MEMY-1805 marker2-fixhub court-doe-v-epstein-80804 (pepper 16-core): 64/64

marker2-fixhub/court-doe-v-epstein-80804/EFTA02749801/EFTA02749801.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02749901/EFTA02749901.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750017/EFTA02750017.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750117/EFTA02750117.md

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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/
+
+JANE DOE, a/lc/a JANE DOE NO. 1,
+
+Plaintiff,
+
+VS.
+
+JEFFREY EPSTEIN, , and
+
+Defendants.
+
+## DEFENDANTS JEFFREY EPSTEIN AND REQUEST FOR ORAL ARGUMENT
+
+Pursuant to Rule 7.1(B)(1) of the Local Rules of the United States District Court for the Southern District of Florida, defendants Jeffrey Epstein and respectfully request oral argument in connection with their motion to stay.
+
+The defendants believe an opportunity to formally argue the motion would assist the Court in ruling on their motion, which seeks to stay this action until resolution of a pending criminal action.
+
+The defendants estimate that the time required for argument is one hour.
+
+The undersigned are authorized to represent that defendant joins in this request.
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: /s/ Michael R. Tein GUY A. Ha. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com
+
+> ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Ha. Bar No. 262013 jgoldberger@agwpa.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+## CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on July 25, 2008, I electronically filed the foregoing document with the Clerk of the Court using CWECF. I also certify that the foregoing document is being served this day on counsel of record identified below by U.S. Mail.
+
+/s/ Michael R. Tein
+
+Michael R. Tein
+
+## Service List
+
+Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. Jason A. Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750117/EFTA02750117.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750121/EFTA02750121.md

@@ -0,0 +1,98 @@
+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/
+
+JANE DOE, a/lc/a JANE DOE NO. 1,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN , and
+
+Defendants.
+
+# DEFENDANTS JEFFREY EPSTEIN AND MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT
+
+Defendants Jeffrey Epstein and move, pursuant to Rule 7.1(A) of the Local Rules of the United States District Court for the Southern District of Florida, for an enlargement of time to answer or otherwise respond to the amended complaint until ten days after their motion for stay, filed contemporaneously with this motion, is decided, and as grounds for this relief respectfully state as follows:
+
+- 1. This civil action is a private counterpart to a pending federal criminal action.
+
+![](_page_0_Picture_12.jpeg)
+
+2. The pending criminal action purports to arise from the alleged sexual assault of a minor, Jane Doe.
+
+3. Mr. Epstein and have filed a motion, contemporaneous with the filing of this motion, seeking a stay of this action under 18 U.S.C. § 3509. Under that section, when an alleged sexual assault involving a child victim results in a "criminal proceeding," a commonly derived civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added).
+
+4. If Mr. Epstein and stay motion is granted, they will not be required to respond to the complaint or otherwise litigate this action until the pending criminal matter is resolved.
+
+5. The undersigned are authorized to represent that defendant joins in this motion.
+
+WHEREFORE, Defendants Jeffrey Epstein and respectfully request an enlargement of time to answer or otherwise respond to the complaint until ten days after their motion for a stay is decided.
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: /s/ Michael R. Tein GUY A. Ha. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+# CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
+
+Undersigned counsel has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion.
+
+/s/ Michael R. Tein
+
+Michael R. Tein
+
+# CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on July 25, 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 on counsel of record identified below by U.S. Mail.
+
+/s/ Michael R. Tein
+
+Michael R. Tein
+
+![](_page_3_Picture_11.jpeg)
+
+### Service List
+
+Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. Jason A. Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein
+
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA,
+
+JANE DOE, a/k/a JANE DOE NO. I,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN, and
+
+Defendants.
+
+#### PROPOSED ORDER
+
+THIS CAUSE having come before this Court upon the Defendants Jeffrey Epstein and Motion for Enlargement of Time to Answer or Otherwise Respond to Complaint, and this Court being fully advised, it is hereby ORDERED AND ADJUDGED that:
+
+- I. The Motion is hereby granted.
+- 2. Defendants shall have an enlargement of time to answer or otherwise respond to the amended complaint until ten (10) days after their motion for stay is decided.
+
+DONE AND ORDERED this day of 2008.
+
+HON. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE
+
+Copies furnished to: All counsel

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750121/EFTA02750121.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750127/EFTA02750127.md

@@ -0,0 +1,35 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+NO. 08-80804-CIV-MARRa
+
+JANE DOE, a/k/a JANE DOE NO. 1,
+
+Plaintiff,
+
+v.
+
+JEFFREY EPSTE11.1=
+
+M, and
+
+Defendants.
+
+## ORDER DENYING MOTION TO SEAL
+
+THIS CAUSE comes before the Court on Defendants Jeffrey Epstein and Motion to File Under Seal, filed July 25, 2008. Defendants seek to file their Motion to Stay under seal.' The Court has carefully considered the motion and the record and is otherwise fully advised in the premises.
+
+As the Court has explained in a related case, Doe v. Epstein, No. 08-80119 (S.D. Fla. Aug. 4, 2008), the Local Rules for the Southern District of Florida state that "proceedings in the United States District Court are public and Court filings are matters of public record." S.D. Fla. L.R. 5.4(A). It is well settled that the media and the public in general possess a common-law right to inspect and copy judicial records. See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978). "The right to inspect and copy records is not absolute, however. As with other
+
+{sup}`&#`x27;The parties are reminded that all documents filed conventionally (including those filed under seal) must be filed with the Clerk's Office in West Palm Beach, Florida.
+
+forms of access, it may interfere with the administration of justice and hence may have to be curtailed." v. Graddick, 696 F.2d 796, 803 (11th Cir.1983). This right of access creates a presumption in favor of openness of court records, which "must be balanced against any competing interest advanced." United States v. Noriega, 752 F. Supp. 1037, 1040 (S.D. Fla.1990). For example, courts may look to see whether the records sought are for illegitimate purposes. 696 F.2d at 803. Likewise, the Court may consider whether "the press has already been permitted substantial access to the contents of the records." Id.
+
+In his motion to seal, Defendants state that they seek to file this document under seal "to comply with the confidentiality clause" in the agreement between Defendant Epstein and the U.S. Attorney cited in his brief. (Def. Mot. 2.) The Court is familiar with the U.S. Attorney's objections to unsealing any part of the agreement, see In re: Jane Doe, No. 08-80736-CIV (S.D. Fla. July 11, 2008). However, as the Court has previously held, the U.S. Attorney's objections do not outweigh the public interest in having access to court records. Further, the details of the agreement contained in Defendants' Motion have, in large part, already been unsealed and released to the public. The Court finds no justification to keep these documents under seal.
+
+Accordingly, it is ORDERED AND ADJUDGED that Defendant's Motion to File Under Seal is DENIED. The Clerk shall UNSEAL docket entries 4 and 5 and make them available for public inspection through CM/ECF at the earliest possible time.
+
+DONE AND ORDERED in at West Palm Beach, Palm Beach County, Florida, this 5ih day of August, 2008.
+
+KENNETH A. MARRA
+
+Copies furnished to: all counsel of record United States District Judge

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750127/EFTA02750127.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750129/EFTA02750129.md

@@ -0,0 +1,39 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+NO. 08-80804-CIV-MARla
+
+JANE DOE a/k/a JANE DOE NO. I,
+
+Plaintiff,
+
+v.
+
+JEFFREY E PST.1= and
+
+Defendants.
+
+## ORDER DENYING MOTION TO STAY
+
+THIS CAUSE comes before the Court on Defendants Jeffrey Epstein and Motion to Stay, filed under seal on July 25, 2008. The Court has carefully considered the motion and is otherwise fully advised in the premises.
+
+Defendant Jeffrey Epstein ("Defendant") seeks a stay of this civil action under a federal statute which reads, in pertinent part, as follows:
+
+> If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court.
+
+18 U.S.C. § 3509 (k). In his motion, Defendants cite a federal case, In re Grand Jury, No. FGJ
+
+07-103(WPB) (S.D. Fla.), that arises out of the same occurrence as this civil action and is pending so that a stay of this civil case is mandated. The federal "case," according to Defendant, involves a "deferred-prosecution" agreement whereby the U.S. Attorney agreed to suspend its investigation of Defendant while "retaining the right to reactivate the grand jury." (Def. Mot. 2.) Defendant essentially reasons, because the U.S. Attorney could bring criminal charges against Defendant, that a criminal action is "pending." The Court rejects this definition of a "pending criminal action."
+
+When interpreting the text of a statute, the Court begins with the plain meaning of the text. In re M, 524 F.3d 1175, 1186 (11i° Cir. 2008). If the plain meaning of a statute is clear, the Court should not deviate from that interpretation. Id. Pending is defined as "remaining undecided" and "awaiting decision." Blacks Law Dictionary (8th ed. 2004).' Likewise, an "action" is defined as a "criminal judicial proceeding." Id. Because the U.S. Attorney has not filed an indictment or an information against Defendant, the Court fails to see how there is an
+
+{sup}`&#`x27;Defendant attempts to argue that the fact that grand jury subpoenas are still "outstanding" and "in abeyance" and that the grand jury will not be dismissed until Defendant completes his obligations under the state plea agreement means that a "criminal action" is "pending." (Def. Mot. 4.) Defendant misunderstands the purpose of a grand jury. A grand jury, as Blackstone writes, is composed of citizens who "inquire, upon their oaths, whether there be sufficient cause to call upon the party to answer" the charge of criminal activity. Beavers v. Henkel, 194 U.S. 73, 84 (1904) (quoting William Blackstone, 4 Commentaries \*303). The grand jury's sole purpose is to inquire into whether there is probable cause to bring an individual before a tribunal to determine his guilt or innocence of an alleged crime. Id. The grand jury is simply an investigative body. See U.S. v. Aired, 144, F.3d 1405, 1413 (11th Cir. 1998). A "criminal action" is not instigated by the calling of a grand July, because a grand jury is convened "to determine whether a crime has been committed and whether criminal proceedings should be instituted against any person." U.S. v. Calandra, 414 U.S. 338, 344 (1974). An "action" is commenced against a person after the grand jury actually finds probable cause to make an individual answer specific charges and renders a bill of indictment against that individual. Until a grand jury's investigation is complete and there has been a determination by a lawful authority that probable cause exists, there can be no criminal action.
+
+undecided judicial proceeding in federal court against Defendant.
+
+Defendant argues that this statute should be read to include the definition of "criminal action" used in 18 U.S.C. § 1595(bX2), which reads as follows: "In this subsection, a `criminal action' includes investigation and prosecution and is pending until final adjudication in the trial court." Defendant argues that "Congress specifically intended that the term 'criminal action' would be applied extremely broadly" under § 1595, so Congress "took pains to ensure that courts would give it the broadest possible construction" and defined "criminal action" as including investigatory stages. (Def. Reply 9.) Defendants argue that the Court should borrow this definition.
+
+The Court disagrees. The Court believes that Congress's inclusion of this broader definition under § 1595 evinces Congressional intent to depart from the normal meaning of the term "criminal action."' This addition to the text suggests that Congress knows the plain meaning of the term "criminal action" and that Congress decided, under § 1595, that the definition of "criminal action" should be broader. In contrast, Congress could have made such an addition to § 3509 had it intended the mandatory stay provision to apply to pre-indictment investigations, but it did not. In other words, by not broadening the definition of "criminal action" § 3509, Congress intended that the term should only have its ordinary meaning: that an indictment or information has been filed naming a specific defendant. Instead, it seems clear that Congress intended that these two statutory provisions should each have a different scope. Defendant's argument of statutory construction fails.
+
+<sup>&#</sup>x27;In fact, Congress made this intent clear by stating that this broader definition of a "criminal action" applied only "in this subsection."</p><p block-type='Text'>The single case cited by Defendant in support of his motion is not on point. In Doe I v. Francis, No. 5:03CV260/MCR/WCS, 2005 WL 517847 (N.D. Fla. Feb. 10, 2005), the stay was entered because criminal charges had been filed against the defendant in a state court several months earlier (i.e., the defendants had been indicted by the state attorney). See Memorandum in Support of Motion to Stay Proceedings Pending Outcome of Parallel Criminal Proceedings at 3, Doe I v. Francis, No. 5:03CV260/MCR/WCS (N.D. Fla. Dec. 2, 2003). The Court agrees with Defendant that a stay under § 3509(k) is mandatory when a criminal action is pending; the Court simply disagrees that the "deferred-prosecution agreement" constitutes a pending criminal action.</p><p block-type='Text'>The Court also does not believe a discretionary stay is warranted. Defendant did not seek this relief in his motion; including such a request in the reply brief is inappropriate. Further, the Court sees no reason to delay this litigation for the next thirty-three months. After all, Defendant is in control of his own destiny — it is up to him (and him alone) whether the plea agreement reached with the State of Florida is breached. If Defendant does not breach the agreement, then he should have no concerns regarding his Fifth Amendment right against self-incrimination. The fact that the U.S. Attorney (or other law enforcement officials) may object to some discovery in these civil cases is not, in an of itself, a reason to stay the civil action. Any such issues shall be resolved as they arise in the course of this litigation.</p><p block-type='Text'>Accordingly, it is ORDERED AND ADJUDGED as follows:</p><p block-type='ListGroup'><ul><li block-type='ListItem'>I. Defendant's Motion to Stay is DENIED.</li></ul></p><p block-type='Text'>2. Defendant's Motion for Hearing (DE 2) is DENIED AS MOOT.</p><p block-type='Text'>DONE AND ORDERED in at West Palm Beach, Palm Beach County,</p><p block-type='Text'>Florida, this 5th day of August, 2008.</p><p block-type='Text'></p><p>KENNETH A. MARRA United States District Judge</p><p block-type='Text'>Copies furnished to: all counsel of record</p>
+ </body>
+</html></sup>

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750129/EFTA02750129.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750134/EFTA02750134.md

@@ -0,0 +1,27 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA
+
+JANE DOE, 4a JANE DOE #1,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN. and
+
+Defendants.
+
+/
+
+## ORDER
+
+THIS CAUSE having come to be heard on the Defendant's Motion to Align Response Date, and this Court being fully advised, it is hereby:
+
+ORDERED AND ADJUDGED that the Motion is hereby granted.
+
+DONE AND ORDERED in Miami-Dade County, Florida this day of , 2008.
+
+> KENNETH A. MARRA UNITED STATES DISTRICT JUDGE
+
+Copies furnished to: Michael Tein, Esq. Jack Goldberger, Esq. Theodore J. Leopold, Esq. Spencer Kuvin Esq. Jason A., Esq. Bruce E. Reinhart, Esq. Robert D. Critton, Esq

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750134/EFTA02750134.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750135/EFTA02750135.md

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+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/
+
+JANE DOE, a/lc/a
+
+JANE DOE #1,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN, and
+
+Defendants.
+
+# DEFENDANT JEFFREY EPSTEIN'S OPPOSED MOTION TO ALIGN RESPONSE DATE
+
+Defendant Jeffrey Epstein moves, pursuant to S.D. Fla. L.R. 7.1(A), to align the deadline for filing his response to the complaint with the deadlines set in Jane Doe Nos. 2 through 5 of September 4, 2008, and as grounds for this relief, respectfully states as follows:
+
+- 1. This matter was removed to Federal Court on July 21, 2008. (DE 1).
+- 2. On July 25, 2008, Mr. Epstein filed a motion to stay this action. (DE 4 & 5).
+- 3. That same day, Mr. Epstein moved for an enlargement of time to answer or otherwise respond to the complaint until ten days after the motion for stay was decided. (DE 3).
+
+![](_page_0_Picture_13.jpeg)
+
+4. On August 6, 2008, this Court denied the motion for stay. (DE 7).
+
+5. This Court has not yet ruled upon Mr. Epstein's motion for an enlargement of time.
+
+6. In a series of substantially identical lawsuits brought against Mr. Epstein, however, this Court - - upon the denial of motions for stay filed in those cases - - granted Mr. Epstein an additional ten days to respond to the complaints nunc pro tuns. Jane Doe No. 2 v. Epstein, No. 08-CV-80119-ICAM (S.D. Fla.) (DE 33); Jane Doe No. 3 v. Epstein, No. 08-CV-80232-KAM (S.D. Fla.) (DE 29); Jane Doe No. 4 v. Epstein, No. 08-CV-80380-KAM (S.D. Fla.) (DE 39); and Jane Doe No. 5 v. Epstein, No. 08-80381-CV-KAM (S.D. Ha.) (DE 38).
+
+7. Since then, this Court (upon the parties' stipulation) has extended the time to respond to each of the complaints in Jane Doe Nos. 2 through 5 until September 4, 2008. Jane Doe No. 2 at DE 36; Jane Doe No. 3 at DE 31; Jane Doe No. 4 at DE 42; Jane Doe No. 5 at DE 40.
+
+8. Mr. Epstein respectfully requests an enlargement of time until September 4, 2008, coterminous with the deadlines set in Jane Doe Nos. 2 through 5, to respond to the plaintiff's complaint.
+
+9. An enlargement of time will promote judicial economy because it will allow Mr. Epstein to submit (and the plaintiff to respond to, and this Court to consider) his responses to the nearly identical complaints at one time.
+
+10. Further, such an enlargement will not prejudice the plaintiff in any way given that defendants and have yet to be served in this action.
+
+WHEREFORE, Defendant Jeffrey Epstein respectfully requests an order aligning the deadline for filing his response to the complaint with the deadlines set in Jane Doe Nos. 2 through S of September 4, 2008
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 34() Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: /s/ Michael R. Tein
+
+GUY A. Fla. Bar No. 623740
+
+MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+3
+
+#### CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3
+
+On August 7, 2008, undersigned counsel conferred with counsel for the plaintiff in a good faith effort to resolve the issues raised in this motion, but was unable to do so.
+
+> /s/ Michael R. Tein Michael R. Tein
+
+## CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on August 8, 2008, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified 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 counsel or parties who are not authorized to receive Notices of Electronic Filing.
+
+> /s/ Michael R. Tein Michael R. Tein
+
+![](_page_3_Picture_8.jpeg)
+
+#### Service List
+
+Theodore J. Leopold, Esq. Spencer Kuvin, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. (by fax and U.S. Mail) Jason A. Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. (by fax and U.S. Mail) Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. (by fax and U.S. Mail) Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750140/EFTA02750140.md

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+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRa
+
+JANE DOE, a/k/a, JANE DOE NO. 1,
+
+Plaintiff,
+
+vs.
+
+11:IIRF EPSTEIN -.and
+
+Defendants.
+
+### PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE 12.1
+
+Plaintiff Jane Doe moves, pursuant to Rule 7.1(A) of the Local Rules of the United States District Court for the Southern District of Florida, for an enlargement of time to file a Civil RICO Case Statement under Local Rule 12.1 until fifteen days after the Court rules on her motion to remand, which will be filed on or about August 18, 2008.
+
+- I. Defendants removed this action to federal court on July 21, 2008. (DE 1).
+- 2. Because Plaintiff has pleaded a cause of action under section 772.103, Florida Statutes, she is required to file a Civil RICO Case Statement within thirty days of removal. See S.D. Fla. L.R. 12.1.
+- 3. Plaintiff believes this action was improperly removed from state court and shall file a motion to remand on or about August 18, 2008. It is Plaintiff's contention that the Court lacks subject matter jurisdiction over this case because it does not involve a federal question or panics with complete diversity of citizenship.
+
+- 4. If this action was improperly removed, Plaintiff should not be required to expend the time and expense necessary to create and file a Civil Rico Cast Statement, which would not be required in Florida state court.
+
+WHEREFORE, Plaintiff respectfully request the Court grant her motion for an enlargement of time to file a Civil RICO Case Statement until fifteen days after the Court rules on her motion to remand.
+
+## CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.I.A3
+
+On August 13, undersigned counsel conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, and Defendants' counsel advised that Defendants do not oppose this motion.
+
+> s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737)
+
+## Certificate of Services
+
+I hereby certify that on August 13, 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 on all counsel of record or pro se parties identified 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 counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.
+
+> sl Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI-LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe
+
+# SERVICE LIST
+
+Doe v. Epstein, et. al.
+
+CASE NO: 08-80804-Civ-MARILta
+
+United States District Court, Southern District of Florida
+
+Robert Critton, Esq.
+
+Burman, Critton, Luttier & Coleman, LLP
+
+515 N. Flagler Drive, Suite 400
+
+
+Phone: (561) 842-2820
+
+Fax: (561) 515-3148
+
+
+
+Guy Alan ..=
+
+Email:
+
+Tein
+
+3059 Grand Avenue, Suite 340
+
+Coconut Grove, FL 33133
+
+Phone: (305) 442-1101
+
+Fax: (305) 442-6744
+
+
+Served via CM/ECF
+
+Bruce E. Reinhart, Esq.
+
+Bruce E. Reinhart, P.A.
+
+250 Australian Avenue South, Suite 1400
+
+
+Phone: (561) 202-6360
+
+Fax: (561) 828-0983
+
+Counsel for-
+
+
+Michael R. Tein, Esq.
+
+Email: tein@lewistein.com
+
+Tein
+
+3059 Grand Avenue, Suite 340
+
+Coconut Grove, FL 33133
+
+Phone: (305) 442-1101
+
+Fax: (305) 442-6744
+
+
+Served via CM/ECF
+
+Douglas M. McIntosh. Esq.
+
+Jason A. Esq.
+
+McIntosh. Sawran, Peltz & Cartaya. P.A.
+
+Centurion Tower. Suite 1110
+
+1601 Forum Place
+
+
+Phone: (561) 682-3202
+
+Fax: (561) 682-3206
+
+Counsel for
+
+
+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRS
+
+JANE DOE, a/k/a, JANE DOE NO. 1,
+
+Plaintiff,
+
+Vs.
+
+JEFFREY EPSTEIN -.and
+
+Defendants.
+
+## PROPOSED ORDER
+
+THIS CAUSE having come before this Court upon Plaintiff Jane Doe's UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE 12.1, and this Court being fully advised, it is hereby ORDERED AND ADJUDGED that:
+
+- I. The Motion is hereby granted.
+- 2. Plaintiffs shall have an enlargement of time to file a Civil RICO Case Statement until fifteen (15) days after their motion for remand is decided.
+
+DONE AND ORDERED this day of 2008.
+
+HON. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE
+
+Copies furnished to: All counsel

