EFTA00175775

Case 9:08-cv-8( 
0-KAM 
Document 76 
Entered. FLSD Docket 04/01 
109 
Page 6 of 7 
Jane Doe No. 4 F. Epstein 
Page 6 
application for affirmative relief' which would prevent a plaintiff bringing a claim seeking 
affirmative relief from asserting the privilege. 
WHEREFORE, Defendant requests that this Court deny the relief sought by Plaintiff. 
Affirmative Defenses 
1. As to all counts, Plaintiff consented to and was a willing participant in the acts 
alleged. 
2. As to all counts alleged, Plaintiff consented to and participated in conduct similar 
and/or identical to the acts alleged with other persons which were the sole or 
contributing cause of Plaintiff's alleged damages 
3. As to all counts, Defendant reasonably believed that the Plaintiff had attained the 
age of 18 years old at the time of the alleged acts. 
4. Plaintiffs claims are barred by the applicable statute of limitations. 
WHEREFORE Defendant requests that this Court deny the rail 
.ought by Plaintiff. 
Robert D. C 
on, Jr. 
Attorney for P efendant Epstein 
Certificate of Service 
I HEREBY CERTIFY that a true copy of the foregoing was electronically filed 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 recorcj Identified on the following Service List in the 
manner specified by CM/ECF on thisoL 
ay of  April  , 2009: 
EFTA00175815

Case 9:08-cv-8( 
0-KAM 
Document 76 
Entered 
FLSD Docket 04/0' 
)09 
Page 7 of 7 
Jane Doe No. 4'. Epstein 
Page 7 
Stuart S. Mermelstein, Esq. 
Adam D. Horowitz, Esq. 
Mermelstein & Horowitz, P.A. 
18205 Biscayne Boulevard 
Suite 2218 
60 
Fax: 
Counsel for Plaintiff Jane Doe 4 
Jack Alan Goldberger 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
ach, FL 33401-5012 
Co-Counsel for Defendant Jeffrey Epstein 
Respectfully submitte 
TON, JR., ESQ. 
24162 
m 
MICHAEL J. PIKE, ESQ. 
Florida Bar #617296 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
ach, FL 33401 
Phone 
Fax 
(Co-Counse for Defendant Jeffrey Epstein) 
EFTA00175816

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80380-MARRA-JOHNSON 
JANE DOE NO. 4 
1. 
Plaintiff, 
JEFFREY EPSTEIN 
Defendant. 
DEFENDANT EPSTEIN'S MOTION TO DISMISS AND MOTION FOR MORE 
DEFINITE STATEMENT DIRECTED TO PLAINTIFF'S AMENDED COMPLAINT 
Defendant, JEFFERY EPSTEIN, by and through his undersigned counsel, moves 
to dismiss and for more definite statement of Plaintiff JANE DOE NO. 4's Amended 
Complaint. Rules 12(b)(6), and 12(e) and (f), Fed.R.Civ.P. (2008). In support of his 
motion, Defendant states: 
Introduction 
Defendant is filing similar motions to dismiss and for more definite statement 
directed to the Amended Complaints filed against Defendant in this Court in JANE DOE 
NO. 2, JANE DOE NO. 3, JANE DOE NO. 4 and JANE DOE NO. 5. The motions are 
directed to the Counts for "Sexual Assault and Battery," and "Coercion and Enticement 
to Sexual Activity in Violation of 18 
§2422" in each of the respective complaints. 
However, there are distinctions in the four motions filed based on the complaint 
allegations. For example, Defendant challenges the Plaintiffs' allegations as to assault 
in all four actions, and challenges the battery allegations in JANE DOE NOS. 2 and 3, 
EFTA00175817

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but not in JANE DOE NOS. 4 and 5. Defendant moves to dismiss the §2422 count in all 
four actions. 
Motion 
1. Counts I and III of the Amended Complaint are required to be dismissed for 
failure to state a claim upon which relief can be granted. Rule 12(b)(6). Plaintiff has 
failed to allege sufficient factual allegations in the Counts and instead alleges labels and 
conclusions, and an attempted formulaic recitation of the elements in each Count. 
