Epstein Survivors Withdraw Wexner Foundation Suit Without Prejudice After Bitter Fight Over Federal Venue

Eleven Jeffrey Epstein survivors have withdrawn their lawsuit against Leslie Wexner, the Wexner Foundation and Nine East 71st Street Corporation without prejudice, after a bitter fight over federal venue.

A corrected notice of voluntary dismissal was formally entered in the Southern District of New York on 1 September, a day after an earlier filing was flagged as deficient. The step leaves the claims unadjudicated and does not, on its face, bar a later fresh action.

From State Court to Manhattan Federal Docket

The complaint was filed in New York Supreme Court on 6 March under the city's Gender-Motivated Violence Protection Act, naming Wexner, the foundation and the company that once held title to the East 71st Street townhouse later linked to Epstein.

Wexner and the foundation removed the case to federal court on 30 March, citing diversity jurisdiction. Judge John G. Koeltl took the matter.

A second group of survivors sued later on similar allegations; the actions were combined in July, bringing the total to 13 survivors. Counsel for Nine East told the court in April that the company had been dissolved for more than a decade and fully wound down.

Wexner's lawyers questioned personal jurisdiction over their Ohio-based client. Koeltl declined to hear a dismissal motion until he ruled on remand.

Epstein Survivors Withdraw Wexner Foundation Suit After Remand Clash

The venue fight turned on whether complete diversity existed. Plaintiffs pressed to send the case back to state court.

The dispute sharpened around plaintiff Andrea Sterling, who claimed residence in Tulum, Mexico, from August 2025, a shift that could affect federal jurisdiction.

Defence lawyers answered that her LinkedIn, Backstage and Facebook profiles still listed Miami, and pointed to a December 2025 interview in which she said, 'I live in Miami.'

Plaintiffs' counsel asked on 19 August for concrete evidence challenging the Tulum claim. They filed a second remand motion two days after receiving a link to the interview.

On 31 August Nine East opposed remand and sought limited discovery into Sterling's domicile. Hours later the plaintiffs lodged a notice of voluntary dismissal under Rule 41(a)(1)(A)(i). A corrected version followed on 1 September.

Allegations, Denials and an Open Filing Window

The suit alleged that Wexner enabled Epstein's abuse by providing money, financial control and access to the Manhattan mansion.

The House Oversight Committee has estimated Epstein obtained $200 million (£148.1 million) from Wexner's finances over more than 15 years they worked together.

Epstein served as a foundation trustee from 1992 to 2007. A 2020 foundation review said it found no evidence he used that role to commit assaults.

A Wexner spokesperson said: 'The complaint, however, fails to state any factual basis for asserting a claim against Mr. Wexner.'

The same statement said he paid Epstein for wealth management services, sold the house years before the alleged abuse, and had no knowledge of Epstein's wrongdoing. Wexner has not been charged.

An amendment to the city law in January opened a filing window that runs through July 2027. Dismissal without prejudice leaves that route available, at least on paper, if the survivors choose to start again in a forum of their choosing.