UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 09-CV-80802-MARRA-JOHNSON JANE DOE NO. 8 Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S REPLY TO PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS PLAINTIFFS COMPLAINT, dated 08/12/09 Defendant EPSTEIN, by and through his attorneys, replies to Plaintiff JANE DOE No. 8's Memorandum of Law in Opposition to Motion to Dismiss Plaintiff's Complaint, ("memorandum"), dated August 12, 2009. In support of dismissal of Count I — "Sexual Assault and Battery" and Count III — "Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422," based on the statute of limitations, Defendant replies: Introduction Defendant's position is that Counts I and III are each barred by the applicable statute of limitations. Since the issues in parts I and II of Plaintiff's memorandum overlap, Defendant will address those parts together in I and II herein. Part III addresses the statute of limitations for Count III, as set forth in 18 U.S.C. §2255(b). 1. Plaintiff's Complaint on its face does show the date that her claims accrued. II. Based on the Complaint allegations, §95.11(7), Fla. Stat., does not apply to Count I — Assault and Battery: thus, such claim is time barred. Pursuant to the allegations on the face of Plaintiff's complaint, Count I, based on Florida's common law of assault and battery, and Count III, brought pursuant to 18 EFTA00725607