Case 1:19-cv-10479-ALC-DCF Document 12 Filed 01/24/20 Page 1 of 4 Troutman Sanders LLP 875 Third Avenue New York, New York 10022 troutman.com troutmar? sanders Bennet J. Moskowitz [email protected] January 24, 2020 ECF Hon. Andrew L. Carter Jr. Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Re: v. Darren K. lndyke and Richard D. Kahn, in their capacities as executors of the Estate of Jeffrey E. Epstein, 1:19-cv-10479-ALC-DCF Dear Judge Carter: We represent Defendants Darren K. Indyke and Richard D. Kahn, Co-Executors of the Estate of Jeffrey E. Epstein (together, the to -Executors"), in the above-referenced action. We write pursuant to Your Honor's Individual Practice § 2(A) to set forth the bases for the Co-Executors' anticipated motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the time-barred claims and ("Plaintiff") Complaint (ECF No. 1). punitive damages demand in Plaintiff 1. Plaintiff is a South African resident who alleges Decedent committed torts against her from 2002 to 2004 when she was an adult, in various jurisdictions. Plaintiff, who claims South African citizenship and residency, alleges that, from 2002 (when she was 20) to 2004, Mr. Epstein ("Decedent"), now deceased, committed various sexual offenses against her in the U.S. Virgin Islands ("USVI"), France, Florida, New Mexico and New York. (Compl. ¶¶ 16, 38, 50, 55.) Plaintiff asserts two causes of action -- battery and intentional infliction of emotional distress -- and demands punitive damages. (Id. ¶¶ 54-64, p. 15.) 2. Plaintiff's causes of action are time-barred. CPLR § 202 provides that, when a non-N.Y. resident such as Plaintiff sues on causes of action accruing outside N.Y., the complaint must be timely under the statute of limitations ("SOL") of both N.Y. and the jurisdiction where the claim accrued.' Plaintiff's causes of action expired by: 2006 per the USVI's 2-year SOL (5 V.I.C. § 31(5)(A)); 2008 per FL's 4-year SOL (Fla. Stat. § 95.11