Case 9:09-cv-80469-KAM Document 62 Entered on FLSD Docket 10/21/2009 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-80469-CIV-MARRA JANE DOE II, Plaintiff, VS. JEFFREY EPSTEIN, and Defendants. DEFENDANT ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S FIRST AMENDED COMPLAINT I. Admit that Plaintiff has sued Defendant (hereinafter "Defendant") in this action. JURISDICTION AND VENUE Admit that the action seeks damages in excess of $75,000. Deny that any damages are owed. 3. Admit that the facts alleged in the complaint, if true, create venue in this Court. As to the remaining allegations in paragraph 3, Defendant asserts her Fifth Amendment privilege against self-incrimination. See DeLisi v. Bankers Ins. Company 436 So.2d 1099 (Fla. 4th DCA 1983); Malloy v. Hogan, 84 S.Ct. 1489, 1495 ( I 964)(the Fifth Amendment's SelfIncrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment - "Mt would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution, depending on whether the claim was asserted in state or federal court."); 5 Fed.Prac. & Proc. Civ. 3d §1280 Effect ofFailure to Deny— Privilege Against Self-Incrimination ("...court must treat the defendant's claim of EFTA02750724