2. In the alternative, Defendant seeks more definite statement of Count I and III. In 
Count I, the Plaintiff is required to more definitely allege in the context of the claim for 
assault underlying factual allegations pertaining to the creation in Plaintiff of "imminent 
fear of peril;"; what EPSTEIN said and did, if anything, to create fear and apprehension 
in Plaintiff. In Count III, Plaintiff is required to more definitely state the underlying factual 
allegations to support her claim as set forth in the statute, 18 
. §2422(b) and 
§2455. Rule 12(e). See discussion of law below herein. 
3. Also, Plaintiff's reference in Count III to 28 
. §2255, pertaining to habeas 
corpus proceedings is required to be stricken as immaterial. Rule 12(f). Plaintiff is 
required to more definitely state what statutory provision she is relying on. Rule 12 (e). 
WHEREFORE, Defendant respectfully requests that this Court dismiss Counts I and 
III, strike the immaterial statutory reference, and require Plaintiff to more definitely plead 
the underlying elements of her claims. 
Supporting Memorandum of Law 
Standard on Rule 1204(61 Motion To Dismiss 
As established by the Supreme Court in Bell Atlantic Corp.,. Twomblv, 127 
S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead 
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Case No. CV-80380-Marra-Johnson 
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"enough facts to state a claim to relief that is plausible on its face." Id, at 1974. 
Although the complaint need not provide detailed factual allegations, the basis for relief 
in the complaint must state "more than labels and conclusions, and a formulaic 
recitation of the elements of a cause of action will not do." Id, at 1965. Further, "[f]actual 
allegations must be enough to raise a right to relief above the speculative level ... on the 
assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. 
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as 
true and construed in the light most favorable to the plaintiff. 
Sch. Dist., 446 F.3d 1153, 1156 (11th Cir.2006). 
Significantly, the Supreme Court in Bell Atlantic Corp.'. Twombly abrogated the 
often cited observation that "a complaint should not be dismissed for failure to state a 
claim unless it appears beyond doubt that the plaintiff can prove not set of facts in 
support of his claim that would entitle him to relief." Id, (abrogating and quoting Conley 
I. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme 
Court rejected the notion that "a wholly conclusory statement of claim [can] survive a 
motion to dismiss whenever the pleadings le[ave] open the possibility that a plaintiff 
might later establish some 'set of [undisclosed] facts' to support recovery." Id. As 
explained by the Supreme Court in Bell Atlantic Corp. supra at 1664-65: 
. DeKalb Count 
While a complaint attacked by a Rule 12(b)(6) moti 
to dismiss does not 
need detailed factual allegations ibid.. Saniva 
. American Bd. of 
Psychiatry and Neuroloov, Inc. 40 F.3d 247, 251 
.7 1994), a plaintiff's 
obligation to provide the "grounds" of his "entitle[ment] to relief" requires 
i
more than labels and conclusions, and a formu is recitation of the elements 
of a cause of action will not do, see Papasan . Allain 478 U.S. 265, 286, 
106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are 
not bound to accept as true a legal conclusion couched as a factual 
allegation"). Factual allegations 1st be enough to raise a right to relief 
above the speculative level, see 5 . Wright & A. Miller Federal Practice and 
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Case No. CV-80380-Marra-Johnson 
Page No. 4 
Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) 
("[T]he pleading must contain something more ... than ... a statement of facts 
that merely creates a suspicion [of] a legally cognizable right of action"), on 
the assumption that all the allegations in the complaint are true (even if 
doubtful in fact), see, e.g. Swierkiewicz I. SoremaN. A., 534 U.S. 506, 508, 
n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Neitzke I. Williams, 490 U.S. 319, 
327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not 
I
countenance ... dismissals b sed on a judge's disbelief of a complaint's 
factual allegations"); Scheuer . Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 
40 L.Ed.2d 90 (1974) (a we -pleaded complaint may proceed even if it 
appears "that a recovery is very remote and unlikely"). 
Pursuant to Rule 12(e), a party may move for more definite statement of a 
pleading to which a responsive pleading is allowed where the pleading "is so vague or 
ambiguous that the party cannot reasonably frame a response." The motion is required 
to point out the defects and the desired details. Id. 
