EFTA00298455.pdf PDF
…the grounds for dismissal are that: (a) the Complaint fails to state a claim under 18 U.S.C. § 1595 ("Section 1595"), which is the sole claim asserted by Plaintiff; (b) the claim is barred by the statute of limitations…
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EFTA00310348.pdf PDF
…the Complaint is factually and legally infirm and should be dismissed. Specifically, the claims in the Complaint fail to state a claim on which relief may be granted and are, in any event, barred by the statute of limitations. b…
EFTA00065989.pdf PDF
…turn, require the government to allege a violation of New York law relating to sexual activity. Here, the government has relied upon an alleged class B misdemeanor that, if the state statute of limitations had 3 …
EFTA00099352.pdf PDF
…turn, require the government to allege I violation of New York law relating to sexual activity. Here, the government has relied upon an alleged class B misdemeanor that, if the state statute of limitations had 3 …
EFTA00806757.pdf PDF
…challenge, Epstein dismissed all of his claims against Attorney Edwards. Furthermore, Epstein allowed the statute of limitations to expire making it legally impossible for Epstein to bring any claims based on the conduct he sued upon in the original complaint…
EFTA00806813.pdf PDF
…it turns out, is dispositive of this action. In particular, the Jane Doe Evidence demonstrates that the sole claim asserted in the Jane Doe Matter is barred by the longest potentially applicable ten-year statute of limitations, the Court in…
EFTA00793037.pdf PDF
…to file their Motion to Dismiss within seven days of the resolution of this issue. 2 Defendants believe that the correct statute of limitations period is four years. EFTA00793038 Hon. John G. Road July 14, 2017 Page 3 of 3 …
EFTA00213048.pdf PDF
…b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a…
EFTA00234570.pdf PDF
…b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a…
EFTA01125545.pdf PDF
…any form of relief under this chapter." 18 U.S.C. § 3771(d)(1). This does not mean that the defendant cannot rely on the procedures and substantive limitations of the statute in defending against any assertion of rights in…
EFTA00724884.pdf PDF
…the applicable statute of limitations, including but not limited to 5 Code of Civil Procedure §§ 340(c), 335.1 and 343. 6 THIRD AFFIRMATIVE DEFENSE 7 (Opinion) 8 125. As a third affirmative defense, Defendant asserts that some of the…
EFTA00804698.pdf PDF
…Defendants do not seek to delay the present case and are prepared to file their Motion to Dismiss within seven days of the resolution of this issue. 2 Defendants believe that the correct statute of limitations period is four years. …
EFTA00611124.pdf PDF
…to Dismiss within seven days of the resolution of this issue. 2 Defendants believe that the correct statute of limitations period is four years. EFTA006111…
EFTA00186748.pdf PDF
…pursuant to § 905.27 of the Florida Statutes, his by the client to the grand jury, any matters testimony would not and could not be disclosed involving the client discussed in the client's under the law." Finally, appellant McClure…
EFTA00309181.pdf PDF
…the motion to dismiss for lack ofjurisdiction is based on Plaintiffs alleged failure to state a claim for which relief may be granted, which falls under Federal Rule of Civil Procedure 12(b)(6). A motion to dismiss under 12…
EFTA00186707.pdf PDF
…S.Ct. 456, 27 L.Ed.2d 451 (1971); In re statutes which preclude disclosure of records to the 1980 United States Grand Jury Subpoena Duces general public cannot be used to prevent federal Tecum, 502 F.Supp. 576, 579…
EFTA00807038.pdf PDF
…2011) (A motion to dismiss under Federal Rule of Civil Procedure 12(6)(1) is subject to a similar standard of review as a motion brought pursuant to Rule 12(b)(6): "[w]hen a district court considers a Rule…
EFTA00207677.pdf PDF
…full Senate carries considerable weight").4 There is no basis to depart from that rule here. It thus is no answer that the 2003 statute's limitations clause provided that "in the case of a person under a legal disability…
EFTA00793686.pdf PDF
…jurisdiction for a sufficient number of days during this period. Accordingly, the statute of limitations has not been violated. The motion to dismiss Count Five on these grounds is denied. 4. The defendant moves to dismiss the indictment on other…
EFTA00285631.pdf PDF
…really susceptible to a 20 motion to dismiss. They may be susceptible to a motion for 21 summary judgment. But the only way to grant the motion on 22 statute of limitations grounds is to say that paragraph 61 is …