Epstein Secrets

rida Statute 796.09. Defendant seeks dismissal of Counts II and IV of the Amended Complaint or, alternatively, moves for a more definite statement. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in a complaint as

plaintiffs claim is and 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

riate for a motion to dismiss, and the pleadings at issue provide Defendant with sufficient notice of the underlying factual bases for the claims. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in a complaint as

cv-80469-KAM Document 57 Entered on FLSD Docket 08/11/2009 Page 4 of 9 Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that do

et 12/10/2009 Page 6 of 9 provide Defendant with sufficient notice of the underlying factual bases for the claims raised in the thirty-one counts. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in a complaint as

plaintiffs claim is and 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, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that do

iff contends that the specific facts sought by Defendant may properly be the subject of discovery, but are not necessary for purposes of pleading. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in a complaint as

he plaintiffs claim is and the grounds upon which it rests." Swierkiewicz Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. I. 5 EFTA00222022 Case 9:08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 6 of 12 Twombly, 127 S.Ct. 1955, 1964 (2007); Dur

iff contends that the specific facts sought by Defendant may properly be the subject of discovery, but are not necessary for purposes of pleading. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all factual allegations in a complaint as

he plaintiffs claim is and the grounds upon which it rests." Swierkiewicz Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. I. 5 EFTA00222486 Case 9:08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 6 of 12 Twombly, 127 S.Ct. 1955, 1964 (2007); Dur

orida Statute 796.09. Defendant seeks dismissal of Counts H and IV of the Amended Complaint or, alternatively, moves for a more definite statement. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(bX6), a court must accept all factual allegations in a complaint as

laintiff's claim is and 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. Twomblv, 550 U.S. 544, 545 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does

orida Statute 796.09. Defendant seeks dismissal of Counts H and IV of the Amended Complaint or, alternatively, moves for a more definite statement. Standard of Review In deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(bX6), a court must accept all factual allegations in a complaint as

laintiff's claim is and 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. Twomblv, 550 U.S. 544, 545 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does