EFTA00175717

Case 9:08-cv-Eld—.4-KAM 
Docun.„.it 41 
Entered G. .-LSD Docket 1G. ,I2008 
Page 1 of 10 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80232-MARRA-JOHNSON 
JANE DOE NO. 3 
Plaintiff, 
JEFFREY EPSTEIN 
Defendant. 
DEFENDANT'S, EPSTEIN, 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. 3'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 U.S.C. §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, 
but not in JANE DOE NOS. 4 and 5. Defendant moves to dismiss the §2422 count in all 
four actions. 
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Case No. CV-80232-Marra-Johnson 
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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 what was done to her; what 
EPSTEIN said and did, if anything, to create fear and apprehension in Plaintiff; what 
was the intentional offensive or harmful contact in pleading the elements of assault and 
battery. 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 U.S.C. §2422(b) and 
§2455. Rule 12(e). See discussion of law below herein. 
3. Also, Plaintiff's reference in Count III to 28 U.S.C. §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 12(b)(6) Motion To Dismiss 
As established by the Supreme Court in Bell Atlantic Corp. I. Twombly, 127 
S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead 
"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 
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Case No. CV-80232-Marra-Johnson 
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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. 
. I. DeKalb County 
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: 
ir
While a complaint attacked by a Rule 12(b)(6) moti 
to dismiss does not 
need detailed factual allegations, ibid.. Sanivan 
. American Bd. of 
Psychiatry and Neurology. Inc., 40 F.3d 247, 251 (C. .7 1994), a plaintiffs 
obligation to provide the "grounds" of his "entitle[ment] to relief" requires 
more than labels and conclusions, and a formutic 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 must be enough to raise a right to relief 
above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and 
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 
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doubtful in fact), see, e.g., Swierkiewiczt. Sorema N. A., 534 U.S. 506, 508, 
n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (200 ; Neitzli. Williams 490 U.S. 319, 
327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) 
Rule 12(b)(6) does not 
countenance 
dismissals based on a judge's disbelief of a complaint's 
factual allegations"); Scheuer‘f. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 
40 L.Ed.2d 90 (1974) (a we I-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 subject 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.1. 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'. 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 Lay 1. 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."). 
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Case No. CV-80232-Marra-Johnson 
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Tort of "battery" consists of the infliction of a harmful or offensive contact upon 
another with the intent to cause such contact or the apprehension that such contact is 
imminent. Quilling'. Price, 894 So.2d 1061 (Fla. 5th DCA 2005); Sullivan'. Atlantic 
Federal Savings & Loan, 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the 
intentional infliction of a harmful or offensive contact upon the person of another"). See 
3A Fla.Jur.2d Assault §1. 
With the standard of pleading established in Twomblv, supra, in the context of 
the elements for assault and battery, 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 ¶12 of Am. Comp. The same is true for the claim of battery. 
Plaintiff makes the general allegation in ¶12 that "he (Defendant) laid down on the 
massage table, and sexually assaulted Jane during the massage." 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. Twomblv, 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; what was the intentional offensive or harmful 
contact? 
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 
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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 
sexual assault and battery. 
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; what was the 
intentional offensive or harmful contact in pleading the elements of assault and battery. 
Rule 12(e). 
Count Ill — "Coercion and Enticement to Sexual Activity in Violation of 18 
U.S.C. 42422" • is subject to dismissal as Plaintiff has failed to state a claim 
upon which relief can be granted. Rule 12(b)(6). Count Ill also contains an 
Immaterial reference to 28 U.S.C. §2255, which is required to be stricken 
and more definitely stated. 
Count Ill of Plaintiffs Complaint attempts to assert a claim for "Coercion and 
Enticement to Sexual Activity in Violation of 18 U.S.C. §2422." In her prayer for relief in 
Count III, Plaintiff "demands judgment against Defendant Jeffrey Epstein for all 
damages available under 28 U.S.C. §2255(a), 
." 
Although the reference to "28 U.S.C. §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 2004-2005," ¶8), provides: 
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Case. 
