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Extracted Text (OCR)
Case 18-2868, Document 287, 08/09/2019, 2628251, Page67 of 76
audience for a press release is the public. The motion to
dismiss opinion clearly addressed this issue:
Sexual assault of a minor is a clear-cut issue;
either transgression occurred or it did not.
Either Maxwell was involved or she was not. The
issue is not a matter of opinion, and there
cannot be differing understandings of the same
facts that justify diametrically opposed opinion
as to whether Maxwell was involved in Giuffre’s
abuse as Giuffre has claimed. Either Giuffre is
telling the truth about her story and Maxwell’s
involvement, or Maxwell is telling the truth and
she was not involved in the trafficking and
ultimate abuse of Giuffre.
Giuffre, 165 F. Supp. at 152.
Maxwell has urged that these conclusions at the motion
to dismiss stage should be revisited and revised when
considering the summary judgment motion since the standard for
deciding a Rule 12(b) (6) motion is different from the standard
for deciding a Rule 56 motion. In deciding a 12(b) (6) motion,
the court must accept as true the factual allegations and draw
all inferences in the plaintiff’s favor; a plaintiff need only
state a claim that is “plausible on its face.” Id. at 149
(internal quotation marks and citation omitted). In contrast,
for a Rule 56 motion, the plaintiff defending the motion may not
“rest on [the] allegations” in her complaint. Anderson, 477 U.S.
at 249.
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Extracted Information
Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p02015.png |
| File Size | 414.8 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 1,432 characters |
| Indexed | 2026-02-04 12:31:50.975227 |