EFTA00227381

United States District Court Eastern District of Pennsylvania - Docket Report 
Page 4 of 6 
FOR TRIAL BY 9/23/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER 
ON 5/22/03. 5/22/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 
05/22/2003) 
05/29/2003 
15 MOTION TO DISMISS COUNTERCLAIM FOR FAILURE TO STATE A 
CLAIM UPON WHICH RELIEF CAN BE GRANTED, MEMORANDUM, 
CERTIFICATE OF SERVICE FILED BY NELSON SHANKS.(ph, ) Modified 
on 5/29/2003 (ph, ). Additional attachment(s) added on 6/16/2003 (vw, ). 
Additional attachment(s) added on 6/16/2003 (vw, ). Additional attachment(s) 
added on 6/16/2003 (vw, ). Additional attachment(s) added on 6/16/2003 (vw, ). 
(Entered: 05/29/2003) 
06/19/2003 
16 STIPULATION AND ORDER THAT THE TIME IN WHICH THE 
DEFENDANTS MUST SUBMIT A REPLY TO PLAINTIFFS MOTION TO 
DISMISS COUNT II OF DEFENDANTS' COUNTERCLAIM, IS EXTENDED 
UNTIL AND INCLUDING 6/30/03 . SIGNED BY JUDGE CLARENCE C. 
NEWCOMER ON 6/19/03. 6/19/03 ENTERED AND COPIES MAILED (ph, ) 
(Entered: 06/19/2003) 
07/08/2003 
17 STIPULATION AND ORDER THAT DEFENDANTS MUST SUBMIT A 
REPLY TO PLAINTIFF'S MOTION TO DISMISS COUNT II OF 
DEFENDANTS' COUNTERCLAIM BY 7/14/03 ETC . SIGNED BY JUDGE 
CLARENCE C. NEWCOMER ON 7/8/03. 7/9/03 ENTERED AND COPIES 
MAILED AND FAXED 7/8/03(ph, ) Additional attachment(s) added on 
7/9/2003 (1db, ). (Entered: 07/09/2003) 
07/14/2003 
18 Reply to plaintiff's motion to dismiss pursuant to FRCP 12(b)(6), Certificate of 
service filed by ABIGAIL WEXNER, LESLIE WEXNER. (ph, ) Additional 
attachment(s) added on 7/17/2003 (ph, ). (Entered: 07/15/2003) 
07/18/2003 
19 Response to defendants' reply to motion to dismiss counterclaim for failure to 
state a claim upon which relief can be granted, Certificate of service filed by 
NELSON SHANKS. (ph, ) (Entered: 07/21/2003) 
08/13/2003 
20 MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST JEFFREY 
EPSTEIN WITH RESPECT TO COUNT I OF THE COMPLAINT (BREACH 
OF CONTRACT), CERTIFICATE OF SERVICE FILED BY NELSON 
SHANKS..(ph, ) (Entered: 08/13/2003) 
08/21/2003 
21 ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO 
DISMISS AND DEFENDANTS' RESPONSE, IT IS ORDERED THAT SAID 
MOTION IS DENIED ETC.. SIGNED BY JUDGE JAMES R. MELINSON 
ON 8/21/03.8/22/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 
08/22/2003) 
08/26/2003 
22 PLAINTIFF'S MOTION TO COMPEL FILED BY NELSON 
SHANKS,CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(ar, ) 
(Entered: 08/26/2003) 
08/26/2003 
23 ANSWER AND AFFIRMATIVE DEFENSES OF PLAINTIFF TO 
COUNTERCLAIMS OF DEFENDANTS LESLIE AND ABIGAIL WEXNER 
BY NELSON SHANKS, CERTIFICATE OF SERVICE.(ar, ) (Entered: 
08/26/2003) 
08/26/2003 
24 Supplement to Plaintiffs Motion for Judgment on the Pleadings Against 
Defendant Jeffrey Epstein with Respect to Count I of Plaintiffs Complaint 
https://ecfpaed.uscourts.gov/cgi-bin/DGRIii.V1189b°~2`61WERA3_0-1 
PaPPP2067 
EFTA00228081