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750145/EFTA02750145.md

@@ -0,0 +1,817 @@
+### €5.) IN THE CIR t COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
+
+# SENTENCE
+
+(As to Count(s)
+
+Defendant 6q shnl
+
+Case NumFiP
+
+OBIS Number
+
+Theefepdap1, ng personally b is Court, accompanied by the defendant's attorney of record, and having been adjudicated guilty herein, and the Court having given defendant the Defendant an opportun. {sup}`y`to be heard and to offer matters in mitigation of sentence, and to show cause why should not be sentenced as provided by law, and no cause being shown,
+
+IT IS THE SENTENCE OF THE COUpthat:
+
+The Defendant pay a fine of \$ {sup}`O` pursuant to § Florida Statutes, plus all costs and additional herein charges as outlined in the Orde assessing additional charges, costs and fines as set forth in aseparate order entered
+
+The Defendant is hereby committed to the custody of the
+
+,Department of Corrections heriff of Palm Beach County, Florida li p,rvt.tment f orrections as ayouthful offender . It is further ordered that the Defendant shall be allowed a total of days as credit for time incarcerated prior to imposition of this sentctich kisfurther 7- ordered that the composite term of all sentences imposed for the counts specified in the order shall rtirP - j consecutive to ( {sup}`I` concurrent with (check one) the following: ) Any active sentence being served. [ j Specific sentences: JUN {sup}`3` I' 's
+
+for a term of
+
+Florida In hereby the event ordered the above sentence is to the Department of Corrections, the Sheriff of Patin Beach County, {sup}`F` is Judgment and directed to deliver the Defendant to the Department of Corrections together with aspy of the Florida Statutes, and Sentence, and any other documents specified by Florida Statute. Additionally, pursuant to §947.16(4), the Court retains jurisdiction over the Defendant.
+
+1 Pursuant Vehicles to §§322.055. 322.056. 322.26, 322.274, Fla. Stat., the Department of Highway Safety and Motor is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report the conviction and revocation to the Department of Highway Safety and Motor Vehicles.
+
+The defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal within counsel thirty days from this date with the Clerk of the Court. The Defendant was also advised of the right to the assistance of in taking said appeal at the expense of the State upon showing of indigency.
+
+°I DONE AND ORDERED in en Court at West Palm Beach, Palm Beach County, Florida this aday of {sup}`200`
+
+,,,Wk ,-;;;•1 / • Form Circuit 5 (rev 8/2000) riwn rill tin 11 inr•
+
+IN THE [REDACTED] DIVISION OF THE CIRCUIT  
+COURT - THE FIFTEENTH JUDICIAL CIRCUIT,  
+IN AND FOR PALM BEACH COUNTY, FLORIDA
+
+
+Jeffrey Epstein
+
+CASE NUMBER (S) OF CF 009391AHB
+
+PLEA IN THE CIRCUIT COURT
+
+- 1. DEFENDANT: I am the defendant in the above-mentioned matter(s), and I am represented by the attorney indicated below. I understand I have the right to be represented by an attorney at all stages of the proceeding until the case is terminated, and if I cannot afford an attorney, one will be appointed free of charge. [REDACTED]
+- 2. DEFENDANT: I understand I have the right to a speedy and public trial either by jury or by court. I hereby waive and give up this right. [REDACTED]
+- 3. DEFENDANT: I understand I have the right to be confronted by the witnesses against me and to cross examine them by myself or through my attorney. I hereby give up these rights. [REDACTED]
+- 4. DEFENDANT: I understand I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself and may remain silent if I so choose. I hereby give up these rights. [REDACTED]
+- 5. DEFENDANT: I understand I have the right to call witnesses to testify in my behalf and to invoke the compulsory process of the Court to subpoena those witnesses. I hereby give up these rights. [REDACTED]
+- 6. DEFENDANT: I understand I have the right to appeal all matters relating to the charge(s) and, unless I plea Guilty or No Contest, specifically reserving my right to appeal, I will give up such right of appeal. [REDACTED]
+- 7. DEFENDANT: I understand that if I am not a United States Citizen, my plea may subject me to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service; and, this Court has no jurisdiction (authority) in such matters. [REDACTED]
+- 8. DEFENDANT: I have not received any promises from anyone, including my attorney, concerning eligibility for any form of early release authorized by law and further no promises have been made to me as to the actual amount of time that I will serve under the sentence to be imposed. Further, I understand that this plea may be used to enhance future criminal penalties in any court system, even if adjudication of guilt is withheld. [REDACTED]
+- 9. DEFENDANT: I offer my plea freely and voluntarily and of my own accord, with full understanding of all matters set forth in the pleadings and this waiver. [REDACTED]
+- 10. DEFENDANT: I have personally placed my initials in each bracket above, and I understand each and every one of the rights outlined above. I hereby waive and give up each of them in order to enter my plea to the within charge(s). I understand that even though the Court may approve the agreement of sentence, the Court is not bound by the agreement, the Court may withdraw its approval at any time before pronouncing judgment, in which case I shall be able to withdraw my plea should I desire to do so. [REDACTED]
+
+11. DEFENDANT:
+
+Choose one:  
+If applicable, I choose a program which is or may be spiritually based.  
+If applicable, I choose a program which is NOT spiritually based.  
+If applicable, I have no preference if the program is or may be spiritually based.
+
+JUN 20 [REDACTED] [X]
+
+[Signature]  
+DEFENDANT
+
+G/30/08  
+DATE
+
+DEFENDANT'S ATTORNEY ONLY:
+
+I am attorney of record. I have explained each of the above rights to the defendant and have explored the facts with him/her and studied his/her possible defenses to the charge(s). I concur with his/her decision to waive the rights and to enter this plea. I further stipulate that this document may be received by the Court as evidence of defendant's intelligent waiver of these rights and that it shall be filed by the Clerk as permanent record of that waiver.
+
+[Signature]  
+ATTORNEY FOR THE DEFENDANT
+
+G/30/08  
+DATE
+
+JUL 07 2008 5/1
+
+85 4080
+
+IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY
+
+CASE NO. 06-CF-04534- ~~ATTN~~ DATE N
+
+OBTS NUMBER 2006 CF 9454AXY
+
+
+[ ] COMMUNITY CONTROL VIOLATOR
+
+v.
+
+Jeffrey E. Epstein
+
+[ ] PROBATION VIOLATOR
+
+DEFENDANT
+
+1/20/53
+
+N RACE
+
+M GENDER
+
+090 44 3348 SOCIAL SECURITY NUMBER
+
+![](_page_2_Picture_251.jpeg)
+
+CFN 20080267522  
+OR BK 22760 PG 1081  
+RECORDED 07/17/2008 08:52:50  
+Palm Beach County, Florida  
+Sharon R. Bock, CLERK & COMPTROLLER  
+Pg 1081; (1pg)
+
+**JUDGMENT**
+
+The above Defendant, being personally before this Court represented by J. Goldberger (attorney)
+
+Table with 3 columns: [ ] (Handwritten text), (X) (Handwritten text), [ ] (Handwritten text). Row 1: Having been tried and found guilty of the following crime(s): Having entered a plea of guilty to the following crime(s): Having entered a plea of nolo contendere to the following crime(s):
+
+Table with 4 columns: COUNT, CRIME, OFFENSE STATUTE NUMBER(S), DEGREE. Content: COUNT 1, CRIME Felony Solicitation of Probation, OFFENSE STATUTE NUMBER(S) 796.07(2)(F), DEGREE 30F.
+
+[ ] and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s).
+
+[ ] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), burglary (s. 810.02), carjacking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens.
+
+[ ] and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD.
+
+JUN 33 2008
+
+SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to count(s) and places the Defendant on [ ] Probation and/or [ ] Community Control under the supervision of the Dept. of Corrections (conditions of probation set forth in separate order).
+
+SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until \_\_\_\_\_.
+
+The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency.
+
+Detch Dale Print
+
+July 07 2008 S/A
+
+**PLEA IN THE CIRCUIT COURT**  
+THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT
+
+Name: Jeffrey E. Epstein
+
+Plea: Guilty X
+
+| Case No. | Charge | Count | Lesser | Degree |  |
+| ---------- | ------------------------------- | -------------------------------------------- | -------- | -------- | ------- |
+| 20 | 06CF009454AMB<br><del>X</del> | Felony Solicitation of Prostitution | 1 | No | 3 FEL |
+|  | 08CF009381AMB | Procuring Person Under 18 for Prostitution | 1 | No | 2 FEL |
+
+PSI: Waived/Not Required X Required/Requested \_\_\_\_\_
+
+ADJUDICATION: Adjudicate [x ]
+
+**SENTENCE:**
+
+On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served.
+
+~~Imprisonment Jail sentence~~
+
+On 08CF009381AMB, the Defendant is sentenced to 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This 6 month sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. Following this 6 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein.
+
+**OTHER COMMENTS OR CONDITIONS:**
+
+As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections.
+
+The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein.
+
+The Defendant must provide a DNA sample in court at the time of this plea.
+
+Date of Plea
+
+JUN 30 2008
+
+JUL 08 4 AM 5-8
+
+- (a) You will remain confined to your residence except one half hour before and after your approved employment, community service work, or any other activities approved by your probation officer.
+- (b) You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request.
+- (c) The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placed on Electronic Monitoring, you will wear a monitor at all times. You will maintain a private phone line, be financially responsible for any lost or damaged equipment and follow all rules and regulations as instructed. The telephone will be available within five working days of being placed on Electronic Monitoring Program. While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the residential walls.
+- (d) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall, on the next working day, brought before a Judge presiding over his or her case for further disposition at the discretion of the presiding Judge.
+- (e) If placed on Electronic Monitoring you will pay to the State of Florida, for the cost of Electronic Monitoring \$1.00 per day, per F.S. 948.09.
+
+(F) Defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480
+
+II. DRUG OFFENDER PROBATION STANDARD CONDITIONS
+
+- (a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a monthly basis, and counseling if deemed appropriate by your supervising officer.
+- (b) You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by your officer.
+- (c) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer's Supervisor.
+
+III. SEX OFFENDER STANDARD CONDITIONS:
+
+- (a) you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM
+- (b) (if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate.
+- (c) you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex offender, at probationer's or community controlees expense.
+- (d) you shall not have any contact with the victim directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court.
+- (e) (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime park, playground, or other place where children regularly congregate.
+- (f) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, you shall not view, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern.
+- (g) You shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank.
+- (h) You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological care of the victim.
+- (i) You shall submit to a warrantless search by your probation officer or community control officer of your person.
+
+- (a) Defendant to have contact with his officer at a minimum one time a week.
+- (b) Defendant to work @ Florida Science Foundation, 250 Australian Ave n.i.d. Fl.
+
+you shall submit to amandatory curfew from 10:00 PM to 6:00 AM (if
+
+playground, the victim was under the age Of 18 years) you shall not live within 1000 feet of aschool, day care center, park, or other place where children regularly congregate.
+
+you particularly shall enter, actively participate in, and successfully complete {sup}`a`sex offender treatment program with atherapist trained to treat sex Offender, at probationer's or community controlees expense. you
+
+by shall not have any contact with the victim; directly or indirectly, including through a third person, unless approved the victim, the therapist and sentencing court •
+
+(if program, the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex-offender have any unsupervised contact with achild under the age of 18 years, unless authorized by the sentencing court, and Without an adult present who is responsible for the child's welfare and which adult has been advised of the crime is approved by the sentencing court.
+
+. . (if park, the playground, victim was under the age of 18 years) you shall not work for pay or as avolunteer in any school; day care center, or other place where children regularly congregate.
+
+(g) Unless own, or otherwise posses indicated in the treatment planprovided by the sexual offender treatment program, you shall not view, any obscene, pomographic or sexually stimulating visual or auditory material, including telephone, ' electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. (h) You shall submit two specimens of blow to the Florida Department of lawEnfortement\_m\_he\_registerrzLwith Data Bank. the DNA
+
+---,
+
+(i) ' related You shall professional make restitution to.the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and services relating to the physical, psychiatric and psychological•care of the victim. \----" 6) You
+
+res\_dence shall submit or Veh' to a Warrantless search by your probation officer or community control officer of your person, le
+
+-------( •gy-Wi yot necessary for {sup}`s`pan 0 atreatment program, participate once/twice annually in polygraph examination to obtain information be conducted risk by management and treatment and to reduce your denial mechanisms: Your polygraph examinations must paid by you. The {sup}`a`polygrapher trained specifically in the use of polygraph for monitoring sex offenders and it shall be .of community results of the polygraph examinations shall not be used as evidenced in court to prove that aviolation supervision occurred.
+
+You . supervising shall maintain adriving log, you shall not drive amotor vehicle while alone without prior approval of your officer.
+
+IR!, (if the 'there results was sexual contact) you shall submit to, at probationer's or community controlee's expen.se, an HIV test with to be released to the victim,\_or the victim's parents or guardian. . You will not • obtain or use aPost Office Box without the prior approval of the supervising officer. 05. yoti
+
+or her supervisor, submit to and electronic ordered monitoring when deemed necessary by the community control or probation officer and his by the court at the recommendation of the Department of Corrections. •
+
+will
+
+Dther:
+
+• THE COURT DONE RESERVES THE RIGHT TO RESCIND, MODIFY, OR REVOKE SjetrISI9ti TO NT PROVIDED BY LAW AND ORDORED AT West Palm Beach, Palm Beach County, Florida, this Nunc Pro Tunc: {sup}`a`
+
+> Honorable Sandra K. Mc...S2rirf Jigger; Circuit Cotirt
+
+I Corrections have received Probation {sup}`a` copy Office of the terms for further and conditions instructions. of Also, my supervision. I have read and understand these condit, -ms 9- agree to report to the Department of I hereby consent to the disclosure of my alcohol and drug abuse patient rec the confidentiality of which is federallyregulated under 42CPR, Part II, for the duration of my pervision.
+
+G
+
+;4'1
+
+UCTED BY
+
+6 \T
+
+**948.101 Terms and conditions of community control and criminal quarantine community control.--**
+
+(1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control.
+
+(a) The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to:
+
+1. 1. Specified contact with the parole and probation officer.
+2. 2. Confinement to an agreed-upon residence during hours away from employment and public service activities.
+3. 3. Mandatory public service.
+4. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system.
+5. 5. The standard conditions of probation set forth in s. 948.03.
+
+(b) For an offender placed on criminal quarantine community control, the court shall require:
+
+1. 1. Electronic monitoring 24 hours per day.
+2. 2. Confinement to a designated residence during designated hours.
+
+(2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.
+
+(3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered.
+
+'943.0435 Sexual offenders required to register with the department; penalty.--
+
+(1) As used in this section, the term:
+
+(a)1. "Sexual offender" means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows:
+
+a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and
+
+(II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-subparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility;
+
+b. Establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender;
+
+c. Establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or
+
+d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense:
+
+(I) Section 794.011, excluding s. 794.011(10);
+
+(II) Section 800.04(4)(b) where the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion;
+
+(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals.
+
+2. For all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a written finding of the age of the offender at the time of the offense.
+
+For each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall additionally make a written finding indicating that the offense did or did not involve sexual activity and indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion.
+
+(b) "Convicted" means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.
+
+(c) "Permanent residence" and "temporary residence" have the same meaning ascribed in s. 775.21.
+
+(d) "Institution of higher education" means a career center, community college, college, state university, or independent postsecondary institution.
+
+(e) "Change in enrollment or employment status" means the commencement or termination of enrollment or employment or a change in location of enrollment or employment.
+
+(f) "Electronic mail address" has the same meaning as provided in s. 668.602.
+
+(g) "Instant message name" means an identifier that allows a person to communicate in real time with another person using the Internet.
+
+(2) A sexual offender shall:
+
+(a) Report in person at the sheriff's office:
+
+1. In the county in which the offender establishes or maintains a permanent or temporary residence within 48 hours after:
+
+a. Establishing permanent or temporary residence in this state; or
+
+b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or
+
+2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or
+
+control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility.
+
+Any change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriff's office, shall be accomplished in the manner provided in subsections (4), (7), and (8).
+
+(b) Provide his or her name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address.
+
+1. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriff's office written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
+
+2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriff's office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriff's office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change in the sexual offender's enrollment or employment status.
+
+When a sexual offender reports at the sheriff's office, the sheriff shall take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender.
+
+(3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shall:
+
+(a) If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. The sexual offender shall identify himself or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shall submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of sexual offenders.
+
+(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's license or identification card as required by this section. The driver's license or identification card issued must be in compliance with s. 322.141(3).
+
+(c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints.
+
+(4)(a) Each time a sexual offender's driver's license or identification card is subject to renewal, and, without regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or change in the offender's name by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and shall be subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as provided in this section and ss. 943.043 and 944.606.
+
+(b) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriff's office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence.
+
+(c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
+
+(d) A sexual offender must register any electronic mail address or instant message name with the department prior to using such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name information.
+
+(5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775.21. A sexual predator must register as required under s. 775.21.
+
+(6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements.
+
+(7) A sexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9).
+
+(8) A sexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
+
+(9)(a) A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
+
+(b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender.
+
+(c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register.
+
+(d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register.
+
+(10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in complying, recording, reporting, or releasing the information. The presumption of good faith is not ever come if a technical or ethical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile
+
+Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incompleto or incorroct because a sexual offender fails to report or falsely reports his or her current place of permanent or temporary residence.
+
+(11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or hor life, unless the sexual offender has received a full pardon or has had a conviction set aside in apostconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. Howovor, a sexual offender:
+
+(a)1. Who has been lawfully released from confinoment, supervision, or sanction, whichever is later, for at least 25 years and has not boon arrested for any felony or misdemeanor offenso since release, provided that the sexual offender's requirement to register was not based upon an adult conviction:
+
+- a. For a violation of s. 787.91 or s. 787.02:
+- b. For a violation of s. 794.01t, excluding s. 794,911(10);
+- c. For a violation of s. 800.0j(4)(b) where the court finds the offense involved avictim under 12 years of age or sexual activity by the use of force or coercion;
+- d. For a violation of s. 000.•90)0sh
+- o. For a violation of s. 800.04(5)c.2. where the court finds the offense involved unclothed genitals or genital area;
+- f. For any attempt or conspiracy to commit any such offense; or
+- g. For a violation of similar law of another jurisdiction,
+
+may petition tho criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the roquirement for registration as n sexual offender.
+
+has 2. The court may grant or dony relief if the offender demonstrates to the court that ho or she not boen arrested for any crime since release; the roquostod relief complies with the provisions of the federal Adam Walsh Child Protection and Safoty Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or roquirod to be met as a condition for the receipt of federal funds by the state; and the court is state otherwise satisfied that the offender is not a current or potential throat to public safety. The attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. 'rho state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may sot a future date at which the sexual offender may again petition the court for relief, subjoct to the standards for relief provided in this subsection.
+
+3. The department shall remove an offender from classification as a sexual offender for purposes of registration if the offonder provides to the department a certified copy of tho court's written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender.
+
+(b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state.
+
+(12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes.
+
+(13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section:
+
+(a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender;
+
+(b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or
+
+(c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or
+
+(d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information,
+
+commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
+
+(14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriff's office in the county in which he or she resides or is otherwise located to reregister.
+
+(b) However, a sexual offender who is required to register as a result of a conviction for:
+
+1. Section 787.01 or s. 787.02 where the victim is a minor and the offender is not the victim's parent or guardian;
+
+2. Section 794.011, excluding s. 794.011(10);
+
+3. Section 800.04(4)(b) where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;
+
+4. Section 800.04(5)(b);
+
+5. Section 800.04(5)(c) 1. where the court finds molestation involving unclothed genitals or genital area;
+
+6. Section 800.04(5)(c) 2. where the court finds molestation involving unclothed genitals or genital area;
+
+7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area;
+
+8. Any attempt or conspiracy to commit such offense; or
+
+9. A violation of a similar law of another jurisdiction,
+
+must reregister each year during the month of the sexual offender's birthday and every third month thereafter.
+
+(c) The sheriff's office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information:
+
+1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address.
+
+2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status.
+
+3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat.
+
+4. Any sexual offender who fails to report in person as required at the sheriff's office, or who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or
+
+instant message names, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
+
+(d) The sheriff's office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner prescribed by the department.
+
+| 1. DATE OF SENTENCE<br>6/30/08 | 2. PREPARER'S NAME<br>Belohlavetk | 3. COUNTY<br>Palm Beach | 4. SENTENCING JUDGE<br>Pucillo |
+| ----------------------------------------------------- | ----------------------------------- | ------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------ |
+| 5. NAME (LAST, FIRST, MI.I.)<br>Epstein, Jeffrey E. | 6. DOB<br>1/20/53 | 7. DC # | 8. RACE<br><input type="checkbox"/> B <input checked="" type="checkbox"/> W <input type="checkbox"/> OTHER |
+|  |  | 9. GENDER<br><input checked="" type="checkbox"/> M <input type="checkbox"/> F | 10. PRIMARY OFF. DATE<br>08-08-08 |
+|  |  |  | 11. PRIMARY DOCKET #<br>08-08-08 |
+
+I. PRIMARY OFFENSE: If Qualifier, please check A S C R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification)  
+ FELONY DEGREE F.S.# DESCRIPTION OFFENSE POINTS  
+ 2{sup}`o`F 794.03 Possuring Person Under 18 for Prostitution 07 1.56
+
+(Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116)  
+ Prior capital felony triples Primary Offense points 
+
+II. ADDITIONAL OFFENSE(S): Supplemental page attached 
+
+| DOCKET# | FEL/MM DEGREE | F.S.# | OFFENSE (2 LEVELS) | QUALIFY | COUNTS | POINTS | TOTAL |
+| ------------- | ------------------ | ------- | ------------------------------------- | ---------------------------------------------------------------------------- | -------- | -------- | ------- |
+| 06-9454, | 3 <sup>o</sup> F |  | Felony - (2 LEVELS) | A S C R | 1 X | .7 | .7 |
+| Description |  |  | Felony Solicitation of Prostitution | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  |  |
+| Description |  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  | X |  |
+| Description |  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  | X |  |
+
+(Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58)  
+ Prior capital felony triples Additional Offense points 
+
+Supplemental page points  II. 56.7
+
+III. VICTIM INJURY:
+
+|  | Number | Total | Number | Total |
+| ------------------------------- | -------- | ------- | -------- | ------- |
+| 2 {sup}`nd` Degree Murder | 240 X | = | 4 X | = |
+| Death | 120 X | = | 80 X | = |
+| Severe | 40 X | = | 40 X | EN FD |
+| Moderate | 18 X | = |  |  |
+
+Continued on page 1 of this document
+
+IV. PRIOR RECORD: Supplemental page attached  JUN 30 2008
+
+| FEL/MM DEGREE | F.S.# | OFFENSE LEVEL | QUALIFY A S C R | DESCRIPTION | NUMBER | POINTS | TOTAL |
+| --------------- | ------- | --------------- | ---------------------------------------------------------------------------- | ------------- | -------- | -------- | ------- |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+|  |  |  | <input type="checkbox"/> <input type="checkbox"/> <input type="checkbox"/> |  |  | X |  |
+
+(Level - Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29)
+
+Supplemental page points 
+
+IV. 56.7  
+ Page 1 Subtotal:  
+ 17 6-F  
+
+
+Page 1 Subtotal 56.7
+
+2006 F 975 / Jeffrey Epstein
+
+- V. Legal Status violation = 4 Points
+- VI. Community Sanction violation before the court for sentencing 6 points x each successive violation OR New felony conviction = 12 points x each successive violation
+
+V. \_\_\_\_\_  
+VI. \_\_\_\_\_
+
+VII. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points
+
+VII. \_\_\_\_\_
+
+VIII. Prior Serious Felony = 30 Points
+
+VIII. 56.7
+
+Subtotal Sentence Points
+
+IX. Enhancements (only if the primary offense qualifies for enhancement)
+
+| Law Enforcement Protection | Drug Trafficking | Grand Theft Motor Vehicle | Street Gang (offenses committed on or after 10-1-98) | Domestic Violence (offenses committed on or after 10-1-97) |
+| ------------------------------- | ------------------ | --------------------------- | ------------------------------------------------------ | ------------------------------------------------------------ |
+| ___ x 1.5 ___ x 2.0 ___ x 2.5 | ___ x 1.5 | ___ x 1.5 | ___ x 1.5 | ___ x 1.5 |
+
+Enhanced Subtotal Sentence Points IX.
+
+TOTAL SENTENCE POINTS 56.7
+
+SENTENCE COMPUTATION
+
+If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction.
+
+If total sentence points are greater than 44:
+
+56.7  
+total sentence points
+
+minus 28 =
+
+28.7
+
+x .75 =
+
+21.5
+
+lowest permissible prison sentence in months
+
+The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S., unless the lowest permissible sentence under the code, exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed.
+
+maximum sentence in years
+
+TOTAL SENTENCE IMPOSED
+
+Years
+
+Months
+
+Days
+
+ State Prison
+
+ Life
+
+ County Jail
+
+ Time Served
+
+ Community Control
+
+ Probation
+
+18 months
+
+Comm. Control
+
+in 6 months
+
+Please check if sentenced as  habitual offender,  habitual violent offender,  violent career criminal,  prison representative of a mandatory minimum applies.
+
+ Mitigated Departure  Plea Bargain
+
+Other Reason
+
+JUDGE'S SIGNATURE
+
+David McGuil
+
+008: 01/20/1953 AGE: 55
+
+SSN: 090-44.3348
+
+EPSTEini. JEFFREY - EPSTEIN, JEFFREY EDWARD -
+
+Monday, June 30, 2008 11:33:12AM
+
+INCARCERATION DATE/TIME 06/30,2008 1t13
+
+PRISONER TYPE: LOCAL CHARGES
+
+Ft/S: W/M
+
+HEIGHT: 61t 0 In WEIGHT: 200
+
+ADDRESS: 358 EL BRILLO WY CITY: PALM BEACH
+
+ID N: 20080630061
+
+SID N: 06587245
+
+ALIEN 0:
+
+FBI 0: 787075K6
+
+### PALM BEACH SHERIFFS OFFICE BOOKING CARO
+
+![](_page_18_Picture_8.jpeg)
+
+sKaLoc: MOBILE BOOKING
+
+EKG. ID N: 8548
+
+HAIR COLOR: GRY
+
+EYE COLOR: BLL/
+
+STATE: FL ZIP: 33480
+
+CITIZEN COUNTRY: USA
+
+POUCH: 3050
+
+AFIS: 2006036744
+
+U.S. MARSHAL M.
+
+OSTS
+
+ARREST ADDRESS:205 N DIXIE HWY (MAIN CT HOUSE)
+
+ARREST DATE: 0613012008
+
+SKG. DATE: 06/30/2008
+
+WARRANT/CASEN:
+
+ARREST OFFICER: D/S DELPLATO
+
+TRANS. OFFICER: D/S MCINTOSH
+
+CASE TYPE: RECOMMIT-FELONY
+
+NOTE:
+
+STATUTE: CT: DESCRIPTION: CASE FLAG: NO BOND
+
+9999.0004 (WAR 1 -RE-COMMIT
+
+0 {sup}`0`FELONY OFFER TO COMMIT PROSTITUTION// CASE: 2006CF009464A)0OU/ BK//2006036744
+
+CITY: WPB
+
+ARREST TIME: 10:15
+
+EKG. TIME: 11:13
+
+COURT OMSION:
+
+ARREST AGENCY: 01 - PBSO
+
+TRANS. AGENCY: pi - peso
+
+NCIC:
+
+DOC //: INCIDENT N:
+
+STATE: FL ZIP.
+
+CURRENT BOND: i0,00
+
+VOFC: B TYPE: CUR. BOND
+
+HOLDS:
+
+HOLD DATEMME: HOLDDY:
+
+1 2 3
+
+HOLD DEPT.: HOLD REMDATEMME: HOLD REM. BY:
+
+•Tla 80.00 80.00 55cIc)-wC±I. -22
+
+?' r
+
+"tcf-2 7•'..
+
+HOLDliTEOPT: no
+
+• • • • .- r. s^:.1-rn • -• • ••••-jT, cc,
+
+ALERT DESCRIPTION: ALERT NARRATIVE:
+
+{sup}`1`31 DNA NOT ON FILE/FELONY CONVICTION
+
+2
+
+3 OVER 3 ALERTS: O
+
+KEEP SEPARATE FROM:
+
+NONE
+
+OVER 6 NAMES: {sup}`O`
+
+ASSIGNED HOUSING: NTA DATE/TIME: NTA LOC:
+
+NCIC INTAKE: NCIC RELEASE: F.P. ENTERED: F.P. CLEAR:
+
+PALMS REL.: PHOTO ID: CLASSIFICATON: MEO.CLEAR IN:
+
+MED. CLEAR REL: RELEASE MOW:
+
+RELEASE DATE/TIME: . RELEASE INFORMATION:
+
+COURT DATFJTIME: COURT LOCATION:
+
+CLERK 0 WARRANTS F.) STATE ATTY 0 CENTRAL RCDS CLASS
+
+i'nt um \* Citel 662\_1
+
+IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,  
+IN AND FOR PALM BEACH COUNTY, FLORIDA
+
+
+CASE NO.: 2006CF009454AXX  
+DIVISON: "W"
+
+
+JEFFREY EPSTEIN,
+
+Defendant.  
+\_\_\_\_\_/
+
+STARON R. BOCK, CLERK  
+WALTHERACH COUNTY, FL  
+
+2008 JUL - 2 PM 3:40
+
+
+AGREED ORDER SEALING DOCUMENT IN COURT FILE
+
+THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case number. The Court being fully apprised in the circumstances, it is hereby:
+
+*attached DJ*
+
+ORDERED AND ADJUDGED that the document filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file.
+
+DONE AND ORDERED in [REDACTED], West Palm Beach, Palm Beach County, Florida this 2 day of July, 2008.
+
+Deborah Dale Pucillo  
+DEBORAH DALE PUCILLO  
+Circuit Court Judge
+
+Copies forwarded to:
+
+Jack A. Goldberger, Esq.  
+Counsel for the Defendant  
+250 Australian Avenue South, Ste. 1400  
+West Palm Beach, Florida 33401
+
+Lanna Belohlavek, Esq.  
+Assistant State Attorney  
+(interoffice)
+
+AB JUL 03 2008  
+2054
+
+IN THE CIRCUIT COURT OF THE FIFTEENTH  
+JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR  
+PALM BEACH COUNTY
+
+CASE NO. 2006 CF 009454AXX
+
+DIVISION W
+
+
+
+Seffrey Epstein
+
+ON July 2, 2008
+
+2008 JUL - 2 PM 3:40  
+SHARON R. BOCK, CLERK  
+PALM BEACH COUNTY, FL  
+FEDERAL CRIMINAL PROSECUTION
+
+ Psychiatric (Medical, etc.) Report dated \_\_\_\_\_  
+from \_\_\_\_\_
+
+ Presentence Investigation Report dated \_\_\_\_\_  
+from \_\_\_\_\_
+
+ Other Non-Prosecution Agreement  
+\_\_\_\_\_
+
+**SEALED IN COURT FILE, NOT TO BE  
+OPENED WITHOUT ORDER OF COURT**
+
+21 03 2008

