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"H. LEGAL STANDARD"
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EFTA01114241
Dataset 9
9p
2,549w
…Inc., et at Civil Case No. 2010/443 Opposition to Motion to Dismiss Cross-Claims Page 3 of 9 Based on all of these factual allegations, Fancelli has sufficiently stated claims for declaratory judgment and indemnity against Molyneux.
H
.
LEGAL STANDARD
In considering a motion to dismiss under Rule 12(b)(6), a court must take all well pleaded facts in the complaint as true and view them in the light most favorable to the plaintiff. See Jenkins v. McKeithen…
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114241.pdf
EFTA01325008
Dataset 10
1998-04-01
12p
6,480w
…Kerin, 116 F.3d at 991. I agree with the Seventh Circuit's conclusion, for two reasons. First, although Epstein and Fisher argue that a federal rule should be created to promote the creation of a uniform body of law in landlord-tenant disputes involving the Government, there is no "distinct need" for a nationwide
legal standard
or a uniform national rule. See Kamen, 500 U.S. at 98. Landlord- tenant law traditionally has been a matter of state law…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01325008.pdf
EFTA00187391
Dataset 9
1998-03-31
93p
40,205w
…a federal rule should be created to pro- mote the creation of a uniform body of law in to have unfettered discretion in deciding who occupies its property. Given the sensitive landlord-tenant disputes involving the Gov- political considerations that often come into ernment, there is no "distinct need" for a play when governmental property, such as nationwide
legal standard
or a uniform na- the property here in issue owned by Iran, is tional rule. See Kamen, 500 U.S…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00187391.pdf
EFTA00223050
Dataset 9
1997-12-17
11p
6,447w
…116 F.3d at 991. I agree with the Seventh Circuit's conclusion, for two reasons. First, although Epstein and Fisher argue that a federal rule should be created to promote the creation of a uniform body of law in landlord-tenant disputes involving the Government, there is no "distinct need" for a EFTA00223057 nationwide
legal standard
or a uniform national rule. See Kamen, 500 U.S. at 98. Landlord- tenant law traditionally has been a matter of state law…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00223050.pdf
EFTA00204759
Dataset 9
1997-12-17
8p
6,452w
…Kerin, 116 F.3d at 991. I agree with the Seventh Circuit's conclusion, for two reasons. First, although Epstein and Fisher argue that a federal rule should be created to promote the creation of a uniform body of law in landlord-tenant disputes involving the Government, there is no "distinct need" for a nationwide
legal standard
or a uniform national rule. See Kamen, 500 U.S. at 98. Landlord- tenant law traditionally has been a matter of state law…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00204759.pdf
EFTA00100685
Dataset 9
2019-10-16
16p
10,633w
…at ¶ 75). happened" but Dershowitz asserted that Ms. had "made an honest mistake and had confused [Dershowitz] with another friend of Mr. Epstein." (Id.) Boies says that Dershowitz "was never able to substantiate his assertions" and that the Firm was "increasingly uncovering evidence that was conha Dershowitz's assertions and II.
Legal Standard
supportive of M rt." (Id. at ¶ 7). The Complaint alleges that Dershowitz said on December 2, 2018 that he was "deliberately framed for financial a. Motion to…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00100685.pdf
EFTA00724224
Dataset 9
2009-12-09
45p
12,401w
…returned Paul Schwartz — f. Two letters and two voicemails for United States Attorney never returned a call or responded to letters; and r returned call. g. Voicemail for United States Attorney Jeff Kaplan — neve
Legal Standard
- Setting Aside Default establish (1) 16. It is axiomatic that a party moving to set aside a default must neglect in failing to due diligence in moving to set aside the default; (2) excusable the allegations of the respond to the complaint; and (3)…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00724224.pdf
EFTA01372143
Dataset 10
1p
560w
…Dist. LEXIS 97188, * A.
