Epstein Secrets

ief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

the grounds upon which it rests." Swierkiewicz v. Sorema N.A. 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545 (2007); Dura Phann., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not require

e accepted as true, the alleged "enterprise" would clearly not act independently of Epstein, the RICO Defendant. See Boca Raton Comm. Hosp. Inc. v. Tenet Healthcare Corp. 502 F.Supp.2d 1237, 1253 (S.D. Fla.2007) (the key to "distinctiveness" depends less on whether the enterprise members are separate in the legal sen

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

only defendant Epstein. . . ." However, the RICO enterprise must be distinct from the RICO defendant person. St. of Fla. Off. of the Atty. Gen. v. Tenet Healthcare Corp., 420 F.Supp.2d 1288, 1305 (S.D.Fla.2005) (citations omitted). "RICO forbids the imposition of liability where the enterprise is nothing more than a

ef' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

accepted as true, the alleged "enterprise" would clearly not act independently of Epstein, the RICO Defendant. See Boca Raton Comm. Hosp.. Inc. v. Tenet Healthcare Corp., 502 F.Supp.2d 1237, 1253 (S.D. Fla.2007) (the key to "distinctiveness" depends less on whether the enterprise members are separate in the legal se

ef' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

accepted as true, the alleged "enterprise" would clearly not act independently of Epstein, the RICO Defendant. See Boca Raton Comm. Hosp.. Inc. v. Tenet Healthcare Corp., 502 F.Supp.2d 1237, 1253 (S.D. Fla.2007) (the key to "distinctiveness" depends less on whether the enterprise members are separate in the legal se