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Case 1:19-cv-10788-GHW-DCF
Case 1:19-cv-10653-PAE-DCF Document
Document40-1 Filed
39 Filed 04/30/20Page
04/30/20 Page
1 of14of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JANE DOE 15,

Plaintiff, 19 Civ. 10653 (PAE)
-v-
ORDER
DARREN K. INDYKE and RICHARD D. KAHN,
as Executors of the Estate of Jeffrey E. Epstein,

Defendants.

PAUL A. ENGELMAYER, District Judge:

In this diversity action, plaintiff Jane Doe 15 (“Doe”)1 brings claims of battery, assault,

and intentional infliction of emotional distress against Darren K. Indyke and Richard D. Kahn, in

their capacities as co-executors of the estate of Jeffrey Epstein. These claims arise from Doe’s

allegations of sexual trafficking and abuse perpetrated against her by Epstein in 2004, when she

was age 15. Doe alleges that Doe visited Epstein’s Manhattan townhouse in New York City,

where Epstein’s secretary photographed her and groomed her for future sexual exploitation; on

Epstein’s behalf, the secretary later invited Doe to visit Epstein at his ranch in New Mexico, and

arranged Doe’s visit. See Dkt. 1 (“Cmplt.”) ¶¶ 2–4, 25–26, 30–37. Epstein’s sexual abuse of

Doe occurred during the visit to the New Mexico ranch that ensued. Id. ¶¶ 5–6, 41–69.

The defendants have filed a partial motion to dismiss, directed solely at Doe’s prayer for

punitive damages. They argue that New Mexico law governs Doe’s claims, and that under New

Mexico law, punitive damages are unavailable in a personal injury action against the personal

1
Doe has

[…]