On November 28, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Cheri Pierson,
and
Darren K. Indyke
In His Capacity As The Executor For The Estate Of Jeffrey E. Epstein And Administrator Of The 1953 Trust,
Estate Of Jeffrey E. Epstein,
Leon Black,
Richard D. Kahn
In His Capacity As The Executor For The Estate Of Jeffrey E. Epstein And Administrator Of The 1953 Trust,
The 1953 Trust,
for Torts - Adult Survivors Act
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/01/2023 04:28 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Cheri Pierson,
Plaintiff, Index No. 952002/2022
vs. Hon. Suzanne J. Adams
Leon Black; Estate of Jeffrey E. Epstein; Darren K. (Motion Seq. 005)
Indyke, in his capacity as the Executor for the Estate
of Jeffrey E. Epstein and Administrator of The 1953 NOTICE OF MOTION
Trust; Richard D. Kahn, in his capacity as the
Executor for the Estate of Jeffrey E. Epstein and
Administrator of The 1953 Trust; and The 1953
Trust,
Defendants.
PLEASE TAKE NOTICE that, upon the supporting Memorandum of Law and the
affirmation of Bennet J. Moskowitz dated February 1, 2023 and exhibit thereto, Defendants Estate
of Jeffrey E. Epstein (the “Estate”), Darren K. Indyke, in his capacity as Co-Executor for the Estate
and Co-Administrator of The 1953 Trust (“Indyke”), Richard D. Kahn, in his capacity as Co-
Executor for the Estate and Co-Administrator of The 1953 Trust (“Kahn,” and together with
Indyke, the “Co-Executors”), and The 1953 Trust (the “Trust”) will move this Court, in the Motion
Submission Part, Room 130, in the Courthouse located at 60 Centre Street, New York, New York,
on February 17, 2023 at 9:30 a.m., or as soon thereafter as counsel can be heard, pursuant to CPLR
3211(a)(7) to dismiss Count V of Plaintiff’s Complaint for failure to state a claim, or in the
alternative, pursuant to CPLR 3013 to dismiss Count V of Plaintiff’s Complaint for improper group
pleading, or in the alternative, to dismiss Plaintiff’s punitive damages claim as against the Estate
and the Co-Executors, and granting such other and further relief as this Court deems just and
proper.
1 of 2
FILED: NEW YORK COUNTY CLERK 02/01/2023 04:28 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/01/2023
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering papers
and cross-motions, if any, are demanded to be served upon the undersigned at least seven days
prior to the return date of this Motion.
Dated: New York, New York TROUTMAN PEPPER HAMILTON
February 1, 2023 SANDERS LLP
By: /s/ Bennet J. Moskowitz
Bennet J. Moskowitz
875 Third Avenue
New York, NY 10022
(212) 704-6000
bennet.moskowitz@troutman.com
Scott J. Link (pro hac vice pending)
LINK & ROCKENBACH, PA
1555 Palm Beach Lakes Blvd., Suite 930
West Palm Beach, FL 33401
(561) 847-4408
scott@linkrocklaw.com
Attorneys for Defendants Estate of Jeffrey E. Epstein;
Darren K. Indyke, in his capacity as the Executor for
the Estate of Jeffrey E. Epstein and Administrator of
The 1953 Trust; Richard D. Kahn, in his capacity as the
Executor for the Estate of Jeffrey E. Epstein and
Administrator of The 1953 Trust; and The 1953 Trust
2
2 of 2
Document Filed Date
February 01, 2023
Case Filing Date
November 28, 2022
Category
Torts - Adult Survivors Act
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FILED: NEW YORK COUNTY CLERK 02/01/2023 04:28 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Cheri Pierson, Plaintiff, Index No. 952002/2022 vs. Hon. Suzanne J. Adams Leon Black; Estate of Jeffrey E. Epstein; Darren K. (Motion Seq. 005) Indyke, in his capacity as the Executor for the Estate of Jeffrey E. Epstein and Administrator of The 1953 NOTICE OF MOTION Trust; Richard D. Kahn, in his capacity as the Executor for the Estate of Jeffrey E. Epstein and Administrator of The 1953 Trust; and The 1953 Trust, Defendants. PLEASE TAKE NOTICE that, upon the supporting Memorandum of Law and the affirmation of Bennet J. Moskowitz dated February 1, 2023 and exhibit thereto, Defendants Estate of Jeffrey E. Epstein (the “Estate”), Darren K. Indyke, in his capacity as Co-Executor for the Estate and Co-Administrator of The 1953 Trust (“Indyke”), Richard D. Kahn, in his capacity as Co- Executor for the Estate and Co-Administrator of The 1953 Trust (“Kahn,” and together with Indyke, the “Co-Executors”), and The 1953 Trust (the “Trust”) will move this Court, in the Motion Submission Part, Room 130, in the Courthouse located at 60 Centre Street, New York, New York, on February 17, 2023 at 9:30 a.m., or as soon thereafter as counsel can be heard, pursuant to CPLR 3211(a)(7) to dismiss Count V of Plaintiff’s Complaint for failure to state a claim, or in the alternative, pursuant to CPLR 3013 to dismiss Count V of Plaintiff’s Complaint for improper group pleading, or in the alternative, to dismiss Plaintiff’s punitive damages claim as against the Estate and the Co-Executors, and granting such other and further relief as this Court deems just and proper. 1 of 2 FILED: NEW YORK COUNTY CLERK 02/01/2023 04:28 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/01/2023 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering papers and cross-motions, if any, are demanded to be served upon the undersigned at least seven days prior to the return date of this Motion. Dated: New York, New York TROUTMAN PEPPER HAMILTON February 1, 2023 SANDERS LLP By: /s/ Bennet J. Moskowitz Bennet J. Moskowitz 875 Third Avenue New York, NY 10022 (212) 704-6000 bennet.moskowitz@troutman.com Scott J. Link (pro hac vice pending) LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Blvd., Suite 930 West Palm Beach, FL 33401 (561) 847-4408 scott@linkrocklaw.com Attorneys for Defendants Estate of Jeffrey E. Epstein; Darren K. Indyke, in his capacity as the Executor for the Estate of Jeffrey E. Epstein and Administrator of The 1953 Trust; Richard D. Kahn, in his capacity as the Executor for the Estate of Jeffrey E. Epstein and Administrator of The 1953 Trust; and The 1953 Trust 2 2 of 2