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the burden of establishing federal jurisdiction under § 1441 rests with the party seeking removal. Carson'. Dunham. 121 U.S. 421, 425 (1887); Diaz, Sheppard, 85 F.3d 1502, 1505 (11th Cir. 1996). The right of removal is strictly construed, as it is considered a federal infringement on a state's power to
O04-KAM Document _ Entered FLSD Docket 10/03/.. J8 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80804-OV-MARRA/JOHNSON JANE DOE, a/k/a JANE DOE NO. 1, Plaintiff, 1. JEFFREY EPSTEIN, , and Defendants. OPINION AND ORDER REMANDING CASE TO STATE COURT THIS CAUSE
id not offer or advise Shep- pard of other railroad employment upon his release following the change in A&EC ownership. Soon after his dis- charge, Sheppard learned from an inde- pendent source of an open job as spike puller with an A&EC labor gang out of Morehead City. lie had worked out of New Bern w
Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd, Chicago, Illi- nois, for Appellant. Chad McGowan, S. Randall Hood, McGowan, Hood, Felder & Johnson, Rock Hill, South Carolina; Randall M. Eason, Bagnell & Eason, L.L.C., Lancaster, South Carolina, for Ap- pellees. Before WIDENER, LUTTIG, and
he therefore needed a favor from her. Scott wanted her to make some money by prostituting herself, and he gave Frey condoms and sent her out with Sheppard and Riebesehl. The three all engaged in sexual intercourse for money, and upon her return to the motel Frey gave Scott all of the money she made.
presumption is established, the burden is then placed on the defendant to produce countervailing evidence that forms a basis for his... 7. U.S.'. Johnson, Slip Copy, 2007 WL 171254I„ E.D.Mich., June 13, 2007(No. 07-CR-30292.) ...I3, 2007. Janet L. Parker U.S. Attorney's Office , Bay City, MI, for Plai
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