Epstein Secrets

ions to Epstein's Motion to Compel and/or Identify. This Notice should only be filed in 08-80119, not in all of the Epstein cases.. Signed by Judge Kenneth A. Marra on 5/20/2009. Associated Cases: 9:08-cv-80119-KAM et al. (1c3) (Entered: 05/20/2009) 05/22/2009 15 Clerks Notice of Docket Correction and Instruc

No. 102 v. Epstein Assigned to: Judge Kenneth A. Marra Lead case: 9:08-cv-80119-KAM Member case: (View

claim under §2255. The cases cited by Defendant EPSTEIN do not support a decision by this Court to abstain over what is a purely federal claim. In American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882 (11th Cir. 1990), the District Court dismissed a purely state law claim for equitable subrogation because ther

utory text.2 See also this Court's recent orders on motions to dismiss in other actions filed against EPSTEIN by "Jane Does," Case Nos: 08-CV-80119- MARRA/JOHNSON; 08-CV-80232-MARRA-JOHNSON; and 08-CV-80380-MARRA- JOHNSON; requiring sufficient allegations of predicate acts. A reading of §2422(b) shows

resumption of concurrent jurisdiction. Id.' Because concurrent jurisdiction exists over this federal claim, the six factor analysis as discussed in American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882, 884 (11th Cir. 1990), applies in determining whether the exceptional circumstances exist requiring dismissal

EIN, and Defendants. ) CASE NO.: 09-80469-CIV-MARRA ) ) ) ) ) ) ) ) ) PLAINTIFF'S AMENDED'

claim under §2255. The cases cited by Defendant EPSTEIN do not support a decision by this Court to abstain over what is a purely federal claim. In American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882 (111" Cir. 1990), the District Court dismissed a purely state law claim for equitable subrogation because the