United States District Court Eastern District of Pennsylvania - Docket Report 
Page 5 of 6 
(Breach of Contract) filed by NELSON SHANKS, Certificate of Service. (ar, ) 
(Entered: 08/26/2003) 
08/27/2003 
25 Memorandum in opposition to plaintiffs motion for judgment on the pleadings 
as to count one - breach of contract, Certificate of service filed by JEFFREY E. 
EPSTEIN. (ph, ) Additional attachment(s) added on 9/4/2003 (ph, ). (Entered: 
08/28/2003) 
08/28/2003 
26 Reply to EPSTEIN'S memorandum in opposition to plaintiffs motion for 
judgment on the pleadings, Certificate of service by NELSON SHANKS. (ph, ) 
(Entered: 08/29/2003) 
08/28/2003 
27 MOTION TO STRIKE DEFENDANTS MEMORANDUM IN OPPOSITION 
FOR VIOLATION OF COURT ORDER, CERTIFICATE OF SERVICE filed 
by NELSON SHANKS. (SEE #26).(ph, ) (Entered: 08/29/2003) 
09/04/2003 
28 ORDER DENYING PLAINTIFF'S MOTION FOR JUDGMENT ON THE 
PLEADINGS WITH RESPECT TO COUNT I, THE COURT FINDS THAT 
THERE ARE FACTUAL ISSUES IN THIS CASE AS TO WHETHER A 
CONTRACT WAS FORMED BETWEEN THE PARTIES AND THE TERMS 
OF ANY SUCH CONTRACT. . SIGNED BY JUDGE CLARENCE C. 
NEWCOMER ON 9/4/03.9/4/03 ENTERED AND COPIES MAILED AND 
FAXED. (ph, ) (Entered: 09/04/2003) 
09/05/2003 
29 RESPONSE to plaintiff NELSON SHANKS' motion to compel, Certificate of 
service filed by JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL 
WEXNER, LESLIE WEXNER. (ph, ) (Entered: 09/08/2003) 
09/05/2003 
30 MOTION FOR PROTECTIVE ORDER TO QUASH NOTICE OF 
DEPOSITIONS, MEMORANDUM, CERTIFICATION OF COUNSEL, 
CERTIFICATE OF SERVICE filed by JEFFREY E. EPSTEIN, GHISLAINE 
MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER..(ph, ) Additional 
attachment(s) added on 10/1/2003 (ph, ). Additional attachment(s) added on 
10/10/2003 (ph, ). (Entered: 09/08/2003) 
09/09/2003 
31 ORDER MOOTING PLAINTIFFS' MOTION TO COMPEL THE 
PRODUCTION OF DOCUMENTS AND RESPONSES TO 
INTERROGATORIES ETC. . SIGNED BY JUDGE CLARENCE C. 
NEWCOMER ON 9/9/03.9/10/03 ENTERED AND COPIES MAILED AND 
FAXED 9/9/03(ph, ) (Entered: 09/10/2003) 
09/10/2003 
32 Reply to defendants' motion for a protective order to quash notice of depositions 
and supplemental memorandum of law in connection with plaintiffs motion to 
compel discovery responses, Certification of counsel, Certificate of service filed 
by NELSON SHANKS. (ph, ) Additional attachment(s) added on 9/18/2003 
(fh, ). (Entered: 09/11/2003) 
09/18/2003 
33 ORDER DENYING AS MOOT DEFENDANT'S MOTION TO QUASH 
NOTICE OF DEPOSITIONS, UPON REPRESENTATION THAT THE 
PARTIES HAVE AGREED UPON THE LOCATIONS OF THE NOTICED 
DEPOSITIONS ETC.. SIGNED BY JUDGE CLARENCE C. NEWCOMER 
ON 9/18/03.9/18/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 
09/18/2003) 
09/23/2003 
34 ORDER THAT THE COURTS PRETRIAL SCHEDULING ORDER IS 
AMENDED AS FOLLOWS: DISCOVERY BY 10/10/03,
https://ecfpacd.uscourts.gov/cgi-bin/Dalit.Y118971915662151WE343_0-1 
P4-10i 
EFTA00228082

United States District Court Eastern District of Pennsylvania - Docket Report 
Page 6 of 6 
SETTLEMENT/FINAL PRETRIAL CONFERENCE ON 10/20/03 AT 11:15; 
PRETRIAL MEMORANDA AND JOINT PROPOSED JURY 
INSTRUCTIONS 10/15/03; COUNSEL SHALL BE PREPARED FOR TRIAL 
ON 10/20/03 . SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 
9/23/03. 9/24/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 
09/24/2003) 
09/23/2003 
SETTLEMENT CONFERENCE SET FOR 10/20/2003 11:15 AM BEFORE 
HONORABLE CLARENCE C. NEWCOMER. (ph, ) (Entered: 09/24/2003) 
10/21/2003 
35 STIPULATION AND ORDER THAT THE COURT DISMISS THE 
CAPTIONED MATTER, INCLUDING ALL CLAIMS AND 
COUNTERCLAIMS, WITH PREJUDICE. . SIGNED BY JUDGE CLARENCE 
C. NEWCOMER ON 10/21/03. 10/21/03 ENTERED AND COPIES MAILED 
AND FAXED.(ph, ) (Entered: 10/21/2003) 
10/24/2003 
36 STIPULATION AND ORDER THAT PURSUANT TO FRCP 41(a)(1)(ii) AND 
THE SETTLEMENT AGREEMENT, THAT THE PARTIES REQUEST THE 
COURT DISMISS THE CAPTIONED MATTER, INCLUDING ALL CLAIMS 
AND COUNTERCLAIMS, WITH PREJUDICE. . SIGNED BY JUDGE 
CLARENCE C. NEWCOMER ON 10/24/03. 10/24/03 ENTERED AND 
COPIES MAILED AND FAXED BY CHAMBERS(ph, ) (Entered: 10/24/2003) 
PACER Service Center 
Transaction Receipt 
04/27/2007 12:18:55 
PACER Login: du4480 
Client Code: 
Description: 
Docket Report Search Criteria: 2:02-cv-07671-CN 
Billable Pages: 4 
Cost: 
0.32 
https://ecf.paed.uscourts.gov/cgi-bin/Dicitti.VMH9.7662161WERA3_0-1 
P4-#918d7 
EFTA00228083