Count I - "Sexual Assault and Battery" is sublect to dismissal as Plaintiff has 
failed to state a claim upon which relief can be granted. 
It is well settled that this Court is to apply Florida substantive law in this action. 
Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term 
"assault and battery" is most commonly referred to as if it were a legal unit, or a single 
concept, "assault and battery are separate and distinct legal concepts, assault being the 
beginning of an act which, if consummated, constitutes battery." 3A Fla.Jur.2d Assault 
§1. An assault and battery are intentional acts. See generally Spivey I. Battaglia, 258 
So.2d 815 (Fla. 1972); and Travelers Indem. Co.'. PCR. Inc., 889 So.2d 779 (Fla. 
2004). 
An "assault" is an intentional, unlawful offer of corporal injury to another by force, 
or exertion of force directed toward another under such circumstances as to create a 
reasonable fear of imminent peril. See Lav I. Kremer 411 So.2d 1347 (Fla. 1st DCA 
1982). It must be premised upon an affirmative act - a threat to use force, or the actual 
exertion of force. See 3A Fla.Jur.2d Assault §1("The essential element of the tort of 
assault is the violence offered, and not actual physical contact."). 
As further explained in Florida Jurisprudence, 2d Assault §1 - 
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Case No. CV-80380-Marra-Johnson 
Page No. 5 
An assault is defined as an intentional unlawful offer of corporal 
injury to another by force, or force unlawfully directed toward the person of 
another, under circumstances as to create a fear of imminent peril, 
coupled with the apparent present ability to effectuate the attempt. At 
common law, a tortious assault is an act that puts another in reasonable 
apprehension of immediate bodily harm. 
In ¶14 of her Amended Complaint, Plaintiff does plead the requisite 
"touching" element of "battery," so that aspect of the assault and battery claim is not 
being challenged. With the standard of pleading established in Twombly supra, in the 
context of assault, Plaintiff has failed to state a claim upon which relief can be granted. 
Rule 12(b)(6). As to the elements of assault, here are no factual allegations as to what 
was said or done to Plaintiff such that it constituted an "intentional, unlawful offer of 
corporal injury to another by force, or exertion of force directed toward another under 
such circumstances as to create a reasonable fear of imminent peril." See ¶14 of Am. 
Comp. In fact, ¶14 alleges that JANE DOE NO. 4 "returned on many occasions to the 
Palm Beach mansion to provide Epstein with massages." Allegations as to 
circumstances creating a fear of imminent peril are lacking. 
Under applicable law, Plaintiff is required to give more than labels and 
conclusions, and a formulaic recitation of the elements of a cause of action. Twombly 
supra. Plaintiff is required to allege the facts of what was done to her; what EPSTEIN 
said and did, if anything, to create fear and apprehension in Plaintiff. 
As noted in the introduction and as this Court is well aware, there is more than 
one action brought against this Defendant attempting to allege similar sounding claims. 
With all due respect, the details as to a particular claim asserted by a particular Plaintiff 
are important to give this Defendant fair notice of Plaintiffs claim so he may properly 
respond. Accordingly, under applicable law, Plaintiff has failed to state a claim for 
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Case No. CV-80380-Marra-Johnson 
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"sexual assault and battery" has Plaintiff has failed to plead requisite factual allegations 
concerning the assault. 
In the alternative to dismissing Count I, Defendant requests that Plaintiff be 
required to give more definite statement as to what was done to her; what EPSTEIN 
said and did, if anything, to create fear and apprehension in Plaintiff; in pleading the 
elements of assault. Rule 12(e). 
Ng
Ill — "Coercion and Enticement to Sexual Activity in Violation of 18 
42422" - is sublect to dismissal as Plaintiff has failed to state a claim 
upon which relief can be Si 
Rule 12(b116). Count 
also contains an 
immaterial reference to 28 
 42255, which is required to be stricken 
and more definitely stated. 
