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

permission to file a motion seeking partial summary judgment against the Subtenants. By stipulation and order dated March 5, 1998, all of the named Subtenants, except for Diane Fisher d/b/a The Fisher Group and Ron Soffer, agreed to be bound by any order I entered with respect to Fisher's right to occupy

istopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soifer, and Carmen Tausik (collectively, the "Subtenants"). The Subtenants were added as defendants after the Government learned that Fisher had sublet to them without consent of OFM. Epstein and Fisher oppose ejectment on

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

rmission to file a motion seeking partial summary judgment against the Sub- tenants. By stipulation and order dated March 6, 1998, all of the named Subtenants, except for Diane Fisher &Wa The Fisher Group and Ron Softer, agreed to be bound by any order I entered with respect to Fish- er's right to occupy

premises to Fisher, and (2) 0FM did not properly terminate Epstein's lease be- Ron Soifer, and Carmen Tausik (collectively, the -Subtenants"). The Subtenants were added as defendants after the Government learned that Fisher had sublet to them without consent of OFM. EFTA00187392 406 27 FEDERAL SUPPL

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

permission to file a motion seeking partial summary judgment against the Subtenants. By stipulation and order dated March 5, 1998, all of the named Subtenants, except for Diane Fisher d/b/a The Fisher Group and Ron Soffer, agreed to be bound by any order I entered with respect to Fisher's right to occupy

istopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausik (collectively, the "Subtenants"). The Subtenants were added as defendants after the Government learned that Fisher had sublet to them without consent of OFM. Epstein and Fisher oppose ejectment on

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

permission to file a motion seeking partial summary judgment against the Subtenants. By stipulation and order dated March 5, 1998, all of the named Subtenants, except for Diane Fisher d/b/a The Fisher Group and Ron Soffer, agreed to be bound by any order I entered with respect to Fishers right to occupy t

stopher H. Martin, Jesse Siegel a/k/a Jessie Siegel, Siegel, Martin & Heilbrun, Ron Soffer, and Carmen Tausik (collectively, the "Subtenants"). The Subtenants were added as defendants after the Government learned that Fisher had sublet to them without consent of OFM. Epstein and Fisher oppose ejectment on

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

e, the validity of which the Government disputes, Epstein did not consent to the use and occupancy of the Premises by Fisher's Subtenants. Fisher's Subtenants hold and continue in possession of the Premises without the Government's permission or consent. On or about November 18, 1997, the Government sent

RNATIONAL TREATIES AND STATUTORY SCHEMES A. The Foreign Missions Act of 1982 1. Pursuant to the FMA, 22 U.S.C. § 4301 et seq ., "the operation in the United States of foreign missions ... is a proper subject for the exercise of Federal jurisdiction." Id . § 4301(a). The FMA provides, inter alia , that "it is th

validity of which the Government disputes, Epstein did not consent to the use and occupancy of the Premises by Fisher's Subtenants. 14. Fisher's Subtenants hold and continue in possession of the Premises without the Government's permission or consent. 15. On or about November 18, 1997, the Government

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

e validity of which the Government disputes, Epstein did not consent to the use and occupancy of the Premises by Fisher's Subtenants. 50. Fisher's Subtenants hold and continue in possession of the Premises without the Government's permission or consent. 51. On or about November 18, 1997, the Govemment s