EFTA01295633Set 10
2015-10-01135p75,076w
Empl. Prac. Dec. (CCH) P45,306
analysis that will often overlap with the merits of a claim. But as the Court later clarified,
Rule 23 grants courts no license ... engage in free-ranging merits inquiries at the
certification stage. Instead, the merits of a claim may be considered only when relevant to
determining whether the Rule 23 prerequisites ... Sufficiency
Civil Procedure> Class Actions > Prerequisites > General Overview
[HN8] While an evaluation of the merits to determine the strength of the plaintiffs' case is
not part
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01295633.pdf
EFTA00209507Set 9
2013-07-1923p4,943w
denied Epstein's motion for a stay, finding no likelihood of success on the merits
as well as no balance of equities weighing in favor of granting the stay. Epstein ... barred from disclosure by the Government. Epstein has no likelihood
of success on the merits of that spurious claim. Nor can he carry his burden on any
of the other ... motion to
intervene (DE 158). The Court emphasized, however, that the question of the
merits of the objections raised remained to be determined.
After additional pleadings and motions, on June
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209507.pdf
EFTA00204892Set 9
2011-12-0525p7,838w
five separate
reasons. First, because the issue of remedy is interwoven with the merits to the victims' claims,
6
EFTA00204897
Case 9:08-cv-80736-KAM Document 127 Entered ... FLSD Docket 12/05/2011 Page 7 of 25
a dismissal before reaching the merits is inappropriate. Second, in any event, the victims are
entitled to have the Court invalidate ... grant the victims' relief.
A. Because The Government's Motion Goes to the Merits of the Victims'
Arguments, A Dismissal Is Not Appropriate.
The victims have repeatedly stated that they
https://www.justice.gov/epstein/files/DataSet%209/EFTA00204892.pdf
EFTA00212542Set 9
2008-01-099p6,038w
preliminary injunction, and
requires consideration of the following factors: (1) success on the merits; (2) whether the movant will suffer
irreparable injury absent an injunction; (3) whether, balancing the hardships ... Nature and Existence of Right Requiring Protection. Most Cited Cases
Actual success on the merits is required to obtain permanent injunctive relief; if the movant has no likelihood
of success ... merits, inquiry into the remaining factors is unnecessary, for the injunctive relief must be
denied on that ground alone.
[31 Grand Jury 193 41.30
193 Grand Jury
193k4I Secrecy
https://www.justice.gov/epstein/files/DataSet%209/EFTA00212542.pdf
EFTA01626115Set 10
2008-07-0721p7,154w
construed to effectuate the general purpose of
seeing that cases are tried on the merits and to dispense with technical procedural problems."
Staren v. Am. Nat. Bank & Trust ... relief, [she] ought to be afforded an opportunity to test [her] claim on
the merits." Foman v. Davis, 371 U.S. 178, 182 (1962). The policy in favor of amendment ... courts "should freely allow an amendment when doing so will aid in presenting
the merits and the objecting party fails to satisfy the court that the evidence would prejudice that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01626115.pdf
EFTA01143529Set 9
2013-06-2817p4,700w
straightforward reasons: First,
Epstein cannot take such an interlocutory appeal; second, on the merits, any such appeal would
be baseless and thus Epstein cannot demonstrate a likelihood of success ... merits and the
other requirements for obtaining a stay pending appeal.
I. EPSTEIN CANNOT TAKE AN INTERLOCUTORY APPEAL OF THIS
COURT'S DISCOVERY ORDER.
Epstein has asked the Court ... stay
he "must show: (1) a likelihood that [he] will prevail on the merits of the appeal; (2) irreparable
injury to [him] unless the stay is granted; (3) no substantial
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143529.pdf
EFTA00175521Set 9
2008-07-1868p22,246w
Count 4). The Court, in considering the remand motion, must
not weigh the merits of a Plaintiffs claim beyond determining whether any of the alleged causes
of action ... jail." (DE 11 at 2 n.2.) This statement, besides being
nonresponsive,' is devoid of merit under binding Eleventh Circuit law, which the plaintiff did not
Plaintiff seized upon this ... party . . . 4; or] (d) [t]he
lawyer's opinion as to the merits of the claims ....") (emphasis added).
• 3
EFTA00175545
Case 9:08-cv-80a04-KAM Document .. Entered FLSD Docket
https://www.justice.gov/epstein/files/DataSet%209/EFTA00175521.pdf
EFTA01397415Set 10
40p12,719w
about, and to observe, any such restrictions.
