EFTA01296884Set 10
2017-06-1661p23,043w
Arthur Burns (Burns), Burns moves for an order, pursuant to CPLR 3211, dismissing
plaintiffs' complaint in its entirety, and awarding him full reimbursement of his legal fees
and costs.
BACKGROUND
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01296884.pdf
EFTA00175835Set 9
2008-04-1457p16,565w
doubtful in fact)." Id.
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as
true and construed in the light most favorable to the plaintiff ... what the standard set forth by the Supreme Court in Bell
Atlantic Corp. prohibits — Plaintiffs complaint alleges only "labels and conclusions, and
a (partial) formulaic recitation of the elements."
First ... failed to state
claims upon which relief can be granted. Rule 12(b)(6). Plaintiffs complaint lack
underlying factual allegations and, thus, Plaintiff is required to more definitely state
https://www.justice.gov/epstein/files/DataSet%209/EFTA00175835.pdf
EFTA00175775Set 9
2008-04-1460p17,746w
doubtful in fact)." Id.
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as
true and construed in the light most favorable to the plaintiff ... Case No. CV-80380-Marra-Johnson
Page No. 8
Relevant to Plaintiffs complaint, 1a. 2255(a) creates a civil remedy for "a
minor who is a victim of a violation ... what the standard set forth by the Supreme Court in Bell
Atlantic Corp. prohibits — Plaintiffs complaint alleges only "labels and conclusions, and
a (partial) formulaic recitation of the elements."
First
https://www.justice.gov/epstein/files/DataSet%209/EFTA00175775.pdf
EFTA01070451Set 9
2009-07-2050p15,294w
doubtful in fact)' Id.
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as
true and construed in the light most favorable to the plaintiff ... statutory predicate acts).
In improperly attempting to bring 30 separate counts pursuant to §2255, Plaintiffs
complaint alleges In part that "beginning In approximately late May or early June ... specifically identified in
subsection (a) of the statute quoted above. Relevant to Plaintiffs complaint, 18 U.S.C.
2255(a) creates a civil remedy for "a minor who is a victim
https://www.justice.gov/epstein/files/DataSet%209/EFTA01070451.pdf
EFTA00201190Set 9
2009-03-1221p6,896w
doubtful in fact)." Id.
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as
true and construed in the light most favorable to the plaintiff ... statutory predicate acts).
In improperly attempting to bring 30 separate counts pursuant to §2255, Plaintiffs
complaint alleges in part that "beginning in approximately late May or early June ... specifically identified in
subsection (a) of the statute quoted above. Relevant to Plaintiffs complaint, 18 U.S.C.
2255(a) creates a civil remedy for "a minor who is a victim
https://www.justice.gov/epstein/files/DataSet%209/EFTA00201190.pdf
EFTA00722862Set 9
2009-07-0818p4,771w
Sexual Activity in Violation of
18 U.S.C. §2422," pursuant to 18 U.S.C. §2255.
Plaintiffs Complaint attempts to assert both state common law claims and a claim pursuant to
18 U.S.C ... Epstein
Page 2
Pursuant to the allegations on the face of Plaintiffs complaint, Count I, based on
Florida's common law of assault and battery, and Count Ill, brought pursuant ... timed
barred and required to be dismissed.
Conclusion
Accordingly, Counts I and III of Plaintiffs Complaint are subject to dismissal. On
the face of the Complaint, the causes of action
https://www.justice.gov/epstein/files/DataSet%209/EFTA00722862.pdf
EFTA00802452Set 9
1997-03-0425p6,896w
EPSTEIN,
Defendants.
X
DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF
THEIR MOTION TO DISMISS PLAINTIFFS' COMPLAINT
TROUTMAN SANDERS LLP
875 Third Avenue
New York, New York 10022
Tel:
Fax:
Attorneysfor ... quoting Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994)).
Plaintiffs' Complaint fails miserably to meet this standard. Under Rule 9(b), Plaintiffs
must do more than ... cause of action. To survive a motion to dismiss under Rule
12(b)(6), Plaintiffs' Complaint must plead "enough facts to state a claim to relief that is plausible
https://www.justice.gov/epstein/files/DataSet%209/EFTA00802452.pdf
EFTA00728979Set 9
2009-08-0416p4,490w
seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of 'in or about 2004 —
2005." Defendant's medical condition ... Stat. Further, the request is overly broad, work product,
attorney-client privileged, and confidential. Plaintiffs complaint alleges a time
period of "in or about 2004 — 2005." Plaintiff's request seeks ... seeks
information concerning persons, not parties to this litigation, whose privacy rights
are implicated. Plaintiffs complaint alleges a time period of in or about 2004 —
2005." Plaintiffs request
https://www.justice.gov/epstein/files/DataSet%209/EFTA00728979.pdf
EFTA00207722Set 9
2010-03-2929p9,495w
seeks to strike IVO, 11, 12, 13, 14, 15, and 16,
23
EFTA00207746
of Plaintiffs Complaint as immaterial and impertinent. None of the allegations in those
paragraphs specifically pertain
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207722.pdf
EFTA00213246Set 9
2010-03-2929p9,525w
seeks to strike IVO, 11, 12, 13, 14, 15, and 16,
23
EFTA00213270
of Plaintiffs Complaint as immaterial and impertinent. None of the allegations in those
paragraphs specifically pertain
https://www.justice.gov/epstein/files/DataSet%209/EFTA00213246.pdf
EFTA01093254Set 9
2015-10-0938p15,352w
WILLIAM H. COSBY, JR.
Defendant.
MEMORANDUM AND ORDER REGARDING DEFENDANT'S MOTIONS
TO DISMISS PLAINTIFFS' COMPLAINT
(Dkt. Nos. 21, 22, and 23)
October 9, 2015
MASTROIANNI,
I. INTRODUCTION
On December ... formed the basis of the defamation action, as it was central to the plaintiffs complaint). Additionally, the court uses the full text
version of a fourth statement provided by Plaintiffs
https://www.justice.gov/epstein/files/DataSet%209/EFTA01093254.pdf
EFTA00221995Set 9
2008-10-0610p2,957w
doubtful in fact)." Id.
On a motion to dismiss, the well pleaded allegations of plaintiffs complaint are taken as
true and construed in the light most favorable to the plaintiff ... fi2255, which is required to be stricken
and more definitely stated.
Count III of Plaintiffs Complaint attempts to assert a claim for "Coercion and
Enticement to Sexual Activity in Violation ... under a legal disability, not later than three years after
the disability.
Relevant to Plaintiffs complaint, 18 U.S.C. 2255(a) creates a civil remedy for "a
minor
https://www.justice.gov/epstein/files/DataSet%209/EFTA00221995.pdf