Epstein Secrets

racts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of good faith and fair dealing, citing Neal & Co. I. United States, 36 Fed. Cl. 600 (1996), affd, 121 F.3d 683 (Fed.Cir.1997). The requirement of good faith and fair dealing, they argue, prohibits OFM from withholdi

ter that federal law should apply, there is no federal statutory or common law governing landlord-tenant relations. Federal law should apply because the United States is a party. I have jurisdiction over this action based on 28 U.S.C. s 1345 and the FMA, 22 U.S.C. s 4301 et seq. The subject matter of this action i

ion is not returnable until April 20, 1998. Soffer, however, can have no greater rights than Fisher. Hence, the Government's motion is granted as to Soffer as well. Of course, if Soffer believes he has some basis for arguing that he has greater rights than Fisher has, he may make a motion for reconside

isher & Sophir, D. Gerzog, Robert Heilbrun, Suzanne McDermott, Christopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausik, Defendants. No. 96 CIV. 8307(DC). United States District Court, S.D. New York. April I, 1998. Mary Jo White, Esq., United St

ter that federal law should apply, there is no federal statutory or common law governing landlord-tenant relations. Federal law should apply because the United States is a party. I have jurisdiction over this action based on 28 U.S.C. s 1345 and the FMA, 22 U.S.C. s 4301 et seq. The subject matter of this action i

. On March 13, 1998, after the Government submitted its motion, Diane Fisher executed the stipulation and order, also agreeing to be bound. To date, Soffer still has not executed the stipulation. Hence, the Government's motion for summary judgment against the Subtenants is still pending with respect to

Sophir, Lawrence D. Gerzog, Robert Heilbrun, Suzanne McDermott, Christopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausik, Defendants. No. 96 CIV. 8307(DC). United States District Court, S.D. New York. April I, 1998. Mary Jo White, Esq., United St

confidential information governed by the protective order to other government agencies for the purpose of enforcing the criminal or civil laws of the United States. Thus, the Government seeks to reserve the right to use confidential information produced by Fisher in this case in unrelated civil or criminal ma

ce of parties and witnesses and in interest of justice bears burden of estab- lishing by preponderance of evidence that transfer is necessary. 28 U.S.C.A. § 1404(a). 6. Federal Courts 6=101, 103, 105 Although trial judge is afforded great discretion in deciding motion to transfer for convenience of

he Govenune attention S on Softer by telecopying a copy to his and by sending a copy by Federal Express or overnight mail to the attention of Mr. Soffer at 34 East 69th Street, NY, NY as soon as it is received by counsel for the Government (signed by Judge Denny Chin) (djc) (Entered: 04/13/1998) 04

ter that federal law should apply, there is no federal statutory or common law governing landlord-tenant relations. Federal law should apply because the United States is a party. I have jurisdiction over this action based on 28 U.S.C. s 1345 and the FMA, 22 U.S.C. s 4301 et seq. The subject matter of this action i

ophir, Lawrence D. Gerzog, Robert Heilbrun, Suzanne McDermott, Christopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausik, Defendants. No. 96 CIV. 8307(DC). United States District Court, S.D. New York. April 1, 1998. Mary Jo White, Esq., United St

On March 13, 1998, after the Government submitted its motion, Diane Fisher executed the stipulation and order, also agreeing to be bound. To date, Soffer still has not executed the stipulation. Hence, the Government's motion for summary judgment against the Subtenants is still pending with respect to

the Foreign Missions Act ("FMA"), ss& 22 U.S.C. §§ 4302(a)(3)-(4), the Vienna Convention on Consular Relations ("VCCR"), a bilateral treaty between the United States and Iran. See 21 U.S.T. 77, 596 U.N.T.S. 261, TIAS 6820, art. 27(a)(a). Following the severance of diplomatic ties between the United States and Ira

isher Group occupies the premises and apparently uses them to conduct business as a real estate salesperson ( see Nakano Dec., Exhs. C-D). Moreover, Soffer uses the premises as a business address and has registered the premises as his office with the New York State Office of Court Administration for at

ign policy concerns and issues of reciprocity among nations. See id . The FMA defines a "foreign mission" as "any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by ... a foreign go

sher & Sophir ("Fisher & Soifer") is a general partnership with a business address at 34 East 69th Street, New York, New York. Defendants Fisher and Soffer are partners in EFTA00204742 Fisher & Soifer. Fisher & Soifer is named as a defendant because it is an unapproved occupant of the Premises; has a

the Foreign Missions Act ("FMA"), ss& 22 U.S.C. §§ 4302(a)(3)-(4), the Vienna Convention on Consular Relations ("VCCR"), a bilateral treaty between the United States and Iran. See 21 U.S.T. 77, 596 U.N.T.S. 261, TIAS 6820, art. 27(a)(a). Following the severance of diplomatic ties between the United States and Ira

isher Group occupies the premises and apparently uses them to conduct business as a real estate salesperson ( see Nakano Dec., Exhs. C-D). Moreover, Soffer uses the premises as a business address and has registered the premises as his office with the New York State Office of Court Administration for at

4311(a). 24. The Secretary of State (the "Secretary") is empowered under the FMA to determine the treatment to be accorded to a foreign mission in the United States. Id. § 4301(c); see § 4302(a)(6). The FMA provides that "a denial by the Secretary involving a benefit of a foreign mission within the jurisdiction

Ron Soffer ("Soffer") is a resident of both the State of New York and France, with a business address at 34 East 69th Street, New York, New York. Soffer is named as a defendant because he is an unapproved occupant of the Premises; has availed herself of the use and benefits of the Premises; and has o

e Nakano Dec. ¶ 8 & n.2; Exh. G thereto). ARGUMENT THE PRESENT RESPONDENTS SHOULD BE EJECTED FROM THE PREMISES Under the Foreign Missions Act, "[t]he United States, acting on its own SONY_GM_02742790 EFTA _00229439 EFTA01325005 behalf or on behalf of a foreign mission, has standing to bring ... an action to

isher Group occupies the premises and apparently uses them to conduct business as a real estate salesperson (see Nakano Dec., Exhs. C-D). Moreover, Soffer uses the premises as a business address and has registered the premises as his office with the New York State Office of Court Administration for at