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nsel of record identified on the following Service List in the manner specified by CM/ECF on this sth day of October 2008: Adam D. Horowitz, Esq. Jeffrey Marc Herman, Esq. Stuart S. Mermelstein, Esq. 18205 Biscayne Boulevard Suite 2218 Miami. L 60 Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A

o state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a legal unit, or a

sel of record identified on the following Service List in the manner specified by CM/ECF on this 61h day of October, 2008: Adam D. Horowitz, Esq. Jeffrey Marc Herman, Esq. Stuart S. Mermeistein, Esq. 18205 Biscayne Boulevard Suite 2218 60 Fax: ahorowitzehermanlaw.com jhermanehermanlaw.com Iriveraehermanlaw

o state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a legal unit, or a

ff Jane Doe LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Adam D. Horowitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Marc Herman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart S. Mermelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICE

o state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a legal unit, or a