Beyond The Horizon
Stacey Plaskett And Her Motion For Rule 11 Sanctions (Part 1) (7/15/24)
A motion for Rule 11 sanctions is a legal procedure in the United States federal courts where a party requests the court to impose penalties on another party or their attorney for filing frivolous, legally baseless, or improper pleadings and motions. Rule 11 of the Federal Rules of Civil Procedure mandates that attorneys or unrepresented parties ensure that their submissions are well-grounded in fact, legally tenable, and not filed for any improper purpose such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.Key Elements of Rule 11 Sanctions:
- Certification Requirement: When an attorney or party submits a document to the court, they are certifying that to the best of their knowledge, information, and belief, the document is not being presented for any improper purpose, the claims or defenses are warranted by existing law or a nonfrivolous argument for the extension, modification, or reversal of existing law, and the factual contentions have evidentiary support (Justice) (Justice).
- Grounds for Sanctions: Rule 11 sanctions can be imposed if a filing:
- Is submitted for an improper purpose.
- Contains claims, defenses, or other legal contentions that are not warranted by existing law or by a nonfrivolous argument for changing the law.
- Contains factual contentions that lack evidentiary support or are unlikely to have evidentiary support after further investigation.
- Contains denials of factual contentions that are not warranted on the evidence
- Procedure: A motion for Rule 11 sanctions must be made separately from other motions and must describe the specific conduct alleged to violate Rule 11. The motion must be served on the offending party, who then has 21 days to withdraw or correct the offending submission. If the party does not take appropriate corrective action, the motion can then be filed with the court.
- Sanctions: Sanctions under Rule 11 can include non-monetary directives, penalties payable to the court, and payment of the movant's attorney's fees and other expenses directly resulting from the violation. The aim of the sanctions is to deter future misconduct rather than to compensate the wronged party.
The primary purpose of Rule 11 is to deter baseless filings in district court and to streamline the administration and procedure of federal courts by reducing frivolous claims. It ensures the integrity of the legal process by holding parties and their attorneys accountable for their submissions.
(commercial at 8:14)
to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.610915.127.0.pdf (courtlistener.com)
- Duration:
- 14m
- Broadcast on:
- 15 Jul 2024
- Audio Format:
- mp3
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 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 US Department of Health and Human Services. This summer, saddle up with the only sports book where you can bet on horse racing. FanDuel! Right now, new customers can get a no-sweat first bet up to $500. Just download the app or go to fanduel.com/horses to score your no-sweat bet up to $500. 21+ in present in Colorado. Offer valid on first real money wager of $5 or more. Verify an FD Racing account required. Bonus issued in non-withdrawable racing site credit that expires seven days after issuance. Max refunded $500. Restrictions apply. 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 start taking a look at Democratic Congresswoman Stacey Plaskett and her motion for Rule 11 sanctions against the Epstein survivors who filed the lawsuit against her. Meanwhile, Ted Liu has all kinds of fairy tales to sell you. Case # 123-CV-10301-AS Memorandum of Law in support of Congresswoman Stacey Plaskett's motion for Rule 11 sanctions. Preliminary statement. Rule 11 imposes the duty and obligation on all counsel to conduct a reasonable inquiry, to only file pleadings with the sound basis and law in fact, and to not file an action for an improper purpose. Counsel signed and filed the individual and class action second amended complaint with a flagrant disregard for these obligations. The SAC makes loud but hollow accusations against Congresswoman Plaskett knowingly joined a destructive sex trafficking ring that harmed hundreds of women for decades. She took his money, okay? And not only did she take his money, folks, she took it after he was already convicted. So spare me the bullshit, please. The SAC claims are seemingly derived from pure invention. They stretch facts to the point of misrepresentation in an attempt to bolster the otherwise-conclusionary fictional claims. The legal claims asserted are all frivolous, each lacking at least one fundamental, well-established element. The full facts and circumstances strongly suggest an improper motive or bad faith on the part of plaintiff's counsel. The inclusion of Congresswoman Plaskett in this action are a textbook rule 11 violation. Congresswoman Plaskett regretfully but respectfully moves for sanctions against plaintiffs' counsel. Oh yeah, regretfully, huh? Was she regretful when she was taking Epstein's money or begging him for a donation for the Democrats, facts, and procedural history? Congresswoman Plaskett has dedicated the past 17 years to serving the people of the United States Virgin Islands in 1994 upon graduation from law school, Ms. Plaskett swore