Beyond The Horizon
Stacey Plaskett And The Amended Motion To Dismiss The Epstein Survivor Lawsuit (Part 1) (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:
- 15m
- Broadcast on:
- 13 Jul 2024
- Audio Format:
- mp3
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At US border patrol, protecting our borders is more than a job. It's a calling. Agents answer the call, working together to keep our country and communities safe. If you're ready for a new mission, join US border patrol and go beyond. Learn more at cpp.gov/careers. What's up everyone and welcome back to the Epstein Chronicles. In this episode, we're going to take a look at the defendant Congresswoman Stacey Plaskett's motion to dismiss plaintiff's individual and class action second amended complaint. Case number 123-CV-10301-AS. Preliminary statement. Defendant Stacey Plaskett submits this memorandum of law and support of her motion to dismiss the individual and class action second amended complaint filed by plaintiffs Jane Doe's 1-2-3-4-5-6 as amended on May 24, 2024, the SAC. Epstein's notorious crimes were reprehensible and many women unquestionably suffered at his hands. Congresswoman Plaskett learned of Epstein's crimes simultaneously with the rest of the country when news of his arrest broke. Like all decent-minded people, she was horrified. She is equally horrified to now be accused of complicity in his crimes without any factual basis or justification. Congresswoman Plaskett has devoted most of her professional life to public service. First is a prosecutor, then to further the economic development of the Virgin Islands and now as a member of the United States House of Representatives. Yet plaintiffs now seek to malign her good name with wild allegations so unsupportable they cannot even credibly claim to be speculative. Instead, they are a product of pure fantasy. Plaintiffs' claims are typified by a lack of specificity, logic, or common sense. The SAC fails nearly every pleading standard and suffers from a litany of faults, all militating in favor of dismissal. Plaintiffs cannot establish jurisdiction. The cursory pleading fails even the low bar of specificity required by rule aid. Many of the allegations fall outside the statute of limitations. A dearth of factual allegations means the claims have no actual factual support by even the most permissible pleading standard. Nearly every cause of action is missing, at least one element, sometimes every element. For whatever reason, plaintiff and their attorneys elected to include the Congresswoman in this lawsuit. They did so without factual basis or legal justification, the SAC should be dismissed. Factual Statement Congresswoman Plaskett serves as the elected delegate for the Virgin Islands of the United States to the United States House of Representatives. She lives in the U.S. Virgin Islands and maintains a part-time residence in Washington, D.C. She maintains no residence and owns no property in New York. Congresswoman Plaskett served in the United States Department of Justice from 2002-2004. From 2004-2006, she worked as in-house counsel at a major U.S. corporation. From 2006-2007, she worked in a private practice at a law firm in the Virgin Islands. From 2007-2012, Congresswoman Plaskett served as the general counsel for the Virgin Islands' economic development authority. She then entered private practice until she was elected to the House of Representatives in 2014. She took her seat in Congress in 2015, where she has served ever since. The "Vieta" is a semi-autonomous government organization dedicated to the economic development in the Virgin Islands. The "Vieta" is illegally distinct from the government of the Virgin Islands and has its own governance structure. Virgin Island Code 29, Section 1101. The Virgin Islands Code authorizes tax reductions and tax incentives for businesses that establish operations in the Virgin Islands and individuals who meet residency requirements. CEG, Virgin Island Code 29, Section 713A through 713F, describing some of the tax incentives available. She also U.S. Virgin Islands' economic development authority. The Corps can take judicial notice of the statutes of the U.S. V.I., as well as information from the "Vieta" website. City Leihi vs. Northwell Health, Inc. 23, CV04, 708, PMH, 2024, WL, 170, 3697, AT1, and 4 SDNY, April 19, 2024. Taking judicial notice of the statutes and legislative history of the statute, Wells Fargo Bank, North America vs. Wright's Mills Holding, LLC, 127, F.SUPP, 3D-156, 166, SDNY 2015, discussing the types of material for which courts have taken judicial notice and collecting cases. The Virgin Islands Economic Development Commission, the EDC, is just one of four functions governed by "Vieta" - U.S. V.I. Economic Development Authority, about us. The EDC approval process starts with an investigation by the Chief Executive Officer, or the Assistant Chief Executive Officer's Office, Virgin Island Code 29, Section 707-716. The Chief Executive Officer then evaluates the application and makes a report and recommendation to the EDC Board, the Board, Virgin Island Code 29, Section 707-716. The EDC Board does an investigation and holds the public hearing. Virgin Island Code 29, Section 717. At that point, the CEO and Chairman of the Board makes a signed recommendation to the Governor of the U.S. V.I. The General Counsel does not play a role in the recommendation process. The Governor makes the final determination as to whether the tax grant incentives are granted to the applicant. Jeffrey Epstein was a well-known businessman with significant political and social connections. On July 2, 2019, the United States Attorney's Office for the Southern District of New York indicted Epstein with operating a worldwide sex trafficking operation for, at least, 2002 through 2019. Plantiffs assert that they are some of his victims. None of the plaintiffs ever met the Congresswoman, the SAC identifies no action taken, by the Congresswoman in connection with the plaintiffs. The only concrete factual allegations are that she received a small amount of campaign contributions from Epstein and some of his associates, and that she made limited solicitations for campaign contributions and donations. Every other allegation is stated in vague and conclusionary fashion, sometimes in direct contradiction of the