EFTA00615316.pdf PDF
…Co. v. York, 326 US. 99 (1945). No court in a diversity case has ever failed to apply the applicable state statute of limitations. 41 435 Fad 527 (4th Cir. 1970), een. denied 402 US. 932 (1971). 42 See Note…
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EFTA00208583.pdf PDF
…of the four counts for failure to comply with the statute of limitations. Thereafter, the parties stipulated to a docket call which was set for May 24, 2012. On May 11, 2012, an assistant state attorney, acting on behalf of…
EFTA00210074.pdf PDF
…which the state's statute of limitations has run. Under Florida law, prostitution and prostitution-related offenses are misdemeanors in the second degree for a first violation.2 See Fla. Stat.. § 796.07(4)(a). The limitations period for a…
EFTA00801525.pdf PDF
…that the Court possesses personal jurisdiction over Defendants. There is simply no wrongful conduct alleged within the statute of limitations period that could provide a basis for personal jurisdiction. In summary, the Opposition offers no basis for denying the Motion…
EFTA00801426.pdf PDF
…FAC, Dep. 235, 251-53. Plaintiff's evidence in the Matter also makes clear that the relevant conduct alleged with respect to her claimed relationship with Epstein occurred beyond the longest potentially applicable statute of limitations. Indeed, Plaintiff's testimony…
EFTA00793686.pdf PDF
…facts to contradict the People's position, showing that the defendant was outside the 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…
EFTA00592530.pdf PDF
…barred by the longest possible statute of limitations; d) the FAC fails to establish that the Court possesses personal jurisdiction over the Defendants; and e) the FAC fails to establish that venue is properly laid in the Southern District of …
EFTA00798032.pdf PDF
…claim for which reliefhas been granted. 2. Plaintiff's claims are barred by the statute of limitations. 3. Plaintiff's claims are barred under the statute of frauds. 4. This court does not have in rem jurisdiction over Parcel 11. …
EFTA00798007.pdf PDF
…by interv ening and superseding factors and events not the responsibility of this Defendant. ELEVENTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred by the applicable statute of …
EFTA00613391.pdf PDF
…notwithstanding that the statute of limitations applicable to any claim may have had against the individual has long since passed. • Emails produced reveal that Plaintiffs began alerting journalists to Joinder Motion almost immediately after filing the pleading and began shopping…
EFTA00298455.pdf PDF
…s claim admittedly turns on whether she was defrauded and coerced, the statute of limitations period on her Section 1595 claim commenced to run no later than January 2007 and expired before the Complaint was filed on January 27, 2017. …
EFTA01345450.pdf PDF
…breach ol trust bases upon matters disclosed m a trust accounting or written report ol the trustee may be subject to a fumonth statute Of limitations Irons the receipt of the mat accounting or Other report a you have questions…
EFTA00104411.pdf PDF
…as time-barred under the statute of limitations; (4) dismiss Count Five and Either Count One or Count Three as multiplicitous; (5) dismiss the S2 Indictment for put- indictment delay; (6) order a Bill of Particulars as to Counts Five…
EFTA00310348.pdf PDF
…barred by the statute of limitations. b. Possibilities for Prompt Settlement: The parties have conferred and agree there is not a likelihood for prompt settlement. c. Timing of Rule 26(8)(1) disclosures: Plaintiff states that initial disclosures should be…
EFTA00091739.pdf PDF
…of the amendment,' to permit a prosecution at any point during the lifetime of the minor victim. See United States v. Chief, 438 F.3d 920, 922-25 (9th Cir. 2006) (finding that because Congress extended the statute of limitations…
EFTA00085745.pdf PDF
…What 22 he is not saying is it is beyond the statute of limitations, 23 because it is not. 24 Second, the allegation that this is some kind of a 25 conspiracy within the Department of Justice is just false. …
EFTA00102404.pdf PDF
…time the acts happened. So there is 14 no statute of limitations problem in this case. And, two, 15 there is no issue in this case, as there are in many of the 16 other cases, about whether or not…
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 …
EFTA00079704.pdf PDF
…11 nonprosecution agreement was limited to the Southern District 12 of Florida, and we can litigate that in a motion to dismiss, 13 but it is simply not relevant here. 14 With respect to the statute of limitations, 15 Mr…
EFTA00594189.pdf PDF
…defendants to seek release of certain documents from Judge Sweet after the Defendants claimed the materials were necessary for an argument they intended to make in their motion to dismiss to support a claim against jurisdiction and statute of limitations…
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