Case 1:19-cv-10474-NRB Document 13 Filed 01/24/20 Page 1 of 4 Troutman Sanders LLP 875 Third Avenue New York, New York 10022 troutman.com troutrnanP sanders Bennet J. Moskowitz [email protected] January 24, 2020 ECF Hon. NA SIn Reice Buchwald Daniel Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 Re: v. Darren K. Indyke and Richard D. Kahn, as Executors of the Estate of Jeffrey E. Epstein, 1:19-cv-10474 (NRB) Dear Judge Buchwald: We represent Defendants Darren K. Indyke and Richard D. Kahn, Co-Executors of the Estate of Jeffrey E. Epstein (together, the "Co-Executors"), in the above-referenced action. We write pursuant to Your Honor's Individual Rules 1(A) and 2(B) to request a pre-motion conference in connection with the Co-Executors' anticipated motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss Plaintiff ("Plaintiff") Complaint (ECF No. 1) which is time-barred and impermissibly seeks punitive damages. L 1. Plaintiff is an Arkansas resident who alleges Decedent committed torts against her in Ohio in 1995 or 1996 when she was 26 years old. Plaintiff, who claims Arkansas citizenship and residency, alleges that Mr. Epstein ("Decedent"), now deceased, sexually assaulted her in 1995 or 1996 in Ohio. (Compl. ¶¶ 1, 11, 35, 46, 48.) Plaintiff asserts two causes of action -- battery and intentional infliction of emotional distress -and demands punitive damages. (Id. ¶¶ 59 — 68, p. 15.) 2. Plaintiff's causes of action are time-barred. CPLR § 202 provides that, when a non-New York resident such as Plaintiff sues on a cause of action accruing outside New York, the complaint must be filed timely under the statute of limitations of both New York and the jurisdiction where the cause of action accrued.' A claim that is untimely under one or both of the two jurisdictions must be dismissed. The Complaint alleges torts that occurred between 1995 and 1996 in Ohio. (Compl. ¶¶ 1, 11, 35, 46, 48). Under N.Y. law, causes of action sounding