Epstein Secrets

residing in 2005) and Molyneux (New York), then an agreement between Molyneux and Fancelli (New York). It is respectfully submitted that the law of the State of New York will be operative throughout this litigation on matters sounding in contract and, to a lessor extent, derivative matters of negligence as well. Alt

ack of personal jurisdiction, "the burden falls upon the plaintiff to come forward with sufficient facts to establish that jurisdiction is proper." Mellon Bank (East) PSFS. Nor. Ass'n v. Farino, 960 F.2d 1217, 1223 (3d Cir. 1992); Carteret Say. Bank. F.A. v. Shushan, 954 F.2d 141,142 n. 1 (3d Cir. 1992). "T

laced. In the Amended 1999 Note, the parties stipu- lated only that IOUs note shall be governed by, and construed in accordance with, the laws of the State of New York, including matters of construction, validity and per- formance, without giving effect to princi- ples of conflicts of law .... (Mem. Of Law in Supp

.1987). In response to a 12(6)(2) motion, a party must make a prima facie showing that minimum contacts warranting personal jurisdiction exist.FN3 Mellon Bank (East) PSFS Nat. Ass'n I. Farina, 960 F.2d 1217, 1223 (3d Cir.1992). FN3. The Court notes that although a Plaintiff need only make a prima facie

placed. In the Amended 1999 Note, the parties stipulated only that [t]his note shall be governed by, and construed in accordance with, the laws of the State of New York, including matters of construction, validity and performance, without giving effect to principles of conflicts of law . . . . (Mem. Of Law in Sup

itibank, N.A. Civ. No. 2002-108 Memorandum Opinion Page 9 between the defendant and the forum territory to support in personam jurisdiction, see Mellon Bank (East) PSFS Nat'l Ass'fi v. Farina, 960 F.2d 1217, 1223 (3d Cir. 1992), and the court must accept all of the plaintiff's allegations as true and co