Epstein Secrets

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.

plaintiff's claim is and the grounds upon which it rests.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8); see also Bell Atlantic Corp. v. Case 9:08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 5 of 12 6 Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc

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.

he plaintiffs claim is and the grounds upon which it rests." Swierkiewicz Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. 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); Dur

Case 9:08-cv-80993-KAM Document 11 Entered on FLSD Docket 10/31:2008 Page 8 of 11 convicted of an enumerated offense." July 10, 2008 letter from A. Marie Villafafia, Assistant U.S. Attorney, attached hereto as Exhibit "A"). Defendant also attempts to make much of a typographical error that appears in Count III

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

Case 9:08-cv-80119-KAM Document 49 Entered on FLSD Docket 10/31/2008 Page 8 of 11 convicted of an enumerated offense." July 10, 2008 letter from A. Marie Villafafia, Assistant U.S. Attorney, attached hereto as Exhibit "A"). Defendant also attempts to make much of a typographical error that appears in Count III

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

Case 9:08-cv-80119-KAM Document 49 Entered on FLSD Docket 10/31/2008 Page 8 of 11 convicted of an enumerated offense." July 10, 2008 letter from A. Marie Villafafia, Assistant U.S. Attorney, attached hereto as Exhibit "A"). Defendant also attempts to make much of a typographical error that appears in Count III

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