Beyond The Horizon
Stacey Plaskett And The Amended Motion To Dismiss The Epstein Survivor Lawsuit (Part 4) (7/13/24)
Stacey Plaskett, Democrat and Delegate to Congress from the U.S. Virgin Islands (USVI), has been actively seeking the dismissal of a lawsuit filed by survivors of Jeffrey Epstein. The lawsuit, which targets various officials from the USVI, accuses them of enabling Epstein's sex trafficking activities. Plaskett has described the suit as "legally and factually frivolous" and argues that the claims against her lack any substantial basis, suggesting that her inclusion is an attempt to unfairly malign her reputation due to her high profile.
Plaskett's legal team contends that the lawsuit does not meet the necessary pleading standards and that there is no evidence connecting her to Epstein's criminal activities. They argue that her interactions with Epstein, including accepting campaign donations from him, do not imply any knowledge or involvement in his illegal actions. Plaskett asserts that the lawsuit is a scattershot attempt at monetary gain, aiming to exploit her public status to increase the case's visibility and pressure for a settlement.
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to contact me:
bobbycapucci@protonmail.com
source:
Microsoft Word - 15154228_7.docx (courtlistener.com)
- Duration:
- 13m
- Broadcast on:
- 13 Jul 2024
- Audio Format:
- mp3
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In this episode, we're picking up where we left off with Stacey Plaskit and her amended motion to dismiss the claims made against her. Third, plaintiffs fail to plead an enterprise distinct from Epstein or the purported racketeering conduct. To the extent the SAC pleads anything concrete, it pleads actions taken by Epstein or on Epstein's behalf to forward Epstein's goals. As pleaded, the alleged enterprise and Epstein are one in the same and cannot be a Rico enterprise. Cedric Kushner Productions limited versus King 533 US 158 161 2001. One must allege and prove the existence of two distinct entities, one a person and two an enterprise. That is not simply the same person referred to by a different name. Further as alleged, the SAC does not plead a coherent entity separate and apart from the alleged fraudulent scheme. Itself is a fatal flaw. B, the SAC fails to allege any predicate acts. Arico plaintiff must plead that the defendant committed at least two related predicate acts, occurring within 10 years of each other. Koka credit, essay versus wins or a plumbing supply company, 187 f dot 3d 229 to 42 second circuit, 1999. Predicate acts must be pleaded in accordance with federal pleading standards. See Macon versus all burger 59 f s u p p 3d 528 553 w d n y 2014 failure predicate act of bribery because the allegations fell woefully short of the pleading and lack the factual support to constitute a sufficiently alleged predicate act. Plaintives allege bribery generally but does not identify any particular bribery statute alleged have been violated. This is fatal in and of itself. Plaintives also do not allege any specific act of bribery occurring in any given time, certainly not too in a 10 year period. The SAC does not identify any meeting any plausible action or a non action taken by plasket much less in return for anything of value. It's impossible to tell from the face of the SAC what wrong doing the Congresswoman is alleged to have done. The SAC should be dismissed because plaintiffs fail to plead any predicate acts. C, plaintiffs fail to allege a pattern of racketeering activity. Predicate acts must be related and demonstrate a pattern of racketeering activity this requires a showing of either open ended or close ended continuity. Open ended continuity does not apply because it requires a showing of a continued threat of criminal activity. Cofer credit SA 187 f dot 3d at 242 Epstein's dead and there can be no plausible claim of a continuation of his enterprise. To establish close ended continuity the plaintiff must prove a series of related predicates extending over a substantial period of time. The Falco versus Bernice 244 f dot 3d 286 321 second circuit 2001 quoting H. J. Incorporated versus Northwestern Bell telephone company 492 US 229 239 1989. The mere fact that predicate acts span two years is insufficient without more to support a finding of a close ended pattern. Satinwood 385 f dot 3d at 181 plaintiffs must provide some basis for a court to conclude that defendants activities were neither isolated or sporadic. The Falco 244 f dot 3d at 321 quoting G. I. C. C. Capital Corp. verse technology finance group incorporated 677 f dot 3d 466 467 second circuit 1995. The relevant period moreover is the time during which Rico predicate activity occurred not the time during which the underlying scheme operated or the underlying dispute took place spool versus world child international adoption agency 520 f dot 3d 178 184 second circuit 2008 plaintiffs have not alleged any specific Rico predicate act by Congresswoman Plaskett and cannot show a pattern of predicate acts plaintiffs cannot establish a pattern of racketeering activity sufficient to sustain a Rico claim d plaintiffs fell to allege that Congresswoman invested in maintained and interested in or participated in a Rico enterprise plaintiffs fell to allege that Congresswoman Plaskett participated in any Rico enterprise to participate in a Rico enterprise a defendant must participate in the operation or a management of the enterprise itself Reeves versus Ernst verse young 507 US 170 185 1993 that means a defendant must exercise some discretion or have some role in directing the affairs of the enterprise west 79th street corporation burs congregation called minchus chinook number zero three sieve eight six zero r w s 2004 w l two one eight seven zero six nine at 13 and 