Document Mentions (4 shared documents)

EFTA00187391

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Ivan Fisher represented by G. Robert Gage, Jr. (See above for address) LEAD ATTORNEY Date Filed # Docket Text 11/04/1996 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ WAIVED (USA). (ricm) (Entered: 11/06/1996) 11/04/1996 Magistrate Judge Ellis is so De

r the plain- tiffs to amend their pleadings. I. FACTUAL AND PROCEDURAL BACKGROUND In their amended complaint, Jeffrey E. Epstein ("Epsteinn and Financial Trust Company, Inc. ("Fr) (collectively "plain- tiffs") allege that Citibank, N.A. ("Citi- bank") and Citigroup, Inc. ("Citigroup"I [collectively "defendants"] misrepre

itch book" referenced in the amended complaint is the document that plaintiffs rely on is a disputed fact that precludes a Rule 12(bX6) dismissal. Financial Trust Co., 268 F.Supp.2d at 572. Nothing in any of the briefs have convinced me that the parties do not dispute which pitch book Epstein received, what disc

ed to meet Federal Rule of Civil Proce- dure 9(b)'s heightened pleading standard. I did, however, grant the plaintiffs leave to amend the complaint Financial Trust Co.' Citibank, 268 F.Supp.2d 661 (D.Vir- gin Islands 2003). H. LEGAL ANALYSIS A. Federal Rule of Civil Procedure 9(b) (1-31 In order to state a viable

EFTA00802452

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nrichment claim is not available where it simply duplicates, or replaces, a conventional contract or tort claim." Id. (citations omitted); see also Simmons v. Ambit Energy Holdings, LLC, No. 503285/2015, 2016 Misc. LEXIS 3954 (Sup. Ct. Oct. 19, 2016). Here, Plaintiffs assert five other causes of action

DISTRICT OF NEW YORK X MARVIN GERBER AND KALMA KOENIG, : on behalf of themselves and all others similarly : situated, Plaintiffs, -against- THE FINANCIAL TRUST COMPANY, XYZ CORPORATION, ABC, INC., and JEFFREY E. EPSTEIN, Defendants. X Index No. 1:18-cv-07580-JPO DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEI

EFTA00307081

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ervices, Inc., R Pearlitha Williams and Josephine Simmons Plaintiff: Jeffrey E. Epstein Defendants & Co

ocket/case number, names of any other parties to the suit, nature of suit, disposition and date of disposition of suit. DATE: October 25, 2011 1. Financial Trust Company, Inc. vs. Citibank, N.A. Plaintiff: Financial mist Company, Inc. Defendant Citibank, N.A. & counterclaim Plaintiff Date lawsuit filed: June 11, 2002