Epstein Secrets

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

bringing about a harmful or offensive contact or apprehension thereof." McDonald v. Ford 223 So.2d 553, 555 (Fla. 2nd DCA 1969), quoting 3 Flalur., Assault and Battery, § 3. A battery consists of the infliction of a harmful or offensive contact upon another with the intent to cause such contact or the apprehension that

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

ringing about a harmful or offensive contact or apprehension thereof.' McDonald I. Ford, 223 So.2d 553, 555 (Fla. 2n° DCA 1969), quoting 3 Fla.Jur., Assault and Battery, § 3. Assault is defined as an intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward another under suc

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

ringing about a harmful or offensive contact or apprehension thereof.' McDonald I. Ford, 223 So.2d 553, 555 (Fla. 2n° DCA 1969), quoting 3 Fla.Jur., Assault and Battery, § 3. Assault is defined as an intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward another under suc