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Case 9:09-cv-80802-KAM Document 8 Entered on FLSD Docket 07/14/2009 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 09-CV-80802-MARRA-JOHNSON
JANE DOE NO. 8
Plaintiff,
V.
JEFFREY EPSTEIN,
Defendant.
---------------I
DEFENDANT EPSTEIN'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT
Defendant, JEFFREY EPSTEIN ("Epstein"), by and through his attorneys, moves
to dismiss Counts I and Ill of Plaintiff's Complaint as the causes of action are barred by
the applicable statute of limitations. 18nd 2 Rule 12(b)(6); Local Gen. Rule 7.1 (S.D. Fla.
2009). In support of dismissal, Defendant states:
Plaintiff's Complaint attempts to allege three Counts; the first two counts are
pursuant to state common law, and the third count is brought pursuant to 18 U.S.C.
§2255. Civil remedy for personal injuries. Count I attempts to allege a cause of action
for "Sexual Assault and Battery," Count II for "Intentional Infliction of Emotional
Plaintiffs Complaint attempts to assert both state common law claims and a claim pursuant to 18
U.S.C. §2255. Since Jane Doe 8 did not relinquish her state claims and correspondingly did not file her
complaint relying, exclusively, on 18 USC 2255, she is not entitled to the litigation benefits including
certain waivers that directly or indirectly accrue to other civil plaintiffs from the defendant's fulfilling
obligations resulting from his separate confidential agreement with the United Staes Attorney's Office.
Plaintiff's counsel conceded that the provisions of the NPA are not implicated where a plaintiff brings
additional causes of action and does not proceed exclusively under §2255. See June 12, 2009, Hearing
Transcript in Jane Doe, et al v. Epstein, Case No. 08-80119-Civ-Marra, p. 29, line 19-25,
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