EFTA00175470.pdf

CM/ECF - Live Database - flsd Page 1 of 5 LSS U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80811-KAM v. Epstein et al Date Filed: 07/21/2008 Assigned to: Judge Kenneth A. Marra Jury Demand: Plaintiff Cause: 28:1332 Diversity Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity Plaintiff represented by Richard Horace Willits Richard H Willits PA 2290 10th Avenue North Suite 404 Lak o h FL 33461 Fax: Email: LEAD ATTORNEY TO BE NOTICED V. Defendant Jeffrey Epstein represented by Bruce Reinhart Bruce E. Reinhart, P.A. 250 S. Australian Avenue Suite 1400 West Palm Beach , FL 33401 Fax: Email LEAD ATTORNEY ATTORNEY TO BE NOTICED Guy Alan Lewis Lewis Tein 3059 Grand Avenue Suite 340 Coconut Grove , FL 33133 Fax: 442-6744 Email: LEAD ATTORNEY https://ectflsd.uscourts.gov/cgi-bin/DktRpt.p17254617312841442-L_801_0-1 10/8/2008 EFTA00175470 CM/ECF - Live p-fabase - flsd Page 2 of 5 ATTORNEY TO BE NOTICED Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach , FL 33401-5012 Fax: 835-8691 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ross Tein Lewis Tein 3059 Grand Avenue Suite 340 Coconut Grove , FL 33133 Fax: 4 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael James Pike Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 West Palm Beach , FL 33401-2918 Fax: 515-3148 Email: [email protected] ATTORNEY TO BE NOTICED Robert Deweese Critton , Jr. Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 West Palm Beach , FL 33401-2918 Fax: Email: ATTORNEY TO BE NOTICED Defendant represented by Bruce Reinhart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED https://eclfisd.uscourts.gov/cgi-bin/DktRpt.pl?254617312841442-L801 3)-1 10/8/2008 EFTA00175471  CM/ECF - Live Pniabase - tlsd Page 3 of 5 . t Guy Alan Lewis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jack Alan Goldberger (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ross Tein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # clear Docket Text 07/21/2008 I r NOTICE OF REMOVAL Filing fee $350 Receipt#: 724505, filed by Jeffrey Epstein, .(rb) (Entered: 07/21/2008) 07/22/2008 2 r ORDER of Instructions. Signed by Judge William J. Zloch on 7/22/2008. (be) (Entered: 07/22/2008) 07/25/2008 3 r MOTION for Hear' Defendants' Requestfor Oral Argument by Jeffrey Epstein, . (Tein, Michael) (Entered: 07/25/2008) 07/25/2008 4 MOTION for Extension of Time to File Answer Defendants Motionfor r Enlargement of ' Answer or Otherwise Respond to Complaint by Jeffrey Epstein, . (rein, Michael) (Entered: 07/25/2008) 07/25/2008 5 r NOTICE by Jeffrey Epstein, Notice ofRelated Actions (Tein, Michael) (Entered: 07/25/2008) 07/25/2008 6 Sealed Document. (igo) (Entered: 07/25/2008) 07/25/2008 7 Sealed Document. (igo) (Entered: 07/25/2008) 07/29/2008 8 ORDER denying without prejudice 4 Motion for Extension of Time to r Respond to Complaint. Signed by Judge William J. Zloch on 7/28/2008. (be) (Entered: 07/29/2008) 07/30/2008 2 MOTION for Extension of Time to File Answer Defendants' Renewed Motionfor Enlargement of Ti r Otherwise Respond to F Complaint by Jeffrey Epstein, (Attachments: # I Text of Proposed Order Proposed Order)(Tein, Michael) (Entered: 07/30/2008) 07/30/2008 10 PAPERLESS ORDER denying a Motion for Hearing. Signed by Judge William J. Zloch on 7/30/2008. (be) (Entered: 07/30/2008) 08/06/2008 II PAPERLESS ORDER granting 2 Motion for Extension of Time to Respond to Complaint. Signed by Judge William J. Zloch on 8/6/2008. (be) (Entered: 08/06/2008) https://ecf.fisd.uscourts.gov/cgi-bin/DktRpt.p17254617312841442-L_801_0-1 