EFTA00175521

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U.S. District Court 
Southern District of Florida (West Palm Beach) 
CIVIL DOCKET FOR CASE #: 9:08-cv-80804-KAM 
Doe v. Epstein et al 
Assigned to: Judge Kenneth A. Marra 
Referred to: Magistrate Judge Linnea R. Johnson 
' 
Case in other court: 15th Judicial Circuit, 50 2008 CA 
006596 
Cause: 28:1331 Federal Question 
CLOSED, L1RJ 
Date Filed: 07/18/2008 
• 
Date Terminated: 10/03/2008 
Jury Demand: Plaintiff 
Nature of Suit: 890 Other Statutory 
Actions 
Jurisdiction: Federal Question 
Plaintiff
Jane Doe 
represented by Spencer Todd Kuvin 
Ricci Leopold 
2925 PGA Boulevard 
Suite 200 
Palm Beach Gardens , FL 33410 
Defendant 
Jeffrey Epstein 
Fax: 515-2610 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Theodore Jon Leopold 
Leopold—Kuvin, P.A. 
2925 PGA Boulevard 
Suite 200 
Palm Beach Gardens , FL 33410 
Fax: 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
represented by Guy Alan Lewis 
Lewis Tein 
3059 Grand Avenue 
Suite 340 
Coconut Grove , FL 33133 
Fax: 442-6744 
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Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Jack Alan Goldberger 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
West Palm Beach , FL 33401-5012 
Fax: 835-8691 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Michael James Pike 
Burman Critton Luttier & Coleman 
515 N Flagler Drive 
Suite 400 
West Palm Beach , FL 33401-2918 
Fax: 515 14 
-
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Michael Ross Tein 
Lewis Tein 
3059 Grand Avenue 
Suite 340 
Cocos Grove , FL 33133 
Fax: 442- 
4 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Robert Deweese Critton , Jr. 
Burman Critton Luttier & Coleman 
515 N Flagler Drive 
Suite 400 
West Palm Beach , FL 33401-2918 
Fax: 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Defendant
represented by Douglas Malcolm McIntosh 
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EFTA00175522

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Defendant 
McIntosh Sawran Peltz Cartaya & 
Petruccelli 
1776 E Sunrise Boulevard 
PO Box 7990 
Fort Lauderdale , FL 33338-7990 
Fax: 765-1005 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Guy Alan Lewis 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Jason A. McGrath 
McIntosh Sawran Peltz & Cartaya 
1601 Forum Place 
Suite 1110 
West Palm Beach , FL 33401 
Fax: 
Email: 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Michael Ross Tein 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
represented by Guy Alan Lewis 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Michael Ross Tein 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Date Filed 
# that Docket Text 
07/18/2008 
1 
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9.4 
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NOTICE OF REMOVAL Filing&135S.00 Receipt#: 724495, filed by 
Jeffrey Epstein, = 
. (Attachments: # 1 exhibits, 
# 2 cxhibits)(jgn) (Entered: 07/21/2008) 
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07/25/2008 
2 
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MOTION for Hearing Defendants Je e E stein and 
Request for Oral Argument by 
Jeffrey Epstein. (Tein, 
Michael) (Entered: 07/25/2008) 
07/25/2008 
3 
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MOTION for Extension of Time to File Answer Defendants Jeffrey 
Epstein and 
Motion for 
f Time to Answer 
or Otherwise Respon to Complaint by 
Jeffrey Epstein. 