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750166/EFTA02750166.md

@@ -0,0 +1,34 @@
+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA
+
+JANE DOE, a/k/a, JANE DOE NO. I,
+
+Plaintiff,
+
+VS.
+
+JEFFREY EPSTEIN. and
+
+Defendants.
+
+## MOTION TO REMAND
+
+Plaintiff Jane Doe moves the Court to remand this action to state court for lack of subject matter jurisdiction and states as follows:
+
+- I. Although Plaintiff Jane Doe, a Florida citizen, sues , also a Florida citizen, in this action, Defendants removed the case to federal court on July 21, 2008, citing diversity of citizenship as the basis for federal subject matter jurisdiction.
+- 2. Defendants claim that , who has described herself as Heidi Fleiss (the Hollywood madam),' has "nothing to do with the plaintiff's case against Mr.
+
+{sup}`&#`x27; See New York Post Oct. I, 2007 (reporting "Some of the girls, legal documents indicate, were recruited by now 21, who described herself as 'like Heidi Fleiss,' the notorious Hollywoodo madam."); Paint Beach Post, Aug. 14, 2006 (reporting that Defendant told detectives, 'I'm like a Heidi Fleiss.'").
+
+Epstein," (Notice of Removal, DE 1, p. 3) and that Plaintiff fraudulently joined her in this action to prevent complete diversity.2
+
+- 3. As demonstrated in Plaintiff's amended complaint, however, Defendant was a vital part of the scheme to lure underage girls, including Plaintiff, to Epstein's home in order to subject them to sexual abuse and induce them to engage in lewd behavior. Defendant was a key player in this scheme because she was paid by Epstein to recruit the underage girls and take them to Epstein's Palm Beach mansion. (Amended Complaint 11 11-15, DE 1, pp. 302- 04). Without Defendant =I, these girls, including Plaintiff, would not have been victimized.
+- 4. Because the allegations in Plaintiff's amended complaint support the causes of action against Defendant for civil conspiracy, intentional infliction of emotional distress, and civil RICO, is a proper defendant in this action.
+- 5. As is admittedly a citizen of Florida, (Affidavit of DE 1, pp. 230-31) as is Plaintiff Jane Doe,3 (Amended Complaint 1 1, DE 1, pp. 301; Deposition of Jane Doe, DE I, pp. 31-32, 5:14-18, 6:6-10) federal diversity jurisdiction does not exist in this case. See 28 U.S.C. §1332(a)(I) (providing that
+
+{sup}`2` Defendants also argue that Plaintiff named as a defendant to prevent entry of a stay in this matter pursuant to 18 U.S.C. § 3509(k). The Court has since denied Defendants' motion, holding a stay of this proceeding is not warranted under either the statute or the Court's discretion. (Order Denying Motion to Stay, DE 7).
+
+<sup>&#</sup>x27; Although Jane Does testified in deposition that she is a citizen of Florida, Defendants question whether she might actually be a citizen of Georgia because her mother lives in Georgia. (Notice of Removal, DE I, pp. 7-8, n.6). Defendants fail to point out, however, that there is a question of whether Defendant Epstein is actually a citizen of Florida because he is now incarcerated in a Florida jail under an eighteen month sentence, to be followed by twelve months of community control, during which Epstein agreed he will be residing in Palm Beach, Florida. (Epstein Sentence, attached).</p><p block-type='Text'>district courts have original jurisdiction over cases in which the matter in controversy exceeds \$75,000 and is between "citizens of different States").</p><p block-type='ListGroup'><ul><li block-type='ListItem'>6. Defendants' removal of this action was, therefore, improper. Because the Court lacks diversity jurisdiction, or any other form of subject matter jurisdiction, over this matter, the Court must remand this action to Florida state court.</li></ul></p><p block-type='Text'>WHEREFORE, Plaintiff requests the Court remand this action to state court and requests Defendants be ordered under 28 U.S.C. §1447(c) to pay costs and attorney fees incurred as a result of the removal.</p><h3>MEMORANDUM OF LEGAL AUTHORITY</h3><p block-type='Text'>"An action in state court may be removed to federal court when the federal courts have diversity or federal question jurisdiction. See 28 U.S.C. § 1441(a). When a defendant removes a case to federal court on diversity grounds, a court must remand the matter back to state court if any of the properly joined parties in interest are citizens of the state in which the suit was filed. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 126 S.Ct. 606, 613, 163 L.Ed.2d 415 (2005) (citing 28 U.S.C. § 1441(b)). Such a remand is the necessary corollary of a federal district court's diversity jurisdiction, which requires complete diversity of citizenship." v. Washington Nat. Ins. Co., 454 F.3d 1278, 1281 (11th Cir. 2006).</p><p block-type='Text'>Federal Courts are obligated to construe removal statutes very strictly, and "all doubts about jurisdiction should be resolved in favor of remand to state court." Univ. of South Alabama v. American Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999) (citing v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Coker v. Amoco Oil</p><p block-type='Text'>Co., 709 F.2d 1433 (11th Cir. 1983)). "A presumption in favor of remand is necessary because if a federal court reaches the merits of a pending motion in a removed case where subject matter jurisdiction may be lacking it deprives a state court of its right under the Constitution to resolve controversies in its own courts." American Tobacco Co., 168 F.3d at 411.</p><p block-type='Text'>Defendants have removed this action even though Plaintiff named a citizen of Florida, as a defendant because they claim Plaintiffs joinder of Defendant was done fraudulently in order to avoid federal jurisdiction. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court." Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1989) (citing Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989)). "The burden of the removing party is a 'heavy one.' Id. (quoting B., Inc. v. Brewing Ca, 663 F.2d 545, 549 (5th Cir. Unit A 1981)).</p><p block-type='Text' class='has-continuation'>"To determine whether the case should be remanded, the district court must evaluate the factual allegations in the light most favorable to the plaintiff and must resolve any uncertainties about state substantive law in favor of the plaintiff." Id. (citing B., Inc., 663 F.2d at 549). The Court may not "weigh the merits of a plaintiffs claim beyond determining whether it is an arguable one under state law." Id. "'If there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court." Id. (quoting Coker v. Amoco Oil Co., 709</p><p block-type='Text'>F.2d 1433, 1440-41 (11th Cir. 1983)). This protects a plaintifFs right to select the forum of his lawsuit and the manner in which to prosecute the suit, and avoids exposing the plaintiff to the possibility of prosecuting the suit to conclusion only to learn the federal court lacked jurisdiction on removal. Id. (citing v. The New York Times Co., 308 F.2d 474, 478 (5th Cir.1962); Cowan Iron Works, Inc. v. Constr. Co., Inc., 507 F.Supp. 740, 744 (S.D. Ga. 1981)).</p><p block-type='Text'>Here, Defendants argue that removal is proper because Plaintiff cannot state a cause of action against Defendant under Florida law. Viewing the allegations of the amended complaint in the light most favorable to Plaintiff, it is clear that there is at least a possibility that Plaintiff can recover against Defendant under Florida law for each of the counts in the amended complaint—civil conspiracy, intentional infliction of emotional distress, and civil RICO. Joinder of Defendant in this action was therefore proper, which requires remand of this action to Florida state court.</p><h3>a. Plaintiff has a cognizable cause of action for civil conspiracy against Defendant</h3><p block-type='Text'>"The elements of a civil conspiracy are: (a) a conspiracy between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy." Walters v. Blankenship, 931 So. 2d 137, 140 (Fla. 5th DCA 2006) (citing Florida Fern Growers Ass'n, Inc. v. Concerned Citizens of Putnam County, 616 So. 2d 562 (Fla. 5th DCA 1993)). As Defendants point out, there muse be an "actionable underlying tort or wrong" for an actionable conspiracy claim. v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984).</p><p block-type='Text'>Plaintiff has grounded her conspiracy claim on the tort of sexual assault alleged in Count I of her amended complaint. In this count, Plaintiff alleges that Defendant Epstein tortiously assaulted her and states that the assault was committed in violation of Chapter 800 of the Florida Statutes. (Amended Complaint 11 17-18, DE 1, pp. 304-05). Under Florida law, sexual assault is an intentional tort. See Doe v. Celebrity Cruises, Inc., 394 F.3d 891, 917 (1 1 th Cir. 2004) ("Florida law equates sexual battery with an intentional tort."). This is true regardless of whether Defendant Epstein's violation of Chapter 800 of the Florida Statutes also creates a private right of action, which is a matter of first impression in Florida. Thus, Plaintiff has a cognizable cause of action for civil conspiracy against Defendant</p><h2>b. Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant M.</h2><p block-type='Text'>"The elements of the tort of intentional infliction of emotional distress are: (I) The wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused emotion[al] distress; and (4) the emotional distress was severe." Gallogly v. Rodriguez, 970 So. 2d 470, 471 (Fla. 2d DCA 2007) (citing LeGrande v. Emmanuel, 889 So. 2d 991, 994-95 (Fla. 3d DCA 2004)).</p><p block-type='Text'>Here, Plaintiff has alleged that Defendant used false pretenses to lure her (a 14-year old girl) to the mansion of Defendant Epstein and physically took her to Epstein so that he could subject her to sexual abuse and lewd behavior. Defendant</p><p block-type='Text'>recruited Plaintiff, as she had done numerous others, under the belief that Plaintiff was economically disadvantaged and would be unlikely to contact authorities after being sexually assaulted and abused by Defendant Epstein. Defendant was paid by Defendant Epstein only after the sexual assault and abuse were completed. And, Defendant knew that Plaintiff would be severely emotionally traumatized after the abuse. (Amended Complaint yy 9, I I, 15, 24-28, DE 1, pp. 302-03, 304, 306). These allegations are enough to demonstrate Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant because they amount to conduct that would be viewed as outrageous by any reasonable person.</p><p block-type='Text'>Defendants argue that Plaintiff is barred from recovering for intentional infliction of emotional distress under Florida law because she went to Defendant Epstein's home with the intent to give him a massage for monetary compensation when it is a crime (a misdemeanor), under section 480.047, Florida Statutes, to practice massage without a license. They claim Plaintiff cannot "recover damages flowing from her own illegal conduct." (Notice of Removal, DE 1, p. 16).</p><p block-type='Text'>First, Plaintiff's damages do not flow from her conduct in giving Defendant Epstein a massage without a license. Defendants Epstein, and engaged in a scheme to lure underage girls to Epstein's mansion in order for Epstein to sexually abuse them. Plaintiff's damages resulting from Defendants making her a victim to their intentional, outrageous, and criminal conduct in no way flow from her decision as a 14 year old girl to make some extra money by giving a massage.</p><p block-type='Text' class='has-continuation'>Furthermore, it is not a universal rule in Florida that any Plaintiff engaged in any criminal action, no matter how trivial, is barred from recovering damages suffered in</p><p block-type='Text'>connection with that conduct. "The defense of in pani delicto is not woodenly applied in every case where illegality appears somewhere in the transaction; since the principle is founded on public policy, it may give way to a supervening public policy." Kulla v. E.F. Hutton & Co., Inc., 426 So. 2d 1055, 1057 n. 1 (Fla. 3d DCA 1983). "'The fundamental purpose of the rule must always be kept in mind, and the realities of the situation must be considered. Where, by applying the rule, the public cannot be protected because the transaction has been completed, where no serious moral turpitude is involved, where the defendant is the one guilty of the greatest moral fault, and where to apply the rule will be to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule should not be applied." Id. (quoting Goldberg v. Sanglier, 96 Wash.2d 874, 639 P.2d 1347, 1353-54 (1982)). The fact that Florida law gives the trial court the discretion to apply the doctrine of in pari delicto, considering that all ambiguities must be resolved in favor of Plaintiff, does not take away from the fact that Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant</p><h1>c. Plaintiff has a cognizable cause of action for civil RICO against Defendant</h1><p block-type='Text'>Finally, Defendants argue that Plaintiff does not have a cognizable cause of action for civil RICO under section 772.104, Florida Statutes, because she was not directly injured by the Defendants' scheme. In Count IV of the amended complaint, Plaintiff alleges that Defendants engaged in a pattern of criminal activity in which Defendant found and delivered underage girls to Defendant Epstein in order for Epstein to "solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution and/or lewdness." (Amended Complaint I 32, DE 1, p. 307). She also alleges that she</p><p block-type='Text'>was a victim of Defendants' scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant and that she endured Epstein's actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness. (Amended Complaint 1 33, DE I, pp. 307-308). Plaintiff, who was a victim of Defendants' scheme, was directly harmed by the scheme and it is damages for this harm that she seeks in Count IV of the amended complaint. Cf. Palmas Y Bambu, S.A. v. E.I. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding plaintiff has standing to sue for civil RICO when her injuries flow directly from commission of the predicate acts, which means "when the alleged predicate act is mail or wire fraud, the plaintiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme"). Because Plaintiff was a target of Defendants' scheme and was harmed by their actions in carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against Defendant</p><h2>CONCLUSION</h2><p block-type='Text'>Plaintiff has cognizable causes of against Defendant a Florida citizen, for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Because Plaintiff has a possibility of recovering against Defendant under her amended complaint, Defendants have failed to meet their burden of demonstrating that was fraudulently joined in this action. As the parties lack complete diversity of citizenship, the Court lacks subject matter jurisdiction over this matter and should remand this case to Florida state court.</p><h3>CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3</h3><p block-type='Text'>On August 18, counsel for Plaintiff conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, but was unable to do so.</p><blockquote><p block-type='Text'>s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737)</p></blockquote><h2>Certificate of Services</h2><p block-type='Text'>I hereby certify that on August 18, 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 on August 18, 2008, on all counsel of record or pro se parties identified on the attached Service List in the manner specified, via transmission of Notices of Electronic Filing generated by CM/ECF.</p><blockquote><p block-type='Text'>sl Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI—LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe</p></blockquote><h2>SERVICE LIST</h2><p block-type='Text'>Doe v. Epstein, et. al.</p><p block-type='Text'>CASE NO: 08-80804-Civ-MARRA/</p><p block-type='Text'>United States District Court, Southern District of Florida</p><p block-type='Text'>Guy Alan Es .</p><p block-type='Text'>Email:</p><p block-type='Text'>Tein</p><p block-type='Text'>3059 Grand Avenue, Suite 340</p><p block-type='Text'>Coconut Grove, FL 33133</p><p block-type='Text'>Phone: (305) 442-1101</p><p block-type='Text'>Fax: (305) 442-6744</p><p block-type='Text'>Counsel for Jeffrey Epstein</p><p block-type='Text'>Served via CM/ECF</p><p block-type='Text'>Michael R. Tein, Esq.</p><p block-type='Text'>Email: tein@lewistein.com</p><p block-type='Text'>Tein</p><p block-type='Text'>3059 Grand Avenue, Suite 340</p><p block-type='Text'>Coconut Grove, FL 33133</p><p block-type='Text'>Phone: (305) 442-1101</p><p block-type='Text'>Fax: (305) 442-6744</p><p block-type='Text'>Counsel for Jeffrey Epstein</p><p block-type='Text'>Served via CM/ECF</p>
+ </body>
+</html></sup>