Count III of Plaintiffs Complaint attempts to assert a claim for "Coercion and 
Enticement to Sexual Activity in Violation of 18 
. §2422." In her prayer for relief in 
Count III, Plaintiff "demands judgment against Defendant Jeffrey Epstein for all 
damages available under 28 
. §2255(a), 
." 
Although the reference to "28 
§2255," pertaining to habeas corpus 
proceedings — federal custody and remedies on motion attacking sentence, is probably 
a typographical error by Plaintiff, and the reference to "28" was meant to be "18," 
Defendant requests that Plaintiff correct this error so that Defendant may have fair 
notice of the claim Plaintiff is attempting to assert. 
Whether or not the "28" is 
typographical error, Defendant is still entitled to dismissal of the count. 
The applicable version of these statutory provisions, (pre-2006 Amendments, as 
the Amended Complaint alleges a time period of "in or about 2002-2003,"119), provides: 
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY 
AND RELATED CRIMES 
§ 2422. Coercion and enticement 
(a) Whoever knowingly persuades, induces, entices, or coerces any 
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individual to travel in interstate or foreign commerce, or in any Territory or 
Possession of the United States, to engage in prostitution, or in any sexual 
activity for which any person can be charged with a criminal offense, or 
attempts to do so, shall be fined under this title or imprisoned not more than 
20 years, or both. 
(b) Whoever, using the mail or any facility or means of interstate or foreign 
commerce, or within the special maritime and territorial jurisdiction of the 
United States knowingly persuades, induces, entices, or coerces any 
individual who has not attained the age of 18 years, to engage in prostitution 
or any sexual activity for which any person can be charged with a criminal 
offense, or attempts to do so, shall be fined under this title and imprisoned 
not less than 5 years and not more than 30 years.' 
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF 
CHILDREN 
§ 2255. Chill remedy for personal injuries 
(a) Any minor who is a victim of a violation of section 2241 
2242, 2243 
2251 2251A, 2252, 2252A 2260 2421, 2422, or 2423 of this title and who 
suffers personal injury as a result of such violation may sue in any 
appropriate United States District Court and shall recover the actual 
damages such minor sustains and the cost of the suit, including a reasonable 
attorney's fee. Any minor as described in the preceding sentence shall be 
deemed to have sustained damages of no less than $50,000 in value. 
(b) Any action commenced under this section shall be barred unless the 
complaint is filed within six years after the right of action first accrues or in 
the case of a person under a legal disability, not later than three years after 
the disability. 
' The above-quoted version of 18 
§2422 is the post-2003 amendments which 
amended the statute as follows: 
2003 Amendments. Subsec. (a). Pub.L. 108-21.4 103(a)(2)(A), struck out "10" 
and inserted "20". 
Subsec. (b). Pub.L. 108-21, 4 103(a)(2)(B) struck out "15" and inserted "30". 
Pub.L. 108-21, 4 103(b)(2)(A)(il, struck out ", imprisoned" and inserted "and 
imprisoned not less than 5 years and". 
Pub.L. 108-21, 4 103(b)(2)(A)(ii) struck out ", or both" at end of subsec. (b). 
Defendant is not waiving his right to claim that the pre-2003 amended version of the 
statute is applicable in this action. However, for purposes of this motion, the relevant 
statutory language is the same. 
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Case No. CV-80380-Marra-Johnson 
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Relevant to Plaintiffs complaint, 1a. 
2255(a) creates a civil remedy for "a 
minor who is a victim of a violation of section ... 2422 ... of this title and who suffers 
personal injury as a result of such violation 
." Plaintiff has failed to plead any factual 
allegations whatsoever pertaining to violations of 18IIII. 2422. Rather, Plaintiff has 
alleged conclusory allegations simply attempting to track parts of the statutory language 
in the statute without underlying factual allegations pertaining to the Plaintiff and any 
conduct by Defendant. See ¶29 of Am. Comp. Plaintiffs allegations, (or lack of factual 
allegations), are precisely what the standard set forth by the Supreme Court in Bell 
Atlantic Corp. prohibits — Plaintiffs complaint alleges only "labels and conclusions, and 
a (partial) formulaic recitation of the elements." 
