Case 9:08-cv-80804-KAM Document 22 Entered on FLSD Docket 09/15/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80804-CIV-MARRA/ JANE DOE, a/k/a, JANE DOE NO. 1, Plaintiff, vs. JEFFREY EPSa and a Defendants. / PLAINTIFF'S REPLY TO OPPOSITION TO REMAND Plaintiff Jane Doe, a Florida citizen, properly sued citizen, in this action. Contrary to Defendants' contention, Defendant also a Florida was not fraudulently joined because, when viewing the factual allegations in the light most favorable to Plaintiff and resolving issues of Florida substantive law in favor of Plaintiff, it is clear that Plaintiff has cognizable causes of action against Defendant for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Accordingly, the Court should remand this action to Florida state court. A. Plaintiff is a Florida citizen Plaintiff alleged in her complaint and testified in deposition that she is a Florida resident. (Amended Complaint 1 1, DE 1, pp. 301; Deposition of Jane Doe, DE 1, pp. 31-32, 5:14-18, 6:6-10). In their notice of removal, Defendants cite a newspaper article (from the same newspaper that Defendants chide Plaintiff for citing with regard to Defendant describing herself as the Hollywood madam Heidi Fleiss) in which it EFTA02750282