Beyond The Horizon

The Epstein Survivors And Their Amended Complaint Against The USVI (Part 4) (7/17/24)

An amended complaint is a formal legal document that revises and updates the original complaint filed in a court case. It serves several key purposes and can be used in various situations to ensure that the legal proceedings are based on the most accurate and complete information available.Purposes of an Amended Complaint

Correcting Errors: If the original complaint contains typographical errors, inaccuracies, or other mistakes, an amended complaint can be filed to correct these issues. This ensures that the document is accurate and clear.
Adding New Information: As a case progresses, new facts or evidence might come to light. An amended complaint can include this new information to reflect the most current understanding of the situation.
Changing Legal Claims: Sometimes, the legal strategy may change, requiring adjustments to the claims or causes of action presented in the complaint. An amended complaint allows the plaintiff to modify their legal arguments.
Addressing Defenses: If the defendant raises specific defenses in their response to the original complaint, the plaintiff might need to amend the complaint to address these defenses or to clarify certain points.
Including Additional Parties: In some cases, new parties (either plaintiffs or defendants) may need to be added to the lawsuit. An amended complaint can be used to include these additional parties.

Procedure for Amending a ComplaintThe process for filing an amended complaint can vary depending on the jurisdiction and the specific rules of the court. However, some general steps and considerations typically apply:

Filing the Amendment: The plaintiff drafts the amended complaint, making the necessary changes and including any new information. This document is then filed with the court.
Serving the Defendant: The amended complaint must be served on the defendant, just like the original complaint. This gives the defendant an opportunity to respond to the new allegations or claims.
Court Approval: In some cases, especially if the amendment is made after certain deadlines, the plaintiff may need to seek the court's approval to file the amended complaint. This usually involves filing a motion to amend and explaining the reasons for the changes.
Response from Defendant: Once the amended complaint is served, the defendant has the right to respond, either by filing an answer or a motion to dismiss, depending on their legal strategy and the nature of the amendments.

Considerations and Limitations

Timing: The timing of the amendment is crucial. Early amendments (e.g., before the defendant has responded) are generally easier to make and often do not require court approval. Later amendments might be subject to stricter scrutiny and require a stronger justification.
Scope: The scope of the amendments can also be a factor. Minor corrections are typically less contentious, while significant changes to the claims or parties involved might require more detailed justification and may be more likely to face opposition from the defendant.
Strategic Use: Amending a complaint is a strategic tool that can strengthen a plaintiff's case. However, it must be used carefully to avoid unnecessary complications or delays in the proceedings.

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to contact me:

bobbycapucci@protonmail.com

source:

gov.uscourts.nysd.610915.6.0.pdf (courtlistener.com)

