EFTA00029956.pdf

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Source set: data-set-8
Extracted text

Case 1:20-cv-00484-JGK-DCF Document 98 Filed 03/08/21 Page 1 of 8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
JANE DOE, 
Plaintiff, 
- against - 
DARREN K. INDYKE, RICHARD D. KAHN, 
AND GHISLAINE MAXWELL, 
Defendants. 
20-cv-484 (JGK) 
MEMORANDUM OPINION 
AND ORDER 
JOHN G. KOELTL, District Judge: 
The plaintiff brought this action under a pseudonym as "Jane 
Doe" against Darren K. Indyke and Richard D. Kahn, in their 
capacities as appointed executors of the estate of Jeffrey E. 
Epstein (together, the "Epstein Estate"), and Ghislaine Maxwell, 
seeking declaratory relief and damages for sexual assault, sexual 
battery, intentional infliction of emotional distress, negligent 
infliction of emotional distress, and false imprisonment. The 
plaintiff now moves for dismissal pursuant to Rule 41(a)(2) of the 
Federal Rules of Civil Procedure. For the reasons explained below, 
the motion is granted, subject to certain conditions. 
I 
The plaintiff filed the complaint in this action on January 
17, 2020. For the purposes of this motion, the substance of the 
claims is relevant only insofar as to note that on June 29, 2020, 
Ms. Maxwell was indicted on criminal charges in this District. See 
ECF No. 1, 20-CR-330. On September 14, 2020, Magistrate Judge 
EFTA00029956


Case 1:20-cv-00484-JGK-DCF Document 98 Filed 03/08/21 Page 2 of 8 
Freeman issued an order staying this case, pending the outcome of 
the criminal prosecution of Ms. Maxwell. See ECF No. 8. 
After the complaint was filed, the Epstein Estate set up the 
Epstein Victim's Compensation Program (the "Program") and the 
administrator started accepting claims on June 25, 2020. See ECF 
No. 47. On November 29, 2020, the plaintiff accepted an offer of 
compensation from the Program, which requires her to dismiss with 
prejudice her claims against the defendants in this action. See 
ECF No. 94. To satisfy the requirement, the plaintiff sought 
dismissal with prejudice by stipulation pursuant to Rule 
4…
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