IN TEE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF PENNSYLVANIA 
NELSON SHANKS 
i. 
LESLIE and ABIGAIL WEXNER, h/w 
Case No. ();" -N
rii 
and 
JEFFREY E. EPSTEIN, individually 
and d/b/a J. EPSTEIN AND 
COMPANY, INC. 
The Villard House 
457 Madison Avenue, 4,  Floor 
New York, NY 10022 
and 
GHISLAINE MAXWELL 
The Villard House 
457 Madison Avenue, 
New York, NY 10022 
4a Floor 
.
 
•
 
7 
3a*: 
COMPLAINT
I. EIRTIRA 
1. 
Plaintiffh.gelsOn Shankqe(aShinks")., la a citizen of 
the Commonwealth of Pennsylvania,'dnd at all relevant timms, 
resided at 1163 State Road, Andalusia, Bucks County, Pennsylvania 
19020. 
2. 
Defendants, Leslie and Abigail Wexner (the LWexnerse), 
are husband and wife. At all relevant times, the Wexner. were 
citizens of the State of Ohio and resided at One Whitsibarn Road, 
New Albany, Ohio 43054. 
3. 
Defendant, Jeffrey B. irstein, is a resident and 
citizen of the State of New York. Jeffrey E. Epstein, was at all 
arti ispieze 4 fitel 
ttotlittli 
Case No. 08-80736-CV-MARRA 
4mq 
ORMli UW040)0704 
EFTA00228084

relevant times, a principal and an offiper.of Defendant, J. 
Epstein and Company, :Inc, (collectively `Epstein"), which, at all 
relevant times, had its. principal piece of business at The 
villard House, 457 MadisOn Avenue, .New York, New. York 10022. 
4. 
Defendant, J. Epstein and Company, Inc. was, at all 
relevant times, a corporation orgamizedr and existing under the 
laws of the State of New York, withrits principal place of 
business at The Villard House, 45744adison Avenue, New York, New 
York 10022. 
5. 
Defendant, Ohislaine Maxwell ("Maxwell"), is, upon 
information and belief, a resident.snd citizen of the State of 
New York, and at all relevant times hereto, has acted as the 
actual, apparent and/or ostensible,agent_for Epstein and/or the 
Wexner', and, at all relevant times, conducted business from 457 
Madison Avenue, New York, New York:3.0022.. . 
, , • 
II. 4211=21213pThlitgi 
6. 
Subject matter jurisdiction is conferred upon this 
Court pursuant to provisions of 28.U.S.C. $1332 in that there is 
diversity of citizenship between Plaintiff and Defendants, and 
the amount in controversy exceeds.tts sum of Seventy-five 
Thousand Dollars (875,000.00), exclusive of interest oral costs. 
7. 
Venue is proper in the Eastern District of Polinsylvania 
pursuant to 28 U.S.C. 51391(a) because a substantial part of the 
events giving rise to this claim occurred in the Eastern District 
of Pennsylvania. 
Ili. pAcTs 
8. 
In early 2000, Shanks was contacted by Maxwell, who 
represented to Shanks that she was acting on behalf of Epstein 
and/or the Wexners, to inquire whether Shanks would ccnsider 
accepting a commissionto paint: a lfamily portrait of koigail 
Wexner and her four children. 
7 f.
9. 
During subsequent conversations between Shanks and 
Maxwell, Maxwell informed Shanks that the Wexner" had 
specifically requested that Shanks be commissioned to paint a 
family portrait because of Shanks' reputation, talent, painting 
style, acclaim, notoriety and status as a world renowned artist. 
$19-I 
ISO/1Z° d 
219-1 
ZIOBIAUJZ 
Case No. 08-80736-CV-MARRA 
ae,j 
WU q I Zoisteb705 
EFTA00228085