10/8/2008 EFTA00175472 CM/ECF - Live Database - flsd Page 4 of 5 08/07/2008 12 MOTION to Reassign Case TO JUDGE KENNETH MARRA by_.. r (Willits, Richard) (Entered: 08/07/2008) 08/07/2008 D MEMORANDUM in Opposition re 6 Seaainent, 7 Sealed r Document TO MOTION TO STAY filed b (Willits, Richard) (Entered: 08/07/2008) 08/14/2008 14 PAPERLESS ORDER denying 12 Motion to Reassign Case. Signed by Judge William J. Zloch on 8/14/2008. (be) (Entered: 08/14/2008) 08/18/2008 15 MOTION for Extension of Time to File Reply Defendants' Motionfor An r Enlargement ofTime to File R alBecause of Tropical Storm Fay by Jeffrey Epstein, (Attachments: # 1 Text of Proposed Order)(Tein, Michae nter : 8/18/2008) 08/18/2008 1() I_ SCHEDULING REPORT- Rule 26(1). (rein, Michael) (Entered: 08/18/2008) 08/20/2008 17 Sealed Document. (rb) (Entered: 08/20/2008) 08/25/2008 18 PAPERLESS ORDER granting 15 Motion for Extension of Time to Respond. Signed by Judge William J. Zloch on 8/25/2008. (be) (Entered: 08/25/2008) 08/27/200s 19 r NOTICE by Jeffrey Epstein Notice ofAppearance (Pike, Michael) (Entered: 08/27/2008) 08/28/2008 Clerks Notice of Docket Correction and Instruction to Filer re 19 Notice (Other) filed by Jeffrey Epstein. Error - Wrong Event Selected; Correction - Redocketed by Clerk as NOTICE of Attorney Appearance. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (ail) (Entered: 08/28/2008) 08/28/2008 20 NOTICE of Attorney Appearance by Michael James Pike, Robert Deweese Critton, Jr on behalf of Jeffrey Epstein. Redocketed SEE Image 2 (ail) (Entered: 08/28/2008) 09/03/2008 21 ORDER REASSIGNING CASE. Case reassigned to Judge Kenneth A. Marra for all further proceedings. Judge William J. Zloch no longer r assigned to case. Signed by Judge William J. Zloch on 8/29/2008. (tb) (Entered: 09/03/2008) 09/06/2008 22 r MOTION to Preserve Evidence by (Willits, Richard) (Entered: 09/06/2008) 09/06/2008 23 MOTION to Expedite certain discovery by (see image 22 ) (tb) (Entered: 09/09/2008) 09/09/2008 Clerks Notice of Docket Correction and Instruction to Filer re 22 MOTION to Preserve Evidence filed by. ,... Error - Motion with Multiple Reliefs Filed as One Relief; orrection - Additional relief(s) _23_ docketed by Clerk. Instructions to filer - In the future, please select all applicable reliefs. It is not necessary to refile this document. (tb) (Entered: 09/09/2008) Intps://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?254617312841442-L 801_0-1 10/8/2008 EFTA00175473 CM/ECF - Live Database - flsd Page 5 of 5 09/15/2008 24 ORDER denying in part 22 Motion to Preserve Evidence; granting in part r 23 Motion to Expedite. Signed by Judge Kenneth A. Marra on 9/14/08. (ir) (Entered: 09/15/2008) View Selected or Download Selected PACER Service Center Transaction Receipt 10/08/2008 17:27:40 PACER Login: du4480 Client Code: Description: Docket Report Search Criteria: K v-80811- 9:AM08-c Billable Pages: 3 Cost: 10.24 https://ect flsd.uscourts.gov/cgi-bin/DktRpt.p17254617312841442-L_801_0-1 10/8/2008 EFTA00175474 Case 9:08-cv-8L .1-KAM Docurr.... it 24 Entered L. FLED Docket Og .../2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80811-CIV-MARRA/JOHNSON Plaintiff, V. JEF and Defendants. ORDER THIS CAUSE comes before the Court on Plaintiff's Motion to Preserve Evidence and Expedite Certain Discovery (DE 22), filed September 6, 2008. Plaintiff represents that Defendants have not agreed to the relief requested in this motion on the basis that Defendants believe the motion is moot because of another order recently entered by the Court in Doe 