Duration:: 16m
Broadcast on:: 17 Jul 2024
Audio Format:: mp3

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See terms at racing.fanduel.com. Gambling problem, call 1-800-Gambler. What's up everyone, and welcome back to the Epstein Chronicles. In this episode, we're picking up where we left off with the survivors amended complaint against the USVI. 5. Class action allegations. 107. Plaint if Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, and Jane Doe 6. Wearing this action pursuant to federal rule of civil procedure, 23B3, and 23C4 on behalf of themselves and the following class. All women who are sexually trafficked to and through the United States Virgin Islands by Jeffrey Epstein between the years of 2001 through 2019. Both dates inclusive, the class period. 108. Plaintiffs reserve the right to seek leave to modify this definition, including the addition of one or more subclasses after having the opportunity to conduct discovery. 109. Numerosity. The class consists of dozens of women making Joinder impracticable in Satisfaction of Fed R. CIVP 23A1. The exact size of the class and the identities of the individual class members are ascertainable through records maintained by the Epstein estate executors and the defendants, including but not limited to defendants and other records related to Epstein and his sex trafficking to and through the United States Virgin Islands. 110. Typicality. Plaintiffs' claims are typical of the claims of the other class members that they seek to represent. The claims of plaintiffs and other class members are based on the same legal theories and arise from the same unlawful pattern and practice of defendants' participation in and funding of Epstein's sex abuse and Epstein's sex trafficking venture as set forth above and otherwise discovered. 111. Commonality. There are many questions of law in fact, common to the claims of plaintiffs and other class members, and those questions predominate over any questions that may affect only individual class members within the meaning of Fed R. CIVP 23A2 and B3. Class treatment of common issues under Fed R. CIVP 23C4 will materially advance the litigation. 112. Common questions of fact and law affecting class members include but are not limited to the following. A. Whether the Epstein's sex trafficking venture caused its victims to engage in commercial sex acts and violation of Trafficking Victims Protection Act, US Code 18, Section 1591, A and 1. D. Whether the Epstein's sex trafficking venture recruited in ties solicited Harvard provided obtained and transported victims in ways that were in or affecting interstate or a foreign commerce. C. Whether Epstein and his co-conspirators, use means of force, fraud, coercion, and abuse of the legal process or a combination of such means to sexually abuse the victims and to cause victims to engage in commercial sex acts. D. Whether defendants knowingly assisted, facilitated, and supported the Epstein's sex trafficking venture pattern and practice of coercively forcing victims to engage in commercial sex acts. D. Whether defendants benefited financially or by receiving things of value from their participation in a venture which is engaged in sex trafficking in violation of TVPA, US Code 18, Section 1591, A and 1. F. Whether defendants knew or should have known that the Epstein's sex trafficking venture had engaged in violations of the TVPA, US Code 18, Section 1591, A and G. Whether defendants committed negligent acts or omissions that facilitated sexual abuse which would constitute a sexual offense as defined in Article 130 of the penal law committed against such persons who were 18 years of age or older. D. 1. 13. Apps in a class action most of the class members would find the cost of litigating their claims to be cost prohibitive and will have no effective remedy. The class treatment of common questions of law and fact is also superior to multiple individual actions or piecemeal litigation in that it conserves the resources of the courts and the litigants and promotes consistency and efficiency of adjudication. D. 1. 14. Adequacy. The Jane Doe plaintiffs will fairly and adequately represent and protect the interests of the other class members she seeks to represent. The Jane Doe plaintiffs have retained counsel with substantial experience in prosecuting complex litigation and large-scale high-profile sexual abuse-related litigation. Plantives and their counsel are committed to vigorously prosecuting this action on behalf of other class members and have financial resources to do so, neither plaintiffs nor their counsel have any interest adverse to those of the other class members. D. 1. 15. This action has been brought and may properly be maintained as a class action against defendants pursuant to Rule 23 of the Federal Rules of Civil Procedure because there is a well-defined community of interests in the litigation and the proposed class is easily ascertainable from the defendant's records. D. 1. 16. Superiority. All other available methods for the fair and efficient adjudication of this controversy because, A. Joinder of all class members is impracticable. B. The prosecution of individual remedies by members of the class will tend to establish inconsistent standards of conduct for defendants and result in the impairment of the class member's rights and disposition of their interests through actions to which they were not parties. C. Section treatment will permit a larger number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the unnecessary duplication of effort and expense that numerous individual actions would engender. D. Absent a class action, class members will continue to suffer losses and be aggrieved and defendants will continue to violate New York and federal law without remedy. E. First treatment of this action will cause an orderly and expeditious administration of class claims, economies of time, effort, and expense will be fostered, and uniformity of decisions will be ensured. F. Plank defender counsel or unaware of any class action brought against any defendant for the violations alleged in this action. G. The forum is desirable because the defendants conducted the subject business with Jeffrey Epstein in this district and class members were consequently trafficked in this district and H. This action presents no difficulty that would impede its management by the court as a class action. C. Causes of Action As for the first cause of action as