SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Plaintiff, - against - JEFFREY EPSTEIN, VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC. AKA VICTORIA'S SECRET, LESLIE WEXNER, NINE EAST 71 STREET CORPORATION, JEFFREY EPSTEIN AND CO., Defendants. Index No. 113903/07 I.A.S. Part 19 Justice Edward Lehner STIPULATION OF DISCONTINUANCE Pursuant to CPLR Rule 3217(aX2), Plaintiff and Defendants, through their undersigned counsel, hereby state that (a) no party to the above-captioned action is a conservatee or an infant or incompetent person for whom a committee has been appointed, and no person not a party thereto has an interest in the subject matter of the above-captioned action, and (b) the above-captioned action, and all claims therein, is hereby discontinued in its entirety with prejudice, with each party to bear its own costs and fees. Dated: October 2009 New York, New York KIRKLAND & ELLIS LLP Attorneys for Defendants Jeffrey Epstein, Nine East and Jeffrey Epstein and Co. 601 Lexington Avenue New York NY 100224611 JACQUELINE MARI 16 East 98th Street, Suite 7F New York NY 10029 By: By: Mindy Yu Jacqueline Mari EFTA00725383