11 Epstein, NO. 08-80804-CIV-MARRA. The Court has carefully considered the motion and is otherwise fully advised in the premises. It is ORDERED AND ADJUDGED that Plaintiff's Motion (DE 22) is GRANTED IN PART. Defendants are directed to provide duplicates of all evidence subject to this Court's protective order in Doe 1 Epstein, No. 08-80804-CIV-MARRA (Sept. 5, 2008) to Plaintiff should said evidence be returned to Defendants by the State of Florida. Plaintiff's Motion is DENIED IN PART AS MOOT as to the request to preserve evidence since the evidence in EFTA00175475 Case 9:08-cv-8L I1-KAM Down', it 24 Entered G.. ELSD Docket 09, .A2008 Page 2 of 2 question is already subject to a protective order issued by this Court. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 14ih day of September, 2008. fl KENNETH A. MARRA United States District Judge Copies to: all counsel of record EFTA00175476 Case 9:08-cv-86,.. .1-KAM Docum,..it 22 Entered u.. rLSD Docket 09,,,/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-80811-CIV-MARRA/JOHNSON C.M.A. PLAINTIFF vs. and DEFENDANTS PLAINTIFF'S MOTION TO PRESERVE EVIDENCE AND EXPEDITE CERTAIN DISCOVERY WITH INCORPORATED MEMORANDUM Plaintiff moves, pursuant to Rules 26 and 34 to Preserve Evidence and Expedite the Discovery of this Evidence and states: 1. Defendants removed this action to federal court. 2. This case was recently reassigned to this division by the Honorable William Zloch. 3. This is one of several cases pending in this division which alleges sexual abuse of a female minor by the defendant JEFFREY EPSTEIN. 4. It has come to the attention of the undersigned that Defendant JEFFREY EPSTEIN filed a Motion with the Florida State Court to return the evidence seized at his home in conjunction with his criminal prosecution. With respect to the details of EPSTEIN's motion, Plaintiff respectfully requests this court to take EFTA00175477 Case 9:08-cv-8L .1-KAM Doom_ ..t 22 Entered L. FLSD Docket Oth . )2008 Page 2 of 4 judicial notice of a similar motion and its attachments filed at Docket Entry 12 in the separate case filed in this court by the name of JANE DOE, a/k/a. JANE DOE NO. 1 v. JEFFREY EPSTEIN et al. Case NO. 08-80804-CIV-MARRADOMISON 5. This evidence is relevant and critical to the prosecution of not only the instant claim, but for other suits filed against Defendant EPSTEIN, including but not limited to the Florida RICO claims filed in State Court. 6. As stated in the certificate, the undersigned has conferred with counsel for EPSTEIN. They take the position that this motion would be moot because of an order recently entered in JANE DOE, a/k/a. JANE DOE NO. 1 v. JEFFREY EPSTEIN et al. Case NO. 08-80804-CIV-MARRA/JOHNSON. However, respectfully believes that an enforceable order is needed in this particular case. In addition, she requests a more detailed order which includes all of the numerous law firms representing the defendants EPSTEIN and WHEREFORE, Plaintiff respectfully request the Court grant her Motion to Preserve of all the seized Evidence identified in the Palm Beach Police Department Property Receipt attached to the Motion to Preserve Evidence filed at Docket Entry #12 in the case of JANE DOE, a/k/a. JANE DOE NO. 1 v. JEFFREY EPSTEIN et al. Case NO.08-80804-CIV-MARRA/JOHNSON should it be Returned to EPSTEIN by the State Court, and expedite the duplication of this evidence immediately upon its return, in advance of any Rule 26 conference. EFTA00175478 Case 9:08-cv-86, .1-KAM DocurL.,t 22 Entered u. FLSD Docket 09, J2008 Page 3 of 4 MEMORANDUM