IN THE SI PERIOR COI 'RI OF TIM VIRGIN ISLANDS FILED May 01, 2020 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DISTRICT OF ST. & ST. JOHN **************************** TAMARA CHARLES CLERK OF THE COURT GH1SLAINE MAXWELL, CIVIL NO. ST-20-CV-155 Plaintiff, ) ) ) ESTATE OF JEFFREY E. EPSTEIN, DARREN ) K. INDYKE, in his capacity as EXECUTOR OF ) THE ESTATE OF JEFFREY E. EPSTEIN, ) RICHARD D. KAHN, in his capacity as ) EXECUTOR OF THE ESTATE OF JEFFREY ) E. EPSTEIN, and NES, LLC, a New York ) ) Limited Liability Company, ) ) Defendants. ) v. MOTION TO DISMISS & INCORPORATED MEMORANDUM OF LAW COME NOW, DARREN K. INDYKE and RICHARD D. KAHN, by and though their undersigned counsel, in their capacity as Co-Executors of the Estate of Jeffrey E. Epstein (the "Estate"), and on behalf of the Estate and NES, LLC ("NES"), an entity administered in probate by the Co-Executors as part of the Estate, and hereby move for an order pursuant to V.I. R. Civ. P. I2(bX6) dismissing the Complaint in this action filed by Plaintiff Ghislaine Maxwell ("Maxwell"). I. PRELIMINARY STATEMENT In her Complaint, Maxwell asserts an absolute right to indemnification and advancement of expenses — unqualified in scope, unlimited in duration, and incalculable as to amount — based on a purported promise "to support her financially" that she alleges was made by her former employer at least fourteen (14) years ago. (Complili 1, 9-11, 14, 15.) Setting aside the dubious bonafides of Maxwell's claims, her action against the Co-Executors is barred EFTA02821977