(Tein, Michael) (Entered: 07/25/2008) 
07/25/2008 
4 
Sealed Document. (igo) UNSEALED see DE U Modified on 9/3/2008 
(ral). (Entered: 07/25/2008) 
07/25/2008 
5 
Sealed Document. (igo) UNSEALED see DE 11£ Modified on 9/3/2008 
(ral). (Entered: 07/25/2008) 
07/25/2008 
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UNSEALED MOTION to File Under Seal by 
Jeffrey 
Epstein. (ral) (Entered: 09/03/2008) 
07/25/2008 
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UNSEALED MOTION to Stay by
, Jeffrey Epstein. (ral) 
 (Entered: 09/03/2008) 
08/06/2008 
6 
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ORDER DENYING MOTION TO SEAL. The Clerk shall unseal DE 4 
Sealed Document, 5 Sealed Document and make them available for 
public inspection through CM/ECF. Signed by Judge Kenneth A. Marra 
on 8/5/08. (ir) (Entered: 08/06/2008) 
08/06/2008 
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ORDER DENYING MOTION TO STAY and denying as moot 2 Motion 
for Hearing. Signed by Judge Kenneth A. Marra on 8/5/08. (ir) (Entered: 
08/06/2008) 
08/08/20(8 
a 
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MOTION Defendant Jeffiwy Epstein's Opposed Motion to Align 
Response Date by Jeffrey Epstein. (Attachments: # 1 Text of Proposed 
OrderXTein, Michael) (Entered: 08/08/2008) 
08/13/2008 
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Unopposed MOTION for Extension of Time to File CIVIL RICO CASE 
STATEMENT by Jane Doe. (Kuvin, Spencer) (Entered: 08/13/2008) 
08/14/2008 
I 0 
ENDORSED ORDER granting 9 Motion for Extension of Time to File 
Civil Rico Case Statement. Signed by Judge Kenneth A. Marra on 
8/14/08. (ir) (Entered: 08/14/2008) 
08/18/2008 
I I 
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MOTION to Remand by Jane Doe. (Attachments: II 1 Exhibit Defendant 
Epstein Sentence)(Kuvin, Spencer) (Entered: 08/18/2008) 
08/21/2008 
12 
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0,9 
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Plaintiffs MOTION to Preserve Evidence by Jane Doe. (Attachments: II 
I Exhibit 1)(Kuvin, Spencer) (Entered: 08/21/2008) 
08 21 -'008 
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ORDER requiring response to 12 Plaintiffs MOTION to Preserve 
Evidence and Expedite Discovery. Response due by 5:00 p.m. 8/26/08. 
Signed by Judge Kenneth A. Marra on 8/21/08. (ir) (Entered: 
08/21/2008) 
08/21/2008 
Reset Deadlines as to 12 Plaintiffs MOTION to Preserve Evidence. 
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Responses due by 8/26/2008 (ir) (Entered: 08/21/2008) 
08/22/2008 
14 
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RESPONSE to Motion re 12 Plaintiffs MOTION to Preserve Evidence 
Epstein's Response to Motion to Preserve Evidence [DE 121 filed by 
Jeffrey Epstein. Replies due by 9/2/2008. (Tein, Michael) (Entered: 
08/22/2008) 
08/29/2008 
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ORDER granting a Motion Align Response Date. Response due 9/4/08. 
Signed by Judge Kenneth A. Marra on 8/28/08. (ir) (Entered: 
08/29/2008) 
08/29/2008 
Reset Answer Due Deadline: Jeffrey Epstein response due 9/4/2008. (ir) 
(Entered: 08/29/2008) 
08/29/2008 
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II:
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NOTICE by 
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 
Plaintiffs 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 to File Civil Rico Case Statement Pursuant to Local 
Rule 12.1 (Attachments: # 1 Exhibit Unopposed Motion for Enlargement 
of Time to File Civil Rico Case Statement Pursuant to Local Rule 12.1, 
and Proposed Order)(Mclntosh, Douglas) (Entered: 08/29/2008) 
09/04/2008 
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Defendant's MOTION to Dismiss 1 Notice of Removal Amended 
Complaint by Jeffrey Epstein. Responses due by 9/22/2008 (Tein, 
Michael) (Entered: 09/04/2008) 
09/05/2008 