OF LAW Pursuant to Rules 26, 30 and 34, of the Federal Rules of Civil Procedure, this court has the authority to modify the normal time limitations under the Rules. See AT&T Mobility LLC v. Dynamic Cellular Corp., 2008 WL 2139518 (S.D. Fla. 2008); see also Tradone Wireless, Inc. v.King Trading, Inc., 2008 WL 918243 (N.D. Tex. 2008). Additionally, when there is a good faith belief that evidence may be lost the Court has the authority to enter an Order preserving such evidence. Id. at 1. An injunction is not required nor are the elements of an injunction necessary before entering an Order preserving such evidence. Id. at 2. Given that Defendant EPSTEIN has plead guilty and is currently serving a year in jail based on the charges which form the foundation Plaintiffs (and many other Plaintiffs') claims, it is reasonable to assume the State's seized evidence is extremely harmful to Defendant EPSTEIN. As a result, without a Protective Order Defendant EPSTEIN has no reason to keep or maintain this negative evidence; Plaintiff has put Defendant EPSTEIN on notice that this evidence is relevant to the instant action and any destruction could potentially constitute spoliation. If this evidence were destroyed Plaintiff would be severely prejudiced. Dated: September 6, 2008 Respectfully submitted, By: s/Richard H. Willits Richard H. Willits (FL Bar No. 139888) RICHARD H. WILLITS, P.A. Attorne for Plaintiff 2290 10th Ave. North, Suite 404 Tel: Fax: 561-582-7600 EFTA00175479 Case 9:08-cv-8L.1-KAM Docurt.....t 22 Entered ca. rLSD Docket oa J2008 Page 4 of 4 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 I hereby certify that I conferred with opposing counsel by telephone on August 7, 2008 concerning a good faith effort to resolve the Motion to Stay, and they oppose the motion on the ground that it would be moot. s/Richard H. Willits CERTIFICATE OF SERVICE I hereby certify that on September 6, 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/Richard H. Willits SERVICE LIST Michael Tein, Esq. -- Jack Goldberger, Esq. Bruce Reinhart, Esq. — Michael Pike, Esq. Robert Critton, Esq. EFTA00175480  D 'ase 9:08-cv-8(,_ .1-KAM Docu....:nt 1 Entered oi. • LSD Docket 07i..'2008 FIFA/All Ogif0 D.C. July 21, 2008 UNITED STATES DISTRICT COURT STITCH M. LARIMORE SOUTHERN DISTRICT OF FLORIDA CLERK V.S. DIST. CT. S.O. OF FLA. - MIAMI CASE NO.: C.M.A., 08-80811-Civ-ZLOCH/SNOW Plaintiff, vs. N and Defendants. NOTICE OF REMOVAL In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(aX1), the defendants, Jeffrey Epstein and hereby remove this action' from Palm Beach County Circuit Court to the United States District Court for the Southern District of Florida, and respectfully state as follows: 1. This case is within the original jurisdiction of this Court. This case is properly removable because it falls within the original jurisdiction of the United States District Court for the Southern District of Florida. See 28 U.S.C. § 1332(a)(1) (establishing that federal district courts have original v. Epstein et at, Case No. 50 2008 CA 005240 XXXX MB (Fla. 15th Cir. Ct. filed Feb. 21, 2008). LeV4tir ifixte. 7059 GIMDAvniui,Sun 340, Cowart Gem. RONDA 33133 1 0140 EFTA00175481 7 Ce Case 9:08-cv-8(.... .1-KAM Douai...int 1 Entered ol. . LSD Docket 07i._ ./2008 Page 2 of 40 jurisdiction over cases where the amount "in controversy [is more than $75,000] . . . and [when the controversy] is between citizens of different states"). 