to participation in a sex trafficking venture and violation of Trafficking Victims Protection Act under U.S. Code 18, Section 1591, A2-1595-D, as to all defendants, 117, Plankiffs and Corporate, the foregoing paragraphs herein, as have set forth at length, 118, defendants knowingly and intentionally through various means participated in, perpetrated, assisted, supported, facilitated, a sex trafficking venture that was in and affecting interstate and foreign commerce, together and with others in violation of U.S. Code 18, Section 1591, A1-119, defendants knowingly benefited from their participation in Epstein's enterprise, 120, defendants knowingly and intentionally participated in Epstein's sex trafficking venture that was in and affecting interstate and foreign commerce together and with others. In violation of U.S. Code 18, Section 1591, A1-121, among other things defendants knowingly and intentionally through various means recruited, enticed, provided, facilitated, obtained, advertised and solicited by various means, Plankiffs, knowing that Epstein would use means of force, threats of force, fraud, coercion and the combination of such means to cause Plankiffs to engage in commercial sex acts. We all have somewhere we're trying to get to. As the largest energy producer in Colorado, Chevron is helping meet rising demand and we're working to do it responsibly. Our next-gen tankless facilities reduce the greenhouse gas emissions of our operations by more than 90% compared to our older designs. Working to provide Colorado with energy that's affordable, reliable and ever cleaner. So everyone can get to where they want to be. You've arrived. That's Energy in Progress. Visit chevron.com/tankless. This summer, saddle up with the only sports book where you can bet on horse racing, FanDuel. But now, new customers can get a no-sweat first bet up to $500. Just download the app or go to fanduel.com/horses to score your no-sweat bet up to $500. 21+ and present in Colorado offer valid on first real money wager of $5 or more, verified FD Racing account required, bonus issued in non-withdrawable racing site credit that expires seven days after issuance, max refund $500, restrictions apply, cterms@racing.fanduel.com, gambling problem, call 1-800-gambler. 122, defendants and their officers and employees had actual knowledge that they were perpetrating and facilitating Epstein's sexual abuse and sex trafficking conspiracy to recruit salicit entice, coerce, harbor, transport, facilitate, obtain and provide plaintiffs into commercial sex acts through the means of force, threats of force, fraud, abuse of process and coercion. 123, despite such knowledge, defendants intentionally accepted payment. 4, facilitated, perpetrated and participated in Epstein's violations of US Code 18, Section 1591, A&1, which defendants knew and were in reckless disregard of the fact that Epstein would coerce, defraud and force plaintiffs as well as other young women to engage in commercial sex acts. 124, as part of perpetrating TVPA violations defendants concealed their extensive involvement and efforts in furtherance of Epstein's sex trafficking ventures, Epstein's and his associates. 125, defendants conduct was committed knowingly and in reckless disregard of the facts that Epstein would use said governmental support provided by defendants as a means of defrauding, forcing and coercing sex acts from plaintiffs. Defendants conduct was outrageous and intentional. 126, defendants intentional or negligent conduct has caused plaintiff and many other young women serious harm including without limitation, physical, psychological, emotional, financial and reputational harm. 127, defendants also should have known that they were participating in and facilitating a venture that had engaged in coercive sex trafficking and violation of US Code 18, Section 1591, A&1. 128, an exchange for facilitating and covering up Epstein's commercial sex trafficking defendants receive financial benefits therefrom. 129, facilitating and covering up Epstein's sexual misconduct was a means of ensuring access to wealth and influence. 130, defendants knowing an intentional conduct has caused Jane Doe's 1-6 and other members of the class serious harm including without limitation, physical, psychological, emotional and reputational harm. 131, defendants knowing an intentional conduct has caused Jane Doe's 1-3. 1-6 and other members of the class harm that is sufficiently serious under all surrounding circumstances to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm. 132, defendants notorious conduct and violating the TVPA was outrageous and intentional because it was in deliberate furtherance of a widespread and dangerous criminal sex trafficking organization. De fendants tortious conduct also invents a high degree of moral turptitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Defendants tortious conduct was directed specifically at Jane Doe's 1-6 and other members of the class who were victims of Epstein's sexual abuse and sex trafficking organization. 133, defendants outrageous and intentional conduct in this case is part of a pattern and practice of defendants to profit from Epstein's sex trafficking enterprise by gaining access to money and influential people from around the world. 134, by virtue of its knowing and intentional violations of US code 18, section 1591, A and 1, 1595, defendants are liable to plaintiffs for the damages that they sustained and reasonable attorney fees by virtue of these international and outrageous violations. Of US code 18, section 1591, A and 1, and 1595, 135, by virtue of these intentional and outrageous violations of US code 18, section 1591, A and 2, 1595, defendants are liable to Jane Doe 1-6 and other members of the class for punitive damages. 136, the amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction, 137. This action falls within exceptions to Article 16 of the CPLR. All right, we're going to wrap up this episode here and in the next episode we're going to pick up with as in for a second cause of action as to aiding, abetting and inducing a sex trafficking venture in violation of the Trafficking Victims Protection Act under US code 18, section 2, 1591, A1 and A2, 1595. All of the information that goes with this episode can be found in the description box. A new law is helping me save more money on prescription drug costs. Maybe you can save too. 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