Case 9:08-cv-80381-KAM Document 58 Entered on FLSD Docket 02/12/2009 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-8038I-CIV-MARRA Jane Doe No. 5, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. OPINION AND ORDER ON MOTION TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT THIS CAUSE is before the Court upon Defendant Jeffrey Epstein ("Defendant")'s Motion to Dismiss and Motion for More Definite Statement, Directed to Plaintiff's Amended Complaint (DE 52), filed October 6, 2008. Plaintiff Jane Doe No. 5 ("Plaintiff") filed a response to the motion (DE 55) and Defendant filed a Reply (DE 56). The Court has carefully reviewed the motion, response, and reply, and is otherwise fully advised in the premises. Background On April 14, 2008, Plaintiff filed her Complaint against Defendant (DE 1), which was replaced on September 22, 2008 by an Amended Complaint (DE 47). Plaintiff brings suit alleging Count I - Sexual Assault and Battery; Count II - Intentional Infliction of Emotional Distress; and Count III - Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. § 2422. The facts, as alleged in the Amended Complaint, are as follows: At all relevant times, Defendant was an adult male. Am. Compl. 1 7. Defendant engaged in a plan and scheme in 1 EFTA02741750