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ORDER granting 12 Motion to'Preserve Evidence. Signed by Judge 
Kenneth A. Marra on 9/4/08. (ir) (Entered: 09/05/2008) 
09/05/2008 
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0.7 
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RESPONSE in Opposition re 11 MOTION to Remand filed by 
Jeffrey Epstein. (Tein, Michael) (Entered: 09/05/2008) 
09/15/2008 
22 r 
3" 
KB 
REPLY to Response to Motion re 11 MOTION to Remand filed by Jane 
Doe. (Kuvin, Spencer) (Entered: 09/15/2008) 
09/16/2008 
21 
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893
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NOTICE of Substitution of Counsel by Theodore Jon Leopold on behalf 
ofJane Doe (Leopold, Theodore) (Entered: 09/16/2008) 
09/18/2008 
24 r 
3itil, 
Unopposed MOTION for Extension of Time to File Response as to 19 
Defendant's MOTION to Dismiss 1 Notice of Removal Amended 
Complaint by Jane Doe. (Attachments: # 1 Text of Proposed Order) 
(Kuvin, Spencer) (Entered: 09/18/2008) 
09/19/2008 
25 
ENDORSED ORDER granting 24 Motion for Extension of Time to 
Respond to Motion to Dismiss. Plaintiffs response due 15 days after 
Court rules on Motion to Remand. Signed by Judge Kenneth A. Marra on 
9/19/08. (ir) (Entered: 09/19/2008) 
10/03/2008 
nr, 
r 
OPINION AND ORDER granting11 Motion to Remand. All pending 
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motions are denied, without prejudice, as moot. This case is CLOsI I) 
Signed by Judge Kenneth A. Marra on 10/3/08. (ir) Modified on 
10/3/2008 (ir). (Entered: 10/03/2008) 
10/06/2008 
27 r Transmittal Letter Sent With certified copy of Order of Remand To: 15th 
37.2 
Judicial Circuit in and for Palm Beach County, Florida (bb) (Entered: 
KB 
10/06/2008) 
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EFTA00175526

Case 9:08-cv-81,O04-KAM 
Document _ 
Entered 
FLSD Docket 10/03/.. J8 
Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
NO. 08-80804-OV-MARRA/JOHNSON 
JANE DOE, a/k/a 
JANE DOE NO. 1, 
Plaintiff, 
1. 
JEFFREY EPSTEIN, 
, and 
Defendants. 
OPINION AND ORDER REMANDING CASE TO STATE COURT 
THIS CAUSE is before the Court on Plaintiff's Motion to Remand (DE 11), filed August 
18, 2008. Defendants filed a response (DE 21), and Plaintiff subsequently replied (DE 22). The 
motion is now fully briefed and is ripe for review. The Court has carefully reviewed all of the 
briefs and the entire record and is otherwise advised in the premises. 
Background 
Plaintiff Jane Doe, a/k/a Jane Doe No. 1, filed a four-count complaint in the Circuit Court 
of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, on June 25, 2008, 
bringing actions for sexual assault against Defendant Jeffrey Epstein ("Epstein"), and civil 
conspiracy, intentional infliction of emotional distress, and civil remedy for violation of Florida 
Statute Section 772.103 against all three Defendants (DE 1). The facts, as alleged in the 
Complaint, are as follows: At all relevant times, Epstein was an adult male. (Am. Compl. ¶ 8). 
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Epstein engaged in a plan, scheme and/or enterprise in which he gained access to primarily 
economically disadvantaged minor girls in his home, sexually assaulted these girls or coerced or 
attempted to coerce them to engage in prostitution, and then gave them money. (Am. Compl. 1 
9). In or about 2005, Plaintiff, then 14 years old, became a victim of this scheme. (Am. Compl. 
¶ 9). Defendant 
("=") 
and 
('a') 
recruited girls 
ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach 
mansion. (Am. Compl. 111). Under the plan, 
was contacted shortly before or soon after 
Epstein was at his Palm Beach residence. Epstein, 
or someone on their behalf, directed 
to bring one or more underage girls to the residence. (Am. Complill 1). 
generally sought out economically disadvantaged underage girls from Loxahatchce and 
surrounding areas. (Am. Compl. ¶ 11). 
