Epstein Secrets

e citation to 28 U.S.C. § 2255 in the Amended Complaint 3 In its opposition, Plaintiff improperly seeks to rely upon a July 10, 2008 letter from A. Marie Villafana, Assistant U.S. Attorney to Plaintiff's counsel. This letter was not referenced in nor attached to the Amended Complaint. It is axiomatic that, at t

o rely upon a July 10, 2008 letter from A. Marie Villafana, Assistant U.S. Attorney to Plaintiff's counsel.

elief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp.. Twombly, 127 S.Ct. at 1964-65 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assump

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); Dura Pharm., Inc. • Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not requir

ment 54 Entered on FLSD Docket 02/12/2009 Page 10 of 12 In its opposition, Plaintiff improperly seeks to rely upon a July 10, 2008 letter from A. 3 Marie Villafana, Assistant U.S. Attorney to Plaintiff’s counsel. This letter was not referenced in nor attached to the Amended Complaint. It is axiomatic that, at

rely upon a July 10, 2008 letter from A. 3 Marie Villafana, Assistant U.S. Attorney to Plaintiff’s counsel.

ief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v. Twombly, 127 S.Ct. at 1964-65 (citations omitted). “Factual allegations must be enough to raise a right to relief above the speculative level on the assumpt

nt and to investigate and prosecute Mr. Epstein and others for federal offenses. Sincerely, Jeffrey H. Sloman Acting United States Attorney By: A. Marie Villafana Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division Roy Black, Esq. (via electronic mail) Ca< Sta C4.$0736 CV-MARRA P

man Acting United States Attorney By: A. Marie Villafana Assistant United States Attorney cc: Karen Atk

a suspicion of a legally cognizable right of action,'" Hell Atlantic Corn. 1 Twomblv, 550 U.S. 544, 555 (2007), and just last week made clear that "Twombly expounded the pleading standard for 'all civil actions' and not just pleadings made in the context of an antitrust dispute," Ashcroft'. Iqbal No. 0

8-cv-80119-KAM Document 49 Entered on FLSD Docket 10/31/2008 Page 7 of 11 convicted of an enumerated offense.” (See July 10, 2008 letter from A. Marie Villafaña, Assistant U.S. Attorney, attached hereto as Exhibit “A”). Defendant also attempts to make much of a typographical error that appears in Count II

ounts I and III. According to Defendant, the pleadings in this case do not satisfy “the standard of pleading” established in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007). In making this argument, Defendant would extend Twombly well beyond its intended scope. Twombly was an antitrust consp