DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT

DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X MARVIN GERBER AND KALMA KOENIG, : on behalf of themselves and all others similarly : situated, Plaintiffs, -against- THE FINANCIAL TRUST COMPANY, XYZ CORPORATION, ABC, INC., and JEFFREY E. EPSTEIN, Defendants. X Index No. 1:18-cv-07580-JPO DEFENDANTS THE FINANCIAL TRUST COMPANY AND JEFFREY E. EPSTEIN'S NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT WITH PREJUDICE PLEASE TAKE NOTICE that, upon declaration of Bennet J. Moskowitz dated September 14, 2018 and the exhibits annexed thereto, and the accompanying memorandum of law, on October 8, 2018 at 9:30 a.m., or as soon thereafter as counsel may be heard, Defendants The Financial Trust Company ("FTC") and Jeffrey E. Epstein (together with FTC, the "Defendants"), by and through their undersigned counsel, will move this Court, before the Honorable J. Paul Oetken, in Courtroom 706 at the United States Courthouse for the Southern District of New York, located at 40 Foley Square, New York, NY 10007, for an Order: I. Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6), dismissing Plaintiffs' Complaint in its entirety, with prejudice; and 2. Granting Defendants such other and further relief as the Court deems just and proper. 36343447v1 EFTA00806706 DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT Dated: New York, New York. Respectfully submitted, September 14, 2018 TROUTMAN SANDERS LLP 875 Third Avenue New York, New York 10022 By: /.s/Bennett. Moskowitz Bennet J. Moskowitz Attorneys for Defendants The Financial Trust Company and Jeffrey E. Epstein 36343447v1 EFTA00806707