Epstein Secrets

09/23/2008 a ORDER denying as moot 31 Motion to Dismiss; denying as moot 9 Motion for Extension of Time to Respond to Complaint. Signed by Judge Kenneth A. Marra on 9/23/08. (ir) (Entered: 09/23/2008) 09/25/2008 39 SCHEDULING REPORT- Rule 26(O. (Herman, Jeffrey) (Entered: 09/25/2008) https://ecf.flsd.uscou

e No. 3 v. Epstein Assigned to: Judge Kenneth A. Marra Lead case: 2:flasaAhd Member case: (View Member

of her claims. Supporting Memorandum of Law Standard on Rule 12(b)(6) Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp. I. Twombly, 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead "enough facts to state a claim to relief that is plau

oe No. 5'. Epstein Assigned to: Judge Kenneth A. Marra Lead case: 9:08-cv-80119-KAM Member case: (View

09/23/2008 42 ORDER denying as moot 4.5 Motion to Dismiss; denying as moot 12 Motion for Extension of Time to Respond to Complaint. Signed by Judge Kenneth A. Marra on 9/23/08. (ir) (Entered: 09/23/2008) 09/25/2008 51). SCHEDULING REPORT- Rule 26(1). (Herman, Jeffrey) (Entered: 09/25/2008) 09/30/2008 51. SCH

avorable to the plaintiff. . DeKalb County Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). Significantly, the Supreme Court in Bell Atlantic Corp. I. Twombly abrogated the often cited observation that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that th

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

onley.. Gibson, 355 U.S. at 47. For a claim to state a cause of action however, facts, not labels and conclusions must be asserted. Bell Atl. Corp. I. Twombly 550 U.S. 544 (2007) II. ARGUMENT Point 1. Plaintiff has every right to proceed in State court for a Florida common law claim, and in this Court