the oath of office as an assistant district attorney in the Bronx County of New York, where she prosecuted crimes on behalf of the people of Bronx County, meaning she put people in jail for a pot. Declaration of Stacey Plaskett, from '97 to '99, as a young lawyer, she worked for a private company from 1999 to 2002. She served as counsel on the United States House of Representatives Ethics Committee. So somebody that was on the Ethics Committee didn't know it was a bad idea to take money or even solicit money from a child predator. Okay, I guess it makes sense. And then you take a look at the ethics of the people who are in office, and it really does start to come into focus, right? From 2002 to 2004, Congresswoman Plaskett served first as counsel to the assistant attorney general of the civil division and then his senior counsel to the deputy attorney general. In 2007, after two more years in private practice, Congresswoman Plaskett accepted the position of general counsel for the Virgin Islands Economic Development Authority, where she served from 2007 to 2012. The Veda is a semi-autonomous government organization dedicated to economic development in the Virgin Islands. Virgin Island Code 29, Section 1100, USVI Economic Development Authority. The Economic Development Commission is one of four functions for the Veda. USVI Economic Development Authority about us. The EDC has responsibility for investigating and recommending tax incentives to qualifying companies and individuals. Its function and many of its procedures are defined by statute. In 2014, after a short time in private practice in the USVI, Congresswoman Plaskett ran for office and was elected to Congress. She was sworn in as a member of the 14th Congress on January 6, 2015, where she served the people of her community ever since. All of these facts are easily located through basic internet research. Jeffrey Epstein was a wealthy financier, pedophile, who was famously well connected to hundreds of socially and politically active individuals. C.E.G., Taylor Nicole Rogers, Erin Snodgrass, Kelsey Vlamis, and Madeline Berg. Here are all the famous people Jeffrey Epstein was connected to, Business Insider January 4, 2022. Taylor Nicole Rogers, here are all the politicians Jeffrey Epstein, the money manager arrested for charges of sex trafficking, has donated to. So she's trying to use somewhat aboutism here, right? But what about all these other people? Epstein maintained the home in the USVI. He also had financial service related companies with employees in the USVI. In 1999, his company purportedly applied for and received tax incentives from the USVI for a 10-year term. C.E.G., Jonathan Stemple, Jeffrey Epstein got $300 million in tax breaks, paid US Virgin Islands Police, JP Morgan says. His company re-applied in tax incentives were renewed in 2012. For 20 years between 1999 and 2019, Epstein's companies received approximately $300 million in tax breaks in the USVI. In 2008, Epstein pleaded guilty in Florida for soliciting prostitution from an underage girl, Samuel Goldsmith, Jeffrey Epstein pleads guilty to prostitution charges and Y Post, June 30, 2008. This was just the tip of his criminality. In 2019, Epstein was revealed as having operated a worldwide sex trafficking operation, C. Maheda 'Kajanin', here's what to know about the sex trafficking case against Epstein. The fallout was public and wide-ranging. With many high-profile individuals, the alleged have participated in Epstein's sex trafficking activities. On December 27, 2022, the government of the United States Virgin Islands filed suit against JP Morgan Chase in the Southern District of New York, alleging that JP Morgan Chase profited from Epstein's sex trafficking ring and failed to report his activities. See, government of the US Virgin Islands versus JP Morgan Chase Bank. The JP Morgan filing included claims that Epstein had deep connections to the USVI and USVI politicians. The release made national news. The JP Morgan filing made the following claims about Congresswoman Plaskit, one that Epstein supported her for Congress. After she worked for the Veda, two, that he had several individuals connected to him, donated $30,000 across three campaigns, three that she solicited donations from Epstein, and four that he contributed the maximum amount to her campaigns. The JP Morgan filing made no other allegations and did not accuse the Congresswoman of knowing complicity in Epstein's sex trafficking. Here's the big rub, just to interject, and this is why it's not a Rico case. If it was a Rico case, then Stacey Plaskit would be caught up. And we know that their faves can't be caught up. And we know that this is just backfired on them at this point. And the boomerang effect is certainly happening. People have a lot of questions about all these high-profile Democrats that were involved with Jeffrey Epstein now. And we have Ted Luda thanked for it because he had to open his big mouth, right? Didn't know the first thing about the first thing, but he had to open his mouth. So if you want to be mad at anybody, be mad at him. On November 22nd, 2023, council filed the first complaint in this action. On December 13th, 2023, council filed the first amended complaint. The first amended complaint asserted claims for violations of the Trafficking Victims Protection Act, aiding