Upon arrival at Epstein's mansion, 
would introduce each victim to 
who 
gathered the girl's personal information. (Am. Compl. ¶ 12). Defendant would 
then bring 
the girl up a flight of stairs to a bedroom that contained a massage table. (Am. Compl. ¶ 12). 
would then leave the girl alone in the room, whereupon Epstein would enter wearing only 
a towel. (Am. Compl. ¶ 12). Epstein would then remove his towel, lay down naked on the 
massage table, and direct the girl to remove her clothes. (Am. Compl. ¶ 12). Epstein would then 
perform one or more lewd, lascivious and sexual acts, 
(Am. Compl. ¶ 12). 
Consistent with the foregoing plan, 
recruited Plaintiff to give Epstein a massage 
for monetary compensation. (Am. Compl. ¶ 13). 
brought Plaintiff to Epstein's mansion 
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Document 
Entered 
. FLSD Docket 10/03/2„8 
Page 3 of 8 
in Palm Beach. (Am. Compl. ¶ 13). Plaintiff was introduced to a, 
who led her up the stairs 
to the room with the massage table. (Am. Compl. ¶ 13). 
'et up the massage table, laid out 
the massage oils, told Plaintiff that Epstein would be in shortly, and then left the room. (Am. 
Compl. ¶ 13). Plaintiff was alone in the room when Epstein arrived. (Am. Compl. ¶ 13). Epstein 
told her to remove her clothes and left the room. (Am. Compl.  13). Epstein returned wearing 
only a towel. (Am. Compl. ¶ 13). Epstein removed his towel and laid down on his stomach on 
the massage table. (Am. Compl. ¶ 13). Epstein again told Plaintiff to remove her clothes. (Am. 
Compl. ¶ 13). In shock, fear and trepidation, Plaintiff complied, removing her clothes except for 
her panties and bra. (Am. Compl. ¶ 13). Shortly after starting to rub Epstein's back, Epstein told 
Plaintiff to sit on his back. (Am. Compl. ¶ 13). Plaintiff, out of fear and trepidation, complied. 
(Am. Compl. ¶ 13). After a period of time, Epstein got up from the table and went behind the 
door. (Am. Compl. ¶ 13). For several minutes Plaintiff heard loud noises and moans and 
believes that Epstein was 
(Am. Compl. ¶ 13). Thereafter, Epstein, naked, returned 
to the massage table and laid face up on the table. (Am. Compl. ¶ 13). Epstein then told Plaintiff 
to continue with the massage and told her to sit on top of him. (Am. Compl. ¶ 13). Out of fear 
and trepidation she complied. (Am. Compl. ¶ 13). As Plaintiff rubbed Epstein's chest, Epstein 
began to 
time, Epstein was 
(Am. Compl. ¶ 13). Thereafter Epstein began to 
(Am. Compl. ¶ 13). At this same 
. (Am. Compl. ¶ 13). 
Epstein got up from 
the massage table, told Plaintiff to write down her name and phone number, and then left the 
room.(Am. Compl. ¶ 13). 
Plaintiff was then able to get dressed, leave the room and go back downstairs and into the 
3 
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Case 9:08-cv-8uo04-KAM 
Document ....., 
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FLSD Docket 10/03..-J8 
Page 4 of 8 
kitchen. (Am. Compl. 1 14). Epstein, 
and 
were waiting for Plaintiff. (Am. 
Compl. ¶ 14). Epstein paid Plaintiff $300. (Am. Compl. ¶ 14). Epstein paid 
$200 for 
bringing Plaintiff to him. (Am. Compl. ¶ 14). 
took Plaintiff home. (Am. Compl. ¶ 14). 
As a result of this encounter, the 14-year-old Plaintiff experienced confusion, shame, 
humiliation, and embarrassment, and the assault sent her life into a downward spiral. (Am. 
Compl, ¶ 15). 
Defendants filed a Notice of Removal with this Court on July 18, 2008. (DE 1). 
Defendants assert that this Court has jurisdiction pursuant to 28 U.S.C. § 1332: the amount in 
controversy exceeds $75,000; Defendant Epstein is a citizen of the U.S. Virgin Islands; and 
Defendant 
is a citizen of New York. (Notice of Removal ¶ 2.) As Plaintiff is a 
citizen of Florida, complete diversity exists and this Court's jurisdiction is alleged to be proper. 