First, the Amended Complaint fails to designate whether Plaintiff is relying on 
§2422(a) or §2422(b). Second, although the complaint does contain a partial tracking of 
the language in 18 
§2422(b), it contains absolutely no factual allegations 
concerning the requisite "using the mail or any facility or means of interstate or foreign 
commerce" by Plaintiff to state a cause of action based on a violation of 18 a. 
2422(b). As well, there are no underlying factual allegations involving this Plaintiff as to 
the requisite elements that a defendant knowingly persuaded, induced, enticed, or 
coerced any individual (Plaintiff in this case) who has not attained the age of 18 years, 
to engage in prostitution or any sexual activity for which any person can be charged with 
a criminal offense, or attempted to do so. See 18-. 
2422(b); i.e. with what criminal 
offense could Plaintiff and Defendant have been charged. Again, a Plaintiff cannot 
simply track the language of a statute without some underlying factual allegations to 
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state a claim upon which relief can be granted. Accordingly, Count Ill is required to be 
dismissed, and the reference to 28 USC 2455 be stricken. 
In the alternative, Plaintiff should be required to more definitely state the 
underlying factual allegations to support her claim as set forth in the statute, 1a. 
§2422(b) and §2455. 
Conclusion 
As discussed above herein, under the pleading standard established in Twomblv,
supra, and law concerning the elements of Count I and III, Plaintiff has failed to state 
claims upon which relief can be granted. Rule 12(b)(6). Plaintiff's complaint lack 
underlying factual allegations and, thus, Plaintiff is required to more definitely state the 
requisite factual allegations. Finally, Plaintiff should correct any improper statutory 
references. 
Certificate of Service 
I HEREBY CERTIFY that a true copy of the foregoing was electronically filed 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 following Service List in the 
manner specified by CM/ECF on this 61h day of  October, 2008: 
Adam D. Horowitz, Esq. 
Jeffrey Marc Herman, Esq. 
Stuart S. Mermelstein, Esq. 
18205 Biscayne Boulevard 
Suite 2218 
60 
Fax: 
Counsel for Plaintiff Jane Doe #4 
Jack Alan Goldberger, Esq. 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
ach, FL 33401-5012 
Fax: 
Counsel for Defendant Jeffrey Epstein 
EFTA00175825

Case 9:08-cv-8L_J0-KAM 
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. FLSD Docket 10/0%. .008 
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Case No. CV-80380-Marra-Johnson 
Page No. 10 
Michael R. Tein, Esq. 
Lewis Tein, P.L. 
3059 Grand Avenue, Suite 340 
e, FL 33133 
ant Jeffrey Epstein 
Respectfully submitt 
By: 
ROBERT D CRITTON, JR., ESQ. 
Florida Ba 
o. 224162 
MICHAEL J. PIKE, ESQ. 
Florida Bar #617296 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
We t - u = =ach, FL 33401 
Phone 
Fax 
ounsel for Defendant Jeffrey Epstein) 
EFTA00175826

Case 9:08-cv-bv,.)80-KAM 
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FLSD Docket 09,-4/2008 
Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80380-MARRA/JOHNSON 
JANE DOE NO. 4, 
Plaintiff, 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
AMENDED COMPLAINT 
Plaintiff, Jane Doc No. 4 ("Jane" or "Jane Doe"), brings this Amended Complaint against 
Jeffrey Epstein, as follows: 
Parties, Jurisdiction and Venue 
I. 
Jane Doe No. 4 is a citizen and resident of the State of Florida, and is sui juris. 
2. 
This Complaint is brought under a fictitious name to protect the identity of the 
Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a 
minor. 
3. 
Defendant Jeffrey Epstein is a citizen and resident of the State of Ncw York. 
4. 
This is an action for damages in excess of $50 million. 
5. 
This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 
§I 332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; 
and (ii) is between citizens of different states. 
6. 
Additionally, this Court has jurisdiction pursuant to 28 
§1331 because 
Plaintiff alleges a claim under the laws of the United States. This Court has supplemental 
jurisdiction pursuant to 28 
. §1367(a) over all other claims set forth herein, which form part of 
HERMAN & MERMELSTEIN, P. A. 