• 
10. Shanks has received critial aColAim for his paintings 
and portraits which include subjects such as Margaret Thatcher, 
Luciano Pavarotti, Princess Diana, Ronald Reagan, and Bill 
Clinton, to name only a few. 
11. Conversations between Shanks and Maxwell.culminated in 
a personal meeting between Shanks andAbigail Wexner in New York 
City on or about March 15, 2000. 
12: The visit between Shanks and Abigail Wexner in Now York 
City was arranged by Abigail Wexner's personal assistant, Karl W. 
Koon. 
: 
. 
13. Following 'the March 15, '2002 visit between Shanks and 
Abigail wexner, Shanks was invited to the Wexner Estate in New 
Albany, Ohio for purposes' relatingreto the proposed portrait. 
14. Shanks traveled to ,the Wexner Estate on or about April 
26, 2000, at the expense of the Wexners.. The arrangements were 
made by Abigail Wexner's personal aibistant, Karl W. Kocn. A 
true and correct copy of letters bobjeen"Shanks and Abigail 
Wexner, together with Shanks' itinekiryers'attached .hereto at 
Exhibit "A". 
14
e 
.:•• 
15. During Shanksi'visit to'tbi Wexner Estate, Shanks spent 
two days photographiugtner, her four children, and various 
settings. The resulting photographs would, pursuant to Abigail 
Wexner's express direction and consent, form the basis of the 
planned portrait. 
• , 
16. Shanks spent approximately two days at the Wexner 
Estate during which time he was given limited access to Abigail 
Wexner andher children. Notwithstanding such limited access, 
Shanks was able to take approximately 300 still photographs of 
Abigail Wexner and her children and observed, to the extent 
allowed, the children in their home environment, interacting with 
each other and their mother. A representative sample of 
photographs taken by Shanks during his ;Oft to the Wexner Estate 
is attached hereto as Exhibit 
•
• 
17. Following the April 26,,,'2400 visit to the Wexner 
Estate, Shanks confirmed in writing to Abigail Wexner in a letter 
dated May 3, 2000, that he was pleated*ith the photographs he 
took during the visit, and that he,wie.contemplating the use of a 
large 6' x 6' format for the painp40.- A true and correct copy 
of the May 3, 2000' letter from Shanks to Abigail Wexner is 
attached hereto as Exhibit "C". 
IZIZO•d 
ZWIlifla 
40A eeSll 1161-41-41 
Case No. 08-80736-CV-MARRA 
P-000706 
EFTA00228086

sr,
:44'1(
• 
18. By fax dated May 4, 2000k;Abigail.Wexner, through her 
assistant, Amy Robertsi.provided Shanks, at his request, with the 
measurements of her four children and herself, which measurements 
provided Shanks with additional information about Abigail Wexner 
and her children.for puxpeses of composieg the painting. See 
Exhibit "D". 
. • 
• 
19. At no time did the Wexners, Maxwell or Epstein request 
to have any involvement in the creative process such as selection 
of photographs upon which the painting would be based, or 
composition of the painting. 
• 
de 
20. By letter dated May 16e -2OOO, maxwell, attire as the 
actual, apparent -or ostensible agent of Epstein and/or Wexner, 
confirmed that the cost of the painting would be 6325,OOO.OO. A 
true and correct copy of the May 16, 2002 letter from Maxwell to 
Shanks is attached hereto as Exhibit ,Et: 
• 
. 
to 
21. Thereafteri.in reliance. On the conduct,- actions, words, 
promises, contracts, and contractual representations ol Maxwell. 
Epstein and the Wexners,,Shanks commenced work on the portrait. 
During the following months, Shanki expended' 
hundreds of hours on 
the Wexner family portrait:. 
" 4/' 
• 
• 
• 
22. On or about October 23iL2000, while the -painting was in 
progress, Shanks communicated tilMaxwell-that'he proposed using 
an antique mid-18th century picturb frime for. the painting, which 
was later agreed upon for the price of $14,000.00. A true and 
correct copy of the October 23, 2202 letter from Shanks to 
Maxwell is attached hereto as Exhibit'"F". 
23. On many occasions while the painting was in progress, 
Shanks invited the Nexners and/or Maxwell to visit Shanks' studio 
to see the progression of the portrait and provide comments 
relative to same. The Wexner. and Maxwell declined ail such 
invitations. 
24. During late April 2001:'othitipiiinting was completed 
after which the Nexners'dispatcAdd.their own courier 
pick up 
the painting at Shanks' studio in,(Andalusia, Bucks Ca.mty, 
Pennsylvania. A true and correct'kepresentation of the painting 
is attached hereto as Exhibit "Os 
25. In early Nay'2001, antis the painting was delivered to 
the Wexner., Shanki received communications from the assistants 
and/or agents of the Wexners that the Nexnere had made certain 
subjective comments about the painting, in particular, comments 
regarding their apparent- dissatiefuction with the pores of the 
-k,
111-i 
ISIVIZO'd 
il9-1 
DON= 
Case No. 08-80736-CV-MARRA 
-+0,i 
OdIS:21 
Z0021010110 70 7 
EFTA00228087