As for 
Defendants claim that 
was fraudulently joined to defeat diversity 
jurisdiction. (Notice of Removal. ¶ 3). Plaintiffs have moved to remand the action, claiming that 
was not fraudulently joined to the action. As such, Plaintiff asserts that complete 
diversity does not exist, and this Court does not have jurisdiction over this case. 
Standard of Review 
A defendant may remove any civil action brought in a state court over which a federal 
court would also have original jurisdiction. 28 U.S.C. § 1441(a). However, the burden of 
establishing federal jurisdiction under § 1441 rests with the party seeking removal. Carson'. 
Dunham. 121 U.S. 421, 425 (1887); Diaz, Sheppard, 85 F.3d 1502, 1505 (11th Cir. 1996). The 
right of removal is strictly construed, as it is considered a federal infringement on a state's power 
to adjudicate disputes in its own courts. See Shamrock Oil & Gas Corp.,. Sheets, 313 U.S. 100, 
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Page 5 of 8 
108-09 (1941). Thus, when the Court's jurisdiction over a case is doubtful, doubts arc resolved 
in favor of remand. See Crowe . Coleman, 113 F.3d 1536, 1539 (11th Cir. 1997). 
Discussion 
Fraudulent Joinder 
A defendant's statutory "right of removal cannot be defeated by a fraudulent joinder of a 
resident defendant having no real connection with the controversy." Wilson'. Republic Iron & 
Steel Co., 257 U.S. 92, 97 (1921). Thus, courts have established the doctrine of fraudulent 
joinder to allow the removal of a case to federal court despite the presence of a non-diverse or 
forum-citizen defendant. The Eleventh Circuit has provided substantial guidance for the district 
courts in situations where a party removes a case from state court, alleging fraudulent joinder of 
the non-diverse parties: 
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. The burden of the removing party is a "heavy one." 
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. 
Crowe, 113 F.3d at 1538. In this case, Defendants do not allege that Plaintiff fraudulently pled 
jurisdictional facts; instead, Defendants argue that Plaintiff has no cause of action against 
The Amended Complaint alleges three causes of action against 
: civil conspiracy 
(Count 2); intentional infliction of emotional distress (Count 3); and civil remedy for violation of 
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Document - 
Entered.... FLSD Docket 10/03/i _ A 
Page 6 of 8 
Florida Statute Section 772.103 (Count 4). The Court, in considering the remand motion, must 
not weigh the merits of a Plaintiffs claim beyond determining whether any of the alleged causes 
of action is an arguable one under state law. See Crowe. 113 F.3d at 1538. "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,. Amoco Oil Co., 709 F.2d 1433, 144041 (11th 
Cir.1983). 
The Florida Fifth District Court of Appeals set forth the elements of a civil conspiracy as 
follows: "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'. Blankenship, 931 So.2d 137, 140 (Fla. SDCA 2006), 
citing Florida Fern Growers Ass'n, Inc.'. Concerned Citizens of Putnam County, 616 So.2d 562 
(Fla. 5th DCA 1993). Here, Plaintiff has alleged each of the required elements in her Amended 
Complaint as follows: (a) a conspiracy between the three Defendants, including 
(Am. 
Compl. ¶ 21); (b) to do an unlawful act, that is, to commit the tort of sexual assault of a minor 
(Am. Compl. ¶ 21); (c) 
committed an overt act in pursuance of the conspiracy, that is, 
used false pretenses to lure Plaintiff to Epstein's home so that Epstein could sexually 
assault Plaintiff (Am. Compl. 1 22).; and (d) severe and permanent traumatic injuries, including 
mental, psychological and emotional damages (Am. Compl. ¶ 23). 
"Additionally, an actionable conspiracy requires an actionable underlying tort or wrong." 
Raimi I. Furlong, 702 So.2d 1273, 1284 (3d DCA 1997); see, e.g., Walters 931 So.2d at 141. 