publicly available information. The Fed rules the civil procedure do not permit such complaints to proceed. The SAC should be dismissed. Legal Argument 1. The court should dismiss the SAC under Rule 12(b)(2) lacks personal jurisdiction over Congresswoman Plaskit. The SAC should be dismissed under Rule 12(b)(2) for lack of jurisdiction. Congresswoman Plaskit resides in the USVI, not New York, so plaintiffs cannot establish general jurisdiction. Goodyear Dunlop Tire's Operations essay, Burs Brown 564 US 95924 2011. To exercise specific jurisdiction, plaintiffs must establish a statutory basis under the New York long-arm statute and show that the exercise of jurisdiction comports with due process. Eduardo vs. Roman Catholic Bishops of Providence, 66F, 469, 73 Second Circuit, 2023. Plaintives must establish personal jurisdiction as to each defendant and cannot rely on group leading. AG and Marine Petroleum Network Inc., Securities Litigation 529, F.supp3d, 111135, SDNY 2021. A, plaintiffs lack of statutory basis to assert jurisdiction under the New York long-arm statute. The New York long-arm statute, CPLR302, permits the exercise of jurisdiction over a foreign defendant in four circumstances. Any subsections A1 or A3 can have any possible application here. CPLR section 302, A1, permits the exercise of jurisdiction where the plaintiff's claim arises from the transaction of business or the supply of goods or services in New York. CPLR section 302, A3, permits the exercise of jurisdiction where the claim arises from a tortious act committed outside of New York if the defendant regularly engages in a persistent course of conduct in the state or where the defendant could foresee an impact in the state and derive substantial revenue from interstate and international commerce. 1. Plaintives cannot establish jurisdiction under CPLR section 302, A1, because they cannot show that Congresswoman Plasket transacted business in the state of New York. "We all have somewhere we're trying to get to. As the largest energy producer in Colorado, Chevron is working to responsibly meet rising energy demand. So everyone can get to where they want to be. You've arrived." That's Energy in Progress. Visit chevron.com/tankless. Looking for a financial institution that has fewer fees, better rates, and gives back to the local community? As one of Colorado's largest credit unions, Belco offers great rates on products like our free boost interest checking and lower rates on loans, including our home equity choice line. Bank virtually any time, anywhere, through online banking and our mobile app. Becoming a member has never been easier. Visit belco.org or stop by any Belco branch. Membership eligibility required equal housing opportunity, all-own subject to approval, insured by NCUA. Belco, banking for everyone. A person transacts business in New York when she purposefully avails herself of the privilege of conducting activities within the foreign state, thus invoking the benefits and protections of its laws. Eduardo versus Roman Catholic Bishop of Providence, 579, F.SUPP, 3D, 456, 473 and 74, SDNY 2022, 66, F.4, 69, 2nd Circuit, 2023, quoting Best Van Lines, Inc., 490, F.3D, 239, 247, 2nd Circuit, 2007. Primary consideration is the quality of the defendants, New York contacts as viewed by the totality of the circumstances surrounding the foreign defendants' contacts with the state. The SAC contains just a handful of facts, none of which purports or supports the jurisdiction. Plain Tif alleges that the Congresswoman invited Epstein to campaign fundraisers in July and September of 2018, and visited Epstein's residence in New York to solicit a donation to the Democratic National Committee that was never consummated. This does not amount to transacting business in New York. The mere solicitation of a donation in New York does not support jurisdiction, CEG Epstein versus Thompson, #09CIV.8696HB2010WL3199838@3, SDNY August 12, 2010, noting that solicitation of business within the state does not constitute the transaction of business within the state. Sills versus Ronald Reagan, Presidential Foundation Inc., #09CIV1188GEL2009WL1490852@8, SDNY May 27, 2009. Observing, it may not necessarily be the case that a registered charity transacts business in New York any time it solicits a contribution. Further, as plaintiffs admit, the purported proposed donation to the Democratic National Committee was never paid. Courts in this circuit have repeatedly and virtually universally declined to find that such meetings amount to the transactions of business. Three-five compounds incorporated versus Scramtex Inc., #11CIV616, RJH 2011WL58697@11, SDNY November 21, 2011. Plaintiffs also allege that campaign donations paid by Epstein were paid through New York bank accounts. Even if true, the passive receipt of campaign funds cannot support jurisdiction absent, a showing that the defendant directed or controlled the route of the funds. In the SAC, plaintiffs have added the "conclusionary allegation" that Congresswoman Plaskit and other defendants directed the payment or funds through New York accounts. This is just a "conclusionary" restatement of a factor to be considered an evaluating jurisdiction and lacks the specificity required to confer jurisdiction. Plaintiffs cannot establish that Congresswoman Plaskit transacted business in New York, much less at their claims arose from any New York transaction. Two, plaintiffs cannot establish any element of CPLR 302A3. Plaintiffs cannot make any showing that their claims arise from any persistent course of conduct by Congresswoman Plaskit in New York, CPLR 302A3, nor does she derive income from commerce either in New York or internationally. Their jurisdiction does not attach simply because plaintiffs are residents of New York. Trauma Entertainment Inc. vs. Centennial Pictures Inc., 729 F.3D 215-18 Second Circuit 2013. Noting that a plaintiff's domicile in New York isn't sufficient to establish jurisdiction under Section 302A3. No statutory authority exists for this court to exercise personal jurisdiction over Congresswoman Plaskit. All right, we're going to wrap up right there, and in the next episode we're going to pick up with B, the exercise of jurisdiction would offend principles of due process. All of the information that goes with this episode can be found in the description box.