2020.09.28%20Response%20to%20Opposition.pdf
263 KB
Extraction Summary
10
People
6
Organizations
3
Locations
5
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal brief (co-executors’ reply brief in support of motion to dismiss)
File Size:
263 KB
Summary
This is a Reply Brief filed by the Co-Executors of the Estate of Jeffrey Epstein (Indyke and Kahn) in response to a lawsuit by Ghislaine Maxwell. Maxwell is suing the Estate and NES, LLC for indemnification (payment of her legal fees) related to her criminal and civil cases in New York. The Co-Executors argue the case should be dismissed because: 1) The claim is 'unripe' as her underlying guilt or innocence hasn't been established; 2) Public policy forbids indemnifying criminal conduct; 3) The NES Operating Agreement explicitly allows the company to decline indemnification; and 4) The Statute of Frauds bars claims based on alleged oral promises.
People (10)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Plaintiff |
Suing the Epstein Estate for indemnification (payment of legal fees) regarding underlying criminal and civil cases.
|
| Jeffrey E. Epstein | Deceased |
His Estate is the primary defendant.
|
| Darren K. Indyke | Defendant / Co-Executor |
Co-Executor of the Estate of Jeffrey E. Epstein, filing the motion to dismiss.
|
| Richard D. Kahn | Defendant / Co-Executor |
Co-Executor of the Estate of Jeffrey E. Epstein, filing the motion to dismiss.
|
| Christopher Allen Kroblin | Attorney |
Counsel for the Defendants (Estate/Executors).
|
| Andrew W. Heymann | Attorney |
Counsel for the Defendants.
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| William L. Blum | Attorney |
Counsel for the Defendants.
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| Shari N. D'Andrade | Attorney |
Counsel for the Defendants.
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| Marjorie Whalen | Attorney |
Counsel for the Defendants.
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| Kyle R. Waldner | Attorney |
Counsel for the Plaintiff (Maxwell).
|
Organizations (6)
| Name | Type | Context |
|---|---|---|
| Estate of Jeffrey E. Epstein |
Defendant in the civil suit.
|
|
| NES, LLC |
Defendant; a New York Limited Liability Company administered in probate by the Co-Executors.
|
|
| Superior Court of the Virgin Islands |
Court where the case is filed.
|
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| Kellerhals Ferguson Kroblin PLLC |
Law firm representing the Defendants.
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| Quintairos, Prieto, Wood & Boyer, P.A. |
Law firm representing the Plaintiff.
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| Government of the Virgin Islands |
Mentioned in footnote 14 regarding a motion to intervene.
|
Timeline (5 events)
2020-05-01
Motion to Dismiss filed by the Co-Executors.
Superior Court of the Virgin Islands
Co-Executors
Ghislaine Maxwell
2020-06-01
Joint motion for a stay of action.
Superior Court of the Virgin Islands
Ghislaine Maxwell
Co-Executors
2020-06-29
2021-07-12
Scheduled start date for Maxwell's criminal trial (as noted in the document).
New York federal court
Locations (3)
| Location | Context |
|---|---|
|
Location of the Superior Court.
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|
|
Location of NES, LLC registration and where underlying criminal/civil cases against Maxwell are pending.
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Federal court where Maxwell was criminally indicted.
|
Relationships (3)
Maxwell claims indemnification for 'performance of legitimate, employment-related duties for Mr. Epstein or his affiliated businesses.'
Identified as Executor of the Estate of Jeffrey E. Epstein.
Identified as Executor of the Estate of Jeffrey E. Epstein.
Key Quotes (5)
"Maxwell’s claim for common law indemnification is unripe and should be dismissed."Source
2020.09.28%20Response%20to%20Oppositi...
Quote #1
"As a matter of public policy, Maxwell cannot be indemnified for intentional wrongdoing, including criminal conduct."Source
2020.09.28%20Response%20to%20Oppositi...
Quote #2
"NES’s governing corporate documents entitle her to the advancement of expenses and indemnification that she now demands. (Plaintiff's allegation)"Source
2020.09.28%20Response%20to%20Oppositi...
Quote #3
"The NES Operating Agreement... unambiguously allows NES to decline her claims for indemnification and advancement of fees and expenses."Source
2020.09.28%20Response%20to%20Oppositi...
Quote #4
"An estate is not a person or a legal entity and cannot sue or be sued; an estate can only act by and through a personal representative."Source
2020.09.28%20Response%20to%20Oppositi...
Quote #5
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