14 s d n y september 29th 2004 and collecting cases providing goods and services to an enterprise or undertaking necessary and helpful tasks does not satisfy the operation or a management test United States fire insurance company versus United limousine service incorporated 303 f s u p p 2d 432 451 and 52 s d n y 2004 the s a c contains no allegations permitting an inference that Congresswoman Plaskett exercised any control discretionary authority or management of the enterprise there are also no allegations that Congresswoman Plaskett made any investment in or maintained an interest in any organization with Epstein illicit or otherwise see plaintiffs fell to allege a Rico conspiracy first plaintiff claim for Rico conspiracy fails because plaintiff fails to plead a substantive Rico violation the mora versus fit international group corporation 834 f appendix 622 626 second circuit 2020 plaintiff failure to a claim for a substantive Rico violation is fatal to their Rico conspiracy claim plaintiff must also plead that the Congress woman knew about and agreed to facilitate at pattern of racketeering activity black 619 f s u p p 3d at 3 30 at the very least this requires a showing that there was an agreement to commit predicate acts because the core of a Rico civil conspiracy is an agreement to commit predicate acts hecked versus calm clearinghouse incorporated 897 f dot 2d 21 25 second circuit 1990 plaintiffs must thus establish that the defendant agreed to participate in the affairs of the enterprise through a pattern of racketeering activity which if completed would satisfy the elements of the substantive Rico statute black 619 f dot s u p p 3d at 3 29 and 30 this requires a showing of one an agreement to join the conspiracy to the acts of each co-conspirator and furtherance of the conspiracy and three that the co-conspirator knowingly participated in the same idea at 3 48 we all have somewhere we're trying to get to as the largest energy producer in Colorado chevron is helping meet rising demand and we're working to do it responsibly our next gen tankless facilities reduce the greenhouse gas emissions of our operations by more than 90 percent compared to our older designs working to provide Colorado with energy that's affordable reliable and ever cleaner so everyone can get to where they want to be you've arrived that's energy and progress visit chevron.com slash tankless at planet fitness you can get everything you need for just one dollar down try not planet fitness and dang they got lots of equipment not me getting a planet fitness membership just for the 24 hour perk hey y'all better get on these free fitness training sessions from planet fitness did you know that the p f app has worked out you can do at home cheapest therapy i can find is planet fitness join planet fitness today and get everything you need for just one dollar down fifteen dollars a month cancel anytime dlens fursday july 18th quoting vellenty versus pen mutual life insurance 850 supp 2d 445 450 through 51 SDNY 2012 no allegations in the SAC support such an inference further because the reko conspiracy claim is entirely derivative of the allegations of a substantive reko violation the claim should be dismissed four count five should be dismissed because the SAC fails to state the existence of a legal duty negligence requires a showing of one a legal duty of care to the plaintiff to a breach of that duty of care by the defendant three constituting the factual and legal cause of four damages to the plaintiff robins versus port of sale incorporated number st 12 cv 90 2018 wl 502 4 9 2 0 at four virgin island superior court october 10th 2018 citing machado versus yacht haven us vi llc 61 vi 373 380 vi 2014 see also david wines teen company llc f dot s u p p 3d 290 305 SDNY 2019 citing the elements of a negligence claim in new york as one a duty owed by the defendant to the plaintiff to a breach thereof and three injury proximately resulting there from plaintiffs also failed to allege any injury within the two years statute of limitations for negligence plaintiffs alleged no legal duty by the congresswoman to the plaintiffs she had no authority over the united states coast guard or the united states customs officials both under the auspices of the department of homeland security she never had any authority over air traffic controllers who were under the control of the federal aviation administration she never had any authority over the privately employed baggage handlers and she certainly was never in a position to have supervisory authority over the police of course plaintiffs have not offered any concrete allegations of anything done by the congresswoman even approximating a breach count five should be dismissed conclusion plaintiffs conclusion s a c contains no concrete factual allegation that supports any of their claims even with conclusion allegations most of the claims fail as a matter of law under incontrovertible precedent the s a c lacks any legal merit is holy frivolous and should be dismissed in its entirety this was dated june 27th 2004 and it was signed by eric breslin all right that's going to do it for the stacey plaskett amended motion to dismiss all of the information that goes with this episode can be found in the description box hey there it is ryan c crest with you do you want to make this summer unforgettable join me at chumba casino it's the summer's hottest online destination they are rolling out the red carpet with an amazing welcome offer just for you so don't wait dive in now and play hundreds of social casino games for free your chance to redeem real prizes is just a spin away can you join me sponsored by chumba casino no purchase necessary vgw group for where prohibited by law 18 plus terms and conditions 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