Epstein Secrets

Case 9:08-cv-80893-KAM Document 87 Entered on FLSD Docket 06/12/2009 Page 2 of 26 Doe v. Epstein Page No. 2 action,'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007), and just recently made clear that "Twombly expounded the pleading standard for "'all civil actions'" and not just "pleadi

y consistent with' a defendant's liability, it `stops short of the line between possibility and plausibility of 'entitlement to relief.') (gtiontgi Twombly, 550 U.S. at 557 (alteration in original)). Indeed, Twombly itself supplies an excellent parallel to this case. In that case, plaintiffs alleged th

wire and mail fraud occurred over 21-month period); Cofacredit. S.A. v. Windsor Plumbing SupnlY Co., 187 F.3d 229, 242 (2d Cir.1999) (stating that the Second Circuit "has never held a period of less than two years to constitute a `substantial period of time' "); Hughes v. Consol-Pennsylvania Coal Co. 945 F.2d 59

raud based claims, it also fails to meet the more relaxed pleading standards set forth by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007) and Ashcroft v. Igbal, 129 S.Ct. 1937 (2009). These two decisions set forth the basic requirements for pleading a claim. As

iff's Section 1595 is that she was being fraudulent induced to engaged in commercial sex, the heightened pleading standard of Rule 9(b) applies. As the Second Circuit explained this standard: Rule 9(b) requires that, in alleging fraud or mistake, a party must state with particularity the circumstances constitutin

he court noted that the truth of defendant's letter was irrelevant. Instead, the letter was privileged because it amounted 5 Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. lqbal, 556 U.S. 662 (2009). 6 Not surprisingly, Plaintiff does not cite to a single federal authority post Twombly

special damages, and the defamation claim should be dismissed. B. Ms. Maxwell's Statement2 In Context Is Not Defamatory As to defamation claims, the Second Circuit holds "it is for the court to determine in the Plaintiff apparently has abandoned any claim concerning the January 4 oral statement attributed to Ms

2013) 7 Armstrong v. Simon & Schuster, Inc., 625 N.Y.S.2d 477 (1995) 7 Ashcroft v. lqbal, 129 S. Ct. 1937, 1949 (2009) 6 Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) 7 Biro v. Conde Nast, 883 F.Supp.2d 441, 457 (S.D.N.Y. 2012) 7, 12 Caplan v. Winslet, 218 A.D.2d 148, 153 (1st Dep't 19

ges as any other "statement." Nor has Plaintiff demonstrated that the self-defense privilege was "abused" so as to remove the defense. According to the Second Circuit (interpreting New York law), once the defendant has proved that she is entitled to a qualified privilege, there arises a rebuttable presumption of

78 Brad Edwards, Esq. May 15, 2017 Page 3 Steptoe ccc ot a toottsiTto tto statutes it is relying on. Finally, the Complaint fails to meet the Twombly/Iqbal standard for pleading any claim in federal court. A. The Complaint Fails to Plead Fraud Plaintiff's claim that the Defendants used "fraud" t

Corp., 711 F.3d 353, 359 (2d Cir. 2013) (Rule 9(b) "standard also applies to allegations of fraudulent predicate acts supporting a RICO claim"). As the Second Circuit explained: Rule 9(b) requires that, in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mis

fraud based claims, it also fails to meet the more relaxed pleading standards set forth by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007) and Ashcroft v. Igbal, 129 S.Ct. 1937 (2009). These two decisions set forth the basic requirements for pleading a claim. As

Corp., 711 F.3d 353, 359 (2d Cir. 2013) (Rule 9(b) "standard also applies to allegations of fraudulent predicate acts supporting a RICO claim"). As the Second Circuit explained: Rule 9(b) requires that, in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mis