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Docurn,...a 41 
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Case No. CV-80232-Marra-Johnson 
Page No. 7 
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY 
AND RELATED CRIMES 
§ 2422. Coercion and enticement 
(a) Whoever knowingly persuades, induces, entices, or coerces any 
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. Civil remedy for personal Injuries 
(a) Any minor who is a victim of a violation of section 2241(c), 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. 
Relevant to Plaintiffs complaint, 18 U.S.C. 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 18 U.S.C. 2422. Rather, Plaintiff has 
alleged condusory allegations simply attempting to track parts of the statutory language 
EFTA00175763

Cese'9:08-cv-80i. _-KAM 
Docuni‘....( 41 
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Case No. CV-80232-Marra-Johnson 
Page No. 8 
in the statute without underlying factual allegations pertaining to the Plaintiff and any 
conduct by Defendant. See ¶29 of Am. Comp. Plaintiff's 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 U.S.C. §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 U.S.C. 
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 U.S.C. 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 
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, 18 U.S.C. 
§2422(b) and §2455. 
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Entered di. . LSD Docket 10/....,2008 
Page 9 of 10 
Conclusion 
As discussed above herein, under the pleading standard established in Twombly,
supra, and law concerning the elements of Count I and Ill, 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 6Ih day of  October 2008: 
Adam D. Horowitz, Esq. 
Jeffrey Marc Herman, Esq. 
Stuart S. Mermelstein, Esq. 
18205 Biscayne Boulevard 
Suite 2218 
Miami. FL 33160 
ounse or Plaintiff Jane Doe #3 
Jack Alan Goldberger 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
West Palm Beach, FL 33401-5012 
ounsel for Defendant Jeffrey Epstein 
Michael R. Tein, Esq. 
Lewis Tein, P.L. 
3059 Grand Avenue, Suite 340 
Coconut Grove, FL 33133 
i-ax: 
Counse or een ant Jeffrey Epstein 
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Case No. CV-80232-Marra-Johnson 
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Respectfully submitte 
By: 
ROBERT D. CR TON, JR., ESQ. 
Florida Bar No. 224162 
MICHAEL J. PIKE, ESQ. 
Florida Bar #617296 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
ach, FL 33401 
Phone 
Fax 
(Co-Counsel for Defendant Jeffrey Epstein) 
EFTA00175766

Case 9:08-cv-L32-KAM 
Document 37 
Enterect uil FLSD Docket 0rz2/2008 
Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80232-MARRA/JOHNSON 
JANE DOE NO. 3, 
Plaintiff, 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
AMENDED COMPLAINT 
Plaintiff, Jane Doe No.3 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey 
Epstein, as follows: 
Parties. Jurisdiction and Venue 
Jane Doe 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 her 
when she was a minor. 
3. 
Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 
4. 
This is an action for damages in excess of $50 million. 
5. 
This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 
U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; 
and (ii) is between citizens of different states. 
6. 
This Court has venue of this action pursuant to 28 U.S.C. §139I(a) as a substantial 
part of the events or omissions giving rise to the claim occurred in this District. 
HERMAN & MERMELSTEIN, P. A. 
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EFTA00175767

Case 9:08-cv-8..._32-MM 
Document 37 
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Page 2 of 8 
Factual Allegations 
7. 
At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 
years old. Epstein is a financier and money manager with a secret clientele limited exclusively to 
billionaires. Ile is himself a man of tremendous wealth, power and influence. Ile 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. 
8. 
Upon information and belief, Epstein has a sexual preference and obsession for 
underage minor girls. lie engaged in a plan and scheme in which he gained access to primarily 
economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave 
them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein's trap and 
became one of his victims. 
9. 
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. 
10. 
An integral player in Epstein's Florida scheme was 
a Palm Beach 
Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a 
wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's 
plan, Ms. 
would be contacted when Epstein was planning to be at his Palm Beach residence 
or soon after he had arrived there. Epstein or someone on his behalf directed Ms 
to bring 
one or more underage girls to the residence. Ms 
upon information and belief, generally 
sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who 
would be enticed by the money being offered - generally $200 to $300 per "massage" session - and 
who were perceived as less likely to complain to authorities or have credibility if allegations of 
improper conduct were made. This was an important element of Epstein's plan. 
