EFTA00222862Dataset 9
2009-05-2211p3,370w
…filed state action arising from the same factual allegations requiring dismissal of the federal action. (MOL, pp. 2 - a First and foremost, contrary to Plaintiffs assertion that Defendant's argument regarding jurisdiction is "frivolous" is without basis. As discussed in Defendant's motion, Plaintiff chose to file a prior action based on the identical underlying facts in state court. It makes no sense for two actions — involving the same parties, witnesses, evidence, etc., to proceed separately in two separate forums…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00222862.pdf
EFTA00725633Dataset 9
2009-06-2610p2,913w
…Pleading of Multiple Counts Under 18 U.S.C. § 2255 Is Proper. In his motion, Defendant argues that the multiple counts of the FAC should be merged into a single count. Defendant improperly asserts: Contrary to Plaintiffs attempt to multiply her recovery by asserting six separate counts, [18 U.S.C.] § 2255, creates a single cause of ac- tion with a single penalty for all violations of a predicate offense, not separate causes of action and separate recoveries on a…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00725633.pdf
EFTA00584603Dataset 9
2008-07-1121p5,110w
…Because neither Mr. Epstein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918), and, contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was commenced as an "emergency" petition, Motion at 5, what the plaintiffs…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00584603.pdf
EFTA00583760Dataset 9
2008-07-1120p5,068w
…Because neither Mr. Epstein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perhnan jurisdiction in this case. While the underlying CVRA action was commenced as an "emergency" petition, Motion at 5, what the plaintiffs neglect…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583760.pdf
EFTA00583454Dataset 9
13p3,972w
…COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE I AND JANE DOE 2, Plaintiffs v. UNITED STATES OF AMERICA, Defendant INTERVENORS' REPLY TO JANE DOE #1 AND JANE DOES #2'S RESPONSE IN OPPOSITION TO INTERVENORS' MOTION TO STAY Intervenors' Motion for Stay Pending Appeal should be granted. Contrary to plaintiffs' contentions, the Eleventh Circuit will have jurisdiction over their appeal from the Court's disclosure order, and the standard for granting a stay…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583454.pdf
EFTA00583780Dataset 9
15p4,660w
…COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE I AND JANE DOE 2, Plaintiffs v. UNITED STATES OF AMERICA, Defendant INTERVENORS' REPLY TO JANE DOE #1 AND JANE DOES #2'S RESPONSE IN OPPOSITION TO INTERVENORS' MOTION TO STAY Intervenors' Motion for Stay Pending Appeal should be granted. Contrary to plaintiffs' contentions, the Eleventh Circuit will have jurisdiction over their appeal from the Court's disclosure order, and the standard for granting a stay…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583780.pdf
EFTA01072076Dataset 9
2013-07-1512p2,731w
…Kornspan & Boston, Massachusetts 02116 Stumpf Tel: (617) 227-3700 201 South Biscayne Boulevard Fax: (617) 338-9538 Suite 1300 [email protected] Miami, Florida 33131 Tel: (305) 371-6421 Fax: (305)358-2006 [email protected] [email protected] EFTA01072076 Case: 13-12923 Date Filed: 07/15/2013 Page: 2 of 12 Contrary to plaintiffs' arguments, the standards governing the issuance of a stay pending appeal are amply satisfied in this case. Absent a stay there will be irreparable injury…
https://www.justice.gov/epstein/files/DataSet%209/EFTA01072076.pdf
EFTA00583886Dataset 9
2013-07-264p1,444w
…subject of litigation at all. Plaintiffs state that they did not object to Mr. Epstein's prospective motion to intervene at the remedy stage because "the issue had not yet been subject to any litigation." Response at 2. The same is true, however, with respect to this limited motion to intervene. EFTA00583886 Contrary to plaintiffs' argument, Response at 4, Epstein did not wait long at all to file his motion to intervene. On the contrary, he filed it on July…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583886.pdf
EFTA00611602Dataset 9
2010-04-1310p2,933w
…C. §2255 (2005). Even if this Court grants summary judgment on the §2255 claim in Count II, various other causes of actions by Plaintiff still remain.' Defendant's Rudy 1. Contrary to Plaintiffs assertion in paragraphs 6 and 7 of her response, Defendant's Statement of Material Facts and Case does not "re-characterize" the allegations of Count II of her First Amended Complaint. In Count II, Plaintiff is attempting to assert a claim pursuant to 18 U.S.C. …
https://www.justice.gov/epstein/files/DataSet%209/EFTA00611602.pdf
EFTA01085256Dataset 9
2010-04-1310p2,952w
…C. §2255 (2005). Even if this Court grants summary judgment on the §2255 claim in Count II, various other causes of actions by Plaintiff still remain.' Defendant's Rudy 1. Contrary to Plaintiffs assertion in paragraphs 6 and 7 of her response, Defendant's Statement of Material Facts and Case does not "re-characterize" the allegations of Count II of her First Amended Complaint. In Count II, Plaintiff is attempting to assert a claim pursuant to 18 U.S.C. …
https://www.justice.gov/epstein/files/DataSet%209/EFTA01085256.pdf
EFTA00221691Dataset 9
2009-01-2612p3,567w
… Donahay v. Palm Beach Tours & trans.. Inc., 242 F.R.D. 685 (S.D. Fla. 2007). Contrary to Plaintiffs assertion, Rule 412 does not automatically result in a determination that such sexual history and sexual activity/behavior information is never admissible. In fact, written into the Rule are the procedures to follow in determining when such information is admissible at trial. The Advisory Committee Notes to Rule 412, Fed.R.Evid, makes clear that the procedures to determine admissibility of…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00221691.pdf
EFTA00209534Dataset 9
2013-07-1225p5,708w
…Epstein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman I. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was commenced as an "emergency" petition, Motion at 5, what the plaintiffs neglect to inform the Court…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209534.pdf
EFTA00209465Dataset 9
2013-07-1225p5,673w
…Epstein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman I. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was commenced as an "emergency" petition, Motion at 5, what the plaintiffs neglect to inform the Court…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209465.pdf
EFTA00801525Dataset 9
2017-11-2219p4,773w
…FAC sufficiently pleads fraud. First, the Opposition does nothing to address the implausibility of Plaintiffs theory that a sophisticated, experienced and educated adult was duped by complete strangers into engaging in commercial sex with the Second, the Opposition fails to address the lack of specificity in the FAC as to when Defendants Contrary to Plaintiffs contention, the District Court did not deem "nonsensical" the argument that the sex trafficking statute was not meant to regulate domestic relationship. Opp. at 9…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00801525.pdf
EFTA01072169Dataset 9
2013-07-1225p5,750w
…Because neither Mr. Epstein nor intervenor-attorneys are parties to the action, this Court, for the reasons addressed herein, has jurisdiction to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was commenced as an "emergency" petition, Motion at 5, what the plaintiffs neglect…
https://www.justice.gov/epstein/files/DataSet%209/EFTA01072169.pdf