children, their relative ages and sizes as portrayed, and 
expressions of the subjects, including,Abigail Wexner herself. 
26. Shanks attempted to assuage the. Wexner's concerns, by 
explaining certain elements of the creative process that an 
artist, such as Shanks, employs in rendering a:portrait such as 
that which was commissioned and tendered upon completica. 
27. On May 9, 2OO1, Shanks invoiced the Wexners for the 
painting in the agreed upon amount of $325,000.00, $14,000.00 for 
the antique frame and $900.00 forIthe crate and packing. A true 
and correct copy of the.invoice;daped MO% 9, 2001 is attached 
hereto as Exhibit "IP. 
• 
28. At all times the Wexnerevand/or Epstein have refused to 
pay the afore-referenqed invoicetituagrsed.. 
29. Implicit in the contract.,and4Orcouxse of conduct and 
communication betweettShanks and .Elie Wingers and/or Epstein was 
Shanks' "creative license', to iete.rpret the subjects and portray 
them in an artistic fashion. 
, 
• 
3O. At no time did Shanks contract, explicitly o:: 
implicitly, to portray -the subjects wi,th photo realism' as one 
would expect from a photographic rendering of the subjects. 
31. Shanks' unique and widely acclaimed style of painting 
is well represented in the portrait of Abigail Wexner 4nd her 
four children. 
COUNT X 
MAME; v. THE MINXES AND EPSTEIN 
BREACH OF CONTRACT 
32. Plaintiff incorporates by reference Paragraphs 1 
through 31 as though fully set forth herein and at length. 
33. Epstein, by and throughAis Act4al, apparent and/or 
ostensible agent, MaXwell, contraded with Shanks to create a 
painting of Abigail Mohler and her-four children in a manner 
consistent with the style, workmaAship.and quality customary of 
Shanks. 
34. In the alternative, the Wexner', by and through their 
actual, apparent and/or .ostensibleagehts, Maxwell and Epstein, 
DI-I *sward 919-1 
imutZ1Z 
Case No. 08-80736-CV-MARRA 
Ami siWZI MorbaL 
-uutu08 
EFTA00228088

contracted with 9hanke.to.createia'paiiting of Abigail Wexner and 
her four children in a•.manner conedstent- with-the style, 
workmanship and quality customary of Shanks. 
35. By letter dated. May 16,;2000., Maxwell, acting as the 
actual, apparent and/or_ostensibloNigeat of Epstein and/or the 
Wexner°, confirmed.in writing the:agreement between Shenk. and 
Epstein and/or the Wexner., that in exchange for delivering a 
painting of Abigail.Werner and her•tour children, Epstein and/or 
the Wexners•would pay Shanks 0325,000,00. 
" 
36. In or about late April, 2001, Shanks tendered to the 
Wexners, at the behest of Epstein and/or Maxwell, the nubject 
painting, the tender of which was accepted by Epstein and/or the 
Wexners at Shanks' studio in Andalusia, Bucks County, 
Pennsylvania. 
37. The subsequent attempts:Sy Epstein and/or the Wexners 
to reject the painting were based%on purely subjective grounds. 
38. Subjective approval of the painting by the Wexner°, 
Maxwell, and/or Epstein was not a Condition precedent to payment 
by Epstein and/or thellexners to;lhankg pursuant to the agreement 
between them. 
39. The painting.was completed in a professional and 
artistic manner, consiatenterithlb4nkr..style, which was well 
known to Epstein, Maxwell and/or the Wexners. 
40. At all times relevant hereto, Epstein and/or the 
Wexner° have refused to pay the agreed upon amount of 
$325,000.00, plus $14,000.00 for the antique frame, together with 
$900.00 for crate and packing for a total amount of $339,900.00, 
as represented in the May 9, 2001 invoice. 
WHEREFORE, Plaintiff, Nelson Shanks demands judgment against 
Defendants Epstein and Maxwell, individually, jointly and/or 
severally, for the sum of $339,900,00,. plus interest at: the legal 
rate and exclusive of costs, and any other damages or relief that 
this Court may deem appropriate and just.
. 
01211.201 
plums v. makanithain 
pRouipsoxv wrong '
41. Plaintiff incorporates Jayk reference Paragraphs 1 
through 40 as though fully set fOrSh-herein and at length. 
019-d 
OSO/IZO'd 
519-1 
ZP0IHHIR 
N19:21 
Zoot-ei-oi 
Case No. 08-80736-CV-MARRA 
P-000709 
EFTA00228089

• 
42. The words,• conduct, deeds, attions and/or inactions of 
Maxwell, Epstein, and/or the Wexners,.individually, or in 
concert, or as principal and agent, induced Shanks to act to his 
detriment by expending hundreds of hours in- the course of 
creating the painting..for the benefit sof the Wexner, and/or 
Epstein.
43. Shanks justifiably relied on the words, deeds, conduct, 
actions, or inactions of Maxwell, Epstein and/or the *comers in 
expending hundreds of hours to complete the painting of the 
Wexner family. 
44. Specifically, Defendanta,gave Shanks free reign to 
compose the painting, to select phogographe upon which the 
painting would be based, and declined to give Shanks any 
direction whatever as to the ultimate Composition of the 
painting. 
45. By the words, conduct, deeds, actions or inactions of 
Defendants, or any of them, Shanks:redsonably believed that he 
was given creative license to produce the painting of the Wexner 
family consistent with- his own uni40eIettle of painting, and 
consistent with prior works which wer4.known to and viewed by the 
Defendants. 
46. Absent the specific words, conduct, deeds, actions or 
inactions of Defendants, or any of'ihem, Shanks would not have 
proceeded to expend hundreds of'hours to complete the painting of 
the Wexner family. 
47. As the result of the inducements of the Defendants, or 
any of them, upon which Shanks reasonably relied, manifest 
injustice would result if Shanks is not paid for the t:.me and 
materials he expended in completing the painting of the Wexner 
family, which time is valued in excess of $325,000.00. 
Thr 
Med MO/020'd 
50-1. 
ZM011ZZ11 
d 
odZS:21 
ZOOZ-01-0l 
Case No. 08-80736-CV-MARRA 
P-000710 
EFTA00228090

