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Case 9:09-cv-80469-KAM Document 31 Entered on FLSD Docket 06/01/2009 Page 1 of 11


                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA

                     CASE NO.: 09-CIV- 80469 - MARRA/JOHNSON


 JANE DOE 11,

                       Plaintiff,
 V.

 JEFFREY EPSTEIN,

                       Defendant.
 ---------------'/
   DEFENDANT EPSTEIN'S REPLY TO & MOTION TO STRIKE PORTIONS OF PLAINTIFF'S
     MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS

        Defendant, JEFFREY EPSTEIN, ("EPSTEIN"), by and through his undersigned

  attorneys, replies to and moves to strike Point 4 of Plaintiff's Memorandum Of Law In

  Opposition To Defendant Epstein's Motion To Dismiss, dated May 22, 2009, ("MOL").

  Accordingly, Defendant states:

                         I. Legal Standard (pp. 1-2 of Plaintiff's MOL)

        Plaintiff's reliance on Conley v. Gibson, 355 U.S. 41, 45-46 (1957), as the Rule

  12(b)(6) pleading standard is misplaced.        As discussed in Defendant's motion to

  dismiss, (pp. 16 - 17), the standard as detailed in Bell Atlantic Corp. V. Twombly, 127

  S.Ct. 1955 (2007), is now the applicable standard, not Conley. Although the complaint

  need not provide detailed factual allegations, the basis for relief in the complaint must

  state "more than labels and conclusions, and a formulaic recitation of the elements of a

  cause of action will not do." Twombly, at 1965. Further, "[f]actual allegations must be

  enough to raise a right to relief above the speculative level ... on the assumption that all

  the allegations in the complaint are true (even if doubtful in fact)." Id. The United States

  Supreme Court very recently made clear in Ashcroft v. Iqbal, No. 07-1015 (U.S. May 18,
Case 9:09-cv-80469-KAM Document 31 Entered on FLSD Docket 06/01/2009 Page 2 of 11




 Jane Doe II v. Epstein, et al.
 Page 2

  2009)(slip copy op. at 20), that Twombly expounded the plead

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