EFTA00304742Set 9
2011-12-0525p7,975w
five separate
reasons. First, because the issue of remedy is interwoven with the merits to the victims' claims,
6
EFTA00304747
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/EFTA00304742.pdf
EFTA01221286Set 9
2013-08-0246p15,843w
indirectly
through any other person) any assurance, guaranty or representation whatsoever as to the merits (either legal,
regulatory, tax, financial, accounting or otherwise) of this Transaction or any documentation related ... indirectly
through any other person) any assurance, guaranty or representation whatsoever as to the merits (either legal,
regulatory, tax, financial, accounting or otherwise) of this Transaction or any documentation related ... indirectly
through any other person) any assurance, guaranty or representation whatsoever as to the merits (either legal,
regulatory, tax, financial, accounting or otherwise) of this Transaction or any documentation related
https://www.justice.gov/epstein/files/DataSet%209/EFTA01221286.pdf
EFTA01416838Set 10
2017-06-19122p23,787w
superiority requirement "asks the court to balance, in
terms of fairness
and efficiency, the merits of a class action against those of alternative
available methods of
adjudication." In re Warfarin ... consider
additional factors, such as the probable outcome of a trial on the merits,
the probable
outcome of claims by other classes, and the reasonability of any provisions
for attorneys ... that the Court may "determine
whether counsel
had an adequate appreciation of the merits of the case before negotiating."
Warfarin
Sodium, 391 F.3d at 537.
Here, according to Plaintiffs
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01416838.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
EFTA00031263Set 8
2011-01-3134p10,482w
related to any legally cognizable defense. Thomas's motion is
entirely without merit and should be denied.'
Thomas concedes that the Government has produced a "multitude" of discovery directly
relevant ... purposes of bolstering a defense to the Government's case in chief, not the merits of the
decision to prosecute.
1. Applicable Law
An item or record that the Government ... chief," it does not authorize discovery for defenses that do not rebut the
"merits to the criminal charge itself." 517 U.S. 456, 462-63 (1996) (holding that Rule 16 does
https://www.justice.gov/epstein/files/DataSet%208/EFTA00031263.pdf
EFTA00210695Set 9
2008-07-0721p7,074w
construed to effectuate the general purpose of
seeing that cases are tried on the merits and to dispense with technical procedural problems."
Staren I Am. Nat. Bank & Trust ... relief, [she] ought to be afforded an opportunity to test [her] claim on
the merits." Fomani. 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%209/EFTA00210695.pdf
EFTA01098146Set 9
2013-06-2817p4,747w
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/EFTA01098146.pdf
EFTA01071961Set 9
2013-08-3071p17,109w
EFTA01071976
Case: 13-12923 Date Filed: 08/30/2013 Page: 17 of 61
merits of the victims' claims pending development of a full factual record. The
Court also authorized the victims ... motion to
intervene (DE 158). The Court emphasized, however, that the question of the
merits of the intervenors' objections remained to be determined.
After additional proceedings, on June ... this case, intervenors have neither demonstrated a probable
likelihood of success on the merits on appeal, see e.g. In re MSTG,
Inc., 675 F.3d 1337 (7th Cir. 2012) (rejecting request
https://www.justice.gov/epstein/files/DataSet%209/EFTA01071961.pdf
EFTA01199647Set 9
2014-02-0639p15,944w
find that Donald may assert judicial privilege and find no merit to this assignment
of error." (internal citations omitted)).
A6
EFTA01199654
Edwards adv. Epstein
Case No.: 502009CA040800XXXXMBAG
Counter-Plaintiff Bradley ... initiated for the purpose of forcing a settlement that has no relation to the
merits of the claim. This occurs, for example when a plaintiff, knowing that there ... defendant files a counterclaim, not for the purpose of obtaining proper adjudication of
the merits of that claim, but solely for the purpose of delaying expeditious treatment of the original
https://www.justice.gov/epstein/files/DataSet%209/EFTA01199647.pdf
EFTA00212253Set 9
2008-10-0150p18,079w
attorney reasonably believed that the
defendant's cooperation, although substantial, did not merit a departure below the
five-year mandatory sentence. Given these circumstances, OPR concluded that
the DOJ attorney ... need to supplement the record known to the respondent long before the
merits hearing.
OPR reviewed the tapes of the proceedings and found that the IJ was stern ... previously addressed. No further action required by 3 1.4%
OPR at this time.
No merit to matter based on initial review . 46 21.4%
No merit to allegation based on preliminary
https://www.justice.gov/epstein/files/DataSet%209/EFTA00212253.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
EFTA00788112Set 9
107p21,462w
hard for me to see how it could
22 possibly have any merit. But you and I are
23 both speculating in that regard, since we
24 have not seen ... Tipsy
21 Coachman hadn't been properly raised, they
22 addressed it on the merits -- spoken
23 plural -- because there's no bona fide
24 termination and lack of probable ... case doctrine, and therefore this court
6 should not be entertaining the merits of
7 this. The law is determined by the Fourth
8 District and under
https://www.justice.gov/epstein/files/DataSet%209/EFTA00788112.pdf
EFTA01443401Set 10
40p12,722w
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/EFTA01443401.pdf
EFTA00209806Set 9
2014-04-1816p7,014w
trict court disassociates itself from the case, and ends the litigation on the
merits and leaves nothing more for the court to do but execute the judgment. 28
U.S.C.A ... conclusively determines the disputed question;
(2) resolves an important issue completely separate from the merits of the action;
and (3) is effectively unreviewable on appeal from a final judgment ... novo whether we have jurisdiction to decide this interlocutory appeal be-
fore addressing the merits. United States I. Cartwright, 413 F.3d 1295, 1299
(11th Cir.2005). We also review de novo
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209806.pdf
EFTA01445169Set 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/EFTA01445169.pdf