marker2-fixhub/court-doe-v-epstein-80804/EFTA02750166/EFTA02750166.receipt.json

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750177/EFTA02750177.md

@@ -0,0 +1,311 @@
+## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
+
+STATE OF FLORIDA CASE NO.: 2006CF009454AXX DIVISON: "W"
+
+vs.
+
+cn Is' Ucm= enact 55x x, / 0=cr, Ca zsoR =t -a F C
+
+r) r2 > JEFFREY EPSTEIN,
+
+Defendant.
+
+## DEFENDANT'S MOTION FOR RETURN OF PROPERTYPeci p rh)
+
+COMES NOW the Defendant, JEFFREY EPSTEIN, by and through higliindecigned attorney, and moves this Honorable Court to enter an Order for return of property seized on October 20, 2005 during execution of a search warrant at the Defendant's residence. In support thereof the Defendant states as follows:
+
+- 1. On October 20, 2005, the Palm Beach Police Department executed a search warrant at the Defendant's residence. During the execution of the warrant, numerous items of the Defendant's personal property were seized and impounded by the Palm Beach Police Department. A copy of the search warrant return is attached to this motion (Exhibit A).
+- 2. On June 30, 2008, the criminal charges arising from the search warrant were resolved through a negotiated plea agreement.
+- 3. No legal justification exists for the continued impoundment of the Defendant's personal property. The Defendant is entitled to the return of all personal property listed in Exhibit A.
+
+WHEREFORE, the Defendant, JEFFREY EPSTEIN, respectfully requests this Honorable Court to enter an Order for the return of his personal property.
+
+
+
+SCANNED JUL 2 4 2008
+
+# CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was sent via FAX and U.S. MAIL to Lanna Belohlavek, Esq., Assistant State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 2A si-clay of July, 2008.
+
+> ATTERBURY, GOLDBERGER & WEISS, P.A. 250 ustralian Avenue South, Suite 1400 W Palm Beac Florida 33401 (56 6 65;-8300
+
+J LBERGER, ESQUIRE Flo j Bar Number 262013
+
+Fg 1 o 6
+
+| <input type="checkbox"/> PROPERTY | <input type="checkbox"/> FOUND | <input type="checkbox"/> DECEASED (Probated) | <input type="checkbox"/> PERSONAL | <input type="checkbox"/> CONFISCATED | <input type="checkbox"/> DESTROY |
+| ---------------------------------------------- | ------------------------------------------- | ---------------------------------------------- | ------------------------------------------- | -------------------------------------- | ---------------------------------- |
+| <input checked="" type="checkbox"/> EVIDENCE | <input checked="" type="checkbox"/> TRIAL | <input type="checkbox"/> LABORATORY | <input type="checkbox"/> STOLEN/RECOVERED | <input type="checkbox"/> OTHER |  |
+| INCIDENT/CITATION NUMBER<br><b>05-368</b> | DATE/TIME RECOVERED<br><b>10-20-2005</b> | PROPERTY NUMBER (Leave Blank) | BIN NUMBER (Leave Blank) |  |  |
+
+**258 FL Brillo**
+
+| DISCOVERED BY / D.O.B. | ADDRESS Street City Zip | PHONE NUMBER |
+| ------------------------------------------------ | ------------------------- | -------------- |
+| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS Street City Zip | PHONE NUMBER |
+**Epstein Seff** | ADDRESS Street City Zip | PHONE NUMBER |
+| ADDT (IL SUSPECT / D.O.B.) | ADDRESS Street City Zip | PHONE NUMBER |
+
+![](_page_2_Picture_18.jpeg)
+
+| -------- | ---------- | ------- | -------------------------------------------------------------------- |
+| 1 | 1 |  | Phone message book (kitchen) |
+| 2 | 2 |  | Phone message book (office off kitchen) |
+| 3 | 3 |  | file folder (messages) w/ 2 more files (out of box) |
+| 4 | 1 |  | Shreddewed paper <del>marked subject</del> + checked |
+| 5 | 1 |  | orange file folder marked message messages |
+| 6 |  |  | x items 2-5 from office off kitchen |
+| 7 |  |  | Bige message table <del>off</del> from c/os <del>off</del> kitchen |
+| 8 | 1 |  | Brown message table <del>off</del> folder |
+| 9 | 99 |  | Black framed photo of nude girl |
+| 10 |  |  | Pictures in frame <del>1-teal</del> + 6-8 from checker |
+| 11 |  |  | <del>1-teal</del> ↑ from Yellow/Blue room off kitchen (off folder) |
+| 12 | 8 |  | Photos from office off Pool area |
+| 13 | 2 |  | Photos from table and left → High room off kitchen |
+| 14 | 2 |  | Photos table on right → Pool area |
+
+
+I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt.  
+I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer.
+
+SIGNATURE DATE SIGNATURE ID# UNIT
+
+| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------- | -------------------- |
+| I, Joseph Recarey, the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me, under the authority of this warrant.
+Sworn to and subscribed before me this 21 day of October 2005. | H Jan A. Burns | |
+
+| <input type="checkbox"/> PROPERTY | <input type="checkbox"/> FOUND | <input type="checkbox"/> DECEASED (Probated) | <input type="checkbox"/> PERSONAL | <input type="checkbox"/> CONFISCATED | <input type="checkbox"/> DESTROY |
+| ---------------------------------------------- | ------------------------------------------- | ---------------------------------------------- | ------------------------------------------- | -------------------------------------- | ---------------------------------- |
+| <input checked="" type="checkbox"/> EVIDENCE | <input checked="" type="checkbox"/> TRIAL | <input type="checkbox"/> LABORATORY | <input type="checkbox"/> STOLEN/RECOVERED | <input type="checkbox"/> OTHER |  |
+| INCIDENT/CITATION NUMBER<br>05-368 | DATE/TIME RECOVERED<br>10:30-05 | PROPERTY NUMBER (Leave Blank)<br>05-1024 | BIN NUMBER (Leave Blank) |  |  |
+
+358 EL-Brallo
+
+| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ------------------------ | --------- | -------- | ------ | ----- | -------------- |
+| ------------------------ | --------- | -------- | ------ | ----- | -------------- |
+
+| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| -------------------------------- | --------- | -------- | ------ | ----- | -------------- |
+| -------------------------------- | --------- | -------- | ------ | ----- | -------------- |
+
+Fostin Jff | ADDRESS
+358 EL-Brallo | Street | City | Zip | PHONE NUMBER |
+| --------------------------------------- | -------------------------- | -------- | ------ | ----- | -------------- |
+| --------------------------------------- | -------------------------- | -------- | ------ | ----- | -------------- |
+
+| ADDRNL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ------------------------- | --------- | -------- | ------ | ----- | -------------- |
+| ------------------------- | --------- | -------- | ------ | ----- | -------------- |
+
+| SPECIAL INSTRUCTIONS | FOUND PROPERTY
+90 DAYS | CLAIM
+NOT CLAIM |
+| ---------------------- | --------------------------- | -------------------- |
+| ---------------------- | --------------------------- | -------------------- |
+
+| ITEM# | QUANTITY | VALUE | DESCRIPTION |
+| ---------------------- | ---------- | ----------- | --------------------------------------------------------------------------------------------------- |
+| 13 | 2 | ✓ | VHS trapes from (r data By roof) |
+| 14 | 2 | * | CD's packed Huggy Brinders ↑ Creditors pack |
+| 15 | 3 |  | Photos framed from Cabana |
+| 16 | 1 | ✓ | message book 1st floor S/W corner (top also) |
+| 17 | 1 | ✓ | message book (from inside) |
+| 18 | 3 |  | CD's from desk |
+| 19 | 1 | * | DV from desk (Xems # 18 9:20 a) |
+| 20 |  | unfigured | Photos from desk from 1st floor S.W. |
+| 21 | 2 |  | framed Photos from desk |
+| 22 | 2 | ✓ | framed Photos from table in S/W corner also |
+| 23 | 3 |  | Soap on Rope (NE Bedroom) (with to room) |
+| 24 | 2 |  | Tuin Torpedo in Brown box |
+| 25 | 2 |  | Soap in Rope (middle Bedroom) (addresses target framed picture (from foyer into picture Bedroom)) |
+| TOTAL PACKAGE WEIGHT |  |  | Bedroom |
+
+I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt.
+
+I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer.
+
+SIGNATURE \_\_\_\_\_ DATE \_\_\_\_\_
+
+SIGNATURE \_\_\_\_\_ ID# \_\_\_\_\_ UNIT \_\_\_\_\_
+
+
+PALM BEACH POLICE DEPARTMENT
+
+
+
+PROPERTY RECEIPT
+
+
+DETECTIVE BUREAU
+
+| PBPD Form #52 |  | <input type="checkbox"/> PROPERTY | <input type="checkbox"/> FOUND | <input type="checkbox"/> DECEASED (Probated) | <input type="checkbox"/> PERSONAL | <input type="checkbox"/> CONFISCATED | <input type="checkbox"/> DESTROY |
+| ---------------------------------------------- | ---------------------------------------- | ------------------------------------------------- | ------------------------------------- | ---------------------------------------------- | ----------------------------------- | -------------------------------------- | ---------------------------------- |
+| <input checked="" type="checkbox"/> EVIDENCE |  | <input checked="" type="checkbox"/> TRIAL | <input type="checkbox"/> LABORATORY | <input type="checkbox"/> STOLEN/RECOVERED | <input type="checkbox"/> OTHER | (ab) |  |
+| INCIDENT/CITATION NUMBER<br><b>05-368</b> | DATE/TIME RECOVERED<br><b>10-20-05</b> | PROPERTY NUMBER (Leave Blank)<br><b>05-1024</b> | BIN NUMBER (Leave Blank) |  |  |  |  |
+
+**358 EL Brillo**
+
+| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| --------------------------------------------- | --------- | -------- | ------ | ----- | -------------- |
+| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| SUSPECT'S NAME / D.O.B. **Eastern Jeff** | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ADDITNL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+
+SPECIAL INSTRUCTIONS
+
+| FOUND PROPERTY | CLAIM |
+| ---------------- | ----------- |
+| 90 DAYS | NOT CLAIM |
+
+| ---------------------- | ---------- | ------- | -------------------------------------------------------------------------------- |
+| 37 | 1 | NCV | School TRANSCRIPT, ALEXANDER HALL, MASTER BOX ROOM DESK |
+| 28 | 1 | MC | BOTTLE OF JOY JELLY, MASTER BOX ROOM CR-DC/DZA MASTER BOX ROOM |
+| 129 | 3 | NCV | VIDEOTAPES 1/4, SEXIN CITY, EATIN JANINE, HENRY LESBIANS FOUR, MASTER BOX ROOM |
+| 30 | 6 | NCV | FRAMED PHOTOS FROM MEN'S BABIE ROOM - MASTER BOX ROOM |
+| 31 | 1 | NCV | GREEN MASSAGE TABLE, MEN'S BABIE ROOM - MASTER BOX ROOM → DNA with 3 Green |
+| 32 | 1 | NCV | THRIFT, / RENTAL AGREEMENT FROM CHEVROLET SUBURBAN (COPIED) |
+| 33 | 1 | MY | NOTE FROM JOHANNA FROM CHEVROLET SUBURBAN. |
+| 24 | WKB | 11 | CD'S from office of P.K. Lichen |
+| 65 | 6 |  | ZIP CD'S from Book case RETURN |
+| 86 | 2 |  | 8 MM Video to prs from Book case RETURN |
+| 37 | 4 |  | Compact flash cards from Book case RETURN |
+| 38 | 1 |  | Flash card from Camera on book case - RETURN TO OWNER |
+| 39 | 3 |  | ZIP CD'S from Book case RETURN |
+| 40 | 30 |  | CD'S from Book case (it is 35-40 from Buest house) RETURN |
+| TOTAL PACKAGE WEIGHT |  |  |  |
+
+
+
+| <input type="checkbox"/> PROPERTY |  | <input type="checkbox"/> FOUND | <input type="checkbox"/> DECEASED (Probated) | <input type="checkbox"/> PERSONAL | <input type="checkbox"/> CONFISCATED | <input type="checkbox"/> DESTROY |  |
+| ---------------------------------------------------------- | -- | ------------------------------------------- | ---------------------------------------------- | ------------------------------------------------- | -------------------------------------- | ---------------------------------- | ---------------------------------------------------------------------- |
+| <input checked="" type="checkbox"/> EVIDENCE |  | <input checked="" type="checkbox"/> TRIAL | <input type="checkbox"/> LABORATORY | <input type="checkbox"/> STOLEN/RECOVERED | <input type="checkbox"/> OTHER | <i>lab</i> |  |
+| INCIDENT/CITATION NUMBER<br><b>05-368</b> |  | DATE/TIME RECOVERED<br><b>10-20-05</b> |  | PROPERTY NUMBER (Leave Blank)<br><b>05-1024</b> |  | BIN NUMBER (Leave Blank) |  |
+| ADDRESS WHERE PROPERTY IMPOUNDED<br><b>258 El Brullo</b> |  |  |  |  |  |  |  |
+| DISCOVERED BY / D.O.B. |  | ADDRESS |  | Street | City | Zip | PHONE NUMBER |
+| OWNER'S NAME / D.O.B. |  | ADDRESS |  | Street | City | Zip | PHONE NUMBER |
+| SUSPECT'S NAME / D.O.B.<br><b>El Brullo, Jeff</b> |  | ADDRESS |  | Street | City | Zip | PHONE NUMBER |
+| ADDRNL SUSPECT / D.O.B. |  | ADDRESS |  | Street | City | Zip | PHONE NUMBER |
+| SPECIAL INSTRUCTIONS |  |  |  | FOUND PROPERTY<br>80 DAYS |  |  | CLAIM <input type="checkbox"/><br>NOT CLAIM <input type="checkbox"/> |
+
+| -------- | ---------- | ------- | ------------------------------------------------------- |
+| 41 | 1 | ✓ | Floppy disks from <del>desk</del> middle Shelf Return |
+| 42 | 1 | * | 2 iP drive disk from Guest room Return |
+| 43 | 1 |  | Power Cord for CPU from Guest room |
+| 44 | 1 |  | CPU from Guest Bedroom |
+| 45 | 10 | ✓ | 8 mm video Tapes in Guest Bedroom Return |
+| 46 | 1 | ✓ | max 11 CD-R in Guest bedroom Return (copied) |
+| 47 | BD | * | Disks in Clear Box Return |
+| 48 | 7 |  | ZIA Disks from Guest room Return |
+| 49 | 1 |  | Items # 35-48 from Guest Bedroom |
+| 50 | 1 |  | Missage book from Guest house office Return |
+| 51 | 2 |  | missage book Return |
+| 52 | 6 |  | CD's return #49-5 from Guest house office Return |
+| 53 | 1 |  | CPU from Guest house office Return |
+
+
+I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt.
+
+I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer.
+
+*[Signature]* **7 MIS D2**
+
+SIGNATURE ID# UNIT
+
+
+
+
+ PROPERTY  FOUND  DECEASED (Probated)  PERSONAL  CONFISCATED  DESTROY  
+ EVIDENCE  TRIAL  LABORATORY  STOLEN/RECOVERED  OTHER
+
+INCIDENT/CITATION NUMBER 05-368 DATE/TIME RECOVERED 10-20-05 PROPERTY NUMBER (Leave Blank) 05-1024 BIN NUMBER (Leave Blank)
+
+ADDRESS WHERE PROPERTY IMPOUNDED 358 EL Brillo Palm Beach
+
+DISCOVERED BY / D.O.B. ADDRESS Street City Zip PHONE NUMBER
+
+OWNER'S NAME / D.O.B. ADDRESS Street City Zip PHONE NUMBER
+
+SUSPECT'S NAME / D.O.B. 01-20-5 ADDRESS 350 EL Brillo Street City Zip PHONE NUMBER
+
+ADDT'NL SUSPECT / D.O.B. ADDRESS Street City Zip PHONE NUMBER
+
+SPECIAL INSTRUCTIONS FOUND PROPERTY 90 DAYS CLAIM  NOT CLAIM 
+
+ITEM # QUANTITY VALUE DESCRIPTION
+
+| ✓ 54 | 1 | ✓ | Power cord to CPU (#53) | Return |
+| ---------------------- | --- | --- | -------------------------------------------------------- | -------- |
+| ✓ 55 | 1 | ✓ | CPU from office off kitchen (Hall & Multibration) | Return |
+| ✓ 56 | 1 |  | Power cord to item #55 |  |
+| ✓ 57 | 3 | ✓ | CD's unit #55-57 from office off kitchen | Return |
+| ✓ 58 | 1 | ✓ | Peach mPssage table upstairs (Probated) (Blue & Black) | Return |
+|  |  |  |  | Return |
+|  |  |  |  | Return |
+|  |  |  |  | Return |
+|  |  |  |  | Return |
+|  |  |  |  | Return |
+|  |  |  |  | Return |
+| TOTAL PACKAGE WEIGHT |  |  |  |  |
+
+I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt.
+
+I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer.
+
+SIGNATURE
+
+DATE
+
+SIGNATURE
+
+ID#
+
+UNIT
+
+
+**PALM BEACH POLICE DEPARTMENT  
+PROPERTY RECEIPT**
+
+DETECTIVE BUREAU
+
+
+| <input type="checkbox"/> PROPERTY | <input type="checkbox"/> FOUND | <input type="checkbox"/> DECEASED (Probated) | <input type="checkbox"/> PERSONAL | <input type="checkbox"/> CONFISCATED | <input type="checkbox"/> DESTROY |
+| ---------------------------------------------- | -------------------------------------------- | ------------------------------------------------- | ------------------------------------------- | -------------------------------------- | ---------------------------------- |
+| <input checked="" type="checkbox"/> EVIDENCE | <input checked="" type="checkbox"/> TRIAL | <input type="checkbox"/> LABORATORY | <input type="checkbox"/> STOLEN/RECOVERED | <input type="checkbox"/> OTHER | (ab) |
+| INCIDENT/CITATION NUMBER<br><b>05-</b> | DATE/TIME RECOVERED<br><b>10 2005 14/0</b> | PROPERTY NUMBER (Leave Blank)<br><b>05-1024</b> | BIN NUMBER (Leave Blank) |  |  |
+
+**358 FL Bullo**
+
+| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ------------------------ | --------- | -------- | ------ | ----- | -------------- |
+| ------------------------ | --------- | -------- | ------ | ----- | -------------- |
+
+| OWNER'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ----------------------- | --------- | -------- | ------ | ----- | -------------- |
+| ----------------------- | --------- | -------- | ------ | ----- | -------------- |
+
+**RESTON JEFF** | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ----------------------------------------------- | --------- | -------- | ------ | ----- | -------------- |
+| ----------------------------------------------- | --------- | -------- | ------ | ----- | -------------- |
+
+| ADDTNL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER |
+| ------------------------- | --------- | -------- | ------ | ----- | -------------- |
+| ------------------------- | --------- | -------- | ------ | ----- | -------------- |
+
+| SPECIAL INSTRUCTIONS | FOUND PROPERTY | CLAIM |
+| ---------------------- | ---------------- | ----------- |
+|  | 80 DAYS | NOT CLAIM |
+
+| ITEM | QUANTITY | VALUE | DESCRIPTION |
+| ------ | ---------- | ------- | ------------------------------------------ |
+| 1 |  |  | GREEN DATO FLAVIE with Return DAKOD GIRL |
+
+
+I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt.
+
+I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer.
+
+SIGNATURE DATE SIGNATURE ID# UNIT
+
+| AB P 332 | 6 | 10-20-05 1500 kg |

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750185/EFTA02750185.md

@@ -0,0 +1,98 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/
+
+JANE DOE, a/Wa, JANE DOE NO. I,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN and
+
+Defendants.
+
+## PLAINTIFF'S MOTION TO PRESERVE EVIDENCE AND EXPEDITE CERTAIN DISCOVERY
+
+Plaintiff Jane Doe 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 on July 21, 2008. (DE 1).
+- 2. Plaintiff has filed a motion to remand on August 18, 2008. (D.E. 11).
+- 3. It has come to the attention of Plaintiff's counsel that on July 21, 2008, 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. (Ex. 1).
+- 4. This evidence is relevant and critical to the prosecution of not only the instant claim, but for six (6) other claims filed against Defendant EPSTEIN, including but not limited to the Florida RICO claims filed in State Court.
+
+WHEREFORE, Plaintiff respectfully request the Court grant her Motion to Preserve of all of the seized Evidence identified in Ex. A, to Exhibit 1 of this Motion (Palm Beach Police Department Property Receipt) 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.
+
+# 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 Tracfone Wireless, Inc. v. 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 I. 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 of 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.
+
+# CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.I.A.3
+
+On August 21, 2008, undersigned counsel conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, and Defendants' counsel advised that Defendants oppose this motion.
+
+> sl Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737)
+
+### Certificate of Services
+
+I hereby certify that on August 13, 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 on all counsel of record or pro se parties identified 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 counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.
+
+*s/ Spencer T. Kuvin*
+
+Spencer T. Kuvin (Florida Bar Number 089737)
+
+Attorney E-Mail Address:
+
+RICCI-LEOPOLD, P.A.
+
+2925 PGA Blvd.
+
+Suite 200
+
+Palm Beach Gardens, FL 33410
+
+Telephone: (561) 684-6500
+
+Facsimile: (561) 697-2383
+
+Counsel for Plaintiff Jane Doe
+
+#### SERVICE LIST
+
+Doe v. Epstein, et. al.
+
+CASE NO: 08-80804-Civ-MARRa
+
+United States District Court, Southern District of Florida
+
+Robert Critton, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 Phone: (561) 842-2820 Fax: (561) 515-3148 Counsel for Jeffrey Epstein Served via U.S. Mail, postage prepaid
+
+Guy Alan Es . Email: Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF
+
+Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561) 202-6360 Fax: (561) 828-0983 Counsel for Served via U.S. Mail, postage prepaid
+
+Michael R. Tein, Esq. Email: teinalewistein.com Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF
+
+Douglas M. McIntosh, Esq.
+
+Jason A. Esq.
+
+McIntosh, Sawran, Peltz & Cartaya, P.A.
+
+Centurion Tower, Suite 1110
+
+1601 Forum Place
+
+West Palm Beach, FL 33401
+
+Phone: (561) 682-3202
+
+Fax: (561) 682-3206
+
+Counsel for
+
+Served via U.S. Mail, postage prepaid

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750190/EFTA02750190.md

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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+NO. 08-80804-CIV-MARla
+
+JANE DOE 4a JANE DOE NO. 1,
+
+Plaintiff,
+
+v.
+
+JEFFREY EPSTEIN and
+
+Defendants.
+
+## ORDER
+
+THIS CAUSE comes before the Court on Plaintiff's Motion to Preserve Evidence and Expedite Certain Discovery (DE 12), filed August 21, 2008. Defendant Jeffrey Epstein is hereby ORDERED to file a response to this motion by 5:00 p.m. on Tuesday, August 26, 2008.
+
+DONE AND ORDERED in at West Palm Beach, Palm Beach County, Florida, this 21° day of August, 2008.
+
+> KENNETH A. MARRA United States District Judge
+
+Copies to: all counsel of record

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750191/EFTA02750191.md

@@ -0,0 +1,54 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA
+
+JANE DOE, a/k/a JANE DOE #1,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN and
+
+Defendants.
+
+## EPSTEIN'S RESPONSE TO MOTION TO PRESERVE EVIDENCE EDE 121
+
+Defendant Jeffrey Epstein hereby responds to the plaintiff Jane Doe's motion to preserve evidence, as follows:
+
+- 1. The Certificate of Compliance annexed to the plaintiff's motion states that plaintiff's "counsel conferred with counsel for [Mr. Epstein] . . . and [Epstein's] counsel advised that [Epstein] oppose[s] this motion." DE 12 at 2 (emphasis added). That certification is inaccurate.
+- 2. On August 21, 2008, counsel for the plaintiff called Kathryn Meyers, Esq. of the Tein law firm to elicit Epstein's position on this motion. Ms. Meyers responded that she would confer with Mr. Tein and call them back. Less than thirty minutes later, however, plaintiff's counsel - - without waiting to hear back from us - - electronically filed the motion, incorrectly certifying that we had actually opposed it.
+- 3. Upon receipt of the motion via CM/ECF, Ms. Meyers immediately notified plaintiffs counsel of their error. Plaintiff's counsel did not notify the court of the incorrect
+
+certification, leaving the Court with the impression that Epstein opposed the motion and perhaps prompting the Court to order an expedited response.
+
+- 4. In fact, Epstein has no opposition to the relief requested.
+- 5. It is worth noting that the motion for return of property filed in the State criminal matter has not been noticed for a hearing, has not been argued or ruled upon, and no property has been returned.
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: /s/ Michael R. Tein GUY A. Fla. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com KATHRYN A. MEYERS Fla. Bar No. 0711152 kmeyers@lewistein.com
+
+> ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+## CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on August 22, 2008, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified 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 counsel or parties who are not authorized to receive Notices of Electronic Filing.
+
+> /s/ Michael It Tein Michael R. Tein
+
+## Service List
+
+Theodore J. Leopold, Esq. Spencer Kuvin, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. (by fax and U.S. Mail) Jason A. Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. (by fax and U.S. Mail) Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. (by fax and U.S. Mail) Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750195/EFTA02750195.md

@@ -0,0 +1,25 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+NO. 08-80804-CIV-MARla
+
+JANE DOE, 4/a JANE DOE #1,
+
+Plaintiff,
+
+v.
+
+JEFFREY EPSTEIN and
+
+Defendants.
+
+## ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
+
+THIS CAUSE comes before the Court on Defendant Jeffrey Epstein's Opposed Motion to Align Response Date (DE 8), filed August 8, 2008. To date, Plaintiff has not filed a response. The Court has carefully considered the motion and is otherwise fully advised in the premises.
+
+It is hereby ORDERED AND ADJUDGED that Defendant's Motion (DE 8) is GRANTED. Defendant shall answer or otherwise respond to the Complaint by September 4, 2008.
+
+DONE AND ORDERED in at West Palm Beach, Palm Beach County, Florida, this 28th day of August, 2008.
+
+> 'cc KENNETH A. MARRA United States District Judge
+
+Copies to: all counsel of record

