CM/ECF - Live Pqtabase - flsd

CM/ECF - Live Pqtabase - flsd Page 1 of 2 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 Assigned to: Judge Daniel T. K. Hurley Referred to: Magistrate Judge James M. Hopkins Cause: 28:1391 Personal Injury Plaintiff Jane Doe No. 7 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 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 JMH 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 F Summons Issued as to Jeffrey Epstein. (vt) (Entered: 09/10/2008) 09/15/2008 r NOTICE of Attorney Appearance by Robert Deweese Critton, Jr on behalf of Jeffrey Epstein (Critton, Robert) (Entered: 09/15/2008) 10/03/2008 4 F ACKNOWLEDGMENT OF SERVICE Executed as to 2 Summons Issued, 1 Complaint Acknowledgement filed by Jane Doe No. 7. (Herman, Jeffrey) (Entered: 10/03/2008) 10/03/200S 5 r NOTICE of Striking 4 Acknowledgment of Service filed by Jane Doe No. 7 by Jane Doe No. 7 (Herman, Jeffrey) (Entered: 10/03/2008) 10/01'200X () r SUMMONS (Affidavit) Returned Executed by Jane Doe No. 7. Jeffrey 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 Login: du4480 Client Code: Description: Docket Report Search Criteria: i 9:08-cv-80993- 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 11677D.C. ELECTRONIC JANE DOE NO. 7, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA SEPT. 10, 2008 STEVEN M. LARIMORE CLERK U.S. MST. CT. 5.0. OF FLA. • MIAMI CASE NO • 08-CV-80993-Hurley-Hopkins 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 $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. Additionally, this Court has jurisdiction pursuant to 28 U.S.C. §1331 because Plaintiff alleges a claim under the laws of the United States. This Court has supplemental HERMAN E, MERMELSTEIN, P. A. - I - www.herrnanlaw.com tot? EFTA00175903 08-Ca-80983$„tutter-Hoiak...ts 1 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. - 2 - wvm.hermanlaw.com 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 of improper 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 massage 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 massage 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. - 3 - www.hermanlaw.com 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. - 4 - www.hermanlaw.corn 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 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. 26. 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 damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing severe emotional distress to Jane Doe. 27. 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. 7 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 HI Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. *2422 28. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 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 of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages. HERMAN & MERMELSTEIN, P. A. - 5 - www.hermanlaw.com 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 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. JURY TRIAL DEMAND Plaintiff demands a jury trial in this action on all claims 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. Attorneys for Plaintiff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 HERMAN & MERMELSTEIN, P. A. - 6 - www.hermanlaw.com EFTA00175908 08 • -511439. ,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 JANE DOE NO. 7, (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF ORANGE 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 Mermelsteln, PA., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, (305) 931.2200 (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH H. BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) O 1. U.S. Govenvnenl Plaintiff O 2. US. Government Defendanl X 3 Fedora! Coeslion (U.S Coyerranenl Not a Party) 0 4. Olversity (Instate Citizenship of Ponies in fern ATTORNEYS (IF KNOWN) gyi(t/i/ gen earn- grn4-5 III. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF (For Diversity Case Only) AND ONE FOR DEFENDANT PIE DEF PTF DEE Incorporaled of Principal Place of 0 4 0 4 Citizen of This Slate 0 I 0 1 Citizen of Another Stale 0 2 0 2 Citizen or SAW of a Foreign Country 0 3 0 3 Business In This State Incorporated and Principal Piece of Business in Another State Foreign Nation O 5 05 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 PENALTY A BANKRUPTCY A OTHER STATUS o 009509004 0 I20.44rw. 130 ulim Aci o 910444000504 'rowan 15°R.s.'" ° "'"" " ' s A Unbroommol rano., 0 551 Weltommi 0 MO Ompowyol 044.0140 MOM Loam ((Si OVAra41 o 1031340o9.9 0 045.9toml lT0o44,1549•114 0 0 I0050304009% StAs D MOON Contact CI 1950tiMmiholLatIoN4 PERSONAL INJURY 0 310 Mplam 0302 POMO Mu, IMO MM49540 0 31544044409051400atey 0 350 Powell MmyRocucnot4443 a 320 Mae Ltd a SWee, 0 MO Potato Ponomel 0030 Fedemll/M4400.CIM3445 vjary PROuP ummer 0 340 Wm 0 344 Rolm P945451.19414 PERSONAL PROPERTY 0 330 OOP Voteo 0 155 1497. Twos P9040 LAMM 0 PO 0459 PIM I 7070197 P9 97044 4401 0 311 in. 9 WOE 0 0340 C9•050144044 Past Daus 0305 Pomo/ Damao Pm:5M tot4 M 0 CO 40(55.4544 0 ND 009 Foc0 a am0 0 On 049900M OMR, 01 Pomo° I USCOM 1)630 Mow tom D040 RR. Sings 43 650 Alm* Plops DON Goomions Sato954909 El fo0 Oho Cal Appml 70 LISC RI 003 VADVMMI 24 MSC 07 400 IRMA FM4059449404 410 Art. 430 flanki inalinktp MO CortmecMCC RaesteR II 440 0•900.149 470 1111O•Iimit biiinekild Vd 0:010104500•40594 MO Selm/M100, 438 MO Som0o4/Contr01054/ EmliMeo IRS Man 0 901404 INOC3C0 Ml Mar 0 MO so Euvonesis,a,40..0 405 EnadwourlAitorz 401 tam Moto:on Ad 405 .m440944 ntem7050 MI MO µAY Cl Om 004450194:0 Uroorkoo Ammo o Polo 0 950 Conallmaolhol SIM 5Ukom 0 KO Oto, Oman Acicus • Awe 0•Ovibrynnelord on Ow cum fa 0€494.9379 A PROPERTY RIGHTS 0820 Cowl", 0430 Paw 0440 TraMool, B SOCIAL SECURITY 0 MI NKOMO El IN Ma Lung 0731 0 103 049C4590W (gala 0 604 9940 too XVI 4, MS RS 0051011 A REAL PROPERTY A CIVIL RIGHTS B PRISONER PETITIONS A LABOR MO Led Tordomen 770 4499:94.9 0 T30 Ma lams Memo.% NO TO.0 Lao, 240 Tod 493093 ISOM MO MEOW Asa 47.9444 0441 vccing a 447 0 T740509 44 0 443.0.41‘50140449•709”45 a 41. Wolin Cl 440 One 04 R094 0 4,0110/Mo WOKS Emma IMPS 0:414.4 0 030Gerear 0 534 09401POrtilty 0 540 54570•5974 4 Oise 0 MOCM PV 'Aire 6713 Frit Lan Star030,4 Ad 0 720 1.400,71Mmaxed Mare 0 0730 LOOP IMMC•49, 4 Reporilo I Ilscleuse AO 0740 Rent IMbonos 0!44 OPoi ta'MOOR. 0 791 Impoym Rat 9c SmotyAct El A FEDERAL TAX SUITS 0170 Tams (U S. Pint et 044440444) 0071 445.7loroPany2093C nom VI. ORIGIN x 1. Original 0 2. Removed from Proceeding State Court K 3. Remanded from 0 4. Refilled 0 6. Multicilstict Ligation 0 7. Appeal to District Judge from Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED IN COMPLAINT O UNDER F R.C.P. 23 CHECK IF THIS IS A 0 CLASS ACTION DEMAND S o Check YES only If demanded in X YES mnplaInt: JURY DEMAND: 0 NO VIII. RELATED CASE(S) IF ANY i l Jane Doe 2 . Jeffrey Epstein Jane Doe 3 . Jeffrey Epstein Jane Doe 4 . Jeffrey Epstein Jane Doe 5 . Jeffrey Epstein (See Instructions): (SEE ATTACHED) JUDGE KENNETH A. MARRA JUDGE KENNETH A. MARRA JUDGE KENNETH A MARRA JUDGE KENNETH A MARRA DOCKET NUMBER 08-CV-80119-MARRA.JOHNSON DOCKET NUMBER 08-CV-S0232-MARRA-JOHNSON DOCKET NUMBER 08-CV-80380-MARRA/JOHNSON DOCKET NUMBER 08-80381-CIV-MARRNJOHNSON DATE Cerf— (C)1 2,4O UNITED STATES DISTRICT COURT S/F 1.2 REV. 0/94 SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY: Receipt No. Date Paid: 54#3 Ma EFTA00175909