• 
V 
WHEREFORE, Plaintiff, Nelson Shanks demands judgment against 
Defendants Epstein and Maxwell, and the Wexners, 
jointly and/or severally, for a sum in excess of $325,000.00, 
exclusive of interest, costs, and -any other damages or relief 
that this Court may deem appropriate and just. 
Date: October 2, 2002 
en-i 'ward smq 
M. 
GRIFFIN & 
ING. P.C. 
eenth Floor 
: 
• 
t-341; wr%i. 
mad 
e. 
ZwILIEM 
-00. I 
IsZS:2 I ZOE-et-a i 
Case No. 08-80736-CV-MARRA 
P-000711 
EFTA00228091

VIDIVMAD-9£L08-80 '0N asuD 
Date 
Item 
Credit 
Debit 
Balance 
Payee/Payor 
4/11/2005 Dep 
$ 
6,000.00 
$ 
6,000.00 Warren Newell GB&T #10037737 
4/11/2005 Dep 
$ 25,444.13 
$ 31,444.13 JPJ Development & Design LLC 
4/11/2005 W/D 
$ 
500.00 $ 30,944.13 Cash Back 
4/13/2005 
1001 
$ 
27.00 $ 30,917.13 Sharon R Bock, Clerk & Comptroller 
4/19/2005 
1003 
$ 
300.00 $ 30,617.13 Julie Newell 
4/14/2005 
1004 
$ 
4,000.00 $ 26,617.13 W Newell/Julie Newell 
4/15/2005 
1005 
$ 
197.24 $ 26,419.89 Mazada 
4/20/2005 
1006 
$ 
300.00 $ 26,119.89 Nancy Domeyer, MSW 
4/15/2005 
1008 
$ 
30.41 $ 26,089.48 City of Lake Worth 
4/14/2005 
1010 
$ 
500.00 $ 25,589.48 MBNA 
4/15/2005 
1011 
$ 
381.60 $ 25,207.88 Boat US 
4/15/2005 
1012 
$ 
15.78 $ 25,192.10 Adelphia 
4/18/2005 
1007 
$ 
500.00 $ 24,692.10 American Express Check Pymt 
4/22/2005 
1002 
$ 
500.00 $ 24,192.10 Citicard Payment Check Pymt 
4/27/2005 Auto Deb 
$ 
9.95 $ 24,182.15 Harland Checks Chk Order 
4/29/2005 
1003 
$ 
239.98 $ 23,942.17 FPL Payment Ctr Bill Pymt 
4/29/2005 Interest 
$ 
2.75 
$ 23,944.92 Interest 
5/9/2005 Dep 
$ 15,000.00 
$ 38,944.92 SFRN, Inc 
5/9/2005 W/D 
$ 
2,000.00 $ 36,944.92 Cash Back 
5/26/2005 Dep 
$ 
2,854.33 
$ 39,799.25 PBC-BCC 
5/26/2005 W/D 
$ 
600.00 $ 39,199.25 Cash Back 
5/31/2005 Interest 
$ 
1.95 
$ 39,201.20 Interest 
4/26/2005 
1001 
$ 
873.00 $ 38,328.20 MBNA 
4/26/2005 
1002 
$ 
197.24 $ 38,130.96 Mazda 
4/26/2005 
1004 
$ 
974.16 $ 37,156.80 Chase 
4/26/2005 
1005 
$ 
962.50 $ 36,194.30 Jonathan Root 
4/28/2005 
1007 
$ 10,000.00 $ 26,194.30 Linda Jaffe Esq 
4/28/2005 
1008 
$ 
3,500.00 $ 22,694.30 Glickman, Witter Marell PA 
5/4/2005 
1009 
$ 
5,000.00 $ 17,694.30 Sue Gent 
5/4/2005 
1010 
$ 
5,000.00 $ 12,694.30 Sue Gent 
EFTA00228092

Page 2 of 2 
maw, 
FEIN RECORD 
Information Currant Through: 
03-11-2007 
Database Last Updated: 
03-13-2007 
Update Frequency: 
QUARTERLY 
Source: 
Copyright 0 2007 by Dun & Bradstreet, Inc. 
Currant Date: 
04/24/2007 
BUSINESS INFORMATION 
Company Names 
J EPSTEIN FOUNDATION 
Address: 
457 MADISON AVE 
NEW YORK, NY 10022 
WSIN NUmbera 
DAS Source': 
DAB Company Name: 
DUNS Number: 
SIC: 
Kxecutivo Name: 
DEPARTMENT OF TREASURY - TAX EXEMPT 
J EPSTEIN G CO INC 
62829903 INVESTMENT COUNSELORS 
EXECUTIVE INFORMATION 
JIMMY E MASTED; 
Title: 
PRESIDENT 
ENU UV 
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
https://w eb2.west law.com/pri nt/pri 
fieitYlAk&-4t nat i on =atp &sv=S p I i t... 4/21O00i I 3 
EFTA00228093

