Case 9:08-cv-80811-KAM

Case 9:08-cv-80811-KAM Document 101 Entered on FLSD Docket 05)28:2009 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80811-CIV-MARla Plaintiff, v. JEFFREY EPSTEIN and Defendants. ORDER THIS CAUSE is before the Court upon Plaintiff's Motion to Strike Defendant's Reply to the Motion to Dismiss (DE 89) and the Motion for Leave to file Brief as Amicus Curiae (DE 63). The Court has carefully reviewed the motions, responses, and replies where filed, and is otherwise fully advised in the premises. It is hereby ORDERED AND ADJUDGED as follows: Plaintiff's Motion to Strike Defendant's Reply to the Motion to Dismiss (DE 89) and the Motion for Leave to file Brief as Amicus Curiae (DE 63) are DENIED. Issues regarding the minimum amount of damages available to Plaintiff under 18 U.S.C. § 2255 do not affect whether Plaintiff has stated a claim and are not appropriate for a motion to dismiss. These damages issues will be resolved at summary judgment or trial. Moreover, there are no statutory limits on the amount of damages Plaintiff can seek on her state law claims. Hence, the Court's failure EFTA00731247 Case 9:08-cv-80811-KAM Document 101 Entered on FLSD Docket 05/28:2009 Page 2 of 2 to prematurely resolve this issue should not affect settlement negotiations. See DE 98. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 28ih day of May, 2009. Copies furnished to: all counsel of record KENNETH A. MARRA United States District Judge 2 EFTA00731248