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EFTA00175827

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the same case or controversy. 
7. 
This Court has venue of this action pursuant to 28 
§§1391(a) and 1391(6) as a 
substantial part of the events or omissions giving rise to the claim occurred in this District. 
Factual Allocations 
8. 
At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 
years old. Epstein is a financier and moncy manager with a secret clientele limited exclusively to 
billionaires. Ile is himself a man of tremendous wealth, power and influence. l le maintains his 
principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, 
FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 
9. 
Upon information and belief, Epstein has a sexual preference and obsession for 
underage minor girls. He engaged in a plan and scheme in which he gained access to primarily 
economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave 
them money. In or about 2002-2003, Jane Doe, then approximately 15 years old, fell into Epstein's 
trap and became one of his victims. 
10. 
Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted 
girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 
II. 
Epstein's scheme involved the use of young girls to recruit underage girls. 
a Palm Beach Community College student from Loxahatchee, Florida recruited girls 
ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. 
The young girls would be contacted when Epstein was planning to be at his Palm Beach residence 
or soon after he had arrived there. Ms. 
upon information and belief, generally sought out 
economically disadvantaged underage girls from western Palm Beach County who would be enticed 
by the money being offered - generally $200 to $300 per "massage" session - and who were 
perceived as less likely to complain to authorities or have credibility if allegations of improper 
HERMAN Ek MERMELSTEIN, P. A. 
- 2 - 
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conduct were made. This was an important element of Epstein's plan. 
12. 
Epstein's plan and scheme reflected a particular pattern and method. The underage 
victim would be brought to the kitchen entrance of Epstein's mansion, where she would be 
introduced to 
Epstein's assistant. Ms. 
vould then bring the girl up a flight of 
stairs to a bedroom that contained a massage table in addition to other furnishings. There were 
photographs of nude women lining the stairway hall and in the bedroom. The girl would then find 
herself alone in the room with Epstein, who would be wearing only a towel. He would then remove 
his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein 
would then perform one or more lewd, lascivious and sexual acts, including 
and 
touching the girl's 
13. 
Consistent with the foregoing plan and scheme, when Jane Doe was approximately 15 
years old, she was recruited by 
to give Epstein a massage for monetary compensation. 
Jane was brought to Epstein's mansion in Palm Beach, to the kitchen entrance. Once there, Jane 
was introduced to 
who led her up the flight of stairs to the room with the massage 
table. In this room, Jane was directed by Epstein to remove her clothes and give him a massage. 
Jane initially kept her panties and bra on, and complied with Epstein's instructions. Jane was paid 
by Epstein for this massage. 
14. 
Jane returned on many occasions to the Palm Beach mansion to provide Epstein with 
massages. On those occasions, Epstein engaged in sexual contact and activity with the minor Jane, 
which included, among other things, directing Jane to remove all her clothes, 
Jeffrey Epstein often usedalMon the 
minor Jane during the massage. This sexual abuse continued for approximately three years. 
15. 
As a result of these encounters with Epstein, Jane experienced confusion, shame, 
humiliation and embarrassment, and has suffered severe psychological and emotional injuries. 
HERMAN & MERMELSTEIN, P. A. 
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COUNT I 
Sexual Assault and Battery 
16. 
Plaintiff Jane Doe repeats and realleges paragraphs 1 through 15 above. 
17. 
Epstein acted with intent to cause an offensive contact with Jane Doe, or an imminent 
apprehension of such a contact, and Jane Doe was thereby put in such imminent apprehension. 
18. 
Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane 
Doe, creating a reasonable fear of imminent peril. 
19. 
Epstein intentionally inflicted harmful or offensive contact on the person of Jane Doe, 
with the intent to cause such contact or the apprehension that such contact is imminent. 
20. 
Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts 
were intentional, unlawful, offensive and harmful. 
21. 
Epstein's plan and scheme in which he committed such acts upon Jane Doe were 
done willfully and maliciously. 
22. 
As a direct and proximate result of Epstein's assault on Jane, she has suffered and 
will continue to suffer severe and permanent traumatic injuries, including mental, psychological and 
emotional damages. 