Pagc 2 of 4 
Atglaw. 
0121385/1995 
Page 1 
TO ORDER COPIES OP ANY DOCUMENTS LISTED BELOW, CALL WESTIAW COURTEXPRESS 
1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). 
Dockets - NEW YORK 
SUPREME COURT 
Current Dates 
04/24/2007 
Source: 
SUPREME COURT, NEW YORK COUNTY, NEW YORK 
CAM smrcamanom 
Case Titles 
J. EPSTEIN G COMPANY 
457 MADISON AVENUE CORP. 
Court: 
SUPREME COURT, NEW YORK COUNTY 
Divisions 
SUPREME 
Case Nuaber: 
0121385/1995 
Case Types 
CIVIL 
Case Subtypes 
OTHER REAL PROPERTY 
Case Complexity: 
COMPLEX, COMPUTER ASSIGNED 
Date Filed: 
08/29/1995 
Justice: 
LOUISE GRUNER GANS 
Case Status: 
DISPOSED 
RJI Type: 
ORDER TO SHOW CAUSE 
RJI Entry: 
ORDER TO SHOW CAUSE PART 
RJI Filed Date: 
08/29/1995 
RJI Date: 
08/30/1995 
RJI Pre NOT Deadlines 
11/29/1996 
PARTICIPANT iNFONNATION 
2007 Thomson/Nest. No Claim to Orig. U.S. Govt. Works. 
ni tstrearn
eNo.a2W07t.01-MARRA 
https://web2.westlaw.com/printip 
!pm tiimusaestination=atp&sv-Split... 4/247988314 
EFTA00228094

Page 3 o 1 4 
0121385/1995 
Page 2 
Name: 
j. EPSTEIN E. COMPANY , INC. AND JEFFREY EPSTEIN.
Type: 
PLAINTIFF 
Name: 
457 MADISON AVENUE CORP. . 
Type: 
DEFENDANT 
ATTORNEY INFORMATION 
Firm/Attorney For: 
PLAINTIFF 
Firm Name: 
WACHTEL 6, MASYR L.L.P. 
Firm Address: 
110 EAST 59TH STREET - 27TH FL 
NEW YORK, NEW YORK 10022 
Firm Phone: 
CALENDAR INFORMATION 
Date/Tice: 
Description: 
Location: 
Judge: 
04/24/1997 
Event, 
Part: IAS PART 61 
LOUISE GRUNER GANS 
SUPREME-INI 
TIAL(FIRST TIME ON) 
Disposition: OTHER 
FINAL DISP. 
(PRE-NOTE) 
04/12/1996 
Event, MOTION 
Part, IAS MOTION 
JOAN B. LOBIS 
Disposition: 
SUBMITTED 
20 
09/15/1995 
Event, MOTION 
Part, IAS MOTION 
JOAN B. LOBIS 
Disposition: 
SUBMITTED 
20 
DOCKET PROCEEDINGS 
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
haps://web2.weettaw.com/print/priziaaii2agi
tination-miptsv-Split... 4/2111206q 15 
EFTA00228095

Page 4 of 4 
0121385/1995 
Date. 
04/12/1996 
09/15/1995 
Entry Is 
Descriptions 
Docket Entry. MOTION Document 
Descriptions C Justices JOAN B. 
LOBIS Dispositions MOTION DISPOSED 
AS INDICATED Decision Date: 
04/26/1996 Times 09:37:16 Docket 
Miscellaneous! DECISION DUE: 
06/11/1996; FULLY SUBMITTED: 
04/12/1996; ORDER DATE: 04/26/1996; 
DATE COUNTY CLERK NOTIFIED OF ORDER: 
04/30/1996; REFERRAL DATE: 
04/12/1996; REFERRAL PART NUMBER: IAS 
MOTION 20 Parts IAS MOTION 20 
Date 
Docketed, 
Order Document for Later Delivery 
Docket Entry. EX PARTE Document 
Descriptions C Justices JOAN B. 
[OBIS Dispositions MOTION DISPOSED 
AS INDICATED Decision Date: 
09/15/1995 Ttmes 09:38:43 Docket 
Miscellaneous, DECISION DUE: 
11/14/1995; FULLY SUBMITTED: 
09/15/1995; ORDER DATE: 09/15/1995; 
DATE COUNTY CLERK NOTIFIED OF ORDER: 
09/21/1995 
Parts IAS MOTION 20 
Order Document for Later Delivery 
TO ORDER COPIES OF ANY DOCUMENTS LISTED ABOVE, CALL WESTLAW COURTEXPRESS 
1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). 
END OF DOCUMENT 
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
Page 3 
Party: 
https/Aweblveestlavteont/prinVpatikrelt9447A6Iciital J.: nation=atp&sv=Split... 41* 
EFTA00228096