Legal standard
Federal Rule of Civil Procedure 23(
h
) provides that, "[i]n a certified class action, the court may award reasonable attorney's fees that are authorized by law or by the parties' agreement." Fed. R. Civ. P. 23(
h
). A "thorough judicial r59] review of fee applications is required in all class action settlements." GM Truck Prods., 55 F.3d at 819. "Determining an appropriate award is not an exact science," and the "facts…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01372143.pdf
EFTA00026735
Dataset 8
2020-08-19
6p
2,694w
…Program but has not yet submitted such a claim. EFTA00026736 Case 1:20-cv-00484-JGK-DCF Document 69 Filed 08/19/20 Page 3 of 6 Hon. Debra Freeman August 19, 2020 Page 3
Legal Standard
"[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Louis Vuitton Malletier S.A…
https://www.justice.gov/epstein/files/DataSet%208/EFTA00026735.pdf
EFTA01594110
Dataset 10
2011-08-29
9p
680w
…EFTA01594115 CORPORATE RECORDS Florida Secretary of State Corporate Filing Business Information Filing Number: L10000128558 Name: ELLMAX, LLC Name Type:
LEGAL STANDARD
MAILING Address: -1331 ORIGINAL MAILING Address: r- PRINCIPAL Address: SUITE 7D Business Type: FLORIDA LIMITED LIABILITY Status: ACTIVE Place Incorporated: FLORIDA Date Incorporated: 12/15/2010 Foreign/Domestic: DOMESTIC Registered Agent Name: CT CORPORATION SYSTEM Title: REGISTERED AGENT Re istered A ent Address Officers Name: MAXWELL, G Title:MEMBER MANAGER Contact Type:MEMBER/MANAGER/PARTNER Status:ACTIVE Standard Address: …
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01594110.pdf
EFTA01594133
Dataset 10
2009-11-30
23p
2,566w
…ASSETS: USD 24,509 INCOME: USD 190 LAST MODIFIED: January 9, 2009 LOAD-DATE: November 26, 2009 Copyright o 2007 LexisNexis, EFTA01594139 a division of Reed Elsevier Inc. All rights reserved. EFTA01594140 CORPORATE RECORDS New York Secretary of State Corporate Filing Business Information Filing Number: Name: MAX FOUNDATION Name Type:
LEGAL STANDARD
PROCESS ADDRESS: 220 SUNRISE HWY STE 121 ROCKVILLE CENTRE, NY 11570-4901 ORIGINAL PROCESS ADDRESS: SUITE 121, 220 SUNRISE HIGHWAY ROCKVILLE CENTRE NY 11570 Business Type: DOMESTIC NOT…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01594133.pdf
EFTA00792569
Dataset 9
39p
7,774w
…BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY SORA AND FEDERAL CONSTITUTIONAL LAW. 10 A. The District Attorney's Office Rejected the Board Recommendation As Unreliable Following Several Months of Investigation and Deliberation Prior to the SORA Hearing. 11 B. The District Attorney's Office Appropriately Applied the Governing
Legal Standard
, As Set Forth by SORA and Its Guidelines, For Assessing Appellant's Risk Level Based on Uncharged Allegations. 16 C. By Their Improper Attempt to Introduce New Arguments and …
https://www.justice.gov/epstein/files/DataSet%209/EFTA00792569.pdf
EFTA01026367
Dataset 9
2018-08-30
3p
798w
From:
"Jeffrey E." <
[email protected]
>
To:
Lawrence Krauss ale
…narrow the definition of sexual harassment, holding schools accountable only for formal complaints filed through proper authorities and for conduct said to have occurred on their campuses. They would also establish a higher
legal standard
to determine whether schools improperly addressed complaints. Read More AMERTIE•EMENT LA 1/4 2 EFTA01026368 sorow NYTtees Fi FACESIOCK T„ geyamas Get more NYTimes.com newsletters rr Get unlimited access to NYTimes.com and our NYTirnes apps. Subscribe * ABOUT MS EIAAL You reserved this…
https://www.justice.gov/epstein/files/DataSet%209/EFTA01026367.pdf
EFTA00094765
Dataset 9
2020-07-21
8p
2,453w
…Accordingly, Ms. Maxwell requests that the Court exercise its express power under Local Criminal Rule 23.1(
h
) and enter an Order requiring compliance with that rule to prevent further unwarranted and prejudicial pretrial publicity by the Government, its agents, and lawyers for alleged witnesses.