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750196/EFTA02750196.md

@@ -0,0 +1,175 @@
+JANE DOE, a/Wa, JANE DOE NO. 1,
+
+Plaintiff,
+
+vs.
+
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRS
+
+JEFFREY EPSTE1N, and SARAH KELLEN,
+
+Defendant
+
+0366-co I littA 0 tr
+
+## PROPOSED ORDER
+
+THIS CAUSE having come before this Court upon Plaintiff Jane Doe's UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE I2.!, and this Court being fully advised, it is hereby ORDERED AND ADJUDGED that
+
+- 1. The Motion is hereby granted.
+- 2. Plaintiffs shall have an enlargement of time to file a Civil RICO Case Statement until fifteen (15) days after their motion for remand is decided.
+
+DONE AND ORDERED this day of 2008.
+
+Copies furnished to: All counsel
+
+HON. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE
+
+![](_page_0_Picture_15.jpeg)
+
+CM/ECP - Live Database - flsd Page I of {sup}`I`
+
+# Motions
+
+9:.Q8-vti3.O04-1AM.Doe v,Ipstain.et.al
+
+# U.S. District Court
+
+# Southern District of Florida
+
+# Notice of Electronic Filing
+
+The following transaction was entered by Kuvin, Spencer on 8/13/2008 at 4:09 PM EDT and filed on 8/13/2008
+
+Case Name: Doe v. Epstein et al
+
+Case Number: 9L01-sy.49\_89tt
+
+Filer: Jane Doe
+
+Document Number:2
+
+#### Docket Text
+
+Unopposed MOTION for Extension of Time to File CIVIL RICO CASE STATEMENT by Jane Doe. (Kuvin, Spencer)
+
+9:08-cv-80804 Notice has been electronically mailed to:
+
+Spencer Todd Kuvin skuvin®riccilaw.com
+
+Theodore Jon Leopold thopold®riccilaw.com, lcuomo®riccilaw.com
+
+Guy Alan
+
+Michael EliTein tein®lewistein.com, krneycrs®Iewistein.com, mcapote@lewistein.com
+
+9:08-cv-80804 Notice has not been delivered electronically to those listed below and will be provided by other means. For further assistance, please contact our Help Desk at 1-888-318- 2260.:
+
+The following document(s) are associated with this transaction:
+
+Document description:Main Document
+
+Original filename:lila
+
+Electronic document Stamp:
+
+[STAMP deccfStamp ID-1105629215 (Date8/13/2008) [FileNumber-5434519-0 [0654241b3Ofb72965ca9748afeHde57a86ecOfa2d09487151919cfcf83dba7d366 5f92a5ffe52e756eabfb67e114844447096e53e7ea5e345e79a5daabd937a]]
+
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRAJJOHNSON
+
+JANE DOE, a/k/a, JANE DOE NO. 1,
+
+Plaintiff,
+
+vs.
+
+Sig Earia,
+
+Defendants.
+
+#### PLAJN'TIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE 12.1
+
+PlaintiffJane Doe moves, pursuant to Rule 7.I(A) of the Local Rules of the United States District Court for the Southern District of Florida, for an enlargement of time to file a Civil RICO Case Statement under Local Rule 12.1 until fifteen days after the Court rules on her motion to remand, which will be filed on or about August 18, 2008.
+
+- 1. Defendants removed this action to federal court on July 21, 2008. (DE 1).
+- 2. Because Plaintiff has pleaded a cause of action under section 772.103, Florida Statutes, she is required to file a Civil RICO Case Statement within thirty days of removal. See S.D. Fla. L.R. 12.1.
+- 3. Plaintiff believes this action was improperly removed from state court and shall file a motion to remand on or about August 18, 2008. It is Plaintiff's contention that the Court lacks subject matter jurisdiction over this case because it does not involve a federal question or parties with complete diversity of citizenship.
+
+s.
+
+- 4. If this action was improperly removed, Plaintiff should not be required to expend the time and expense necessary to create and file a Civil Rico Cast Statement, which would not be required in Florida state court.
+
+WHEREFORE, Plaintiff respectfully request the Court grant her motion for an enlargement of time to file a Civil RICO Case Statement until fifteen days after the Court rules on her motion to remand.
+
+# CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.l.A.3
+
+On August 13, undersigned counsel conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, and Defendants' counsel advised that Defendants do not oppose this motion.
+
+> sl Svencor T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737)
+
+### Certificate of Services
+
+1 hereby certify that on August 13, 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 on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CWECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.
+
+> sl Spencer T. Ktivin. Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI—LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe
+
+**SERVICE LIST**
+
+**Doe v. Epstein, et. al.**  
+**CASE NO: 08-80804-Civ-MARRA/JOHNSON**  
+**United States District Court, Southern District of Florida**
+
+Robert Critton, Esq.  
+Burman, Critton, Luttier & Coleman, LLP  
+515 N. Flagler Drive, Suite 400  
+West Palm Beach, FL 33401  
+Phone: (561) 842-2820  
+Fax: (561) 515-3148  
+
+Guy Alan [REDACTED], Esq.  
+Email: [REDACTED]  
+[REDACTED] Tein  
+3059 Grand Avenue, Suite 340  
+Coconut Grove, FL 33133  
+Phone: (305) 442-1101  
+Fax: (305) 442-6744  
+Served via CM/ECF
+
+Bruce E. Reinhart, Esq.  
+Bruce E. Reinhart, P.A.  
+250 Australian Avenue South, Suite 1400  
+West Palm Beach, FL 33401  
+Phone: (561) 202-6360  
+Fax: (561) 828-0983  
+*Counsel for [REDACTED]*  
+
+Michael R. Tein, Esq.  
+Email: [tein@lewistein.com](mailto:tein@lewistein.com)  
+[REDACTED] Tein  
+3059 Grand Avenue, Suite 340  
+Coconut Grove, FL 33133  
+Phone: (305) 442-1101  
+Fax: (305) 442-6744  
+Served via CM/ECF
+
+Douglas M. McIntosh, Esq.
+
+Jason A. [REDACTED], Esq.
+
+McIntosh, Sawran, Peltz & Cartaya, P.A.
+
+Centurion Tower, Suite 1110
+
+1601 Forum Place
+
+West Palm Beach, FL 33401
+
+Phone: (561) 682-3202
+
+Fax: (561) 682-3206
+
+*Counsel for* [REDACTED]

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750202/EFTA02750202.md

@@ -0,0 +1,45 @@
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+JANE DOE, by and through JANE CASE NO.: 08-80804-CIV-DOE'S MOTHER, as parent and natural MARRAZM guardian
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN, and
+
+Defendants.
+
+NOTICE OF LACK OF COMPLIANCE WITH LOCAL RULE 7.1.8.3 AND NOTICE OF INCORRECT ASSERTION OF CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.8.3. INACCURATE CHARACTERIZATION OF PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE 12.1 AS UNOPPOSED. D IMPROPER SUBMISSION OF PROPOSED ORDER REGARDING PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT TO FILE CIVIL RICO CASE STATEMENT PURSUANT TO LOCAL RULE 12.1
+
+COMES NOW, the Defendant, by and through her undersigned attorneys, and files this, her Notice of Lack of Compliance with Local Rule 7.1.8.3 and Notice of Incorrect Assertion of Certification of Compliance with Local Rule 7.1.8.3, Inaccurate Characterization of Plaintiff's Motion for Enlargement of Time to File Civil Rico Case Statement Pursuant to Local Rule 12.1 as Unopposed, and Improper Submission of Proposed Order Regarding Plaintiff's Unopposed Motion for Enlargement of Time to File Civil Rico Case Statement Pursuant to Local Rule 12.1, and sets forth as follows:
+
+- I. On August 13, 2008, counsel for the Plaintiffs submitted to the Court an Unopposed Motion for Enlargement of Time to File Civil Rico Case Statement
+
+CASE NO. 08-80804-CIV-MARRALMI.
+
+Pursuant to Local Rule 12.1, as well as aproposed order on said motion. (True and correct copies of these documents are attached hereto as Exhibit A.) The Motion inaccurately certifies that opposing counsel conferred with counsel for the Defendants and that Defendants' counsel do not oppose the motion. Neither of the undersigned attorneys, whom are known to represent Defendant were consulted in any way regarding this Motion and most certainly did not communicate to opposing counsel regarding whether said Motion would be opposed or not. Therefore the certification is incorrect as was the presentation to the Court of the Motion and the proposed order as being unopposed.
+
+## CERTIFICATE OF SERVICE
+
+WE HEREBY CERTIFY that on August 29, 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 on all counsel of record identified on the attached Service List, either via U.S. Mail or transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive Notices of Electronic Filing.
+
+> McINTOSH, SAWRAN, PELTZ & CARTAYA, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Telephone: (561) 682-3202 Facsimil (561) 682-3206
+
+By:
+
+DOUGLAS M. MCINTOSH Florida Bar No.: 325597 JASON A. Florida Bar o.: 734
+
+CASE NO. 08-80804-CIV-MARRA/MMII
+
+## SERVICE LIST
+
+THEODORE J. LEOPOLD, ESQUIRE SPENCER T. KUVIN, ESQUIRE (Attorneys for Plaintiff) Ricci -Leopold, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410
+
+BRUCE E. REINHART, ESQUIRE (Attorneys for Defendant,1 Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401
+
+JACK A. GOLDBERGER, ESQ. (Attorneys for Defendant, Jeffrey Epstein) Atterbury, Goldberger & Weiss, P.A. 250 S. Australian Avenue, Suite 1400 West Palm Beach, FL 33401
+
+ROBERT D. CRITTON, JR., ESQUIRE MICHAEL J. PIKE, ESQUIRE (Attorneys for Defendant, Jeffrey Epstein) Burman, Critton, Luther & Coleman, P.A. 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401
+
+MICHAEL R. TEIN, ESQUIRE GUY ALAN MI ESQUIRE Attorneys for Defendant, Jeffrey Epstein) Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750205/EFTA02750205.md

@@ -0,0 +1,99 @@
+UNITED STATES DISTRICT COURT  
+SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/ [REDACTED]
+
+JANE DOE, a/k/a  
+JANE DOE NO. 1,
+
+*Sealed*
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSTEIN, [REDACTED]  
+[REDACTED] and [REDACTED]
+
+Defendants.
+
+\_\_\_\_\_ /
+
+![](_page_0_Picture_78.jpeg)
+
+**FILED UNDER SEAL**
+
+**DEFENDANTS JEFFREY EPSTEIN AND [REDACTED]**  
+**MOTION TO FILE UNDER SEAL**
+
+[REDACTED] is Tein PL  
+CONSUMER SERVICE
+
+3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133
+
+*ig*
+
+Pursuant to Rule 5.4 of the Local Rules of the United States District Court for the Southern District of Florida, defendants Jeffrey Epstein and hereby move to file their motion for stay, as well as this motion, under seal, stating as follows:
+
+1. In their motion for stay, defendants Jeffrey Epstein and refer to a confidential agreement between the United States Attorney's Office for the Southern District of Florida and Jeffrey Epstein.
+
+2. The information contained in the confidential agreement is material to this Court's consideration of the defendants' motion for stay.
+
+3. To avoid disclosure of confidential material, the defendants request leave to file their motion for stay, and this motion, under seal.
+
+4. We recognize that this Court has previously unsealed documents referring to this same agreement. We mean in no way to disregard that order, but seek merely to comply with the confidentiality clause in that agreement for this new and independent filing, in an abundance of caution, until directed otherwise by the Court.
+
+The undersigned are authorized to represent that defendant joins in this motion.
+
+WHEREFORE, defendants Jeffrey Epstein and [REDACTED] respectfully request leave to file this motion and their motion for stay, under seal.
+
+Respectfully submitted,
+
+[REDACTED] TEIN, P.L.  
+3059 Grand Avenue, Suite 340  
+Coconut Grove, Florida 33133  
+Tel: 305 442 1101  
+Fax: 305 442 6744
+
+By:
+
+GUY A. [REDACTED]  
+Fla. Bar No. 623740
+
+[REDACTED]
+
+MICHAEL R. TEIN  
+Fla. Bar No. 993522  
+tein@lewistein.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A.  
+250 Australian Avenue South, Suite 1400  
+West Palm Beach, Florida 33401  
+Tel. 561 659 8300  
+Fax. 561 835 8691
+
+By: Jack A. Goldberger  
+Fla. Bar No. 262013  
+jgoldberger@agwpa.com
+
+**CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1**
+
+Undersigned counsel has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion.
+
+Michael R. Tein
+
+**CERTIFICATE OF SERVICE**
+
+I HEREBY CERTIFY that the foregoing document is being served this day, July 25, 2008, on counsel of record identified on the service list by U.S. Mail.
+
+Michael R. Tein
+
+## Service List
+
+Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. Jason A. , Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luther & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffrey Epstein

