Beyond The Horizon
Stacey Plaskett And Her Motion To Dismiss The Epstein Survivor Lawsuit (Part 1) (7/11/24)
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.
What do the facts tell us?
Let's dive in and find out.
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to contact me:
bobbycapucci@protonmail.com
source:
Microsoft Word - 15154228_7.docx (courtlistener.com)
- Duration:
- 13m
- Broadcast on:
- 11 Jul 2024
- Audio Format:
- mp3
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See terms at racing.fanduel.com. Gambling problem, call 1-800-Gambler. What's up, everyone, and welcome back to the Epstein Chronicles. In this episode, we're going to take a look at Stacey Plaskett's motion to dismiss the lawsuit that's been filed against her by the Epstein survivors. I wonder if Ted Luz is going to talk about this. United States District Court, Southern District of New York. Case number 1-23-CV-10301-AS Defendant Congresswoman Stacey Plaskett's motion to dismiss. Congresswoman Stacey Plaskett submits this memorandum of law in support of her motion to dismiss the individual and class action amended complaint filed by plaintiffs Jane Doe's 1-6, the plaintiffs. On December 13, 2023, the amended complaint, as set forth below this application, should be granted. Preliminary statement. Epstein's notorious crimes were reprehensible. Many women unquestionably suffered at his hands. Congresswoman Plaskett has devoted her life to rectifying injustice and is horrified by Epstein's conduct. But the Congresswoman had nothing to do with his criminal conduct and no reason to know it was happening. Plaintiffs do not have the right to malign her good name by claiming otherwise based on nothing but wild speculation, stated in conclusion reform. It appears the plaintiffs only named Congresswoman Plaskett in the case because she is high-profile Virgin Islands politician, presumably raising the profile of their complaint. Plaintiffs have no basis to suggest there was a nexus between Congresswoman Plaskett and Epstein's crimes. Um, how about the money she took? No nexus, huh? The amended complaint is legally and factually frivolous and was filed with no apparent justification. No aspect of the amended complaint survives even the most cursory review. The amended complaint should be dismissed for four reasons. This court lacks personal jurisdiction over Congresswoman Plaskett. Second, many of the allegations fall outside the statute of limitations. Third, the amended complaint's reliance on group pleading renders it fatally deficient under federal rule of procedure 8A. And fourth, the amended complaint consists almost entirely of bare-boned recitations of legal standards or conclusionary allegations. All but three allegations either assert no facts or assert conclusions masquerading as facts. These conclusionary allegations fail to come even close to the pleading, the element of a violation of a TVPA or negligence claim. The amended complaint is exactly the type of pleading the Supreme Court abhorred in Twombly versus Zickball. It fails every pleading standard. The scandalous and reprehensible nature of the allegations serve only to tarnish the Congresswoman's hard-won good name and reputation. The amended complaint should be dismissed, facts and background. 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 Virgin Islands and maintains a part-time residence in Washington, D.C. Congresswoman Plaskett does not reside in New York, maintain a home in New York, or own property in New York. Congresswoman Plaskett served in the United States Department of Justice from 2002 to 2004. You mean right in the middle of Jeffrey Epstein's criminal spree, huh? Okay. From 2004 to 2006, she worked as an in-house at a major U.S. corporation from 2006 to 2007. She worked at a private practice at a law firm in the Virgin Islands, the same law firm that conducted business for Epstein, by the way. From 2007 to 2012, Congresswoman Plaskett served as the general counsel for the Virgin Islands economic development authority. You mean the same group that gave Jeffrey Epstein all those tax breaks? Oh, that same group, got it. She then entered private practice until she was elected to the House of Representatives. In 2014, the people of the Virgin Islands elected Congresswoman Plaskett to represent them in Congress. Government of the VI election says of the VI 2014 election official results summary, November 15, 2014. She was sworn in as a member of the 114th Congress on January 6, 2015. While I'm shocked that Ted Liu didn't mention Ms. Plaskett and her ongoing lawsuit, I am absolutely surprised. From that day to the present, Congresswoman Plaskett has served in Congress. The Vietta is a semi-autonomous government organization dedicated to economic development in the Virgin Islands, VI Code, Title 29, Section 1100. The Vietta is legally distinct from the government of the Virgin Islands and has its own governance structure. The Virgin Island Code authorizes tax deductions and tax incentives for businesses that establish operations in the Virgin Islands and individuals who meet residency requirements. Virgin Island Code 29, Section 713F. The Virgin Islands Economic Development Commission is just one of four functions governed by the Vietta, USVI Economic Development Authority. One of EDC's functions is to evaluate applications for certain statutory authorized tax breaks. The EDC approved process starts with an investigation by the Chief Executive Officer or the Assistant Chief Executive Officer's Office. Virgin Island Code 29, Section 707 and 716. The Chief Executive Officer then evaluates the application and makes a report and recommendation to the EDC Board, Commission. Virgin Island Code 29, Section 707, 716. The Commission must then conduct its own evaluation of the applicant, conduct a public hearing, and if approval is granted, prepare a report that is signed by the CEO and Chairman of the Commission, which is then sent to the Governor of the Virgin Islands, Virgin Island Code 29, Section 