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305 BROADWAY, SUITE 607
CUTI HECKER WANG LLP NEW YORK, NY 10007
DANIEL MULLKOFF
212.620.2606 TEL
212.620.2616 FAX
DMULLKOFF@CHWLLP.COM
April 8, 2020
By ECF
Hon. Debra Freeman
U.S. District Court for the Southern District of New York
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re: Davies v. Indyke et al., 19-cv-10788 (GHW)(DCF)
Your Honor:
We represent Plaintiff Teala Davies. We write regarding Defendants’
pending motion to dismiss (ECF 26) to ask the Court to disregard a new legal
argument that Defendants have improperly raised for the first time in their reply
brief (ECF 34).
In their motion, Defendants contend, inter alia, that Plaintiff’s claims
arising from sexual assaults inflicted on her by Jeffrey Epstein in New Mexico when
she was seventeen years old are time-barred under New Mexico law. Defs.’ MOL in
Support of Motion (ECF 27) at 4. In their moving brief, Defendants correctly
identified the applicable New Mexico law governing statutes of limitations in
childhood sexual abuse cases such as this one:
Plaintiff’s claims based on alleged torts occurring outside New York
also expired long ago under the laws of those jurisdictions, including
non-New York torts that occurred while she was a minor (if any), as
follows: . . . (New Mexico) for torts occurring while she was a minor, the
later of the “first instant” of Plaintiff’s 24th birthday (i.e., sometime in
2009) or 3 years from the date that Plaintiff first disclosed her
childho
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