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750210/EFTA02750210.md

@@ -0,0 +1,281 @@
+UNITED STATES DISTRICT COURT  
+SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/ [REDACTED]
+
+JANE DOE, a/k/a  
+JANE DOE NO. 1,
+
+**Sealed**
+
+Plaintiff,
+
+**FILED UNDER SEAL**
+
+vs.
+
+JEFFREY EPSTEIN, [REDACTED]  
+and [REDACTED]
+
+Defendants.
+
+![](_page_0_Picture_184.jpeg)
+
+**DEFENDANTS JEFFREY EPSTEIN AND  
+[REDACTED] MOTION FOR STAY**
+
+*[Handwritten signature and date: 2/2/05]*
+
+\* This motion is filed under seal because the deferred-prosecution agreement between the United States Attorney's Office and Mr. Epstein, discussed herein, contains a confidentiality clause.
+
+Defendants Jeffrey Epstein and respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), Section 1595(bX1), and alternatively, under this Court's discretionary authority to stay civil litigation, based on the existence of a pending federal criminal action.
+
+#### Introduction
+
+This lawsuit arises from a pending federal criminal action concerning, among other things, an alleged assault of the plaintiff. According to her complaint, the plaintiff, while a minor, was "recruited . . . to give Epstein a massage for monetary compensation," and was "paid . . . \$300." Am. Comp/., ¶¶ 13-15.I A federal statute directly on point provides that when a civil suit alleging damages to a minor victim arises out of the same occurrence as a "criminal action," the civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. §
+
+Jane Doe, a/k/a Jane Doe No.1, is the same plaintiff who previously filed an original civil action in this Court, grounded upon diversity jurisdiction, through her father, based on the same allegations in this complaint. See Jane Doe No. I, et at v. Jeffrey Epstein, Case No. 08-80069- CIV-MARRA (WPB) (S.D. Ha., filed 1/24/08). Shortly after that lawsuit was filed by her father, her mother moved for leave to intervene and to stay, alleging that her father's attorney had filed the lawsuit without her consent. Id. at DE 4 (1/29/08) (motion to stay), ¶ 4 ("Jane Doe's Father filed this lawsuit against Defendant Jeffrey Epstein without the knowledge, consultation or consent of Jane Doe No. 1."). On February 20, Jane Doe No. 1 was deposed in State of Florida v. Jeffrey Epstein, 50 2006 CF009454A XXXMB (Fla. 15th Cir. Ct.), the parallel state-court criminal action (referred to infra at 2, as the "Florida Criminal Action'). During that deposition, the plaintiff made numerous admissions that completely undermined the allegations against Epstein that she had pled in her complaint. Two days later, her lawyer filed a notice of voluntary dismissal without prejudice in this Court. See Doe No. I v. Epstein, Case No. 08-CV-80069-KAM (DE 9). Less than three weeks later, on March 6, the plaintiff re-filed the instant lawsuit in Florida state court.
+
+3509(k) (emphasis added).2 Accordingly, a stay of this case is mandatory until the criminal action arising from the same allegations is no longer pending.
+
+## The Pendine Federal Criminal Action
+
+In 2006, a Florida state grand jury indicted Jeffrey Epstein on allegations similar to those in the instant action (State of Florida v. Jeffrey Epstein, Case No. 2006 CF 09454A, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida Criminal Action"). Shortly thereafter, the United States Attorney's Office for the Southern District of Florida (the "USAO") began a federal grand-jury investigation into allegations arising out of the same incidents alleged in the instant action (Grand Jury No. 07-103 (WPB), United States District Court for the Southern District of Florida) ("the Federal Criminal Action").
+
+In September 2007, the USAO and Mr. Epstein entered into a highly unusual and unprecedented deferred-prosecution agreement (the "Agreement"), in which the USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the condition that Mr. Epstein continue to comply with numerous obligations, the first of
+
+If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court.
+
+{sup}`2` The full text of the mandatory-stay provision reads:
+
+{sup}`18` U.S.C. § 3509(k).
+
+which was pleading guilty to certain state charges in the Florida Criminal Action.
+
+The Agreement itself uses the term "deferred" (rather than "dismissed" or "closed")
+
+to describe the status of the Federal Criminal Action:
+
+THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida prosecution in this District, for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement . . . .
+
+Agreement, at 2.
+
+By no stretch did the USAO finalize, close, complete, dismiss or abandon the Federal Criminal Action. Indeed, as the lead federal prosecutor recently explained, the USAO merely "agreed to defer federal prosecution in favor of prosecution by the State of Florida . . . ." See In re: Jane Doe, Case No. 08- 80736-C1V-MarrS (S.D. Fla.) (DE 14), Decl. of AUSA Villafana, 07/09/08, ¶ 5, attached hereto as Exhibit "A" (emphasis added). Under the Agreement, the USAO presently retains the continuing right to indict Mr. Epstein - - or to unseal "any" already-existing federal "charges" that may already have been handed up by the federal grand jury and sealed - - should he breach any of its provisions. Agreement, at 2.
+
+The period of the deferral continues until three months after Mr. Epstein completes service of his sentence in the Florida Criminal Action. Id. Indeed, the
+
+final three months of the Agreement's term constitute an extended period during which the USAO expressly retains the ability to evaluate whether Epstein committed any breaches of his numerous obligations under the agreement while he was serving his state sentence, and, if it so determines, reserves the right to indict (or unseal an existing indictment against) Mr. Epstein - - even after he has completed serving his entire state sentence.
+
+The Agreement further provides that upon Epstein's execution of a plea agreement in the State Criminal Case, the Federal Criminal Action "will be suspended" and all pending grand jury subpoenas "will be held in abeyance unless and until the defendant violates any term of this agreement." Agreement, at 5 (emphasis added). The Agreement directs the USAO and Epstein to "maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued," and to maintain such evidence "inviolate." Id. (emphasis added). It also expressly provides that the grand jury subpoenas continue to remain "outstanding" until "the successful completion of the terms of this agreement." Id. (emphasis added).
+
+Further, it includes a promise not to prosecute movant/defendant , only if "Epstein successfully fulfills all of the terms and conditions of th[e] agreement." Id.
+
+Finally, the Agreement provides that the USAO's declination of prosecution for certain enumerated offenses and dismissal of any existing (sealed) charges will not occur until 90 days following the completion of his state sentence:
+
+If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of [sic] giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement.
+
+After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein, if any, will be dismissed.
+
+Agreement, at 2.
+
+Consistent with the Agreement and its position that the Federal Criminal Action continues to remain pending, the USAO recently sent letters to attorneys for people that the USAO has designated as "victims." In those letters, the USAO asked, "[I]f you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that
+
+denial to the undersigned [AUSA]." See Decl. of AUSA Villafana, Exhs. 6 & 7, at 2 (July 9, 2008). The clear implication of the USAO's request (by which the USAO appears to involve itself in the instant litigation, despite advising the recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2), is that the USAO believes that such denial might breach the Agreement.
+
+Accordingly, the Federal Criminal Action remains "pending."
+
+## Discussion
+
+# I. Section 3509(k) Imposes a Mandatory Stay.
+
+The language of Title 18, United States Code, Section 3509(k) is clear and mandatory: a parallel "civil action shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added). The word "shall" means that the statute's command is mandatory and not subject to a Court's discretion. See, e.g., v. , 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory `shall' to impose discretionless obligations") (emphasis added); Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998) (explaining that "the mandatory `shall' . . . normally creates an obligation impervious to judicial discretion") (emphasis added). Cf v. , 530 U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison Litigation Reform Act, holding, "Through the PLRA, Congress clearly intended to make operation of the automatic stay mandatory, precluding courts from
+
+exercising their equitable powers to enjoin the stay. And we conclude that this provision does not violate separation of powers principles.") (emphasis added).
+
+One District Court within the Eleventh Circuit recently construed "the plain language of § 3509(k)" as "requirlingl a stay in a case . . . where . . . a parallel criminal action [is] pending." Doe v. Francis, No. 5:03 CV 260, 2005 WL 950623, at \*2 (N.D. Fla. Apr. 20, 2005) (Francis I!) (emphasis added). Accord Doe v. Francis, No. 5:03 CV 260, 2005 WL 517847, at \*1-2 (N.D. Fla. Feb. 10, 2005) (Francis I) (staying federal civil action in favor of "a criminal case currently pending in state court in Bay County, Florida, arising from the same facts and involving the same parties as the Instant action," noting that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). There is no contrary opinion from any court.
+
+In determining that the federal stay provision is mandatory, the Francis II court expressed that there was apparently no case law supporting, or even "discussing the [avoidance] of a stay [under the command of] § 3509(k)." Francis II, 2005 WL 950623, at \*2. Deferring to the statute as written, the Francis II court rejected the plaintiffs' argument that some of the alleged victims had already reached their majority. See id. The court similarly rejected the plaintiffs'
+
+7
+
+argument that it would be in the victims' best interests to avoid a stay so as to counteract the victims' "ongoing and increasing mental harm due to the `frustrating delay in both the criminal case and [the civil] case?" Id.
+
+## IL Section 3509(k) Applies to Investigations, Not Just Indictments.
+
+While there is no unsealed indicted criminal case against Mr. Epstein, the government's criminal investigation against him remains open. Section 3509(k) clearly applies to stay civil cases during the pendency, not only of indicted criminal cases, but also of pre-indictment criminal investigations.
+
+The term "criminal action" is not expressly defined in § 3509(k). It is defined, however, by a closely related statute. Title 18, U.S.C. § 1595 provides a civil remedy for "forced labor" and "sex trafficking" violations, but stays such actions "during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.i3 In enacting § 1595, Congress
+
+§ 1595. Civil remedy
+
+- (a) An individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.
+- (b) (I) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
+
+![](_page_8_Picture_9.jpeg)
+
+fhe full text of that statute provides:
+
+specifically intended that the term "criminal action" would be applied extremely broadly. Accordingly, Congress took pains to ensure that courts would give it the broadest possible construction and, for that reason, specified in the definition provision that "criminal action" also "includes investigation." 18 U.S.C. § 1595(bX2). rile only reported decision addressing this provision interpreted it according to its plain language. See Ara v. Khan, No. CV 07-1251, 2007 WL 1726456, \*2 (E.D.N.Y. June 14, 2007) (ordering "all proceedings in this case stayed pending the conclusion of the government's criminal investigation of the defendants and of any resulting criminal prosecution") (emphasis added).
+
+Given that the USAO's Agreement with Epstein indicates that:
+
+- the grand jury's subpoenas remain "outstanding" (Agreement, at 5);
+- the subpoenas are "h(e)ld . . . in abeyance" (id.);
+- the subpoenas are not "withdrawn" (id.);
+- the parties must "maintain their evidence" (id.) (which would be entirely unnecessary if the investigation against Epstein were closed);
+
+(2) In this subsection, a "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court.
+
+18 U.S.C. § 1595.
+
+{sup}`&#`x27; The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law Dictionary for the definition of statutory terms, including in criminal cases. See e.g., United States v. Young, 528 F.3d 1294, 1297 n.3 (11th Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States v. 526 F.3d 691, 705 (11th Cir. 2008) (definition of "knowingly" in criminal statute).
+
+- "any" existing "charges" will not "be dismissed" until after Epstein has "timely fulfill[ed] all the terms and conditions of the Agreement" (id. at 2); and
+- "prosecution in this District ... shall be deferred" (id.) (but not closed or dismissed) - -
+
+then the only reasonable conclusion is that the Federal Criminal Action remains "pending."
+
+The ordinary meaning of the adjective "pending" is "[r]emaining undecided; awaiting decision . . . ." Black's Law Dictionary 1154 (8th ed. 2004). 4 See also v. Klitzkie, 281 F.3d 920, 928 (9th Cir. 2002) (relying on Black's Law Dictionary, in the context of a criminal case, for the definition of "pending" as "awaiting decision"); Swartz v. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying on Black's Law Dictionary for the definition of "pending," expressly because "'pending' is not defined in the statute"). Any common-sense reading of the Agreement and the USAO's recent sworn construction of it, is consonant with the Federal Criminal Action's "remaining undecided" and "awaiting decision." See Unified Gov't of Athens-Clarke County v. Athens Newspapers, LLC, No. S07G1133, \_S.E.2d 2008 WL 2579238, \*3 (Ga. June 30, 2008) (reviewing a public-records request against Georgia's "pending investigation" exception to its open-records law, and holding that "a seemingly inactive investigation which has
+
+not yet resulted in a prosecution logically "remains undecided," and is therefore "pending," until it "is concluded and the file closet) (emphasis added).
+
+# III. Section 3509(k) Applies Even After a Plaintiff Turns 18.
+
+The parallel stay provision in § 1595, discussed supra at 8-9, mandates, without exception, that any civil action brought under that section for violation of § 1591 (prohibiting transportation of minors for prostitution) "shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim." 18 U.S.C. § 1591(b)(I). Whether the § 1595 plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay.
+
+An example illustrates why the stay provided in § 3509(k) has the same broad scope as the stay provided in § 1591(6)(1). As discussed above, § 3509(k) stays any civil suit for injury to a minor, arising out of the same occurrence as a pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just like § 1591 - - prohibits transportation of minors for prostitution. The elements of both statutes are identical. There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(6)(1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the
+
+victim turns 18), the identical treatment should apply under § 3509(k) to civil actions brought for the identical violation of § 2423(a).
+
+Logic compels a rule requiring continued application of the § 3509(k) stay to a putative victim who has since turned 18. Consider again the example of § 2243(a). Assume that the USAO is investigating a § 2243(a) violator with two alleged victims; one who is now 17, and one who has turned 19. Assume further that both decide to sue the alleged offender while the USAO is still in the process of conducting its criminal investigation. Why would Congress prohibit the defendant from conducting civil discovery in the 17-year-old's lawsuit, but permit him to conduct full discovery in the 19-year-old's lawsuit, including taking the depositions of both the 19- and the 17-year-old, the federal investigating agents and all the grand-jury witnesses? This could not have been Congress' intent.
+
+The legislative history to a statute resembling § 1595 is also instructive. When Congress enacted 18 U.S.C. § 2255, it provided a civil remedy to any "minor . . . victim" of enumerated federal sex offenses. See Child Abuse Victims' Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783, § 703 (1986). In 2006, Congress amended the statute to clarify that the civil cause of action was available not just while the victim was a minor, but even after she or he turned 18. See Pub. L. 109-248, 120 Stat. 650, § 707 (b)(I)(A) (amending § 2255 to permit suit by adults who were victims of enumerated federal offenses when they were minors, by deleting "Any minor who is [a victim]" and adding "Any person, who, while a minor, was [a victim]"). Meanwhile, the stay provisions of § 3509(k) remained unchanged. There is no reason to think that Congress would afford prosecutors protection for their investigations while the victims were minors, but completely eliminate those protections the moment one of the victims turned 18.
+
+The District Court for the Northern District of Florida confirmed this position, and specifically rejected the plaintiffs' contrary argument. See Francis 11, 2005 WL 950623, at \*2. The plaintiffs there argued that "the stay should be lifted due to the fact that the minor Plaintiffs have now reached the age of majority during the pendency of the state criminal case." Id. The court found this argument "unavailing . . . given the victims' minor status at the time of the events giving rise to the underlying claims." Id. The court specifically held that "because the victims were minors at the time of the Defendants' actions alleged in both [the civil and criminal] cases, § 3509(k) applies." Id. (emphasis added).
+
+The United States Department of Justice has itself emphatically embraced the interpretation of § 3509(k) as applying to stay all civil actions relating to sex offenses against minors, pending the completion of a parallel criminal action, without regard to whether the plaintiff has turned 18 during her civil lawsuit:
+
+The subsection should stay all pending civil actions in the wake of a criminal prosecution. Notably, in the context of 18 USC § 2255 ("civil remedy for personal injuries"), all civil actions are stayed pending the completion of a criminal action. See also 18 USC § 3509(k).
+
+H.R. Rep. 108-264(11), 108th Cong., 1st Sess. (2003), reprinted at 2003 WL 22272907, at \* 16-17 ("agency view" by the Department of Justice on bill later codified at 18 U.S.C. § 1595).
+
+The Department specifically argued to Congress in the clearest terms: "We believe that prosecutions should take priority over civil redress and that prosecutions should be complete prior to going forward with civil suits." Id. at 17 (emphasis added). Nowhere did the Department suggest that pending prosecutions warrant less protection (Le., should be "hinder[ed]") simply because a particular civil plaintiff happens to reach his or her 18th birthday.
+
+Finally, it would be incongruous for the plaintiff to claim that § 3509(k) is no longer applicable to her because she is no longer a minor, but, at the very same time, claim that she is entitled to file this lawsuit under a fictitious name "to protect her identity because the Complaint makes sensitive allegations of sexual assault and abuse that she suffered while a minor." Am. Compl., ¶ 2 (emphasis added).
+
+# IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits.
+
+Inherent in any § 3509(k) stay is delay to the progress (discovery, trial, appeal) of all related civil lawsuits. Congress recognized this in enacting the stay provision, which necessarily prioritized the interests of completing a criminal investigation and prosecution over the interests of a particular plaintiff in seeking
+
+personal pecuniary damages. Based on this reasoning, the Francis II court specifically refused to provide any relief to plaintiffs "simply because the state [criminal] matter is not progressing as fast as they would hope." The court made this determination despite the plaintiffs' complaints about the "frustrating delay" and that "the state criminal case `has languished for almost two years with no end in sight,' finding that this "is a matter to be addressed in state [criminal] court." Id. Accordingly, the anticipated delay in this case, attendant to the term of the deferred-prosecution agreement, does not change the clear command of § 3509(k).
+
+According to her own pleadings, the plaintiff waited three years before filing this lawsuit, Am. Compl. ¶ 9, and so cannot rightfully claim prejudice from additional temporary delay.
+
+# V. Section 3509 Aside, a Discretionary Stay is Warranted.
+
+Even, arguendo, were this Court not to apply the mandate of § 3509, a discretionary stay should still be entered during the pendency of the Federal Criminal Action. SEC v. Healthsouth Corp., 261 F. Supp. 2d 1298, 1326 (N.D. Ala. 2003) ("No question exists that this court has the power to stay a civil proceeding due to an active, parallel criminal investigation."). Other federal statutes support such a stay -- particularly when the criminal action may be adversely affected by the civil litigation. For example, under 18 U.S.C. § 2712(e)(1), "the court shall stay any action commenced [against the United
+
+States] if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or prosecution of a related criminal case." Allowing this lawsuit to progress while Epstein remains subject to the Federal Criminal Action will prejudice him irrevocably and irreparably. As provided below, there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending.
+
+In this lawsuit, Epstein has a right to defend himself. In the Federal Criminal Action, Epstein has a right against self-incrimination. Hoffman v. United States, 341 U.S. 479, 486 (1951) (holding that the privilege applies in "instances where the witness has reasonable cause to apprehend danger" of criminal liability"). Without a stay, Epstein will be immediately forced to abandon one of these rights.
+
+Should he choose his Fifth Amendment rights, he will expose himself to an adverse inference at the summary-judgment stage and at trial. See generally, Wehling v. Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing that "invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact"). On the other hand, should Epstein choose his right to defend himself in this lawsuit, the USAO will be able to use his responses at every stage of the discovery and trial process (e.g., his Answer, responses to document requests, responses to requests for admissions, sworn answers to interrogatories, answers to deposition questions, and trial testimony) to his detriment in the Federal Criminal Action. {sup}`5`
+
+In this lawsuit, even before civil discovery begins, under the Initial Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein "must" disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action (Rule 26(a)(1)(AXi)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(aX 1 )(AXii)), as well as the identity of "any" expert witness he "may use at trial," along with mandatory disclosure of "a written report" containing "a complete statement of all opinions the [expert] will express and the basis and reasons for them" (Rule 26(aX2XA) and (BXi)).
+
+In contrast, in the pending Federal Criminal Action, which is governed exclusively by the Federal Rules of Criminal Procedure, the USAO would not be entitled to compel pre-trial production of any of this in formation. See Fed. R. Cr. P. 16(b)(1XA), (C), and 16(bX2); United States v. Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege).
+
+s This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions. 98 Harv. L. Rev. 1023, 1030 (1985) (observing that "the prosecutor may have access to detailed civil depositions of the accused's witnesses, while the rules of criminal procedure bar the accused from deposing the prosecutor's witnesses").
+
+Thus, absent a stay of this civil action, the USAO would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy. See Comment, 98 Ham L. Rev. at {sup}`1030` ("To the extent that aprosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding, the criminal process becomes less adversarial.").
+
+Without a stay in place, discovery will proceed, including against third parties. Mr. Epstein will have no alternative but to issue subpoenas seeking evidence from state and federal law-enforcement officers. For example, Epstein is clearly entitled to discover evidence of prior statements (including inconsistent statements) given by witnesses whom law-enforcement has previously interviewed. See, e.g., Cox v. Treadway, 75 F.3d 230 (6th Cir. 1996) (holding that district court properly admitted testimony of prosecutor about prior inconsistent statements that witness made to the prosecutor). Likewise, Epstein may be entitled to discovery of relevant evidence that is in the present possession of the grand jury or other lawenforcement agencies. See, e.g., Simpson v. Hines, 729 F. Supp. 526, 527 (E.D. Tex. 1989) ("The grand jury has concluded its deliberations . . . . The need for secrecy of these specific tapes no longer outweighs other concerns."); Golden Quality Ice Cream Co., Inc. v. Deerfield Specialty Papers, Inc., 87 F.R.D. 53, {sup}`59` (E.D. Pa. 1980) ("[W]here, as here, the grand jury has completed its work and all
+
+that is sought are those documents turned over to the grand jury by the corporations which are defendants in the civil case, the considerations . . . militating against disclosure are beside the point.") (citing Douglas Oil Co. of Calif, v. Petrol Stops My., 441 U.S. 211 (1979)).
+
+In response to such third-party subpoenas to law-enforcement witnesses, we anticipate that it will be the government, not Mr. Epstein, who will object to discovery in this civil case, until the final conclusion of the Federal Criminal Action.
+
+#### Conclusion
+
+Because this lawsuit arises from the same allegations as the Federal Criminal Action, this Court should stay this lawsuit until that action is no longer pending.
+
+Respectfully submitted,
+
+=TEN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: {sup}`144`
+
+GUY A. Fla. Bar No. 623740
+
+MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+20
+
+**CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.D.3**
+
+Counsel for defendant has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion.
+
+Michael R. Tein
+
+**CERTIFICATE OF SERVICE**
+
+I HEREBY CERTIFY that the foregoing document is being served this day, July 25, 2008, on counsel of record identified on the service list by U.S. Mail.
+
+Michael R. Tein
+
+## Service List
+
+Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for Plaintiff Jane Doe
+
+Douglas M. McIntosh, Esq. Jason A. , Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant
+
+Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant
+
+Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counsel for Jeffiey Epstein
+
+# EXHIBIT A
+
+IN RE: JANE DOE,
+
+Petitioner.
+
+#### DECLARATION OF A. VILLAFARA IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. & 3771
+
+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+Case No. 08-80736-Civ-Marra/. FILED by D.C.
+
+![A small rectangular marker with a black border. Inside the border, the text 'FILED by <u>778</u> D.C.' is written at the top, and 'JUL 09 2008' is written in the center. Below that, the text 'STEVEN M. LARIMORE CLERK U.S. DIST. CT. S.D. OF FLA. - W.B.B.' is written at the bottom.]()1. I, A. iVillafana, do hereby declare that I am a member in good standing of the Bar of the State of Florida. 1 graduated from the University of California at Berkeley School of Law (Boalt la in 1993. After serving as a judicial clerk to the lion. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein.
+
+2. 1 am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses.
+
+3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to three clients, T.M., C.W., and S.R.' Your Affiant's letter to C.W. was provided by the FBI. (Ex. I ). Your Affiant's letter to T.M. was hand-delivered by myself to T.M. at the time that she was interviewed (Ex. 2)? Both C.W. and T.M. also received letters from the FBI's Victim-Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). S.R. was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. S.R.'s status as a victim of a federal offense was confirmed when she was interviewed by
+
+<sup>&#</sup>x27;Attorney filed his Motion on behalf of "Jane Doe," without identifying which of his clients is the purported victim. Accordingly. ] will address facts related to C.W., T.M., and S.R. All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old.</p><p><sup>&#</sup>x27;Please note that the dates on the U.S. Attorney's Office letters to C.W. and T.M. are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted.</p><p block-type='Text'>federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to S.R. on May 30, 2008 (Ex. 5).</p><p block-type='Text'>4. Throughout the investigation, the FBI agents. the FBI's Victim-Witness Specialist, and your A ffiant had contact with C.W. and S.R. Attorney other client, T.M., was represented by counsel and, accordingly, all contact with T.M. was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.'</p><p block-type='Text'>5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida (''the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9. 2008. is the following:</p><p block-type='Text'>"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein</p><p><sup>&#</sup>x27;The undersigned does not know when Mr. began representing T.M. or whether T.M. ever formally terminated Mr. Eisenberg's representation.</p><p block-type='Text'>had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."</p><p block-type='Text'>6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision.</p><p block-type='Text'>7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, T.M. was openly hostile to the prosecution of Epstein. The FBI attempted to interview S.R. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney ' clients had expressed a desire to be consulted prior to the resolution of the federal investigation.</p><p block-type='Text'>8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was C.W. who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been</p><p block-type='Text'>notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement.</p><p block-type='Text'>9. After C.W. had been notified of the terms of the agreement, but before Epstein performed his obligations, C.W. contacted the FBI because Epstein's counsel was attempting to take her deposit ion and private investigators were harassing her. Your Affiant secured pro bono counsel to represent C.W. and several other identified victims. Pro bono counsel was able to assist C.W. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that C.W. was dissatisfied with the resolution of the matter.</p><p block-type='Text'>10. In mid-June 2008, Attorney contacted your Affiant to inform me that he represented C.W. and S.R. and asked to meet to provide me with information regarding Epstein. I invited Attorney to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney that he should consider contacting the State Attorney's Office, i f he so wished. I understand that no contact with that office was made. Attorney had alluded to T.M., so I advised him that, to my knowledge, T.M. was still represented by Attorney James Eisenberg.</p><p block-type='Text'>II. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney notified me that he represented T.M., and I assumed that he would pass on the notice to her, as well. Attorney informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney clients was present.</p><p block-type='Text'>12. On today's date, your Affiant provided the attached victim notifications to C.W. and S.R. via their attorney, (Exs. 6 & 7). A notification was not provided to T.M. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of T.M.'s prior statements to law enforcement, your Affiant could not in good faith include 1.M. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel.</p><p block-type='Text'>13. Furthermore, with respect to the Certification of Emergency, Attorney did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon ofJuly 7. 2008, after your A fliant had</p><p>already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney [REDACTED] that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition.</p><p>14. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief.</p><p>Executed this <u>9th</u> day of July, 2008.</p><img/><p><img src='\_page\_31\_Picture\_2.jpeg'></p><h4>U.S. Department of Justice</h4><p block-type='Text'>United States Attorney Southern District of Florida</p><p><img src='\_page\_31\_Picture\_5.jpeg'></p><p block-type='Text'>500 South Ausiralian Ave . Sitar 400 West Palm Beach. FL BIN (561)820.8711 Facsimile (56 1)820.8777</p><p block-type='Text'>June 7, 2007</p><h4>DELNERY BY HAND</h4><p block-type='Text'>Miss oda a</p><p block-type='Text'>Re: Crime Victims' and Witnesses' Rithls</p><p block-type='Text'>Dear Miss WS</p><p block-type='Text'>Pursuant to the Justice for All Act 012004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights arc:</p><p block-type='ListGroup'><ul><li block-type='ListItem'>(I) The right to be reasonably protected from the accused.</li><li block-type='ListItem'>(2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.</li><li block-type='ListItem'>(3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding.</li><li block-type='ListItem'>(4) The nght to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.</li><li block-type='ListItem'>(5) The reasonable right to confer with the attorney for the United States in the case</li><li block-type='ListItem'>(6) The right to full and timely restitution as provided in law.</li><li block-type='ListItem'>(7) The right to proceedings free from unreasonable delay.</li><li block-type='ListItem'>(8) The nghi to be treated with fairness and with respect for the victim's dignity and pnvacy</li></ul></p><p block-type='Text'></p><p block-type='Text'></p><p block-type='Text'>Members of vie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights arc protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkcndall from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.</p><p block-type='Text'>You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the tights set forth above are being violated, you have the right to petition the Court for relief.</p><p block-type='Text'>m ss cella PINE 7.2017 PAGE 2</p><p block-type='Text'>In addition to these nghts, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent Kuyrkendall or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violalambe law.- However, if you arc contacted, you have the choice of speaking to that person or refusing Oda t. If you refuse and feel that you are being threatened or harassed, then please contact Special Agent Kuyrkendall or myself</p><p block-type='Text'>You also are entitled to notification of upcoming case events. At this time, your case is under investigation) If anyone is charged in connection with the investigation, you will be notified.</p><p block-type='Text'>Sincerely,</p><p block-type='Text'>R. Alexander Acosta United States Attorney</p><p block-type='Text'>By:</p><p block-type='Text'>cc: Special Agent Nesbitt Kuyrkendall, F.B.I.</p><p block-type='Text'></p><p block-type='Text'>p -To</p><p block-type='Text'>A Villafaha Assistant United States Attorney</p><p><img src='\_page\_33\_Picture\_2.jpeg'></p><p block-type='Text'>United States Attorney Southern District of Florida</p><p><img src='\_page\_33\_Picture\_5.jpeg'></p><p block-type='Text'>500 South Austrahon Ave . Suite 400 West Palm Beach. FL 33401 (561)820-8211 Facsimile (561)8208777</p><p block-type='Text'>August 11, 2006</p><h4>12BLIVERY BY HANQ</h4><p block-type='Text'>Miss Tee</p><p block-type='Text'>Re' Come Victims' and Witnoses' Right;</p><p block-type='Text'>Dear Miss ms.</p><p block-type='Text'>Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of nghts. Those rights are:</p><p block-type='ListGroup'><ul><li block-type='ListItem'>(I) The right to be reasonably protected from the accused.</li><li block-type='ListItem'>(2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.</li><li block-type='ListItem'>(3) The right not to be excluded from any public court proceeding, unless the court dcterm•nes that your testimony may be materially altered if you are present for other portions of a proceeding.</li><li block-type='ListItem'>(4) The nglit to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.</li><li block-type='ListItem'>(5) The reasonable right to confer with the attorney for the United States in the case.</li><li block-type='ListItem'>(6) The right to full and timely restitution as provided in law</li><li block-type='ListItem'>(7) The right to proceedings free from unreasonable delay.</li><li block-type='ListItem'>(8) The right to be treated with fairness and with respect for the victim's dignity and privacy. (</li></ul></p><p block-type='Text'></p><p block-type='Text'>Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209.1047, or Special Agent Nesbitt Kuyrkendall from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.</p><p block-type='Text'>You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights ;et forth above are being violated, you have the right to petition the Court for relief</p><p block-type='Text'>MISS T At ;GUS I' 11, 2006 PAGE 2</p><p block-type='Text'>In addition to these rights, you arc entitled to counseling and medical services, and I., from intimidation and harassment. If the Court determines that you are a victim, you entitled to restitution horn the perpetrator. A list of counseling and medical service rim be provided to you, if you so desire. If you or your family is subjected to any harassment, please contact Special Agent Kuyrkendall or myself immediately. It is I" someone working on behalf of the targets of the investigation may contact you. Such not violate the law However, if you are contacted, you have the choice of speaking to it or refusing to do so. If you refuse and feel that you are being threatened or harassed, II,: Contact Special Agent Kuyrkendall or myself</p><p block-type='Text'>You also are entitled to notification of upcoming ease events. At this lime, you; investigation. If anyone is charged in connection with the investigation, you will he oh,.</p><p block-type='Text'>Sincerely,</p><p block-type='Text'>R. Alexander Acosta United States Attorney •</p><p block-type='Text'>By:</p><p block-type='Text'>A. Assistant United States Attorney</p><p block-type='Text'>cc: Special Agent Nesbitt Kuyrkendall, F.D.I</p><p block-type='Text'></p><p><img src='\_page\_35\_Picture\_14.jpeg'></p><p>U.S. Department of Justice<br/>Federal Bureau of Investigation<br/>FBI - West Palm Beach<br/>Suite 500<br/>505 South Flagler Drive<br/>West Palm Beach, FL 33401<br/>Phone: (561) 833-7517<br/>Fax: (561) 833-7970</p><p>January 10, 2008</p><p>Case Number: [REDACTED]<br/>[REDACTED]</p><p>Re: Case Number: [REDACTED]</p><p>Dear [REDACTED] W/[REDACTED]</p><p>This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.</p><p>As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.</p><p>We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.</p><p>The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '1941737' and 'Personal Identification Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is W[REDACTED]</p><p><img src='\_page\_35\_Picture\_24.jpeg'></p><p block-type='Text'>\sr If you have additional questions which Involve this matter, please contact the office listed above. When you eel, please provide the file number located at the top of ltds letter. please remember, your parlicipebon in the notification part of this program is voluntary. In order to continue to receive notifications. it is your responsibility to keep your contact information current.</p><p block-type='Text'>Sincerely.</p><p block-type='Text'>4 ,1); IAA</p><p block-type='Text'>Tveller Nilcam Specialist</p><p><img src='\_page\_37\_Picture\_17.jpeg'></p><p>U.S. Department of Justice<br/>Federal Bureau of Investigation<br/>FBI - West Palm Beach<br/>Suite 500<br/>505 South Flagler Drive<br/>West Palm Beach, FL 33401<br/>Phone: (561) 833-7517<br/>Fax: (561) 833-7970</p><p>January 10, 2008</p><p>James Elsenberg<br/>One Clearake Center Ste 704 Australian South<br/>West Palm Beach, FL 33401</p><p>Re: [REDACTED]</p><p>Dear James Elsenberg:</p><p>You have requested to receive notifications for [REDACTED] N</p><p>This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.</p><p>As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.</p><p>We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.</p><p>The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4618) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '1941741' and Personal Identification Number (PIN) '7760' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Elsenberg.</p><p><img src='\_page\_37\_Picture\_28.jpeg'></p><p block-type='Text'>set if you have additional questions which Involve this matter, please contact the office listed above. When you all. please provide the the number located at the top of this letter. Please remember, your participation in the notification pen of this program is voluntary. In order to continue to receive notifications. It is your iesporielblUty to keep your contact Information current.</p><p block-type='Text'>Sincerely.</p><p block-type='Text'>c os) I Lam. -2sr, TR)</p><p block-type='Text'>Twiler Victim RF IlliS1</p><p><img src='\_page\_39\_Picture\_19.jpeg'></p><p>U.S. Department of Justice<br/>Federal Bureau of Investigation<br/>FBI - West Palm Beach<br/>Suite 500<br/>505 South Flagler Drive<br/>West Palm Beach, FL 33401<br/>Phone: (561) 833-7517<br/>Fax: (561) 833-7970</p><p><img src='\_page\_39\_Picture\_21.jpeg'></p><p>May 30, 2008</p><p>SECRET<br/>[REDACTED]</p><p>Re: [REDACTED]</p><p>Dear SA [REDACTED]</p><p>Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case.</p><p>This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.</p><p>As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.</p><p>We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.</p><p>The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' and Personal Identification Number (PIN) '1816' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is [REDACTED]</p><p>[REDACTED]</p><p>[REDACTED]</p><p block-type='Text'>Ilmer If you nave additional questions which Involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember. your participation ,n the notification part of this program Is voluntary. In order to continue to receive notifications. his your responsibility to keep your contact information current.</p><p block-type='Text'>Sincerely,</p><p block-type='Text'>tcA-</p><p block-type='Text'>Twiler - Victim Specialist</p><p><img src='\_page\_41\_Picture\_5.jpeg'></p><p block-type='Text'>U.S. Department of Justice</p><p block-type='Text'>United States Attorney Southern District of Florida</p><p><img src='\_page\_41\_Picture\_8.jpeg'></p><p block-type='Text'>500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 O6118204711 Facsimile: (S61) 870-8777</p><p block-type='Text'>July 9, 2008</p><h4>VIA FACSIMILE</h4><p block-type='Text'>Brad a Esq. The Law Offices of Brad la & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020.</p><blockquote><p block-type='Text'>Re: ,leffrev Epstein/aVidi NOTIFICATION OF IDENTIFIED VICTIM</p></blockquote><p block-type='Text'>Dear Mr. a</p><p block-type='Text'>By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, Calla</p><p block-type='Text'>On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454MOOCMB and 2008-cf• 009381 AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court.</p><p block-type='Text'>In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.</p><p block-type='Text'>One such condition to which Epstein has agreed is the following:</p><p block-type='Text'>"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title IS, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein</p><p>BRAD [REDACTED] ESQ.<br/>NOTIFICATION OF IDENTIFIED VICTIM C [REDACTED] W [REDACTED]<br/>JULY 9, 2008<br/>PAGE 2 OF 2</p><p>had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."</p><p>Through this letter, this Office hereby provides Notice that your client, O [REDACTED] W [REDACTED] is an individual whom the United States was prepared to name as a victim of an enumerated offense.</p><p>Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.</p><p>Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.</p><p>Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. W [REDACTED]</p><p>R. ALEXANDER ACOSTA<br/>UNITED STATES ATTORNEY</p><p>By:</p><img/><p>A. [REDACTED] VILLAFAÑA<br/>ASSISTANT U.S. ATTORNEY</p><p>cc: Jack Goldberger, Esq.</p><p><img src='\_page\_43\_Picture\_1.jpeg'></p><p block-type='Text'>U.S. Department of Justice</p><p block-type='Text'>United States Attorney Southern District of Florida</p><table border="1">
+<tr>
+<td colspan="2">ADMIRA-C</td>
+</tr>
+<tr>
+<td colspan="2"><b>GOVERNMENT<br/>EXHIBIT</b></td>
+</tr>
+<tr>
+<td colspan="2">
+<p>CASE<br/>
+ NO. 08-80736-CV-MARRA</p>
+<hr/>
+<p>EXHIBIT 7</p>
+</td>
+</tr>
+<tr>
+<td>NO.</td>
+<td></td>
+</tr>
+</table><p block-type='Text'>500 South Australian Ave. Suite 400 West Palm Beata FL MN (560 820-8711 Facsimile: (561)820-8777</p><p block-type='Text'>July 9, 2008</p><p block-type='Text'>VIA FACSIMILE</p><p block-type='Text'>Brad Esq. The Law Offices of Brad & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020.</p><blockquote><p block-type='Text'>Re: Jeffrey Epstein/e RIME NOTIFICATION OF IDENTIFIED VICTIM</p></blockquote><p block-type='Text'>Dear Mr.</p><p block-type='Text'>By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, a F</p><p block-type='Text'>On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court.</p><p block-type='Text'>In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.</p><p block-type='Text'>One such condition to which Epstein has agreed is the following:</p><p block-type='Text' class='has-continuation'>"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein</p><p block-type='Text'>MAIM., ESQ.</p><p block-type='Text'>NOTIFICATION OF IDEFIOFIED VICTIM 1111.y 9, 2008 PAGE 2 or 2</p><blockquote><p block-type='Text'>had been tried federally and convicted o f an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."</p></blockquote><p block-type='Text'>Through this letter, this Office hereby provides Notice that your client, Sr P is an individual whom the United States was prepared to name as a victim of an enumerated offense.</p><p block-type='Text'>Should your client decide to tile a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.</p><p block-type='Text'>Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.</p><p block-type='Text'>Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. P p</p><blockquote><p block-type='Text'>R. ALEXANDER ACOSTA UNITED STATES ATTORNEY</p></blockquote><p block-type='Text'>By:</p><p block-type='Text'>cc: Jack Goldberger, Esq.</p><p block-type='Text'>A. VILLAFASIA ASSISTANT U.S. ATTORNEY</p>
+ </body>
+ </html></sup>

