Epstein Secrets

ismissal for failure to state a cause of action. Supporting Memorandum of Law Rule 12 b 6 Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp. V. Twomblv, 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief t

, 127 S.Ct. at 1965). As jurisdiction is based on diversity, it is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. v. Tompkins 58 S.Ct. 817 (1938). On its face, Count I completely fails to allege either the necessary elements of any cause of action or the neces

KAM Document 7 Entered on FLSD Docket 10/14/2008 Page 3 of 9 Case No. CV-80993-Hurley/Hopkins Page No. 3 As established by the Supreme Court in Bell Atlantic Corp. V. Twombly 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief th

s failed to state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. v. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a leg

missal for failure to state a cause of action. Supporting Memorandum of Law Rule 12(b)(61 Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp. V. Twomblv, 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief t

, 127 S.Ct. at 1965). As jurisdiction is based on diversity, it is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. v. Tompkins, 58 S.Ct. 817 (1938). On its face, Count I completely fails to allege either the necessary elements of any cause of action or the nece