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Case 1:19-cv-10476-PGG-DCF Document 12 Filed 01/24/20 Page 1 of 4
Troutman Sanders LLP
875 Third Avenue
New York, New York 10022
troutmariP
troutman.com
sanders
Bennet J. Moskowitz
bennet.moskowitz@troutman.com
January 24, 2020
ECF
Hon. Paul G. Gardephe
Thurgood Marshall
United States Courthouse
40 Foley Square, Room 2204
New York, New York 10007
Re: Teresa Helm v. Darren K. Indyke and Richard D. Kahn, as Executors of the Estate
of Jeffrey E. Epstein, 1:19-cv-10476-PGG-DCF
Dear Judge Gardephe:
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 I(A) and IV(A) to request a pre-motion conference on
the Co-Executors’ anticipated motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss Plaintiff
Teresa Helm’s (“Plaintiff”) Complaint (ECF No. 1) because it is time-barred, and Plaintiff’s
demand for punitive damages because it is prohibited as a matter of law.
1. Plaintiff alleges Decedent assaulted Plaintiff in 2002 when she was 22 years old.
Plaintiff alleges that Mr. Epstein (“Decedent”), now deceased, sexually assaulted Plaintiff in
2002 in New York when she was 22. (Compl. ¶¶ 1, 11, 36, 49.) Plaintiff asserts two causes of
action -- battery and intentional infliction of emotional distress -- and demands punitive
damages. (Id. ¶¶ 57 – 66, p. 14.)
2. Plaintiff’s causes of action are time-barred.
The Complaint alleges torts that occurred in New York in 2002. (Compl. ¶¶ 1, 11, 36, 39, 49).
Under New York law, causes of action sounding in battery must be commenced within one year
of accrual (CPLR § 215(3)); and claims sounding in personal injury, within three years (CPLR §
214(5)). Therefore, Plaintiff’s cla
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