Case 1:19-cv-08673-KPF-DCF Document 81 Filed 06/23/20 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JANE DOE, Plaintiff, 19 Civ. 8673 (KPF) DARREN K. INDYKE and RICHARD D. KAHN, in their capacities as the executors of the Estate of Jeffrey E. Epstein, OPINION AND ORDER Defendants. KATHERINE POLK FAILLA, District Judge': Plaintiff Jane Doe2 brings this action under New York law against Darren K. Indyke and Richard D. Kahn in their capacities as appointed executors of the Estate of Jeffrey Epstein (together, "Defendants"). Plaintiff asserts tort claims for sexual assault, sexual battery, intentional infliction of emotional distress, and negligent infliction of emotional distress, for which she seeks actual, compensatory, statutory, consequential, and punitive damages. Defendants seek to dismiss Plaintiff's claim for punitive damages, arguing that: (i) New York law applies to the punitive damages claim because the torts allegedly occurred in New York; (ii) New York law bars the recovery of punitive damages against a decedent tortfeasor's estate; and (iii) even if the law of the United States Virgin Islands rusvn were to apply, it also would prohibit the recovery of punitive damages against a decedent tortfeasor's estate. For the Sarah 2 n, a rising second-year student at Fordham Law School and an intern in my , provided substantial assistance in researching and drafting this Opinion. Plaintiff has been granted leave to proceed pseudonymously. (Dkt. #26). EFTA02751552