who brought her home. Id. Defendant paid Plaintiff $200. Id. Defendant also paid Robson for bringing Plaintiff to him. Id. As a result of this encounter, the 16-year-old Plaintiff experienced trauma, shock, confusion, shame, humiliation, and embarrassment. Am. Compl. ¶ 14. Under Count I - Sexual Assault and Battery, the Amended Complaint alleges as follows: Defendant acted with intent to cause an offensive contact with Plaintiff, or an imminent apprehension of such a contact, and Plaintiff was thereby put in such imminent apprehension. Am. Compl. ¶ 16. Defendant made an intentional, unlawful offer of offensive sexual contact toward Plaintiff, creating a reasonable fear of imminent peril. Am. Compl. ¶ 17. Defendant intentionally inflicted harmful or offensive contact on the person of Plaintiff, with the intent to cause such contact or the apprehension that such contact is imminent. Am. Compl. ¶ 18. Defendant tortiously committed a sexual assault and battery on Plaintiff. Am. Compl. ¶ 19. Defendant’s acts were intentional, unlawful, offensive and harmful. Id. Defendant’s plan and scheme in which he committed such acts upon Plaintiff were done willfully and maliciously. Am. Case 9:08-cv-80232-KAM Document 48 Entered on FLSD Docket 02/12/2009 Page 3 of 11 4 Compl. ¶ 20. As a direct and proximate result of Defendant’s assault on Plaintiff, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. Am. Compl. ¶ 21. Under Count II, Intentional Infliction of Emotional Distress, the Amended Complaint alleges as follows: Defendant’s conduct was intentional or reckless. Am. Compl. ¶ 23. Defendant’s conduct with a minor was extreme and outrageous, going beyond all bounds of decency. Am. Compl. ¶ 24. Defendant committed willful acts of child sexual abuse on Plaintiff. Am. Compl. ¶ 25. These acts resulted in mental or sexual injury to Plaintiff, that caused or were likely to cause Plaintiff’s mental or emotional health to be significantly impaired. Am. Compl. ¶ 25. Defendant’s conduct caused severe emotional distress to Plaintiff. Am. Compl. ¶ 26. Defendant knew or had reason to know that his intentional and outrageous conduct would cause emotional distress and damage to Plaintiff, or Defendant acted with reckless disregard of the high probability of causing severe emotional distress to Plaintiff. Id. As a direct and proximate result of Defendant’s intentional or reckless conduct, Plaintiff has suffered and will continue to suffer severe mental anguish and pain. Am. Compl. ¶ 27. Under Count III, Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. § 2422, the Amended Complaint alleges as follows: Defendant used a facility or means of interstate commerce to knowingly persuade, induce or entice Plaintiff, 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. Am. Compl. ¶ 29. As a result of Defendant’s violation of 18 U.S.C. § 2422, Plaintiff has suffered personal injury, Case 9:08-cv-80232-KAM Document 48 Entered on FLSD Docket 02/12/2009 Page 4 of 11 -- 5 including mental, psychological and emotional damages. Am. Compl. ¶ 31. Defendant argues in his motion that Counts I and III of the Amended Complaint must be dismissed for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). Alternatively, Defendant seeks a more definite statement of Counts I and III. Lastly, Defendant argues that the reference in Count III to 28 U.S.C. § 2255 should be stricken as immaterial. Plaintiff responds that the Court should deny the motion because the pleadings at issue contain a short and plain statement of the claims showing that Plaintiff is entitled to relief in accordance with Fed. R. Civ. P. 8(a)(2). Plaintiff contends that the specific facts sough