HERMAN & MERMELSTEIN, P. A. 
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II. 
Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at 
Epstein's mansion, the victim would be brought to the kitchen. She would then be led up a flight of 
stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was 
alone in this room, Epstein would enter wearing only a towel to cover his private area. He then 
would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, 
including 
and touching the girl sexually. 
12. 
Consistent with the foregoing plan and scheme, Ms. 
recruited Jane Doe to 
give Epstein a massage for monetary compensation. Ms 
brought Jane to Epstein's mansion 
in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. She was 
alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on 
the massage table, and sexually assaulted Jane Doe during the massage. In addition, Jeffrey Epstein 
masturbated during the massage. 
13. 
After Epstein had completed the assault, he left the room. Jane was then able to leave 
the room and go back down the stairs. She then met Ms. 
again who brought Jane home. 
Jane was paid $200 by Epstein. Ms. 
was also paid by Epstein for bringing Jane to him. 
14. 
As a result of this encounter with Epstein, the 16-year old Jane experienced trauma, 
shock, confusion, shame, humiliation and embarrassment. 
COUNT I 
Sexual Assault and Battery 
15. 
Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 
16. 
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. 
17. 
Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane 
HERMAN a, MERMELSTEIN, P. A. 
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Page 4 of 8 
Doe, creating a reasonable fear of imminent peril. 
18. 
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. 
19. 
Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts 
were intentional, unlawful, offensive and harmful. 
20. 
Epstein's plan and scheme in which he committed such acts upon Jane Doc were 
done willfully and maliciously. 
21. 
As a direct and proximate result of Epstein's assault on Jane, she has suffered and 
will continue to suffer severe and permanent traumatic injuries, including mental, psychological and 
emotional damages. 
WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey 
Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this 
Court deems just and proper. 
COUNT II 
Intentional Infliction of Emotional Distress 
22. 
Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 
23. 
Epstein's conduct was intentional or reckless. 
24. 
Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds 
of decency. 
25. 
Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted 
in mental or sexual injury to Jane Doe, that caused or were likely to cause Jane Doe's mental or 
emotional health to be significantly impaired. 
26. 
Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had 
HERMAN & MERMELSTEIN, P. A. 
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FLSD Docket 09,_ .,2008 
Page 5 of 8 
reason to know that his intentional and outrageous conduct would cause emotional distress and 
damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing 
severe emotional distress to Jane Doc. 
27. 
As a direct and proximate result of Epstein's intentional or reckless conduct, Jane 
Doe, has suffered and will continue to suffer severe mental anguish and pain. 
WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey 
Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this 
Court deems just and proper. 
COUNT HI 
Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422 
28. 
Plaintiff Jane Doe repeats and realleges paragraphs I through 14 above. 
29. 
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. 
30. 
Epstein's acts and conduct are in violation of 18 U.S.C. §2422. 
31. 
As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal 
injury, including mental, psychological and emotional damages. 
32. 
Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a 
reasonable attorneys' fee. 
WHEREFORE, Plaintiff Jane Doe No. 3 demands judgment against Defendant Jeffrey 
Epstein for all damages available under 28 U.S.C. §2255(a), including without limitation, actual 
and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as 
this Court deems just and proper. 
HERMAN & MERMELSTEIN, P. A. 
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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 & MERMEISTEIN, P. A. 
- 6 - 
HERMAN & MERMELSTEIN, P.A. 
Attorneys for Plaintiff 
18205 Biscayne Blvd., Suite 2218 
Miami, Florida 33160 
Tel: 
Fax: 
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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 CM/ECF. 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 & MERMELSTEIN, P. A. 
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Case 9:08-cv- __32-KAM 
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SERVICE LIST 
DOE vs. JEFFREY EPSTEIN 
CASE NO.: 08-CV-80380-MARRA/JOHNSON 
United States District Court, Southern District of Florida 
J Jack Alan Goldber er Esq. 
Michael R. Tein Esq
Robert D. Critton
Michael Pike Es . 
/s/ Jeffrey M. Herman 
HERMAN S. MERMELSTEIN. P. A. 
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EFTA00175774