No governmental authority has passed on the merits of the offering of
interests in the Fund or the adequacy of the information contained ... passed upon these materials, the information contained herein or the
merits of the interests described herein and any representation to the
contrary
is an offence.
For persons in Chile ... advisors as to this financial product and the
Management Company/Issuers, including the merits and risks involved, and as
to
legal, tax and related matters concerning an investment in the products
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01397415.pdf
EFTA01442709Set 10
40p12,737w
about, and to observe, any such restrictions.
No governmental authority has passed on the merits of the offering of
interests in the Fund or the adequacy of the information contained ... passed upon these materials, the information contained herein or the
merits of the interests described herein and any representation to the
contrary
is an offence.
For persons in Chile ... advisors as to this financial product and the
Management Company/Issuers, including the merits and risks involved, and as
to
legal, tax and related matters concerning an investment in the products
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01442709.pdf
EFTA00209415Set 9
2013-08-137p1,203w
plaintiffs/appellees' motion to dismiss should be
carried with the case. Full briefing on the merits and the jurisdictional issues has now
been completed. Both parties have requested oral argument. Plaintiffs/appellees ... decline to address the merits of the stay motion, claiming that their motion relates
only to the timing of the ruling on the motion, Motion ... which intervenors/appellants seek to preserve as privileged and
confidential before the decision on the merits of this appeal is rendered, thus
completely nullifying the potential that intervenors/appellants' appeal would result
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209415.pdf
EFTA01077032Set 9
2011-01-1869p16,216w
record support. Furthermore, none of
defendant's current complaints has even a shred of merit. Thus, there is no reason to
disturb the decision of the SORA court ... infra at 55-
-52-
EFTA01077087
62. In the end, however, there is no merit whatsoever to defendant's attack on the
SORA court, and his belated attempts in this regard ... improper in any
way, and they constituted a direct and appropriate response on the merits to an
argument that had been made by defense counsel.
In short, defendant's attempts
https://www.justice.gov/epstein/files/DataSet%209/EFTA01077032.pdf
EFTA00602338Set 9
2011-01-1869p14,710w
record support. Furthermore, none of
defendant's current complaints has even a shred of merit. Thus, there is no reason to
disturb the decision of the SORA court ... infra at 55-
-52-
EFTA00602393
62. In the end, however, there is no merit whatsoever to defendant's attack on the
SORA court, and his belated attempts in this regard ... improper in any
way, and they constituted a direct and appropriate response on the merits to an
argument that had been made by defense counsel.
In short, defendant's attempts
https://www.justice.gov/epstein/files/DataSet%209/EFTA00602338.pdf
EFTA00209600Set 9
2013-06-2816p4,515w
straightforward reasons: First,
Epstein cannot take such an interlocutory appeal; second, on the merits, any such appeal would
be baseless and thus Epstein cannot demonstrate a likelihood of success ... merits and the
other requirements for obtaining a stay pending appeal.
I. EPSTEIN CANNOT TAKE AN INTERLOCUTORY APPEAL OF THIS
COURT'S DISCOVERY ORDER.
Epstein has asked the Court ... stay
he "must show: (1) a likelihood that [he] will prevail on the merits of the appeal; (2) irreparable
injury to [him] unless the stay is granted; (3) no substantial
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209600.pdf
EFTA00686705Set 9
2012-04-0649p15,328w
following best practice in success
stories like Singapore, particularly the city-state's merit-based approach to
bureaucracy. Whether its growth is state-driven or laissez-faire, a well-
organized ... replicate Asia's success stories, it will need to work
harder to ensure that merit displaces cronyism and elitism as the determiner
of progress.
African nations are in a better ... many signs of a growing political maturity. With
political discipline and a focus on merit-based critical institutions, the
social cohesion necessary for sustained economic growth is gradually
emerging, which
https://www.justice.gov/epstein/files/DataSet%209/EFTA00686705.pdf
EFTA01440797Set 10
40p12,714w
about, and to observe, any such restrictions.
No governmental authority has passed on the merits of the offering of
interests in the Fund or the adequacy of the information contained ... passed upon these materials, the information contained herein or the
merits of the interests described herein and any representation to the
contrary
is an offence.
For persons in Chile ... advisors as to this financial product and the
Management Company/Issuers, including the merits and risks involved, and as
to
legal, tax and related matters concerning an investment in the products
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01440797.pdf