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750255/EFTA02750255.md

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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/JOHNSON
+
+JANE DOE, a/k/a JANE DOE NO. 1,
+
+Plaintiff,
+
+VS.
+
+JEFFREY EPSTa and
+
+Defendants.
+
+# MOTION TO DISMISS
+
+Defendant Jeffrey Epstein, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure and Rule 7.1(A) of the Local Rules for the Southern District of Florida, moves to dismiss Counts I, II and IV of plaintiffs amended complaint' against Defendant Jeffrey Epstein, and states as follows:
+
+{sup}`&#`x27; The time to answer the remaining allegations of the amended complaint is tolled pending the Court's ruling on the present motion. See Beaulieu v. Bd. of Trustees of Univ. of W. Fla., No. 3:07cv30/RV/EMT, 2007 WL 2020161, \* 2 (N.D. Fla. July 9, 2007) (holding that defendant's partial motion to dismiss "automatically extends its time to answer . . . until after the court has ruled on [its] motion to dismiss"); Finnegan v. Univ. of Rochester Med. Or., 180 F.R.D. 247, 249 (W.D.N.Y. 1998) (concluding "that the filing of a motion that only addresses part of a complaint suspends the time to the entire complaint, not just to the claims that are the subject of the motion"); v. Berry College, Inc., No. Civ.A. 4:96CV338-HLM, 1997 WL 579166, \*1 (N.D. Ga. July 3, 1997) (noting that there is significant case law to support the position that "when a defendant files a Rule 12(b) motion to dismiss, addressing only some of
+
+# ALLEGATIONS IN PLAINTIFF'S COMPLAINT
+
+This action arises out of the alleged assault of the plaintiff. According to the allegations in her amended complaint, the plaintiff went to Mr. Epstein's house to give him "a massage for monetary compensation" (Am. Compl. ¶ 13), where Mr. Epstein allegedly assaulted her "in violation of Chapter 800 of the Florida Statutes."2 (Am. Compl. ¶ 18). To sharpen her lawsuit, the plaintiff says she is seeking damages in connection with a "conspiracy" (Am. Compl. ¶ 22), a "plan" (Am. Compl. ¶ 32), a "scheme" (Am. Compl. ¶ 32) and an "enterprise" (Am. Compl. ¶ 32) and adds two nominal defendants.
+
+The plaintiff tries to assert claims for sexual assault (Am. Compl. ¶¶ 16-19), civil conspiracy (Am. Compl. ¶¶ 20-23) and civil RICO (Am. Compl. ¶¶ 29-34). These theories of liability, however, cannot be supported by the allegations in the amended complaint. In fact, even if everything in the amended complaint were true, recovery against Jeffrey Epstein, for Counts I, II and IV, under any formulation, is impossible under Florida law. Accordingly, these counts must be dismissed.
+
+the claims contained in the plaintiff's complaint, the defendant is not required to file an answer until the court rules on the motion to dismiss").
+
+{sup}`2` Notably, on February 20, 2008, the plaintiff was deposed in State of Florida v. Jeffrey Epstein, 502006CF009454AXXXMB (Fla. 15th Cir. Ct., filed Jul. 19, 2006). During that deposition, she made numerous admissions that completely undermine the allegations that she has pled in her complaint against Mr. Epstein. Regardless, for the procedural purposes of this motion only, we take her allegations as true.
+
+#### ARGUMENT
+
+A motion to dismiss under Fed. R. Civ. P. 12(b)(6) should be granted when a court cannot identify "each of the material elements necessary to sustain a recovery under some viable legal theory." Snow v. DirectTV, Inc., 450 F.3d 1314, 1320 (11th Cir. 2006) (quoting Roe v. Aware Woman Ctr. For Choice, Inc., 253 F.3d 678, 684 (11th Cir. 2001)). Moreover, a court should dismiss a complaint "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Educ. v. Marshal County Gas Dist, 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a motion to dismiss, plaintiffs must do more than merely state legal conclusions; they are required to allege some specific factual bases for those conclusions . . . ." Holt v. Crist, No. 06-14617, 2007 WL 1156938, \*2 (1 1 th Cir. Apr. 19, 2007). As such, "conclusory allegations, unwarranted deductions of facts or legal conclusions masquerading as facts will not prevent dismissal." Snow, 450 F.3d at 1320.
+
+#### I. Count I Fails to State a Cause of Action For Assault Recognized by Florida Law.
+
+The plaintiff attempts to plead a cause of action against Mr. Epstein for "sexual assault" based on a "violation of Chapter 800 of the Florida Statutes"3 for the "lewd and lascivious acts committed by Epstein upon Jane Doe." (Am. Compl.
+
+{sup}`3`Chapter 800, Florida Statutes, is entitled, "Lewdness; Indecent Exposure."
+
+¶ 18.) The plaintiff cannot assert a cause of action for "violation of Chapter 800, Florida Statutes" because there is no private right of action under that Chapter. See generally Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005) (observing that "not every statutory violation carries a civil remedy" (citing Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842, 852 (Fla. 2003)). See also, e.g., Miami Herald Pub! ig Co. v. Ferre, 636 F. Supp. 970 (S.D. Fla. 1985) (, C.J.) (holding that violation of Florida's criminal extortion statute does not give rise to a civil cause of action for damages).
+
+Where a plaintiff brings a civil action pursuant to a criminal statute that provides no civil remedy, her complaint is properly dismissed for failure to state a cause of action. See Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per curiam) (affirming dismissal of plaintiffs claim for parental kidnapping where "the mentioned statutes concern only criminal violations and do not afford a civil remedy") (citation omitted) (emphasis added). Accordingly, the plaintiff's claim for sexual assault against Mr. Epstein, pursuant to a violation of Chapter 800, Florida Statutes, must be dismissed.
+
+Should the Court look beyond the plain language of the plaintiffs amended complaint and construe Count I as a claim for common-law assault, that claim would also fail. As the court explained in Lay v. Kremer, 411 So. 2d 1347, 1349 (Fla. 1st DCA 1982), an assault is "an intentional, unlawful offer of corporal injury
+
+to another by force, or force unlawfully directed toward another under such circumstances as to create a fear of imminent peril, coupled with the apparent present ability to effectuate the attempt." An assault thus requires "an affirmative act—a threat to use force, or the actual exertion of force." v. Ad. Fed. Say. & Loan Assoc., 454 So. 2d 52, 54 (Fla. 4th DCA 1984) (affirming dismissal of assault claim where there was no affirmative act).
+
+In this case, there is no such affirmative act. The plaintiff does not allege that Mr. Epstein used force or even threatened to use force. Indeed, the only statements that Mr. Epstein is alleged to have said to the plaintiff are "to remove her clothes," "to sit on his back" and "to continue giving him a massage." (Am. Compl. ¶ 13.) These allegations fall far short of an "offer of corporal injury by force."
+
+Accordingly, because the plaintiff has failed to plead a cause of action for assault recognized in Florida, Count I against Mr. Epstein must be dismissed.
+
+### H. Count II Fails Because Plaintiff Claims No Actionable Underlying Tort or Wrong.
+
+As a general rule, "Lain actionable conspiracy [under Florida law] requires an actionable underlying tort or wrong. v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984). A narrow exception to the general rule exists where "the plaintiff can show some peculiar power of coercion possessed by the conspirators by virtue of their combination." Churruca v. Miami Jai-Alai, Inc., 353 So. 2d 547, 550 (Fla. 1977). "Where the concerted acts of the defendants do not create a
+
+greater harm than if the acts were committed by one person . . . , there can be no recovery" under a claim for independent conspiracy. v. Marlin, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988). Clearly, this case is governed by the general rule because only one person could have caused the plaintiff's injuries.
+
+Here, the plaintiff's claim under Count II (civil conspiracy) fails because it derives exclusively from Count I (violation of Chapter 800, Florida Statutes). See Buchanan v. Miami Herald Publ'g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that where Count I of the complaint had failed to state a cause of action for malicious prosecution, there could be no civil conspiracy claim in Count II "based on the allegations of Count I"). As noted above, the plaintiff cannot prevail on Count I because the statute she expressly pleads as its basis, Chapter 800, Florida Statutes, provides no civil remedy.
+
+Therefore, she cannot prevail on her claim for conspiracy (Count II) to violate Chapter 800, Florida Statutes (Count I), and Count II of the amended complaint must be dismissed against Mr. Epstein.
+
+### III. Count IV Cannot Stand Because Plaintiff Fails to Claim a Direct Injury Resulting from a Violation of a RICO Predicate Act.
+
+Section 772.104, Florida Statutes ("Civil Remedies for Criminal Practices") allows someone to bring a civil RICO claim only if "he or she has been injured by reason of any RICO violation. § 772.104, Fla. Stat. (2007) (emphasis added). The injury must be a direct result of a racketeering activity or RICO predicate act.
+
+See Baisch v. Gallina, 346 F.3d 366, 373 (2d Cir. 2003) ("[A] plaintiff does not have standing if he suffered an injury that was indirectly (and hence not proximately) caused by the racketeering activity or RICO predicate acts, even though the injury was proximately caused by some non-RICO violations committed by the defendant.). Thus, an injury allegedly caused by a non-RICO violation is insufficient to state a claim for civil RICO. See id.
+
+Here, the allegations in Count IV, even if they are true, do not add up to a civil RICO claim because the plaintiff's alleged injury was not caused by the violation of a RICO predicate act. The plaintiff alleges that she was injured "[a]s a direct and proximate result of Epstein's assault on Jane Doe," "in violation of Chapter 800 of the Florida Statutes." (Am. Compl. ¶¶ 18-19.) Chapter 800 of the Florida Statutes is not a RICO predicate act. See § 772.102(a), Fla. Stat. (2003) (listing Florida's RICO predicate acts). By her own admission, the plaintiff's alleged injury was caused by a non-RICO violation. As a result, her claim cannot stand.
+
+In a doomed attempt to avoid this fatal flaw in her claim, the plaintiff lists a series of violations rooted in Florida's prostitution statutes. (Am. Compl. ¶ 31.) According to the amended complaint, the defendants participated in a criminal enterprise . . . or conspir[acy]" (Am. Compl. ¶ 30) over an unspecified length of time "to repeatedly find and bring [Jeffrey Epstein] underage girls . . . in order for
+
+Epstein to solicit, coerce, entice, compel, or force such girls in acts of prostitution and/or lewdness." (Am. Compl. ¶ 32). The alleged "pattern of criminal activity" comprises violations of Chapter 796, Florida Statutes—the chapter that proscribes various crimes of prostitution.4
+
+These allegations, however, do not tie directly into the plaintiff's alleged injuries — her alleged assault "in violation of Chapter 800 of the Florida Statutes." (Am. Compl. ¶ 18.) Indeed, the plaintiff's alleged injury has nothing to do with the facilitation of prostitution, or more succinctly, the violation of Florida's prostitution laws. Accordingly, the plaintiff's claim must fail because there is no proximate cause between the purported "pattern of criminal plaintiff's alleged injuries. activity" and the
+
+Because the amended complaint does not satisfy the direct-injury requirement under Florida's RICO law, the plaintiff has failed to allege a cause of action against Jeffrey Epstein for violation of section 772.103, Florida Statutes. Thus, Count IV of the amended complaint must be dismissed.
+
+# Conclusion
+
+For the reasons set forth herein, Defendant Jeffrey Epstein respectfully requests that Counts I, II and IV of the plaintiff's amended complaint be dismissed.
+
+The amended complaint alleges a "pattern of criminal activity" comprising the following criminal violations: §§ 796.03, 796.07(2)(f), 796.07(2)(h), 796.045, and 796.04, Fla. Stat. (Am. Compl. ¶ 31.)
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+By: /s/ Michael R. Tein GUY A. Fla. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger&gwpa.com
+
+BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Tel. 561 842 2820 Fax. 561 515 3148
+
+By: Robert D. Clifton, Esq. Fla. Bar No. 224162 rcritton@bciclaw.com Michael J. Pike, Esq. Fla. Bar No. 617296 mpike@bc1claw.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+#### CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
+
+Undersigned counsel has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion.
+
+> /s/ Michael R. Tein Michael R. Tein
+
+#### CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on September 4, 2008, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all individuals on the following 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 counsel or parties who are not authorized to receive Notices of Electronic Filing.
+
+> /s/ Michael R. Tein Michael R. Tein
+
+Service List
+
+Theodore J. Leopold, Esq.  
+Ricci-Leopold, P.A.  
+2925 PGA Blvd., Suite 200  
+Palm Beach Gardens, FL 33410  
+Fax: 561 697 2383  
+*Counsel for Plaintiff Jane Doe*
+
+Douglas M. McIntosh, Esq.  
+Jason A. [REDACTED], Esq.  
+McIntosh, Sawran, Peltz & Cartaya, P.A.  
+Centurion Tower  
+1601 Forum Place, Suite 1110  
+West Palm Beach, Florida 33401  
+Fax. 561 682-3206  
+*Counsel for Defendant* [REDACTED]
+
+Bruce E. Reinhart, Esq. (*U.S. Mail*)  
+Bruce E. Reinhart, P.A.  
+250 South Australian Avenue  
+Suite 1400  
+West Palm Beach, Florida 33401  
+Fax. 561 828 0983  
+*Counsel for Defendant* [REDACTED]

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750266/EFTA02750266.md

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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+NO.08-80804-CIV-MARRA/
+
+JANE DOE, a/k/a JANE DOE #I,
+
+Plaintiff,
+
+v.
+
+JEFFREY EPSTEIN. and
+
+Defendants.
+
+## ORDER
+
+THIS CAUSE comes before the Court on Plaintiff's Motion to Preserve Evidence (DE 12), filed August 21, 2008. Plaintiff represented in her motion that Defendant opposed the requested relief. However, Defendant subsequently filed a Response (DE 14) in which he informs the Court that he does not, in fact, oppose the requested relief.' Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion (DE 12) is GRANTED. Defendant is directed to preserve all evidence listed in Exhibit # I to Plaintiff's Motion and provide duplicates
+
+{sup}`&#`x27;Plaintiff's counsel is reminded of his duty to "make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." S.D. Fla. L.R. 7.1(A)(3). A reasonable effort includes giving Defendant's counsel adequate time to consider Plaintiffs request and respond.
+
+to Plaintiff should said evidence be returned to Defendant by the State of Florida.
+
+DONE AND ORDERED in at West Palm Beach, Palm Beach County,
+
+Florida, this 41° day of September, 2008.
+
+KENNETH A. MARRA United States District Judge
+
+Copies to: all counsel of record

