EFTA02745235

Extracted Text #

Case 9:08-cv-80119-KAM Document 207-2 Entered on FLSD Docket 07/20/2009 Page 1 of 4 
Case 9:08-cv-80811-KAM Document 113 Entered on FLSD Docket 06/05/2009 Page 1 of 4 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
GASP NO • 08-CV-80811-Civ-mawrmitinHNAnN
C.M.A., 
Plaintiff, 
vs, 
JEFFREY EPSTEIN and a 
Defendants. 
PLAINTIFF. C.M.A.'S. CONDITIONAL NOTICE OF INTENT TO EXCLUSIVELY RELY 
ON STATUTORY DAMAGES PROVIDED BY 18 U.S.C. 82255 
'Plaintiff, C.MA., by and through her undersigned counsel, hereby files her 
Conditional Notice of Intent to Exclusively Rely on Statutory Damages Provided by 18 
U.S.C. §2255, and in support thereof states as follows: 
1. This is an action to recover money damages against Defendant, 
JEFFREY EPSTEIN, for acts of sexual abuse and prostitution committed upon the then-
minor, C.M.A. 
2. Plaintiff has plead thirty separate counts against EPSTEIN for separate 
incidences of abuse committed by EPSTEIN against Plaintiff pursuant to 18 U.S.C. 
§2255. 18 U.S.C. §2255, entitled "Civil remedy for personal injuries", creates a private 
right of action for minor children who were the victim of certain enumerated sex 
offenses. 18 U.S.C. §2255 also creates a statutory floor for the amount of damages a 
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Case 9:08-cv-80119-KAM Document 207-2 Entered on FLSD Docket 07/20/2009 Page 2 of 4 
Case 9:08-cv-80811-KAM Document 113 Entered on FLSD Docket 06/05/2009 Page 2 of 4 
victim can recover for a violation of same. Plaintiff has also alleged a single count of 
Sexual Battery against EPSTEIN as well. 
3. There presently exists between the Plaintiff and EPSTEIN a disagreement 
as to whether the statutory damage floor established in 18 U.S.C. §2255 is recoverable 
for each commission of an enumerated sex offense listed in 18 U.S.C. §2255, or 
whether the statutory damage floor can only be enforced once, regardless of how many 
times a defendant perpetrates an enumerated sex offense against a minor victim. 
4. This disagreement between the parties is properly the subject of 
Defendant's Motion to Dismiss First Amended Complaint For Failure to State a Cause 
of Action, and Motion For More Definite Statement; Motion to Strike, and Supporting 
Memorandum of Law (D.E. 47) which is currently pending before this Court. 
5. In the event that the Court rules that the Plaintiff is entitled to recover the 
statutory damages created by 18 U.S.C. §2255 for each violation', Plaintiff will be 
pursuing only those statutory damages, and will not pursue damages available at 
common law. 
6. Should the Court rule however, that the statutory damage floor can only 
be applied once, Plaintiff will be pursuing any and all damages available to her, whether 
they be pursuant to statute or by common law. 
1 The parties also disagree about the amount the statutory damage floor should be for this case. 18 
U.S.C. §2255 was amended in 2005 to increase the floor from $50,000 to $150,000. The parties 
essentially disagree about which version of 18 U.S.C. §2255 should apply in this case. 
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Case 9:08-cv-80119-KAM Document 207-2 Entered on FLSD Docket 07/20/2009 Page 3 of 4 
Case 9:08-cv-80811-KAM Document 113 Entered on FLSD Docket 06/05/2009 Page 3 of 4 
Respectfully submitted, 
/z/lank P ■ 
JACK SCAROLA 
Florida 
P. 
169440 
JACK P. 
Florida Bar o.: 0547808 
Seamy Denney Scarola Bamhart & Shipley, P.A. 
2139 Palm Beach Lakes Boulevard 
West Palm Beach, Florida 33409 
Phone: ([Phone Redacted] 
Fax: ([Phone Redacted] 
Attorneys for Plaintiff, C.M.A. 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that on June 5th, 2009, I electronically filed the foregoing 
document with the Clerk of Court using CM/ECF. I also certify that the foregoing 
document is being served this day on all counsel of record identified on the attached 
counsel list via transmission of Notices of Electronic Filing generated by CM/ECF. 
/s/.lark P ■ 
JACK SCAROLA 
Florida Bill. 169440 
JACK P. 
Florida Bar o.: 0547808 
Searcy Denney Scarola Barnhart & Shipley, P.A. 
2139 Palm Beach Lakes Boulevard 
West Palm Beach, Florida 33409 
Phone: ([Phone Redacted] 
Fax: ([Phone Redacted] 
Attorneys for Plaintiff, C.M.A. 
EFTA02745237

Case 9:08-cv-80119-KAM Document 207-2 Entered on FLSD Docket 07/20/2009 Page 4 of 4 
Case 9:08-cv-80811-KAM Document 113 Entered on FLSD Docket 06/05/2009 Page 4 of 4 
COUNSEL LIST 
Jack A. Goldberger, Esquire 
Atterbury, Goldberger & Weiss, P.A. 
250 Australian Avenue S. 
West Palm Beach, FL 33401 
Phone: ([Phone Redacted] 
Bruce E. Reinhart, Esquire 
Bruce E. Reinhart, P.A. 
250 South Australian Avenue 
Suite 1400 
West Palm Beach, FL 33401 
Phone: ([Phone Redacted] 
Fax: ([Phone Redacted] 
Robert Critton, Esquire 
Burman Critton Luttier & Coleman LLP 
515 North Flagler Drive, Suite 400 
West Palm Beach, FL 33414 
Phone: ([Phone Redacted] 
Fax: ([Phone Redacted] 
Richard H. Willits, Esquire 
Richard H. Willits, P.A. 
2290 10th Avenue North 
Suite 404 
Lake Worth, FL 33461 
Phone: ([Phone Redacted] 
Fax: ([Phone Redacted] 
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