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 Date Filed: 09/10/2008 Assigned to: Judge Kenneth A. Marra Jury Demand: Plaintiff Cause: 28:1331 Federal Question Nature of Suit: 710 Labor: Fair Standards Jurisdiction: Federal Question Plaintiff Jane Doe No. 6 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: 9:Am08-c-80994- Description: Docket Report Search Criteria: K 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, 08-CV-80994-Hurley-Hopkins Plaintiff; vs. FILED by VT D.C. ELECTRONIC - JEFFREY EPSTEIN, SEPT. 10, 2008 Defendant. 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. www.hermanlaw.com -1 - EFTA00175894 08-0Me8419-94,_Juriey-Ehartkia.__•1 Entered 14/. . FLSD Docket 09/11,-.)08 Page 2 of 7 of jurisdiction pursuant to 28 U.S.C. §1367(a) over all other claims set forth herein which form part 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. www.hermanlaw.com -2- 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. www.hermanlaw.com -3- 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. www.hermanlaw.com -4- 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. www.hermaniaw.com -5- 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, By: J e M. erman FL Bar No. 521647) tuart S. erme stein FL Bar No. 947245) A .1•1 an vitz 11 FL Bar No. 376980) ..MIL E AN 8, lirTEIN, P.A. Attorneysfor Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax HERMAN 6, MERMELSTEIN, P. A. www.hermanlaw.com -6- EFTA00175899 08-C64380%947h, ,/itypidtopicinsfe...._... 4- orWERSt, -fkbD Docket. .09/1i J08 and serieo 0 tho•teng or other it.eCisealrecalZd by law, The JS-44 civil cover sheet and the information contalned herein nesner replace nor supplement the filing. 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 except as provided FORM.) the civil docket sheet. (SEE INSTRUCTION S ON THE REVERSE OF THE the Cowl for the purpose of initiating Ha) PLAINTIFFS DEFENDANTS JEFFREY EPSTEIN JANE DOE NO. 6, COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (IN U.S. PLAINTIFF CASES ONLY) PALM BEACH COUNTY (EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Herman 8 A, 18205 Biscayne Blvd., Suite 2218, Miami, FL 33180, (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH CPO' (f/t7 S0M^bkr #10 a5 IL BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF (For Diversity Case Only) AND ONE FOR DEFENDANT PTF DEF (PLACE AN X ONE BOX ONLY) PTF DEF Incorporated of Principal Place ol O 4 04 X 3. Federal Question Citizen of This State O t O1 O 1. U.S. Govornmenl Bus/nese in This Slate Plaintiff (U.S. Government Nol a Party) Citizen of Another State 02 O 2 InoOrporaled and Principal Place of O 5 0 5 O 2. U.S. Government O 4. Diversity Glean or Sub)ect ol a Foreign Country O 3 O 3 Business In Mother Stale Delenclant (Indicate Citizenship of Pantos in aom Foreign Nation 0e O III) OF CAUSE. IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT DO NOT CITE JURISDICTION AL 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 TORTS B FORFEITURE A BANKRUPTCY A OTHER STATUS A CONTRACT PENALTY a MO Aofoleso 0 422 AKAN 2111J5C 156 4a) Mao Remodlow4 01+o151014501 PERSONAL INJURY ORO Sew Pada OW 410 Mimi 0 12010/1w a 423 Yahnial 24 LOC 07 430 gado rd110410, OAS ON;RASO Ken 0 DOMAN 00 a 110 Amor* 0 SW 14•601•040241ed PA401•00 Shim* Inc NI 450 CoarnocOCC Ralsedc II 0 14071.94040 awaned a 315A1040 Podia 04.40 0365 Pinaud bondrtawlLIAM 0030 toodr4 403 adotuad 0 160Arodsrvol 00.114,6** X Xdostawd AI a 3,20µ,µ ud4 A and OD/ Annan 1004•04 0 140 RA vino A PROPERTY RIGHTS 470 1544•4440110040 SO Comp 0/KADIKI 0 1304•410•41Emden& LOMA 0101000044 MAO a MO MAY*140. AtIgnen 0 503 Woo 110 104056114A104 ONO 00:0011050 0 150.4440.0 Ad a 1521000"NcI 0giarna 0340 lira. ft:adman, PERSONAL PROPERTY keerestesh ape on:Few. MO Seads1Conoodero CI AO Vold Woos 0 OK Otto 0 DO Paid 641)1010 didet woody' 0 365 VOA %%lido Palo WNW 0 DO Ms foul 0 640 Romeo, 650 Caked 0•441421 Wind • a tee reneveyeloyeemetee A See OrsPelona ben 0371 T00.141.00/6 eao OMPawn, 121J60410 aln AlitladuraI Ica 4150140A1 GAWK Aeonsone.. B SOCIAL SECURITY 1.2 haltaft SablIdad Ad o westersiesmet she a 0 31. Powder Coma OD UmorawalMaw 0 MOW Comma Pe3001511000 AN Kat Moot, Aci O 10$0,11/1010)0•011541011 OM KA 113000) 156 Nod" alInkanatcd Ad 0102 MCI Lao 021) 103 A0041004*Dowida0A a PRISONER PETITIONS A LABOR DM OMEOPAA11(4051011 Unt141E0A1Aaan A REAL PROPERTY A CIVIL RIGHTS 0 1454 SSC MOM Add* Ow, pup/40501) 0 MO Camiallonal0 ol WS Samba 0 ASA 0 210 WO Cordnidoit 0 841V a stamens Wanes kerma. x210 Pa LeborStirtiaoth 0 KO 01104540.45 P a 442EitOdiron Mom OAKS Ad 0 220 IondOmet 11 0120 Id as ilaupasal 'A all 40 1404AWAIXOT/BOSS• 0 6100mere o DO Rol tabs a 0 0 444Wdlid 0 6360441AP01140 ROW"" A FEDERAL TAX SUITS a 240 SOAK Lord 0730 LSI 5b40/01111/1 08060blyallit in, Ma law dal% 0 245 ledPaha UAW 0 44000r Cad 111041a 0400 110+104/4 &COW kg 414111400A 0 5500A Plods Moe., A CAdown. 0 310 Al Ono MalPlwoOt Ad °A0113 0170 Two KA 10•411144 Othedadl 0740 R/daylatw Ad MID RsmePmeeetoc POO 0 711) OW tad Lbjaelon 0701 15450040 Rat to stealymte VI. ORIGIN 1. Original O 2. Removed from O 3. Remanded from O 4. Refilled O 6. Multidistrict Litigation O 7. Appeal to District Judge from Proceeding Stale Court Appellate Court O 5. Transferred from another district (Sixley) Magistrate Judgment 0 CLASS ACTION DEMAND O Check YES only if demanded in X YES VII. REQUESTED CHECK IF THIS IS A complaint: IN COMPLAINT O UNDER F.R.C.P. 23 O NO JURY DEMAND: VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY Jane Doe 2 1 . Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08•CV-80119-MARRA-JOHNSON Jane Doe 3 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 SIGNATURE OF ATTORNEY OF RECORD OM/ UNITED STATES DISTRICT COURT S/F 1.2 REV. 9/94 I FOR OFFICE USE ONLY: Receipt No. Date Paid: ^ Amount Wifp: EFTA00175900