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Case 1:19-cv-10577-LJL-DCF Document 25 Filed 01/31/20 Page 1 of 4
BSF
BOIES
SCH ILLER
FLEXNER
Telephone: (212) 446-2300
Email: jischiller@bsfllp.com
January 31, 2020
VIA ECF
The Honorable Lorna G. Schofield
District Court Judge
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
Re: Jane Doe 1000 v. Indyke et al., Case No. 19-cv-10577
Dear Judge Schofield,
Pursuant to Individual Rules III.A.1 and III.C.2, Plaintiff Jane Doe 1000 hereby responds
to Defendants’ request for a pre-motion conference in connection with their anticipated motion to
dismiss. Dkt. 24. Plaintiff’s claims are timely under New York’s statutes of limitation and the
doctrine of equitable estoppel, and Defendants’ proposed motion “to dismiss” Plaintiff’s request
for punitive damages is procedurally improper. For the following reasons, the Court should deny
Defendants’ anticipated motion in its entirety.1
I. Plaintiff’s Claims Are Timely Under New York Law.
Plaintiff’s claims are timely under New York’s CPLR § 215(8)(a), which provides:
“Whenever it is shown that a criminal action against the same defendant has been commenced
with respect to the event or occurrence from which a claim governed by this section arises, the
plaintiff shall have at least one year from the termination of the criminal action . . . to commence
the civil action.” (Emphasis added). Here, Epstein’s criminal action in this District terminated on
August 29, 2019. Compl. ¶ 36. Because Plaintiff filed the Complaint less than three months later,
the action is t
[…]