Epstein Secrets

for which he cannot realistically or genuinely be expected to be charged with a crime are not subject to Fifth Amendment protection. See Krause v. Rhodes, 390 F.Supp. 1070, 1071-72 (N.D. Ohio 1974). In summary, Epstein has failed to sustain his burden of making a particularized showing to support his

spection. See Johnson v. Mundy Industrial Contractors. Inc., 2002 WL 31464984 *3 (E.D .N.C. 2002) (quotations omitted). 42. As noted by professors Wright & Miller: [lit is clear that the right to discovery is a qualified right that does not extend to making unnecessary and unwarranted excursions onto t

9:08-cv-80811-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 4 of 21 C.M.A. v. Epstein, et al. Page 4 factual allegations"). Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

ht to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure 4 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232. 236. 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

ht to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

ght to relief above the speculative level, see 5 C. Wright & A. Miller Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of a

.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

d.2d 338 (1989) (" Rule 12(bX6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

ht to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("Mlle pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [ofj a legally cognizable right of a

d.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals Ivsed on a judge's disbelief of a complaint's factual allegations"); Scheueri. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

Entered. FLSD Docket 10/ ?008 Page 4 of 10 Case No. CV-80380-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

d.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals ivsed on a judge's disbelief of a complaint's factual allegations"); Scheueri. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote an

ht to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of a

U.S. Dist. LEXIS 59598, 2007 WL 2333193, at *3 (E.D. Ark. Aug. 13, 2007); Yapp v. Union Pac. R.R. Co., 229 F.R.D. 608, 619 (E.D. Mo. Aug. 5, 2005); Rhodes v. Cracker Barrel Old Country Store, Inc., No. Civ.A. 4:99--CV-217--H, 2002 U.S. Dist. LEXIS 25962, 2002 WL 32058462, at *65 (N.D. Ga. Dec. 31, 2002

laintiff performed his own contractual duties. Pub. Serv. Enter. Grp., Inc. v. Philadelphia Elec. Ca, 722 F. Supp. 184, 219 (D.N.J. 1989) (citing 5 Wright & Miller, Federal Practice and Procedure, § 1235 at 189-90). In other words, "when pleading a claim for the breach of an express contract . . . the complain