6 
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Document 
Entered 
FLSD Docket 10/03/,_J8 
Page 7 of 8 
The gist of a civil action for conspiracy is not the conspiracy itself, but the civil 
wrong which is done pursuant to the conspiracy and which results in damage to 
the plaintiff .... (citations omitted) Thus, a cause of action for civil conspiracy 
exists ... only if "the basis for the conspiracy is an independent wrong or tort 
which would constitute a cause of action if the wrong were done by one person." 
Rivers'. Dillards Dept. Store, Inc., 698 So.2d 1328 (Fla. I DCA 1997), quoting Blatt . Green 
Rose, Kahn & Piotrkowski, 456 So.2d 949 (Fla. 3d DCA 1984). The alleged underlying wrong or 
tort in this case is sexual assault of a 14-year-old minor. Sexual assault is considered tortious 
conduct under Florida law. Malicki 
Doe 814 So.2d 347, 358 (Fla. 2002); see also Doe'. 
Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004) ("Florida law equates sexual battery 
with an intentional tort."). At the very least, Plaintiff's Complaint states a cause of action for the 
underlying tort of battery, as a 14-year-old child cannot consent to the alleged vaginal penetration 
by Epstein. Fla. Stat. § 800.04. 
Based on the foregoing, the Court cannot say with certainty that "no possibility" exists 
that Plaintiff can establish a cause of action against the resident 
in state court. 
See Crowe, 113 F.3d at 1538. As such, the Court concludes that Defendants have not met their 
"heavy" burden of demonstrating that joinder of the claims against 
justifying denial of the motion to remand. a 
Conclusion 
was fraudulent, 
Accordingly, it is hereby 
ORDERED AND ADJUDGED as follows: 
1. Plaintiff's Motion to Remand [DE 11] is GRANTED. 
2. This case shall be REMANDED to the Circuit Court for the Fifteenth Judicial Circuit 
in and for Palm Beach County, Florida, case No. 50 2008 CA 006596, for lack of subject matter 
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Document 
Entered , . FLSD Docket 10/03P,.. -8 
Page 8 of 8 
jurisdiction; 
3. The Clerk of this Court is hereby directed to forward a certified copy of this Order to 
the Clerk of the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County, 
Florida, case No. 50 2008 CA 006596; 
4. All pending motions are hereby DENIED, without prejudice, as moot; and 
5. This case is closed. 
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, 
Florida, this 3' day of October, 2008. 
KENNETH A. MARRA 
United States District Judge 
Copies furnished to: 
All counsel of record 
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EFTA00175534

Case 9:08-cv-8Uo04-KAM 
Document ....... 
Entered 
FLSD Docket 09/15/,.„J8 
Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-80804-CIV-MARRAMOHNSON 
JANE DOE, a/k/a, 
JANE DOE NO. 1, 
Plaintiff, 
vs. 
IF'.F
.EY EPSTEIN 
, and 
Defendants. 
PLAINTIFF'S REPLY TO OPPOSITION TO REMAND 
Plaintiff Jane Doe, a Florida citizen, properly sued 
citizen, in this action. Contrary to Defendants' contention, Defendant 
also a Florida 
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 I I, DE I, pp. 301; Deposition of Jane Doe, DE I, 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 
EFTA00175535

Case 9:08-cv-8ua04-KAM 
Document -4 
Entered 
FLSD Docket 09/15h.,,J8 
Page 2 of 8 
is reported that Plaintiff had moved to another state in order to intimate that Plaintiff 
made fraudulent allegations regarding her residency. (DE I, 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 Plaintiff's 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, 
Plaintiff's 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 ¶¶ 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. 
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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.'. 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 whcthcr a private cause of action may be based upon a 
statutory breach, Florida courts look to the intent of the legislature. Baumsteinl. Sunrise 
Community, Inc., 738 So. 2d 420, 421 (Fla. 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'. 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 I. 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 I, p. 104). Under Florida law, sexual assault is an intentional tort. See 
Doe" Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004) ("Florida law equates 
sexual battery with an intentional tort."). Thus, even if Plaintiffs civil conspiracy claim 
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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 arc 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 I4-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 
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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 ¶ 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 ¶ 33, DE 1, 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, 
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 
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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 arc 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: 
Facsimile: 
Counsel for Plaintiff Jane Doe 
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