Legal Standard
More than fifty years ago, warning of the danger of pretrial publicity to fair trials, the Supreme Court directed trial judges to take "such steps by rule and regulation that will protect their…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00094765.pdf
EFTA00084348
Dataset 9
2020-07-21
8p
2,447w
…Accordingly, Ms. Maxwell requests that the Court exercise its express power under Local Criminal Rule 23.1(
h
) and enter an Order requiring compliance with that rule to prevent further unwarranted and prejudicial pretrial publicity by the Government, its agents, and lawyers for alleged witnesses.
Legal Standard
More than fifty years ago, warning of the danger of pretrial publicity to fair trials, the Supreme Court directed trial judges to take "such steps by rule and regulation that will protect their…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00084348.pdf
EFTA01481688
Dataset 10
2013-08-19
46p
2,911w
…INDYKE PLLC Name Type:
LEGAL STANDARD
PROCESS ADDRESS: ORIGINAL PROCESS ADDRESS: Business Type: DOMESTIC PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY Status: ACTIVE Place Incorporated: NEW YORK County Incorporated: NEW YORK Date Incorporated: 09/05/2008 Terms: PERPETUAL Status Comment: RIGHT TO TRANSACT BUSINESS: FRANCHISE TAX ENDED Confidential - This report is not to be disseminated or photocopied to any third party without the express consent of Global Security & Investigations. 786459513B 6 EFTA01481693 Confidential Due Diligence Report PERSONAL PARTICULARS Person Summary Name Indyke…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01481688.pdf
EFTA00309111
Dataset 9
2010-07-20
41p
15,308w
…Manual also states that "felvidence or information not submitted with the application but contained in other USCIS records or readily available from external sources should be obtained from those sources first rather than going back to the applicant for information or evidence." Id at Chapter 10.5. Thus, the Service Center should not overstep the
legal standard
and require documentation of each and every publication and designer/brand for which Beneficiary has appeared. The Petitioner will provide numerous tear sheets…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00309111.pdf
EFTA00222842
Dataset 9
2009-05-22
20p
7,114w
…act"; and 5) Plaintiff has failed to state a cause of action for conspiracy to violate §2255. I.
LEGAL STANDARD
Defendant's motion to dismiss must be denied unless it appears beyond doubt that the plaintiff can prove no set of facts in support of her claims that would entitle her to relief. EFTA00222842 Case 9:09-cv-80469-KAM Document 20 Entered on FLSD Docket 05/22/2009 Page 2 of 20 ConleyI. Gibson 355 U.S. 41, 45…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00222842.pdf
EFTA00600015
Dataset 9
2015-01-21
18p
5,082w
…Prod. LLC, 713 F.3d 54, (11th Cir. 2013). * Newman v. Graddic, 696 F.2d 796 (11th Cir. 1983). These cases provide the framework for evaluating whether a temporary protective order is appropriate and set forth the
legal standard
under which the Court evaluates our request. 1. THE STANDARD FOR EVALUATING THE REQUEST FOR A PROTECTIVE CONFIDENTIALITY ORDER IS `GOOD CAUSE' Citing Brown v. Advantage EngI, Inc., 960 F.2d 1013 (11th Cir. 1992), and Wilson v. American Motors Corp.…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00600015.pdf
EFTA00210747
Dataset 9
2014-04-18
5p
1,444w
…only to certain recipients, and (2) prohibits any party from making any filings with the Court containing the confidential materials absent leave of Court to file the documents under seal. II.
Legal standard
and discussion "In order to preserve the confidentiality of sensitive materials, a district court may regulate access to the information by issuing a protective order pursuant to Rule 26(c)," including by issuing an "umbrella" order when document-by-document review is not practical. In re Alexander…
https://www.justice.gov/epstein/files/DataSet%209/EFTA00210747.pdf
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