Case 1:19-cv-10475-LGS-DCF Troutman Sanders LLP 875 Third Avenue New York, New York 10022 troutman.com Document 17 Filed 01/24/20 Page 1 of 3 troutmar? sanders Bennet J. Moskowitz [email protected] January 24, 2020 ECF Hon. Lorna G. Schofield Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Re: v. Darren K. Indyke and Richard D. Kahn, in their capacities as the executors of the Estate of Jeffrey Edward Epstein, and Ghislaine Maxwell, 19-cv-10475-LGS-DCF Dear Judge Schofield: 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 Rule III(C)(2) to request a conference on and to explain the bases for the Co-Executors' anticipated motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss ("Plaintiff") the time-barred claims and demand for punitive damages in Plaintiff Complaint (ECF No. 1). We propose the following briefing schedule: moving brief by February 24, 2020; opposition brief by March 25, 2020; and reply brief by April 8. 2020. 1. Plaintiff is a Texas resident who alleges Decedent committed torts against her in the 1990's, primarily in New Mexico; Plaintiff's causes of action based on torts in New Mexico expired by 1999. Plaintiff, a Texas citizen and resident, alleges that, in 1995 and/or 1996, when she was 16, Mr. Epstein ("Decedent"), now deceased, committed sexual offenses against her in New York and New Mexico. (Compl. 11111, 18, 53-54, 58, 67.) Plaintiff asserts three causes of action — battery, false imprisonment and intentional infliction of emotional distress — and demands punitive damages. (Id. ¶¶ 79-94, p. 18.) New York's borrowing statute, CPLR § 202, provides that when a non-New York resident such as Plaintiff sues on causes of action accruing outside New York (here, New Mexico), the complaint must be timely under the statute of limitations