WHEREFORE, Plaintiff Jane Doe No. 4 demands judgment against Defendant Jeffrey 
Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this 
Court deems just and proper. 
COUNT II 
Intentional Infliction of Emotional Distress 
23. 
Plaintiff Jane Doe repeats and realleges paragraphs 1 through 15 above. 
24. 
Epstein's conduct was intentional or reckless. 
25. 
Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds 
of decency. 
HERMAN & MERMELSTEIN, P. A. 
-4-
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26. 
Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted 
in mental or sexual injury to Jane Doe, that caused or were likely to cause Jane Doe's mental or 
emotional health to be significantly impaired. 
27. 
Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had 
mason to know that his intentional and outrageous conduct would cause emotional distress and 
damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing 
severe emotional distress to Jane Doe. 
28. 
As a direct and proximate result of Epstein's intentional or reckless conduct, Jane 
Doe, has suffered and will continue to suffer severe mental anguish and pain. 
WHEREFORE, Plaintiff Jane Doe No. 4 demands judgment against Defendant Jeffrey 
Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this 
Court deems just and proper. 
COUNT III 
Coercion and Enticement to Sexual Activity in Violation of 18 M. 
42422 
29. 
Plaintiff Jane Doe repeats and realleges paragraphs I through 15 above. 
30. 
Epstein used a facility or means of interstate commerce to knowingly persuade, 
induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or 
sexual activity for which any person can be charged with a criminal offense. 
31. 
Epstein's acts and conduct are in violation of 18 
. §2422. 
32. 
As a result of Epstein's violation of I 8 
. §2422, Plaintiff has suffered personal 
injury, including mental, psychological and emotional damages. 
33. 
Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a 
reasonable attorneys' fee. 
WHEREFORE, Plaintiff Jane Doe No. 4 demands judgment against Defendant Jeffrey 
HERMAN & MERMELSTEIN, P. A. 
- 5 - 
EFTA00175831

Case 9:08-cv-b,,s80-KAM 
Document 49 
Entereci n FLSD Docket 09/-2/2008 
Page 6 of 8 
Epstein for all damages available under 28 
§2255(a), including without limitation, actual 
and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as 
this Court deems just and proper. 
JURY TRIAL DEMAND 
Plaintiff demands a jury trial in this action on all claims so triable. 
Dated: September 22, 2008 
Respectfully submitted, 
By: 
s/ Jeffrey M. Herman 
Jeffre M. Herman FL Bar No. 521647) 
Stuart S. Mermelstein (FL Bar No. 947245) 
Adam D. Horowitz (FL Bar No. 376980) 
HERMAN 6. MERMELSTE1N, P. A. 
- 6 - 
HERMAN & MERMELSTE1N, P.A. 
Attorneys for Plaintiff 
18205 Biscayne Blvd., Suite 2218 
Miami, Florida 33160 
Tel: 
Fax: 
EFTA00175832

• 
Case 9:08-cv-uu380-MM 
Document 49 
Entereit.. an FLSD Docket 0,.2/2008 
Page 7 of 8 
CERTIFICATE OF SERVICE 
I hereby certify that on September 22, 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 to all parties on the attached Service List in the manner specified, either via 
transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized 
manner for those parties who are not authorized to receive electronically Notices of Electronic 
Filing. 
/s/ Jeffrey M. Herman 
HERMAN 5. MERMELSTEIN, P. A. 
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EFTA00175833

• 
Case 9:08-cy-u,.,380-KAM 
Document 49 
Enterer. n FLSD Docket 09,1/2008 
Page 8 of 8 
SERVICE LIST 
DOE vs. JEFFREY EPSTEIN 
CASE NO.: 08-CV-80380-MARRA/JOHNSON 
United States District Court, Southern District of Florida 
Jack 
er Esq. 
Michael R. Tein, 
. 
Robert D. Critton Es . 
Michael Pike Es . 
/s/ Jeffrey M. Herman 
HERMAN & MERMELSTEIN. P. A. 
- 8 - 
EFTA00175834