2. The amount in controversy in this action exceeds $75,000. The Complaint contains a generic prayer for relief.2 It is clear, however, that the plaintiff seeks more than $75,000 in damages. This case seeks damages in connection with alleged sexual misconduct. (Compl. ¶¶ 6-7,) The Complaint alleges that has "suffered mental anguish, mental pain and suffering, psychic trauma, and a loss of the capacity for the enjoyment of life." (Compl. ¶ 9.) These are serious allegations. Cf., e.g., Woods v. Southwest Airlines, Co., 523 F. Supp, 2d 812, 820 (N.D. III. 2007) (determining, in the context of diversity jurisdiction, that the $75,000 threshold had been satisfied, and "clearly [surpassed]," based on "the nature of the injuries alleged" in the complaint); see also Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (11th Cir. 2001) ("When [a] complaint does not claim a specific amount of damages, removal from state court is proper if it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement."). 2 The Complaint seeks damages for "[more than] . . . $15,000." (Compl. ¶ I.) This boilerplate is routinely used in Florida pleading practice to trigger application of section 26.012, Florida Statutes, the statute that establishes the jurisdictional amount required for filing in Florida's Circuit Court (as opposed to County Court). 2 Lewis Min PI. 3059 GRANOAVIP44, Sum 340, Cocann Gaon. teem33133 2 0140 EFTA00175482 • 'Case 9:08-cv-13L_ 11-KAM Docul..,Int 1 Entered oh. LSD Docket 07,-.12008 Page 3 of 40 Further, the allegations by this plaintiff are virtually identical to allegations made in four separate civil actions, filed by four different plaintiffs, against Mr. Epstein in federal court.3 In each of those actions, the plaintiffs are seeking damages in excess of $50 million - - well over the $75,000 amount-in -controversy requirement for diversity jurisdiction. See Jane Doe No. 2 at D.E. 1 ¶ 4; Jane Doe No. 3 at D.E. I ¶ 4; Jane Doe No. 4 at D.E. 1 ¶ 4; Jane Doe No. 5 at D.E. 1 ¶ 4. 3. There is complete diversity. Diversity jurisdiction requires complete diversity. Carden r. Arlcoma Assocs., 494 U.S. 185, 187 (1990) ("Since its enactment, we have interpreted the diversity statute to require 'complete diversity' of citizenship." (citing Strawbridge I. Curtiss, 7 U.S. (3 Cranch) 267, 267-68 (1806))); see also MacGinnitieI. Hobbs Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005) (stating that "[e]omplete diversity requires that no defendant in a diversity action be a citizen of the same state as any plaintiff"). As demonstrated below, this case satisfies the statutory requirement of complete diversity. (a) Plaintiff= is a citizen of Florida. (Compl. ¶ 2.) 3 See Jane Doe No. 2 v. Jeffrey Epstein, No. 08-CV-80119-KAM (S.D. Ha. filed Feb. 6, 2008); Jane Doe No. 3 v. Jeffrey Epstein, No. 08-CV-80232-KAM (S.D. Ha. filed Mar. 5, 2008); Jane Doe No. 4 v. Jeffrey Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed Apr. 14, 2008); Jane Doe No. 5 v. Jeffrey Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14. 2008). 3 LeN70ATQin 3059 Goma Avirem, Sent 340, Cccomit Gaovt, FICSOA 33133 3 of 40 EFTA00175483 ' Case 9:08-cv-iX, .1-KAM Docui...mt 1 Entered oi. . LSD Docket 07/._ .12008 Page 4 of 40 (b) While the Complaint suggests that Mr. Epstein might be a citizen of New York or Florida, he is, in fact, a citizen of the U.S. Virgin Islands. (Epstein Aff. Ex. A.)4 (c) Contrary to the allegations in the Complaint, Defendan is a citizen of New York, not Florida. Stmt. Ex. B.) 4. