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Case 9:09-cv-80802-KAM Document 13 Entered on FLSD Docket 08/12/2009 Page 1 of 10




                                  UNITED STATES DISTRICT COURT
                                  SOUTHERN DISTRICT OF FLORIDA

                               CASE NO.: 09-CV-80802-MARRA/JOHNSON

  JANE DOE NO. 8,

                  Plaintiff,
  vs.

  JEFFREY EPSTEIN,

              Defendant.
  ____________________________________/

               PLAINTIFF JANE DOE NO. 8’s MEMORANDUM OF LAW IN
            OPPOSITION TO MOTION TO DISMISS PLAINTIFF’S COMPLAINT

          Plaintiff, Jane Doe No. 8, submits this Memorandum of Law in Opposition to Motion to

  Dismiss Plaintiff’s Complaint, pursuant to S.D.Fla.L.R. 7.1(C), as follows:

                                           INTRODUCTION

          As with the related cases in this Court against Defendant Jeffrey Epstein, Plaintiff Jane Doe

  No. 8 alleges that she was the victim of a plan and scheme by Defendant Epstein to lure her to his

  Palm Beach mansion, where he sexually molested her. The Complaint in this case sets forth state

  law claims and a federal law claim under 18 U.S.C. §§2422 and 2255. Defendant relies exclusively

  on the statute of limitations as grounds for dismissal pursuant to Fed.R.Civ.P. 12(b)(6).

          With respect to Plaintiff’s state law causes of action for assault and battery, Defendant

  incorrectly applies a four-year statute of limitations. Florida Statute §95.11 is clear that a seven-year

  statute of limitations applies to the state law claims alleged by Plaintiff. As a result, the state law

  cause of action for assault and battery is timely.

          In contending that Plaintiff’s federal claim should be dismissed based on the statute of




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Case 9:09-cv-80802-KAM Document 13 Entered on FLSD Docket 08/12/2009 Page 2 of 10




  limitations, Defendant wrongly assumes that this claim accrued on the date when Defendant’s

  wro

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