MEMORANDUM DECISION AND ORDER Plaintiffs Joshua Ardolf, Jacob Madden, Jnana Van Oijen, Anthony Baldwin, and Buddy Krueger bring this action against Defendant Bruce Weber for violations of the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. §1591, under which a civil private right of action exists, 18 U.S.C. §1595. (See First Am. Compl. (“FAC”), ECF No. 36.) Specifically, Plaintiff Krueger alleges that Defendant, a fashion photographer, used his power in the male modeling industry to fraudulently entice and forcefully engage him into abusive commercial sex acts during two separate photoshoots. (See id.
1, 45-56, 84-104.) Defendant moves for summary judgement pursuant to Federal Rule of Civil Procedure 56, seeking dismissal Plaintiff Krueger’s complaint on the grounds that it is barred by the applicable statute of limitations. (Notice of Mot., ECF No. 82.) Defendant’s motion for summary judgment is GRANTED. I. FACTUAL BACKGROUND A. Defendant Bruce Weber. According to FAC, Defendant “was the most powerful and influential fashion photographer in the made modeling industry” who was “hired by magazines, designers, brands, and other clients to manage and control the entire casting process and directing of photoshoots and other modeling campaigns. (FAC 12, 14.) Because of Defendant’s prominence and popularity, aspiring male models would covet a spot in Defendant’s photoshoots. (Id. 18, 22.) B. Incident One. Plaintiff, a professional male model, alleges that in the fall of 2008, he was invited to an Abercrombie & Fitch photoshoot in Florida of which Defendant was in charge (hereinafter “Incident One”). (Id. 46.) At the photoshoot, Defendant allegedly got alone with Plaintiff and began to engage in a “fraudulent ‘breathing exercise’” in which Defendant “put his hand on [Plaintiff's] chest and then lowered and lowered his hand until [his] hands were fondling [Plaintiff's] genitals.” (Id. 47.) Plaintiff further asserts that “[a]s the molestation took place, [Defendant] said to [him] ‘just relax and you’ll go far in this industry,’” which Plaintiff understood to mean that if he permitted Defendant to sexually molest him, Defendant would assist with his career in the male modeling industry. (Id. 48.) In response to interrogatories, Plaintiff swore that Incident One in fact occurred on September 9, 2008 at a Ruehl photoshoot where photos were being taken to be used for Abercrombie & Fitch, (Decl. of Daniel L. Brown (“Brown Decl.”), Ex. A (Pl.’s Resp. to Def.’s First Set of Interrog. (“Pl.’s Interrog. Resp.”)), ECF No. 84-1, at 35-36); id, Ex. B (“Pl.’s Dep. Tr.”), ECF No. 84-2, at 62:16-23)), and that it took place at the Tribeca Grand Hotel in New York City rather than in Florida, (Def.’s Local Rule 56.1 Statement of Material Undisputed Facts (“Def.’s 56.1″), ECF No. 86, at 7 (citing Pl.’s Interrog. Resp. at 35); Pl.’s Local Rule 56.1 Counterstatement (“Pl.’s Counter 56.1″), ECF No. 91, at 7). At his deposition, Plaintiff testified that the Ruehl shoot was in July 2008. (Def.’s 56.1