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446. First, in accordance with 28 U.S.C. § 1446(6), this Notice is timely. Only defendant Epstein has been served with process. Defendant has not yet been served. See Hill Dermaceuticals, Inc." RX Solutions, United Health Group, Inc., No, 6:08-cv-330-Or1-31KRS, 2008 WL 1744794, at *3 (M.D. Fla. Apr. I I, 2008) (concluding that removal petition was timely where it was filed within 30 days after the last defendant was served). Second, in accordance with section 1446(d), defendants have served this Notice of Removal on July 21, 2008, Third, in accordance with section 1446(6), all of the defendants join this Petition and consent to removal. District courts may consider affidavits and other evidence to support removal jurisdiction. See Sierminskil. Transouth Fin. Corp., 216 F.3d 945, 949 (1lth Cir. 2000). 4 lae-WrikATSin n. 3059 GIVJOAYINUL Sun NO. COCONUT Cowl, <tomm 33133 •0140 EFTA00175484  lase Docui...int 1 Entered oh . LSD Docket 07/../2008 Page 5 of 40 5. The State Court docket has been filed. All papers filed in the State Court are attached to this Removal Petition. Conclusion Because this is a civil action between citizens of different states, excluding any fraudulently joined parties, and the amount in controversy exceeds $75,000, exclusive of interests and costs, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(1). WHEREFORE, the defendants, Jeffrey Epstein and remove this case from Palm Beach Circuit Court to the United States District Court for the Southern District of Florida. Respectfully submitted, LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: OM fax 305 442 67 4 f By: GUY A. LEWIS MICHAEL R. TEIN Fla. Bar No. 993522 5 Lewis Teinn ,..„ 3059 GRAso Ay; NIA, Sun MO. CO(.09vi Govt, Fi0909 33133 50100 EFTA00175485  Case 9:08-cv-8L. .1-KAM Docu....int 1 Entered oi. . LSD Docket 07i._.12008 Page 6 of 40 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. Fax. By: Jack A. Goldberger Fla. Bar No. 262013 Attorneysfor Defendant Jeffrey Epstein BRUCE E. REINHART, P.A. 250 South Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Tel. Fax. By: Bruce E. Reinhart Fla. Bar No. 10762 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served this day, July 21, 2008, on counsel of record identified on the service list by U.S. Mail. Michael R. Tein 6 Levyyst_Xsin n. 34359 Gnaw° MINIX, Simi 340. COIOW, G.ovr, I COMA 33133 S of 40 EFTA00175486  Case 9:08-cv-86,- .1-KAM Docul...int 1 Entered or. . LSD Docket 07r,_ ,i2008 Page 7 of 40 Service list Richard H. Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North, Suite 404 Lake 33461 Fax: Counselfor Plaintiff C. M.A. 7 ,,,, n. 3059 GPANDAvl wt. Son 340, COCONUT Gam, FLOPS 33133 Tot 40 EFTA00175487  Case 9:08-cv-86, .1-KAM Docti....int 1 Entered or. . LSD Docket 07r,_.12008 Page 8 of 40 EXHIBIT A I ol 40 EFTA00175488  Case 9:08-cv-8L .1-KAM Docui,.,Int 1 Entered or. . LSD Docket 07r- .12008 Page 9 of 40 AFFIDAVIT OF JEFFREY EPSTEIN I, Jeffrey Epstein, being duly sworn, do depose and state as follows: 1. My name is Jeffrey Epstein, and I am over 18 years of age and otherwise competent to testify. 2. I am a citizen and resident of the U.S. Virgin Islands. 3. My permanent address is in the U.S. Virgin Islands. FURTHER AFFIANT SAYETH NAUGHT. Sworn before me this /1 day of July 2008 Gir(12,.; Notary Public State of Florida NOTARY PLIBUC-S !ATE OF FLORIDA r '''''' Michael R. Tein My commission expires: fi „,„,"iCommissionODD581058 B0NDED THAU Expires: AUG. 03, 20 ATLANTIC BONDLNG CO.,INC Sold. EFTA00175489  Case 9:08-cv-80‘.. I-KAM Docuri—nt 1 Entered on .._SD Docket 07t.. .,2008 Page 10 of 40 EXHIBIT B 10 0140 EFTA00175490  Case 9:08-cv-80i. . i-KAM Docun....iit 1 Entered on .SD Docket 07/...2008 Page 11 of 40 STATEMENT state as follows, based on my personal knowledge: I. 1 am over 18 years of age and otherwise competent to testify. 