and abetting the TVPA, conspiracy to violate the TVPA, and negligence. The first amended complaint barely mentioned the Congresswoman. It cited just the following facts. That Congresswoman Plaskit worked for a law firm used by Epstein, two, that Epstein and his colleagues contributed 30,000 to her campaign, three, that Congresswoman solicited a donation from Epstein for the Democratic Congressional Campaign Committee, and four, that on this information and belief, Congresswoman Plaskit recommended 300 million in tax breaks for Epstein's companies. You've heard of Pizza Hut $7 deal lovers menu, right? All these delicious items for only $7 each when you buy two or more. But something's off. I mean, pizzas, melts, boneless wings, bacon, cheddar cheese, sticks, oven, big pastas, cinnabon mini rolls, and that's not even the whole menu. I'll keep eating or digging. You should too. Check out the $7 deal lovers menu at your local pizza hut. Product availability prices and participation may vary. Additional charges and exclusions may apply. Wings included are eight-count boneless. This summer, saddle up with the only sports book where you can bet on horse racing, FanDuel. Right now, new customers can get a no sweat first bet up to $500. Just download the app or go to fanduel.com/horses to score your no sweat bet up to $500. 21 plus in present in Colorado. Offer valid on first real money, major of $5 or more. Verify FD Racing account required. Bonus issued a non-withdrawable racing site credit that expires seven days after issuance. Max refund $500. Restrictions apply. See terms at racing.fanduel.com. Gambling problem, call 1-800 gambler. On March 19, 2024, Congresswoman Plaskett served a letter on plaintiff's counsel, identifying several factual inaccuracies in the first amended complaint and pointing out that several of the claims were legally frivolous. The letter warned that should counsel continue to press a complaint, the Congresswoman would proceed to serve and then file a Rule 11 motion. Plaintives counsel responded right away, indicating that they would consider withdrawing the allegations against the Congresswoman if given access to her deposition in the JP Morgan action. That deposition was marked confidential, but the Congresswoman's counsel agreed to try to get the confidentiality designation lifted. Well, that should be easy, all she should have to do is request it. On March 28, 2024, Congresswoman Plaskett filed her motion to dismiss to comply with then-existing deadlines, further putting plaintiff's counsels on notice of the defects in the first amended complaint. On May 13, 2024, just before plaintiff's replies were due, plaintiff's counsel filed the second amended complaint. Plaintiff later filed a corrected second amended complaint that made some substantive changes to the factual allegations, but not the legal claims. Rather than wait to review the deposition of Congresswoman Plaskett and potentially withdraw the complaint, plaintiff doubled down with the SAC. The SAC took the allegations from speculative into pure fantasy, recognizing that the first amended complaint contained no facts supporting the claims against the Congresswoman. It appears plaintiff's counsel made the decision to simply make facts up. Many of these facts are directly contraverted by law, regulation, or even a simple internet search. The SAC openly accused the Congresswoman of taking bribes at accused her of using her position and her office to further a sex trafficking operation at accused her of facilitating Epstein's access to victims. And it accused her of expressly agreeing to join a sex trafficking operation. Far from correcting factual errors and misstatements from the first amended complaint, counsel mutated them, crossing the line from questionable exaggeration to outright untruth fiction and misrepresentation. Counsel withdrew the untenable aiding and abetting the TVPA account from the first amended complaint, but replaced it with an equally frivolous civil Rico claim. Counsel also left in the nonsensical negligence claim from the first amended complaint. All the while, it relied on defamatory and inflammatory claims that Congresswoman Plaskett was a knowing participant in Epstein's criminality. The SAC violates every precept of Rule 11, the outrageous allegations, the baseless legal claims, and the refusal to correct the affirmative misstatements all demonstrate an improper purpose. Rule 11 sanctions are now warranted. All right, we're going to wrap up right here, and in the next episode, we're going to pick up with the legal argument. 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. 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 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 US Department of Health and Human Services. This summer, saddle up with the only sports book where you can bet on horse racing. FanDuel. Right now, new customers can get a no-sweat first bet up to $500. Just download the app or go to fanduel.com/horses to score your no-sweat bet up to $500. 21+ and present in Colorado. Offer valid on first real money wager of $5 or more. Bareified FD Racing account required. Bonus issued in non-withdrawable racing site credit that expires seven days after issuance. Max refund $500. Restrictions apply. terms at racing.fandual.com. Gambling problem, call 1-800-GAMBLER.