Attorneys representing Miami Dolphins star Xavien Howard filed a movement to dismiss a lawsuit alleging he gave a lady an incurable STD, saying it’s “the epitome of a shakedown.”
The girl’s allegations don’t match the {qualifications} to withhold her identification underneath the pseudonym Jane Doe, she has already publicly recognized herself and her “salacious and scandalous allegations” are “for the purpose of besmirching and disparaging” Howard’s status, attorneys Alan Mensa-Wilmot and Darren Heitner wrote within the movement filed Oct. 28.
The lawsuit, filed in Broward County final week, seeks damages in extra of $30,000 and a jury trial. The girl, recognized solely as Jane Doe, alleged in her criticism that Howard knew he had herpes simplex virus sort 2, genital herpes, and didn’t inform her. She discovered she contracted the STD when she bought a routine testing in March 2021 and that Howard “was the only individual who could have transmitted” it, based on the criticism.
Howard’s attorneys wrote that the lady has “engaged in a campaign of stalking” Howard each personally and utilizing different individuals, has threatened him with “multiple acts of violence” and extorted him for cash.
Howard’s attorneys wrote that the court docket permits plaintiffs to cover underneath aliases in solely the “exceptional case,” and plaintiffs are allowed to take action when difficult a governmental authority, in the event that they’ll should disclose “information of the utmost intimacy” or in the event that they’d be required to confess participating in criminal activity, risking prosecution. The girl’s allegations don’t meet these components, the movement argues.
The attorneys within the movement used the instance of sexual assault allegations in opposition to Cleveland Browns quarterback Deshaun Watson. Multiple Jane Doe plaintiffs made claims of sexual assault in opposition to Watson, however a number of judges dominated that the ladies needed to embody their names for the instances to go on.
Screenshots of a number of textual content messages between the lady and Howard are included within the court docket submitting, textual content messages that Howard’s protection attorneys wrote reveals her stalking him.
In one screenshot, the lady allegedly wrote she was outdoors Howard’s home and that she would go to his job the subsequent day “to pick the money up.”
“Stop comin to my crib,” Howard wrote, based on the screenshots within the movement.
“Stop me from comin,” the ladies wrote. “Cry baby [expletive].”
The girl allegedly then texted him that she would go to Howard’s job and “cause a whole scene,” based on the screenshots within the movement.
Another screenshot included within the submitting seems to be Instagram messages between the lady and another person whose photograph is redacted. The unidentified individual messaged the lady and mentioned she noticed Howard at a Renaissance Hotel in a black Bentley, writing “I was gonna bust out the windows … But I got a trick for that b—-.”
“He went to check in … I had my homegirl follow inside to make sure it was him,” the message to the lady suing Howard mentioned.
“Communication exchanged between Defendant and Plaintiff make it abundantly clear that Plaintiff is nothing more than a scorned ex-lover, who has elected to prey on Defendant’s public status for the purpose of obtaining a financial windfall without right or claim,” the movement says.
The movement goes on to additional say that the lady has trespassed at Howard’s dwelling and unfold false details about Howard on social media and tagged “known gossip sites/blogs” to attempt to unfold the data.
Brad Edwards, the legal professional representing Jane Doe, wrote in a separate movement filed Monday that the court docket ought to enable his shopper to proceed underneath the alias, writing that she has suffered “much embarrassment, humiliation and psychological trauma” and her identify being public would solely heighten that. The girl ought to be allowed to proceed as Jane Doe due to her criticism’s extremely delicate nature, the movement says.
Edwards additional wrote in his movement that the lady’s identification shouldn’t be publicly identified, that “she has not voluntarily called public attention to the offenses” and that Howard is aware of who she is.
“Moreover, the potential identification of Jane Doe poses a significant risk of retaliatory physical or mental harm. The unique circumstances of the Defendant’s profession, recognizability, and large following places the Plaintiff at a heightened risk for harassment, injury, ridicule or personal embarrassment given the public nature” of the case, Edwards wrote within the movement.
Edwards didn’t instantly return a voicemail or electronic mail in search of remark Thursday afternoon. Howard’s protection legal professional declined to remark when reached by electronic mail.
()
Source: www.bostonherald.com