EFTA00175901.pdf

CM/ECF - Live Pqtabase - flsd Page 1 of 2 JMH U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80993-DTICH Jane Doe No. 71 Epstein Date Filed: 09/10/2008 Assigned to: Judge Daniel T. K. Hurley Jury Demand: Plaintiff Referred to: Magistrate Judge James M. Hopkins Nature of Suit: 710 Labor: Fair Cause: 28:1391 Personal Injury Standards Jurisdiction: Federal Question Plaintiff Jane Doe No. 7 represented by Adam D. Horowitz Herman & Mermelstein, P.A. 18205 Biscayne Blvd. Suite 2218 Miami , FL 33160 305-931-2200 Fax: 305-931-0877 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Marc Herman Herman & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami , FL 33160 305-931-2200 Fax: 931-0877 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart S. Mermelstein Herman & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami , FL 33160 305-931-2200 Fax: 931-0877 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ccf flsd.uscourts.gov/cgi-bin/DktRpt.pl?707770149002069-L_801_0-1 10/8/2008 EFTA00175901 CM/ECF - Live nqtabase - flsd Page 2 of 2 Defendant Jeffrey Epstein represented by Robert Deweese Critton , Jr. Burman Critton Luther & Coleman 515 N Flagler Drive Suite 400 West Palm Beach , FL 33401-2918 561-842-2820 Fax: 561-515-3148 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # clear Docket Text 09/10/2008 1 r COMPLAINT against Jeffrey Epstein Filing fee $ 350.00. Receipt#: 544158, filed by Jane Doe No. 7.(vt) (Entered: 09/10/2008) 09/10/2008 FSummons Issued as to Jeffrey Epstein. (vt) (Entered: 09/10/2008) 09/15/2008 NOTICE of Attorney Appearance by Robert Deweese Critton, Jr on behalf r of Jeffrey Epstein (Critton, Robert) (Entered: 09/15/2008) 10/03/2008 4 ACKNOWLEDGMENT OF SERVICE Executed as to 2 Summons F Issued, 1 Complaint Acknowledgement filed by Jane Doe No. 7. (Herman, Jeffrey) (Entered: 10/03/2008) 10/03/200S 5 NOTICE of Striking 4 Acknowledgment of Service filed by Jane Doe No. r 7 by Jane Doe No. 7 (Herman, Jeffrey) (Entered: 10/03/2008) 10/01'200X () SUMMONS (Affidavit) Returned Executed by Jane Doe No. 7. Jeffrey r Epstein served on 9/23/2008, answer due 10/14/2008. (Herman, Jeffrey) (Entered: 10/03/2008) View Selected or Download Selected PACER Service Center Transaction Receipt 10/08/2008 17:38:56 PACER du4480 Client Code: Login: Description: Docket Search 9:08-cv-80993- Report Criteria: i DTKH Billable Pages: I Cost: 0.08 https://ccf.flsd.uscourts.gov/cgi-bin/lAtRpt.pl?7077701490020694,_801_0-1 10/8/2008 EFTA00175902  Case 9:08-cv-b.....,93-DTKH Docui...int 1 Entered III FLSD Docket 09/ . a/200 FiLmaitoe ELECTRONIC 11677D.C. SEPT. 10, 2008 STEVEN M. LARIMORE UNITED STATES DISTRICT COURT CLERK U.S. MST. CT. 5.0. OF FLA. • MIAMI SOUTHERN DISTRICT OF FLORIDA CASE NO • JANE DOE NO. 7, 08-CV-80993-Hurley-Hopkins Plaintiff, vs. JEFFREY EPSTEIN, Defendant. COMPLAINT Plaintiff, Jane Doe No. 7 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe No. 7 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 $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. Additionally, this Court has jurisdiction pursuant to 28 U.S.C. §1331 because Plaintiff alleges a claim under the laws of the United States. This Court has supplemental HERMAN E, MERMELSTEIN, P. A. www.herrnanlaw.com -I- tot? EFTA00175903 08-Ca-80983$„tutter-Hoiak...ts1 Entered FLSD Docket 09, . a/2008 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 16 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. Haley Robson, a Palm Beach Community College student from Loxahatchee, Florida recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Ms. Robson, upon information and belief, generally sought out economically disadvantaged HERMAN 54 MERMELSTEIN, P. A. wvm.hermanlaw.com -2- 2 of EFTA00175904 0.8-CeVe80993,.,tutterMapik.....isi Entered FLSD Docket 00/ J2008 Page 3 of 7 underage girls from western Palm Beach County 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 ofimproper conduct were made. This was an important clement of Epstein's plan. 12. Epstein's plan and scheme reflected a particular pattern and method. The underage victim would be brought to Epstein's mansion, where she would be introduced to Sarah Kellen, Epstein's assistant. Ms. Kellen would then bring the girl 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 . He woulddirect he rigl to give him a massage. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl's vagina. 13. Consistent with the foregoing plan and scheme, when Jane Doe was 16 years old, she was recruited by Haley Robson to give Epstein a massa ge for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once there, Jane was introduced to Sarah Kellen, who led her up the flight of stairs to the room with the massa ge table. In this room, Jane was directed by Epstein to give him a massage. During this massage, Epstein sexually assaulted Jane and masturbated. Epstein then paid Jane money. 14. Jane returned on many occasions to the Palm Beach mansion to provide Epstein with massages for money. On those occasions, Epstein engaged in sexual contact and activity with Jane, which included, among other things, Epstein touching Jane's breasts, placing a vibrator on her vagina and masturbating himself. This sexual abuse continued over a period of approximately 18-24 months. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com -3- 3 WI EFTA00175905 Case 9:08-cv-b....93-DTKH Docui...;nt 1 Entered FLSD Docket 09i . .)2008 Page 4 of 7 15. As a result of these encounters with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries. COUNT I Sexual Assault and Battery 16. Plaintiff Janc Doe repeats and realleges paragraphs 1 through 15 above. 17. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane Doe, creating a reasonable fear of imminent peril and sexual assault. 18. Epstein intentionally inflicted harmful or offensive sexual contact on the person of Jane Doe. 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 Doe No. 7 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 though 15 above. 23. Epstein's conduct was intentional or reckless. HERMAN S. MERMELSTEIN, P. A. www.hermanlaw.corn -4- EFTA00175906 Case 9:08-cv-b...-93-DTKH Doctil ....Int 1 Entereo FLSD Docket 09) /2008 Page 5 of 7 24. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency. 25. Epstein committed willful acts ofchild 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. 26. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous condu ct would cause emotional distress and damage to Jane Doe, or Epstein acted with reckless disreg ard of the high probability of causing severe emotional distress to Jane Doe. 27. As a direct and proximate result of Epstein's intent ional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe menta l anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 7 demands judgm ent against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damag es, and such other and further reliefas this Court deems just and proper. COUNT HI Coercion and Enticement to Sexual Activity in Viola tion of 18 U.S.C. *2422 28. Plaintiff Jane Doe repeats and realleges paragraphs 1 throug h 15 above. 29. Epstein used a facility or means of interstate commerce to knowingly persuade, induce or entice Jane Doc, 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 ofEpstein's violation of 18 U.S.C. §2422, Plain tiffhas suffered personal injury, including mental, psychological and emotional damag es. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com -5- EFTA00175907 Case 6:08-cv-6,..,n-DTKH Docut.idnt 1 Entered i FLED Docket 09, u/2008 Page 6 of 7 32. Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fee. WHEREFORE, Plaintiff Jane Doe No. 7 demands judgm ent 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 claim s so triable. Dated: September i V , 2008 Respectfully su By: Jeffrey M. Herman (FL Bar No. 521647) ihermanftermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) [email protected] Adam D. Horowitz (FL Bar No. 376980) ahorowitzahermanlaw.com HERMAN & MERMELSTEIN, P.A. Attorneysfor Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com -6 - EFTA00175908 08-51 1 4 39.• ,AgYnkl -PPISOtihieW l- CQWgf&ck.rgraD Docket 04/ 012008 Page 7 of 7 The JS-44 owl cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or other papers as required 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 required for the use of the Clerk of the Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 7, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK ORANGE COUNTY (IN U.S. PLAINTIFF CASES ONLY) (EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Herman 8 Mermelsteln, PA., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160,(305) 931.2200 (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH gyi(t/i/ gen earn- grn4-5 H. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF (PLACE AN X ONE BOX ONLY) (For Diversity Case Only) AND ONE FOR DEFENDANT PIE DEF PTF DEE Incorporaled of Principal Place of 0 4 0 4 O 1. U.S. Govenvnenl X 3 Fedora! Coeslion Citizen of This Slate 0 10 I Business In This State Plaintiff (U.S Coyerranenl Not a Party) Citizen of Another Stale 02 0 2 Incorporated and Principal Piece of O 5 05 O 2. US. Government 0 4. Olversity Citizen or SAW of a Foreign Country 0 3 0 3 Business in Another State Defendanl (Instate Citizenship of Ponies in fern Foreign Nation O a 0 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 IVs. I_ days estimated (for both sides) to try entire case F. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE A BANKRUPTCY A OTHER STATUS PENALTY o 009509004 PERSONAL INJURY 0 CO 40(55.4544 Cal Appml 70 LISC RI 400 IRMA FM4059449404 0 I20.44rw. 0 ND 009 Foc0 a am0 410 Art. 130ulim Aci 0 On 049900M OMR, 003 VADVMMI 24 MSC 07 0 310 Mplam 430 flanki inalinktp o 910444000504 'rowan 0302 POMO Mu, IMO MM49540 01Pomo° I USCOM 0 31544044409051400atey 0 350 Powell MmyRocucnot4443 MO CortmecMCC RaesteR II 1)630 Mow tom 440 0•900.149 15°R.s.'" ° "'"" " 's a 320 Mae Ltd a SWee, 0 MO Potato Ponomel A Unbroommol 0030 Fedemll/M4400.CIM3445 vjary PROuP ummer D040 RR. Sings A PROPERTY RIGHTS 470 1111O•Iimit biiinekild Vd rano., 0 340 Wm 43 650 Alm* Plops 0:010104500•4059 4 0 551 Weltommi DON Goomions MO Selm/M100, 438 0 MO Ompowyol 044.0140 0 344 Rolm P945451.19414 PERSONAL PROPERTY Sato954909 0820 Cowl", MO Som0o4/Contr01054/ MOM Loam ((Si 0 330 OOP Voteo El fo0 Oho 0430 Paw EmliMeo OVAra41 0 155 1497. 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Wolin 0 534 09401POrtilty Mare 0 A FEDERAL TAX SUITS 240 Tod 493093 ISOM Cl 440 One 04 R094 0 540 54570•5974 4 Oise 0730 LOOP IMMC•49, 4 0•Ovibrynnelord on Ow cum MO MEOW Asa 47.9444 0 MOCM PV Reporilo I Ilscleuse fa 0€494.9379 'Aire AO 0170 Tams (U S. Pint et 044440444) 0740 Rent IMbonos 0071 445.7loroPany2093C nom 0!44 OPoi ta'MOOR. 0 791 ImpoymRat 9c SmotyAct El VI. ORIGIN x 1. Original 0 2. Removed from ❑ 3. Remanded from 0 4. Refilled 0 6. Multicilstict Ligation 0 7. Appeal to District Judge from Proceeding State Court Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED CHECK IF THIS IS A 0 CLASS ACTION DEMAND S o Check YES only If demanded in X YES IN COMPLAINT O UNDER F R.C.P. 23 mnplaInt: JURY DEMAND: 0 NO VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY Jane Doe 2 i l . 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-S0232-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 08-80381-CIV-MARRNJOHNSON DATE Cerf— (C)1 2,4 O SIGNATURE OF ATTORNEY OF RECORD UNITED STATES DISTRICT COURT FOR OFFICE USE ONLY: Receipt No. S/F 1.2 REV. 0/94 Date Paid: 54#3 Ma EFTA00175909