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Case 9:09-cv-80469-KAM Document 13 Entered on FLSD Docket 05/06/2009 Page 1 of 29
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 09-CIV- 80469 - MARRA/JOHNSON
JANE DOE II,
Plaintiff,
V.
JEFFREY EPSTEIN,
Defendant.
--------------'/
DEFENDANT EPSTEIN'S MOTION TO DISMISS PLAINTIFF'S
COMPLAINT, AND SUPPORTING MEMORANDUM OF LAW
Defendant, Jeffrey Epstein, (hereinafter "Epstein"), by and through his
undersigned attorneys, moves to dismiss Plaintiff's Complaint for failure to state a cause
of action, and for more definite statement. Rule 12(b)(6), (e), Fed.R.Civ.P. (2008);
Local Gen. Rule 7.1 (S.D. Fla. 2008). In support of dismissal, Defendant states:
At the outset, Defendant gives notice to the Court that issues pertaining to 18
U.S.C. §2255 in this motion to dismiss are also raised in the case of C.M.A. v. Jeffrey
Epstein, Case No. 08-CV-80811-MARRA/JOHNSON, in Defendant's Motion to Dismiss
directed to Plaintiff C.M.A.'s Amended Complaint, Plaintiff C.M.A.'s Response, and
Defendant's reply to C.M.A.'s response (which has yet to be filed).
In this action, Plaintiff's Complaint attempts to allege a cause of action pursuant
to 18 U.S.C. §2255 - Civil Remedies for Personal Injuries. Significantly, Plaintiff
previously a filed lawsuit on July 10, 2008, based on the same facts as alleged herein in
the Fifteenth Judicial Circuit In and For Palm Beach County, State of Florida, Case No.
Case 9:09-cv-80469-KAM Document 13 Entered on FLSD Docket 05/06/2009 Page 2 of 29
Jane Doe II v. Epstein, et al.
Page 2
50 2008CA020614 MBAF, Jane Doe II v. Jeffrey Epstein, and Sarah Kellen, (hereinafter
"state action"). In attempting to allege a claim under 18 U.S.C. §2255, Plaintiff
improperly
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