2. tam a citizen and resident of New York, New York. 3. My permanent address is in New York, New York. 4. 1 have not resided in Florida at any time during the pendency ()Heine Doe v. Jeffrey Epstein, Case No. 50 2008 CA 00656 XXXX MB AB, including upon the removal of that case to federal court. PURSUANT TO 28 U.S.C. § 1746, I STATE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON: , 2008. 11 of 40 EFTA00175491 Case 9:08-c,/,,,811-KAM Doci.....ent 1 EntereA FLSD Docket /2008 Page 12 of 40 STATE COURT PLEADINGS EFTA00175492  Case 9: 08-cv-u,./811-11kAM cMtriegå Docket 05,- I/2008 Page 13 of 40 COURT or Te IN THE CIRCUIT D CIAL CIRCUIT, IN AN FIFTEENTH JUDI ID A. H COUNTY, FLOR FOR PALM BEAC MB he CASE NO.: XX» &no CA 005240 nd~ JEFFREY EPSTEIN, a Defendants. gomPLAINT t!~ and alleges: Y EPSTEIN an sues the Defendants, JEFFRE Plaintiff ), cess of Fifteen 'thou sand Dollars (SI 5,000.00 I. This is on ac tion for damages in ex erest. exclusive ofcosts and int d is a resident of Palm te ria l he ret o, the Pl aintiff, C.M.A. was an Al all times ma years old. 2. nt iff is a fem ale wh o is presently twentrone . Plai Beach County, Florida Y ESPSTON, because is un su re ol di e res ide nc y of defendant JEFFRE 3. The Plaintiff tside of the w Yo rk , Fl or ida , Ncw Mexico, and also ou he hat residences in Ne . continental United Slates was a resident ofFlorida. 4. The defendant, ella rmation, visit httpfiwww.gfi.corn by GM FAXMakes fax server. For more info This tax was received 13440 EFTA00175493  we' vi) 4.uo. va ISM° 10111. JWII Case 9:08-Cv-c../811-KAM Docu...ant 1 Entered ....I FLED Docket 0i,- /2008 Page 14 of 40 COI 'NIA ugh 3. o this count the alleg ations of paragraphs 1 thro 5, Plaintiff incorporates int she was ile th e Pl ai nt iff wa s a minor, beginning when ns wh 6. On numerous occasio d/or seduced JE FF RE Y EP ST EI N intentionally induced en fourteen, the defendant, lous conduct and/or o pe rform ing va rio us acts of lewd and lasoiv the Plaintiff int ned en ce . Th es e ac ts till took place at the mansion ow his pr es sexual performances In ach, Florida. RE Y EP ST EI N wh ich was located in Puirn Be by the defendant JEFF iff was n minor, the defen dant. JEFFREY wh ile the Pl ai nt 7. On numerous occasions the presence of ed va rio us ac ts of lew d and lascivious conduct in EPSTEIN perform dant l to ok pla ce at the ma nsion owned by the defen ts al the Plaintiff. These ac ach, Florida. RE Y EP ST EI N wh ich was located in Palm Be JEFF fendant, JEFFREY s oc ca sio ns wh ile the Plaintiff was n minor, the de 8. On numerou all took place at the the Pl ai nt iff s bre as ts and genitalia, These acts EPSTEIN touched ich was located in Palm ne d by the de fen da nt JEFFREY EPSTEIN wh mansion ow Beaoh, Florida and suffering, psychic Pl ain tiff su ffe re d me ntal anguish, mental pain 9. As a result, the of life. a, en d a los s of the ca pacity for the enjoyment traum NST M AN DS JU DG M EN T FOR DAMAGES AGAI WHEREFORE, THE PLAINTIFF DE OUSAND DOLLARS, IN EX CESS OF FIFTEEN TH AN AM OU NT IAL BY,Illt Y. JEFFREY EPSTEIN,IN IN TE RE ST , AN D FURTHER DEMANDS TR EXCLUSIVE OF COSTS AN D COUNT gh 4, and into this count the alleg ations of paragraphs 1 throu 10. Plaintiff incorporates paragraphs 6 through 9. I re , visit hltp:/vv.vegli.com Ibis lax was received by GFI FAXmaket lex sower. Fes mo inloimation 14{440