717. The Governor of the Virgin Islands then makes the determination whether to grant or deny the federally authorized tax benefit package. The Eda General Council is not authorized to and does not make formal recommendations to the EDC or the Governor of the Virgin Islands as to eligibility for tax incentives. See Virgin Island Code 29, Section 707. A review of the law of the Virgin Islands would have informed plaintiffs of this process. Jeffrey Epstein was a well-known businessman who was accused of operating a worldwide sex trafficking operation in 2019. He died in prison while awaiting trial, plaintiffs assert that they were some of his victims. None of the plaintiffs ever met the Congresswoman, nor does the amended complaint offer a plausible set of identifying any nexus between the Congresswoman and Epstein's horrible crimes. In fact, Congresswoman Plaskit is mentioned in just six paragraphs of the 228 paragraph, 48 page complaint. In all this paper, there are only four actual allegations against the Congresswoman. First, plaintiffs allege that Congresswoman Plaskit was at all times an attorney for the EDC, an attorney in private practice in the same firm as Epstein's lawyer and a representative in the United States House of Representatives. Second, plaintiffs allege that Epstein and his colleagues contributed or loaned $30,000 to the Congresswoman's campaign. Third, plaintiffs allege that Congresswoman Plaskit solicited Epstein for a $30,000 donation to the Democratic National Committee, which was ultimately rejected and never paid. Fourth, plaintiffs allege on information and belief that Congresswoman Plaskit was responsible for recommending that the EDC provide tax breaks to Epstein and his company. This claim is contradicted by the controlling statute, which specifically vests the chief executive officer and the commission with this task. Virgin Island Code 29, Section 707. An official message from Medicare. A new law is helping me save more money on prescription drug costs. You may be able to save, too. With Medicare's extra help program, my premium is zero and my out-of-pocket costs are low. Who should apply? Single people making less than $23,000 a year or a married couple who make less than $31,000 a year. Even if you don't think you qualify, it pays to find out. Go to ssa.gov/extrahelp paid for by the U.S. Department of Health and Human Services. This is the story of the one. As a maintenance engineer, he hears things differently. To the untrained ear, everything on his shop floor might sound fine, but he can hear gears grinding. Or a belt slipping. So he steps in to fix the problem at hand before it gets out of hand. And he knows Granger's got the right product he needs to get the job done, which is music to his ears. Call clickgranger.com or just stop by. Granger, for the ones who get it done. Based on these limited allegations, plaintiffs assert four claims. Count one alleging that the Congresswoman violated the TVPA by receiving something of value for participation in a sex trafficking venture. Count two alleging that the Congresswoman aided and abetted Epstein's violations of the TVPA. Count three alleging a conspiracy to violate the TVPA. And count four alleging negligence, although the basis of the negligence claim against Congresswoman Plaskit remains unclear. None of these threat-bearers sometimes demonstrably untrue allegations establish any nexus between Congresswoman Plaskit and Epstein's crimes. Or even that she had reasoned to know of his crimes. Plaintives fell to allege that the Congresswoman did anything wrong or improper at all. These allegations are speculative, slanderous, and have no good faith basis. The amended complaint should be dismissed. The argument, one. Court lacks personal jurisdiction over Congresswoman Plaskit. The amended complaint should be dismissed pursuant to Fed R. Civ P-12B-2 for lack of personal jurisdiction. The court cannot exercise general jurisdiction over Congresswoman Plaskit because she is not domiciled in New York. Good year Dunlop-Tires operation, SA vs. Brown 564, US 915, 924, 2011. Therefore, plaintiffs must establish specific jurisdiction. To exercise specific jurisdiction, plaintiffs must establish that there is a statutory basis to exercise jurisdiction under New York's long-arm statute and that the exercise of jurisdiction comports with due process. Eduardo vs. Roman Catholic Bishop of Providence, 66F 4th, 6973, 2nd Circuit, 2023. Plaintives must establish personal jurisdiction as to each defendant on each claim and cannot rely on group pleading. In AGN Marine Petroleum Network Inc. 529, F.SUPP3D111135SDNY2021, a plaintiff's lack of statutory basis to assert jurisdiction under the long-arm statute. The New York long-arm statute, CPLR302 allows for the exercise of jurisdiction over a foreign defendant only when the alleged claims arise one from the transaction of business or the supply of goods or services in New York to the commission of a tortious act within New York 3. From a tortious act committed outside the state only if the defendant regularly engages in a persistent course of conduct in the state or could foresee an impact in the state and derive substantial revenue from interstate or international commerce or for from the ownership use of possession of property in New York. CPLRsection302A, none apply here. All right folks we're going to wrap up this episode here and in the next episode we're going to pick up with subsection 1. All of the information that goes with this episode can be found in the description box. An official message from Medicare. A new law is helping me save more money on prescription drug costs. Maybe you can save too. With Medicare's extra help program my premium is zero and my out-of-pocket costs are low. Who should apply? Single people making less than $23,000 a year or married couples who make less than $31,000 a year. Even if you don't think you qualify it pays to find out go to ssa.gov/extrahelp. Paid for by the U.S. Department of Health and Human Services.