Page 2 of 4 
Vti?stlaw. 
121385/1995 
Page 1 
TO ORDER COPIES OF ANY DOCUMENTS LISTED BELOW, CALL WESTLAW COURTEXPRESS 
1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). 
Dockets - NEW YORK - COUNTY CLERK CIVIL INDEX 
Current Date: 
Source: 
04/24/2007 
COUNTY CLERK CIVIL INDEX, NEW YORK COUNTY, NEW YORK 
CASE INFORMATION 
Case Title: 
J EPSTEIN 4 COMPANY INC 1. 457 MADISON AVENUE CORP 
Court: 
COUNTY CLERK CIVIL INDEX, NEW YORK COUNTY 
Case Maher: 
121385/1995 
Description: 
PERSONAL INJURY: NO; PERSONAL DAMAGE: NO; EQUITABLE 
RELIEF: YES; PUBLIC ASSISTANCE: NO; MUNICIPALITY: NO 
Date Filed: 
08/29/1995 
Foe Informations 
Name: 
Type: 
Name: 
Type: 
INDEX PURCHASE FEE: YES; INDEX PURCHASE DATE: 
08/29/1995; RJI PURCHASE FEE: YES; RJI PURCHASE DATE: 
08/29/1995 
PARTICIPANT INFORMATION 
J EPSTEIN i COMPANY INC 
PLAINTIFF 
EPSTEIN JEFFREY 
PLAINTIFF 
Names 
457 MADISON AVENUE CORP 
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
7.00102 1 7 
haps://web2.westlaw.com/print/princiiiiaNda2M01-94Watination=atp&sv=Split... 4/2t Diu/ 
EFTA00228097

Page 3 of 4 
121385/1995 
TYPti: 
Firm Names 
Firm Address: 
DEFENDANT 
ATTOIUITY INIFORNATION 
WACHTEL i MASYR L.L.P., LAW FIRM 
110 EAST 59TH STREET - 27TH FL 
NEW YORK, NEW YORK 10022 
Firm Phone: 
Status: 
ATTORNEY FOR: PLAINTIFF 
DOCKET PROCEEDINGS 
Date: 
05/01/1996 
09/22/1995 
09/18/1995 
Entry S. 
Description: 
Docket Entry: ORDER IAS PART 20 
SE0002-DENIED Entry Last Updated: 
10/30/1999 
Date 
Docketed: 
Order Document for Later Delivery 
Docket Entry: ORDER IAS PART 20 
RESOLVED SEO.0 001 Document 
Description: PROOF OP SERVICE: NO 
Entry Last Updated: 09/25/1995 
Order Document for Later Delivery 
Docket Entry: ANSWER Entry Last 
Updated: 10/30/1999 
Order Document for Later Delivery 
• 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
Page 2 
Partys 
https://web2.westlaw.com/print/prictitireeN:agiSiathvagelliAtination=atp&sv=Split... 4/2PtPie8318 
EFTA00228098

Page 4 of 4 
121385/1995 
08/29/1995 
Docket Entry: SUMMONS AND 
COMPLAINT,MEMO OF LAW UNSIGNED ORDER 
TO SHOW CAUSE Document Description: 
PROOF OF SERVICE: NO Entry Last 
Updated: 08/31/1995 
Order Document for Later Delivery 
TO ORDER COPIES OF ANY DOCUMENTS LISTED ABOVE, CALL WESTLAW COURTEXPRESS 
1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). 
END OF DOCUMENT 
c 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 
Page 3 
https://web2.westlaw.com/print/prigtineatkaiirtkWntitelnetination=atp&sv=Split... 4/214742 tf. 119 
EFTA00228099

FOR PUBLICATION 
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
FINANCIAL TRUST COMPANY, INC. 
JEFFREY E. EPSTEIN, 
AND 
) 
) 
) 
Plaintiffs, 
v. 
) 
) 
) 
Civ. No. 2002-108 
) 
CITIBANK, N.A. AND CITIGROUP, 
d/b/a "CITIGROUP," 
INC. ) 
) 
) 
Defendants. 
) 
) 
ATTORNEYS: 
Maria Tankenson Hodge, Esq. 
Hodge & Francois 
St. Thomas, U.S.V.I., 
For the plaintiffs, 
Gregory H. Hodges, Esq. 
Dudley, Topper and Feuerzeig, LLP 
St. Thomas, U.S.V.I. 
For the defendants. 
MEMORANDUM OPINION 
Moore, J. 
Defendants have moved to dismiss the second amended 
complaint for failure to meet Federal Rule of Civil Procedure 
9(b)'s heightened pleading requirement for fraud and for failure 
to state a claim upon which relief can be granted pursuant to 
Federal Rule of Civil Procedure 12(b)(6). 
I. 
Factual and Procedural History 
In their second amended complaint, Jeffrey E. Epstein and 
Case No. 08-80736-CV-MARRA 
P-000720 
EFTA00228100