Epstein Secrets

fliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Jur.2d Assault §1. With the standard of pleading established in Twombly supra, in the context of the elements for assault and battery, Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(6

ed on FLSD Docket 10/14/2008 Page 6 of 9 Case No. CV-80993-Hurley/Hopkins Page No. 6 a formulaic recitation of the elements of a cause of action. Twombly, supra. Plaintiff is required to allege the facts of what EPSTEIN said and did, if anything, to create fear and apprehension of imminent peril in P

egal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement o

06/2008 Page 9 of 10 Case No. CV-80119-Marra-Johnson Page No. 9 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and III, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Pl

egal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller Federal Practice and EFTA00221997 Case 9:08-cv-80119-KAM Document 46 Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4

06/2008 Page 9 of 10 Case No. CV-80119-Marra-Johnson Page No. 9 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and III, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Pl

egal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller Federal Practice and EFTA00222746 Case 9:08-cv-80119-KAM Document 46 Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4