Epstein Secrets

8-cv-80811-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 11 of 21 . v. Epstein, et al. 1111 the standard of pleading as established in Twombly, supra, Plaintiff has failed to sufficiently allege the requisite elements of a §2255 claim, thus requiring dismissal; for failure to state a cause

1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely"). In discussing Twombly, the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (111h Cir. 2007), noted - "The Supreme Court's most recent formulat

that the statute is to apply retroactively, and, accordingly, the statute in effect during the time of the alleged conduct is to apply. Landgraf v. USI Film Products, supra, at 1493, ("A statement that a statute will become EFTA00175359 Case 9:08-cv-80811-KAM Document 78 Entered on FLSD Docket 05/08/2009 Pag

e and construed in the light most favorable to the plaintiff. M.T.V. v. DeKalb County Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). In discussing Twombly, the Eleventh Circuit in Watts v. Fla. International Univ., 495 F.3d 1289, 1295 (11th Cir. 2007), noted - "The Supreme Court's most recent formulat

that the statute is to apply retroactively, and, accordingly, the statute in effect during the time of the alleged conduct is to apply. Landoraf v. USI Film Products, supra, at 1493, ("A statement that a statute will become effective on a certain date does not even arguably suggest that it has any application to

not dismiss the complaint if the plaintiff has stated "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007). "A claim has SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EFTA00285671 42 I877DOEC facial plausibility when the

dy occurred versus creating a new cause of action or a new civil remedy. The support for that, your Honor, is the U.S. Supreme Court in Landgraf v. USI Film Products, which I cited in my papers for a different proposition, but it's found at 511 U.S. 244. In that case, your Honor, the U.S. Supreme Court was con