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750268/EFTA02750268.md

@@ -0,0 +1,145 @@
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRa
+
+JANE DOE, a/Ida JANE DOE NO. 1,
+
+vs.
+
+JEFFREY EPSTEIN, I, and
+
+## OPPOSITION TO REMAND MOTION
+
+Because this case was properly removed under 28 U.S.C. § 1441(a), remand is unwarranted. In response to plaintiffs motion under § 1447(c) for remand and attorneys' fees, defendants Jeffrey Epstein and respectfully state as follows:
+
+## Introduction
+
+The plaintiff suggests she is insulated from any fraudulent-joinder challenge so long as she has "at least a possibility" of "recover[ing] against Defendant under Florida law for each of the counts in the amended complaint." (DE 11 at 5.) However superficially appealing from a plaintiff's perspective, this argument ignores the corollary that "[t]he potential for legal liability [under State law] `must be reasonable, not merely theoreticaL'" Legg v. Wyeth, 428 F.3d 1317, 1325 n.5 (11th Cir. 2005) (quoting Great Plains Trust Co. v. Stanley - Witter & Co., 313 F.3d 305, 312 (5th Cir. 2002)) (emphasis added). See also id. at 1325 (observing that "[t]he removal process was created by Congress to protect defendants," adding that "Congress `did not extend such protection with one hand, and with the other give plaintiffs a
+
+bag of tricks to overcome it.'" (quoting McKinney v. Bd. of Trustees of Maryland Only. Coll., 955 F.2d 924, 928 (4th Cir. 1992))).
+
+Essentially, the remand motion merely re-states the complaint's allegations against . This is not enough to rebut fraudulent joinder. Cf. Ghiglione v. Discover Prop. & Cas. Co., No. C-06-1276 SC, 2006 WL 1095855, at \*2 (N.D. Cal. Apr. 25, 2006) (denying motion to remand where plaintiffs, instead of properly analyzing their alleged cause of action, resorted to "quoting from Within 's California Procedure a passage that merely repeated the essence of [the governing jurisdictional statute]") (emphasis added).
+
+Even in the light most favorable to the plaintiff, the allegations are insufficient to establish a cause of action under Florida law against . As a result, after discounting this fraudulently joined defendant, there is complete diversity of citizenship, hence, original jurisdiction in this Court.
+
+#### Discussion
+
+# A. Diversity of Citizenship
+
+Based on a published newspaper report, our removal petition suggested that Jane Doe, despite her allegations of being a citizen of Florida (DE 1 at 62), might actually be a (diverse) citizen of Georgia (DE 1 at 7—8 n.6). If so, the case would be removable, regardless of any claims against defendant The plaintiff ignored this point. Instead, the plaintiff claimed that "there is a question of whether Defendant Epstein is actually a citizen of Florida because he is now incarcerated in a Florida jail." (DE 11 at 2 n.2.) This statement, besides being nonresponsive,' is devoid of merit under binding Eleventh Circuit law, which the plaintiff did not
+
+Plaintiff seized upon this non sequitur as an opportunity to attach the "Epstein Sentence" (DE I1 at 2 n.2), an unmarked composite exhibit comprising, among other things, the terms,
+
+cite. See Mitchell v. & Williamson Tobacco Corp., 294 F.3d 1309, 1314 (11th Cir. 2002) (noting as an undisputed point that someone retains their pre-incarceration domicile for purposes of citizenship under 28 U.S.C. § 1332(a)) (citations omitted); see also Polakoff v. 370 F. Supp. 690, 693 (N.D. Ga. 1973), aff'd, 488 F.2d 977, 978 (5th Cir. 1974) ("A prisoner does not acquire a new domicile in the place of his imprisonment, but retains the domicile he had prior to incarceration.") (citation omitted) (emphasis added), cited with approval in Mitchell, 294 F.3d at 1314.
+
+conditions, and sensitive protocols concerning the fact of Epstein's previously disclosed incarceration. See DE 24 in Jane Doe No. 2 v. Epstein, Case No. 9:08-CV-80119-1CAM (S.D. Fla. filed Feb. 6, 2008) (disclosing fact of Epstein's criminal sentence and incarceration); DE 19 in Jane Doe No. 3 v. Epstein, No. 08-CV-80232-ICAM (S.D. Fla. filed Mar. 5, 2008) (same); DE 30 in Jane Doe No. 4 v. Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed Apr. 14, 2008) (same); DE 28 in Jane Doe No. S v. Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14, 2008) (same). Being entirely irrelevant to this proceeding, the above exhibit serves only to complement the improper extrajudicial Internet postings by plaintiff's counsel. Compare Ricci—Leopold Home Page, http:// www.riccilaw.com (click on "Breaking News," then access the hyperlink entitled, 03/13/08 — Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking justice against sexual predator Jcifkey Epstein and his associates) (characterizing Epstein as a "sexual predator," then using terms like "'vilest" and 'lurid' to describe Epstein's alleged conduct (quoting "Ted Leopold, managing partner of the Palm Beach Gardens law firm of Ricci—Leopold")) (emphasis added) (web site last visited Sept. 3, 2008), with S.D. Ha. Local Rule 77.2(7) (providing that "[a] lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a flu trial and which relates (a) [e]vidence regarding the occurrence or transaction involved[;] (b) (t]he character ... of a party . . . 4; or] (d) [t]he lawyer's opinion as to the merits of the claims ....") (emphasis added).
+
+#### B. Fraudulent Joinder
+
+Even if the plaintiff is a citizen of Florida (after all), there is still complete diversity given that "[a] non-diverse defendant who is fraudulently joined does not defeat diversity." Shenkar v. Money Warehouse, Inc., No. 07-20634-CIV, 2007 WL 3023531, at \*1 (S.D. Fla. Oct. 15, 2007) (Moreno, J.) (citing v. Merrill Pierce, Fenner & Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp., 590 F.2d 115, 117 (5th Cir. 1979) (denying motion to remand where two resident defendants were joined for the fraudulent purpose of defeating federal jurisdiction).2 To say it another way, there is no cause of action here against there is complete diversity.
+
+This plaintiff originally filed this lawsuit in this court. See Doe v. Epstein, No. 08-CV-80069-KAM (S.D. Fla. filed Jan. 24, 2008). After she was deposed in the state criminal case,3 she dismissed this suit, switched lawyers, and re-filed her claims in state court (DE 1-2 at 62- 70), adding 62).4 After as a nondiverse defendant in an attempt to prevent removal (DE 1-2 at moved to quash service of process in state court (DE 1-2 at 92-96), the
+
+{sup}`2` In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the former Fifth Circuit rendered prior to October 1, 1981.
+
+{sup}`&#`x27; On February 20, 2008, the plaintiff was deposed in State of Florida v. Jeffrey Epstein, 502006CF009454 (Fla. 15th Cir. Ct. filed July 19, 2006). During that deposition, she made numerous admissions that completely undermined the allegations in her complaint. Two days later, she filed a notice of voluntary dismissal without prejudice. See Doe v. Epstein, Case No. 08-CV-80069-1CAM, DE 9.
+
+{sup}`4` The plaintiff, apparent) to bolster her untenable theories of indirect tort liabilalded i another new defendant, . (DE 1-2 at 62.) In naming and as defendants, the plaintiff tried to distinguish this case from a series of effectively identical lawsuits brought in federal court against Epstein: Jane Doe No. 2 v. Epstein, Case No. 9:08- CV-80119-KAM (S.D. Fla. filed Feb. 6, 2008); Jane Doe No. 3 v. Epstein, No. 08-CV-80232- KAM (S.D. Fla. filed Mar. 5, 2008); Jane Doe No. 4 v. Epstein, No. 08-CV-80380-KAM (S.D.
+
+plaintiff then amended her complaint to assert an additional claim against (DE 1-3 at 101-09), re-using the identical, unmodified general allegations.
+
+Instead of addressing the fact that has "no assets whatever" (DE 1 at 4) and looks every bit the sham defendant, the plaintiff maintains that = a college student, was a "key player" in an alleged RICO "scheme" (DE 11 at 2). Resorting to unswom, inadmissible, improper double-hearsay, the plaintiff proclaims that "has described herself as Heidi Fleiss" (DE 11 at I), the "notorious Hollywood madam" (DE II at 1 n.1) — as though sensationalism could convert into an actual defendant. This "argument" has nothing to do with the issue of removal, offers incompetent non-evidence in an attempt to prejudice the analysis, and fails to establish that the amended complaint contains a single viable cause of action against
+
+## 1. The plaintiff has not asserted a cause of action against for civil conspiracy.
+
+The plaintiff, citing to v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984), concedes that "there muse [sic] be an `actionable underlying tort or wrong' for an actionable conspiracy claim." (DE 11 at 5.) Yet, the plaintiff still insists that Epstein's "violation of Chapter 800 of the Florida Statutes" (DE 1-3 at 105) is an adequate the basis for her civil conspiracy claim against (DE 1-3 at 105-06), "regardless of whether Defendant Epstein's violation of Chapter 800 of the Florida Statutes also creates a private right of action" (DE 11 at 6). This makes no sense.
+
+As we argued in the removal petition, it is not enough to allege that "merely . . . `conspired to cause harm"; again, "[u]nder Florida law, `[a]n actionable conspiracy requires an
+
+Fla. filed Apr. 14, 2008); Jane Doe No. S v. Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14, 2008).
+
+actionable underlying tort or wrong.' Posner v. Essex Ins. Co., 178 F.3d 1209, 1217-18 (11th Cir. 1999) (quoting Florida Fern Growers Ass 'n v. Concerned Citizens, 616 So. 2d 562, 565 (Fla. 5th DCA 1993)). In an effort to dodge this requirement, the plaintiff cites Doe v. Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004), an admiralty case that has nothing to do with Chapter 800, let alone the basic premise (left unaddressed by the plaintiff) that "not every statutory violation carries a civil remedy." Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005) (citing Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842, 852 (Fla. 2003)).
+
+In Celebrity Cruises, the Eleventh Circuit distinguished "sexual battery" from "sexual assault" under Florida law. Celebrity Cruises, 394 F.3d at 916-17. The court also cited with approval the dissenting opinion in Doe v. 814 So. 2d 370, 380 (Fla. 2002) (Wells, C.J., dissenting), where Florida Chief Justice Wells admonished against "the use of broad, indefinite, and legally nonspecific language" to establish causes of action under a rubric as expansive as 'sexual misconduct.'" 814 So. 2d at 379-81 (Wells, C.J., dissenting). See also id. at 379 (Wells, C.J., dissenting) (noting that 'sexual misconduct' is a phrase of inherent vagueness and has no meaning in Florida tort law," adding that "[Ions have defined elements") (emphasis added). Accordingly, this case serves only to highlight that Florida has never relaxed its pleading requirements simply because a plaintiff describes an event as a "sexual assault." To plead a legal cause of action, the plaintiff still must allege a real, recognized tort.
+
+In trying to obfuscate the basis for her civil-conspiracy claim, the plaintiff has only confirmed that she is relying on Chapter 800, a statute that does not afford a private right of action. Because the statute she expressly pleads provides no civil remedy, the plaintiff cannot prevail on her derivative claim for civil conspiracy.
+
+# 2. The plaintiff has not asserted a cause of action against for intentional infliction of emotional distress.
+
+The plaintiff says she agreed to perform an illegal massage "to make some extra money" (DE II at 7), only to "suffer severe mental anguish and pain" (DE 1-3 at 106) when her illegal scheme met with an allegedly superseding illegal scheme. To establish a cause of action for intentional infliction of emotional distress, however, it is not sufficient to allege that "'the defendant has acted with an intent which is tortious or even criminal, or that [the defendant] has intended to inflict emotional distress, or even that [the defendant's] conduct has been characterized by 'malice,' or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort."' Metro. Lift Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985) (quoting Restatement (Second) of Torts § 46 (1965)). Rather, "the conduct as a matter of law must be so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency." Southland Corp. v. Bartsch, 522 So. 2d 1053, 1056 (Fla. 5th DCA 1988). Here, when it comes to the amended complaint fails to meet these standards.5
+
+Indeed, the plaintiff does not allege that committed an assault; or that acted forcibly; or that acted coercively. Further, the plaintiff says she undressed, and presumably remained in Epstein's home, out of "shock, fear, and trepidation" (DE 1-3 at 104), not because of anything allegedly done by . These allegations, to the extent they have to do with do not allege anything that did that is "so extreme in degree as to go beyond all possible bounds of decency." Bartsch, 522 So. 2d at 1056.
+
+The standard for determining IIED "is a matter of law, not a question of fact." Ponton v. Scarfone, 468 So. 2d 1009, 1011 (Fla. 2d DCA 1985) (citation omitted). Even when alleged
+
+This Response, in focusing only on fraudulent 'oinde not address the plaintiff's claims against the diverse defendants, Jeffrey Epstein and
+
+conduct is "condemnable by civilized social standards," it may still "not ascend, or perhaps descend, to a level permitting [a court] to say that the benchmarks enunciated [by the Florida Supreme Court] . . . have been met." Id. Further, an LIED claim must be evaluated "as objectively as is possible" to determine whether the conduct "is `atrocious, and utterly intolerable in a civilized community.' Id. (quoting McCarson, 467 So. 2d at 278) (emphasis added).
+
+When it comes to , the plaintiff talks about being double-crossed. But in emphasizing her own response to alleged deception (DE 1-3 at 104), and in explaining her decision to remain in the massage room (DE 1-3 at 103-04), the plaintiff ignores the basic principle that "the subjective response of the person who is the target of the actor's conduct does not control the question of whether the tort [of TIED] occurred." Bartsch, 522 So. 2d at 1056 (citing Ponton, 468 So. 2d at 1011) (emphasis added). Here, the plaintiff alleges, at most, that coordinated an openly illegal transaction with her (DE 1-3 at 103), but that did not tell her everything that might happen while she was engaged in her illegal activities. This theory of liability, even in a light most favorable to the plaintiff, is far too attenuated to support an IIED claim.
+
+To start with, the plaintiff acknowledges that she intended "to give Epstein a massage for monetary compensation" (DE 1-3 at 103), even though she was unlicensed, untrained, and unqualified to perform this professional service; the plaintiff also acknowledges that she pretended to be 18 (DE 1 at 61). Apart from the fact that plaintiff's conduct is flatly proscribed by Florida's criminal code, see Fla. Stat. § 480.047, these allegations, when viewed "as objectively as is possible," simply do not implicate an alleged go-between for plaintiff's own criminality, in something "'atrocious, and utterly intolerable in a civilized community" for
+
+purposes of establishing an LIED claim. Ponton, 468 So.2d at 1011 (quoting McCarson, 467 So. 2d at 278).
+
+Even if the plaintiff was "shock[ed]" (DE 1-3 at 104) to learn that had engineered some sort of misdirection, that is still not enough to support an LIED claim against Again, it is not "'enough that the defendant has acted with an intent which is tortious or even criminal, or that [the defendant] has intended to inflict emotional distress, or even that [the defendant's] conduct has been characterized by `malice,' or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort.'" McCarson, 467 So. 2d at 278 (quoting Restatement (Second) of Torts § 46 (1965)).
+
+Here, the amended complaint does not allege that knew an alleged assault would take place; besides which, the plaintiff says she was assaulted by someone else (DE 1-3 at 104-05). See Baker v. Fitzgerald, 573 So. 2d 873, 873 (Fla. 3d DCA 1990) (per curiam) ("Appellant's claim for intentional infliction of emotional distress fails because there was no showing of outrageous conduct directed at the appellant herself.") (emphasis added). Further, there is nothing in the record to suggest that knew the plaintiff would remove her clothing, or stay in the massage room, out of "shock, fear and trepidation" (DE 1-3 at 104), when the plaintiff was never coerced, by to do anything. Cf. Habelow v. Travelers Ins. Co., 389 So. 2d 218, 220 (Fla. 5th DCA 1980) (affirming dismissal of claim for intentional infliction of emotional distress where there were "no allegations . . . indicating that [the plaintiff] was particularly sensitive or susceptible to emotional distress, or that [the defendant] had any basis to know she was" (citing Steiner & Munach, P. A. v. M, 334 So. 2d 39 (Fla. 3d DCA 1976))).
+
+For these reasons, the plaintiff has not stated a cause of action against for intentional infliction of emotional distress.
+
+# 3. The plaintiff has not asserted a cause of action against for civil RICO.
+
+The plaintiff, again substituting superficially framed legal standards for actual analysis, says she "was directly harmed by the [defendants'] scheme." (DE 11 at 9.) This bare assertion completely ignores the RICO discussion presented in the removal petition (DE I at 19-21), but more important, refuses to acknowledge that section 772.104 allows someone to bring a civil RICO claim only if "she has been injured by reason of " any RICO violation. § 772.104, Fla. Stat. (2007) (emphasis added).
+
+Here, the plaintiff clearly alleges that she was injured as a result of "a sexual assault . . . in violation of Chapter 800 of the Florida Statutes" (DE 1-3 at 105), a statute that has nothing to do with, and does not constitute a predicate act in furtherance of Florida RICO. Cf § 772.104, Ha. Stat. (listing predicate acts for Florida RICO). The plaintiff hardly establishes a RICO claim merely by reciting that she "was a victim of Defendants' scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant and that she endured Epstein's actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness." (DE 11 at 9.) Not just in this passage, but indeed throughout her entire amended complaint, the plaintiff uses the term "scheme" as though it were a password for gaining access to RICO standing. Cf. Newton v. Tyson Foods, Inc., 207 F.3d 444, 447 (8th Cir. 2000) (observing in the context of indirect and attenuated RICO allegations that "[t]he mere recitation of the chain of causation alleged by the plaintiffs is perhaps the best explanation of why they do not have standing in this case").
+
+In sum, the plaintiff has said nothing to rebut what remains obvious: that her entire lawsuit, including her RICO claim, rests on an alleged "sexual assault . . . in violation of Chapter 800 of the Florida Statutes." (DE 1-3 at 105.) Thus, the plaintiff has failed to allege a cause of action against See Baisch v. Gallina, 346 F.3d 366, 373 (2d Cir. 2003) ("[A] plaintiff does not have standing if [s]he suffered an injury that was indirectly (and hence not proximately) caused by the racketeering activity or RICO predicate acts, even though the injury was proximately caused by some non-RICO violations committed by the defendants.") (emphasis added); Hoatson v. New York Archdiocese, No. 05 Civ. 10467, 2007 WL 431098, at \*12 (S.D.N.Y. Feb. 8, 2007) (dismissing RICO claim with prejudice where amended complaint was "wholly devoid of a single act which constitutes a racketeering activity," even though the plaintiff had "'alleged a larger picture" involving, among other things, allegations of sexual abuse) (emphasis added).
+
+By re-writing Florida's RICO statute to encompass Chapter 800, the plaintiff once again seeks (hypothetical) damages against without any statutory basis. This tactic, besides being ineffectual to prevent removal, flouts the fact that "the RICO statute is complex, arcane, and difficult to plead." Id. Cf. id. at \*\*12—I6 (imposing sanctions in response to baseless RICO claim brought against the backdrop of sexual-abuse allegations, observing that "[t]he immediate link between the filing of the complaint and the press conference [held by the plaintiff's counsel] support[s] the inference that [there was an] intent[] . . to injure [the defendants' reputation by bringing a RICO claim]").
+
+Although asserting a RICO claim may be part of the plaintiff's media strategy,6 it is without legal merit and cannot operate to prevent removal.
+
+# Conclusion
+
+Based on the foregoing, and the plaintiff's failure to address, let alone rebut, the fraudulent joinder arguments presented in the removal petition, neither remand nor attorneys' fees are warranted in this case.
+
+Respectfully submitted,
+
+TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744
+
+> By: Is/ Michael R. Tein GUY A. Fla. Bar No. 623740 com MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewn.com
+
+ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
+
+> By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
+
+{sup}`6` See Ricci—Leopold Home Page, http:// www.riccilaw.com (click on "Breaking News," then access the hyperlink entitled, 03/13/08 — Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking justice against sexual predator Jeffrey Epstein and his associates) (highlighting RICO count in first sentence of press release) (last visited on Sept. 3, 2008).
+
+BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Tel. 561 842 2820 Fax. 561 515 3148
+
+> By: Robert D. Critton, Esq. Fla. Bar No. 224162 rcritton@bciclaw.com Michael J. Pike, Esq. Fla. Bar No. 617296 mpike@belclaw.com
+
+Attorneys for Defendant Jeffrey Epstein
+
+### CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
+
+Undersigned counsel has conferred in good faith with counsel for the plaintiff, who opposes the relief requested in this motion.
+
+Counsel for co-defendant agrees to the positions taken in this memorandum.
+
+> /s/ Michael R. Thin Michael R. Tein
+
+#### CERTIFICATE OF SERVICE
+
+I HEREBY CERTIFY that on September 5, 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 on counsel of record identified below by U.S. Mail.
+
+> /s/ Michael R. Tein Michael R. Tein
+
+## SERVICE LIST
+
+Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counsel for PlaintiffJane Doe
+
+Douglas M. McIntosh, Esq. Jason A. , Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counsel for Defendant-
+
+Bruce E. Reinhart, Esq. (U.S. Mail) Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counsel for Defendant

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marker2-fixhub/court-doe-v-epstein-80804/EFTA02750282/EFTA02750282.md

@@ -0,0 +1,147 @@
+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-80804-CIV-MARRA/
+
+JANE DOE, a/k/a, JANE DOE NO. 1,
+
+Plaintiff,
+
+vs.
+
+JEFFREY EPSa a and
+
+Defendants.
+
+/
+
+#### PLAINTIFF'S REPLY TO OPPOSITION TO REMAND
+
+Plaintiff Jane Doe, a Florida citizen, properly sued also a Florida citizen, in this action. Contrary to Defendants' contention, Defendant was not fraudulently joined because, when viewing the factual allegations in the light most favorable to Plaintiff and resolving issues of Florida substantive law in favor of Plaintiff, it is clear that Plaintiff has cognizable causes of action against Defendant for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Accordingly, the Court should remand this action to Florida state court.
+
+#### A. Plaintiff is a Florida citizen
+
+Plaintiff alleged in her complaint and testified in deposition that she is a Florida resident. (Amended Complaint 1 1, DE 1, pp. 301; Deposition of Jane Doe, DE 1, pp. 31-32, 5:14-18, 6:6-10). In their notice of removal, Defendants cite a newspaper article (from the same newspaper that Defendants chide Plaintiff for citing with regard to Defendant describing herself as the Hollywood madam Heidi Fleiss) in which it
+
+is reported that Plaintiff had moved to another state in order to intimate that Plaintiff made fraudulent allegations regarding her residency. (DE 1, p. 7 n.6). Defendants then chide Plaintiff in their opposition to her motion for remand for not taking the bait and responding to this baseless allegation. (DE 21, p. I). The only evidence in this case, as well as Plaintiffs allegations, demonstrate that Plaintiff is a Florida citizen. As Defendants have failed to present sufficient evidence to demonstrate otherwise, there is no need for Plaintiff to present additional evidence establishing her status as a Florida citizen.
+
+# B. Plaintiff has alleged cognizable causes of action against Defendant
+
+The allegations in Plaintiff's complaint demonstrate that Plaintiff was the victim in a despicable scheme orchestrated by Defendant Epstein to find and obtain underage girls, lure them to his home, and subject them to sexual abuse or otherwise induce them to engage in lewd behavior. As much as Defendants attempt to downplay the role of Defendant by describing her as nothing but a college student with no assets, Plaintiffs complaint demonstrates that was a key player in Epstein's scheme. Defendant was the person that actually trolled for underage girls and induced them with promises of money in exchange for massages in order to deliver the girls to Epstein's home and get them into his bedroom. (Amended Complaint U 11-15, DE 1, pp. 302-04). Without Defendant role in this scheme, the underage girls, including Plaintiff, would not have been subjected to Defendant Epstein's depravity and abuse.
+
+## 1. Civil Conspiracy
+
+Defendants repeatedly assert that Plaintiff cannot have a cause of action for civil conspiracy grounded on the tort of sexual assault because Chapter 800 of the Florida Statutes does not create a private cause of action. As authority for this legal proposition, Defendants cite Florida case law that states "not every statutory violation carries a civil remedy." (DE 21, p. 6) (citing Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005)). Defendants do not cite case law that states, however, that Chapter 800 of the Florida Statutes does not create a private cause of action, nor can they because this appears to be a matter of first impression in Florida.
+
+In order to determine whether a private cause of action may be based upon a statutory breach, Florida courts look to the intent of the legislature. Baumstein v. Sunrise Community, Inc., 738 So. 2d 420, 421 (Ha. 3d DCA 1999). Because Florida courts have not examined whether the legislature intended for violations of Chapter 800 to provide for private causes of action, the Court should view this uncertainty regarding Florida state law in favor of Plaintiff. See Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1989) (citation omitted).
+
+Furthermore, the failure of a statute to provide a private cause of action does not "preclude the right to bring a common law . . . claim based upon the same allegations." Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842, 852 (Fla. 2003). In her action for sexual assault, Plaintiff alleges that Defendant Epstein tortiously assaulted her sexually. (DE 1, p. 104). Under Florida law, sexual assault is an intentional tort. See Doe v. Celebrity Cruises, Inc., 394 F.3d 891, 917 (1 I th Cir. 2004) ("Florida law equates sexual battery with an intentional tort."). Thus, even if Plaintiff's civil conspiracy claim
+
+cannot properly be grounded upon a violation of Chapter 800, it is properly grounded upon common law tortious assault. Plaintiff's cause of action for civil conspiracy is, therefore, cognizable against Defendant under Florida law.
+
+### 2. Intentional Infliction of Emotional Distress
+
+Defendants next assert that Plaintiff has failed to assert a cognizable cause of action for intentional infliction of emotional distress against Defendant because her allegations are not so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency. (DE 21, p. 7). They attempt to characterize Plaintiff as the wrongdoer because she agreed to give a massage in exchange for monetary compensation when she was "unlicensed, untrained, and unqualified to perform this professional service." (DE 21, p. 8).
+
+Defendants seem to forget that Plaintiff was just a 14-year old girl when she was approached by Defendant and induced to agree to provide a massage to a wealthy man in exchange for money. What Plaintiff certainly did not agree to do was to be subjected to Defendant Epstein's perverse scheme to satisfy his depraved sexual desires. When read fairly, Plaintiff's complaint tells the tale of a girl, barely a teenager, who was lied to and manipulated by the college-aged Defendant who, for compensation, tempted Plaintiff with the promise of money in exchange for easy and harmless work and then knowingly delivered Plaintiff into the depraved hands of Defendant Epstein. Defendant Epstein then subjected this young girl to the despicable lewd and lascivious acts detailed in Plaintiff's complaint. It is hard to imagine any conduct that is more "outrageous in character and so extreme in degree as to go beyond all possible bounds of decency." Plaintiff's cause of action for intentional infliction of emotional distress must, therefore, be recognized as cognizable under Florida law.
+
+## 3. Civil RICO
+
+Finally, Defendants argue that Plaintiff has failed to assert a cognizable cause of action for civil RICO against Defendant because Plaintiff was injured only by the sexual assault, which is not a predicate act under Florida's RICO statute. In her complaint, Plaintiff alleges that Defendants engaged in a pattern of criminal activity in which Defendant found and delivered underage girls to Defendant Epstein in order for Epstein to "solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution and/or lewdness." (Amended Complaint 1 32, DE 1, p. 307). She also alleges that she was a victim of Defendants' scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant and that she endured Epstein's actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness. (Amended Complaint 1 33, DE I, pp. 307-308). It is for harm suffered as a result of these predicate acts that Plaintiff seeks damages for in Count IV of her complaint. Cf. Palmas Y Bambu, S.A. v. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding plaintiff has standing to sue for civil RICO when her injuries flow directly from commission of the predicate acts, which means "when the alleged predicate act is mail or wire fraud, the plaintiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme"). Because Plaintiff was a target of Defendants' scheme and was harmed by their actions in carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against Defendant
+
+## C. Conclusion
+
+Plaintiff, a Florida citizen, has alleged cognizable causes of action against Defendant also a Florida citizen, for civil conspiracy, intentional infliction of emotional distress, and civil RICO. When viewing Plaintiff's factual allegations in the light most favorable to her and resolving issues of Florida substantive law in her favor, it is clear that Plaintiff has not fraudulently joined Defendant in this action. Accordingly, the Court should remand this action to Florida state court for lack of jurisdiction.
+
+## Certificate of Services
+
+I hereby certify that on September 15, 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 on all counsel of record or pro se parties identified 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 counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.
+
+sl Spencer 7'. Kuvin
+
+Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI-LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe
+
+## SERVICE LIST
+
+Doe v. Epstein, et. al.
+
+CASE NO: 08-80804-Civ-MARILta
+
+United States District Court, Southern District of Florida
+
+Robert Critton, Esq.
+
+Burman, Critton, Luttier & Coleman, LLP
+
+515 N. Flagler Drive, Suite 400
+
+
+Phone: (561) 842-2820
+
+Fax: (561) 515-3148
+
+
+
+Guy Alan ..=
+
+Email:
+
+Tein
+
+3059 Grand Avenue, Suite 340
+
+Coconut Grove, FL 33133
+
+Phone: (305) 442-1101
+
+Fax: (305) 442-6744
+
+
+Served via CM/ECF
+
+Bruce E. Reinhart, Esq.
+
+Bruce E. Reinhart, P.A.
+
+250 Australian Avenue South, Suite 1400
+
+
+Phone: (561) 202-6360
+
+Fax: (561) 828-0983
+
+Counsel for-
+
+
+Michael R. Tein, Esq.
+
+Email: tein@lewistein.com
+
+Tein
+
+3059 Grand Avenue, Suite 340
+
+Coconut Grove, FL 33133
+
+Phone: (305) 442-1101
+
+Fax: (305) 442-6744
+
+
+Served via CM/ECF
+
+Douglas M. McIntosh, Esq.
+
+Jason A. I , Esq.
+
+McIntosh, Sawran, Peltz & Cartaya, P.A.
+
+Centurion Tower, Suite 1110
+
+1601 Forum Place
+
+
+Phone: (561) 682-3202
+
+Fax: (561) 682-3206
+
+Counsel for-

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