EFTA00222670

Case 9:08-cv-80119-KAM 
Document 46 
Entered on FLSD Docket 10/06/2008 
Page 7 of 10 
Case No. CV-80119-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 conclusory allegations simply attempting to track parts of the statutory language 
EFTA00222750

Case 9:08-cv-80119-KAM 
Document 46 
Entered on FLSD Docket 10/06/2008 
Page 8 of 10 
Case No. CV-80119-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 III 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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Case 9:08-cv-80119-KAM 
Document 46 
Entered on FLSD Docket 10/06/2008 
Page 9 of 10 
Case No. CV-80119-Marra-Johnson 
Page No. 9 
Conclusion 
As discussed above herein, under the pleading standard established in Twombly,
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). Plaintiffs 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 6th day of October, 2008: 
Adam D. Horowitz, Esq. 
Jeffrey Marc Herman, Esq. 
Stuart S. Mermelstein, Esq. 
18205 Biscayne Boulevard 
Suite 2218 
Miami, FL 33160 
305-931-2200 
Fax: 305-931-0877 
a horowitz hermanlaw.com 
jhermanehermanlaw.com 
Irivera(a.hermanlaw.com 
Counsel for Plaintiff Jane Doe #2 
Jack Alan Goldberger 
Atterbury Goldberger & Weiss, P.A. 
250 Australian Avenue South 
Suite 1400 
West Palm Beach, FL 33401-5012 
561-659-8300 
Fax: 561-835-8691 
jaqesq(abellsouth.net 
Counsel for Defendant Jeffrey Epstein 
Michael R. Tein, Esq. 
Lewis Tein, P.L. 
3059 Grand Avenue, Suite 340 
Coconut Grove, FL 33133 
305-442-1101 
Fax: 305 442 6744 
Counsel for Defendant Jeffrey Epstein 
teinAlewistein.com 
EFTA00222752

Case 9:08-cv-80119-KAM 
Document 46 
Entered on FLSD Docket 10/06/2008 
Page 10 of 10 
Case No. CV-80119-Marra-Johnson 
Page No. 10 
Respectfully submi 
By: 
ROBERT D. RITTON, JR., ESQ. 
Florida Bar o. 224162 
rcritebc1claw.com 
MICHAEL J. PIKE, ESQ. 
Florida Bar #617296 
mpike(a.bcIclaw.com 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 N. Flagler Drive, Suite 400 
West Palm Beach, FL 33401 
561/842-2820 Phone 
561/515-3148 Fax 
(Co-Counsel for Defendant Jeffrey Epstein) 
EFTA00222753