gov.uscourts.nysd.447706.29.0.pdf

Case 1:15-cv-07433-RWS Document 29 Filed 01/22/16 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------X ............................................... VIRGINIA L. GIUFFRE, PLAINTIFF, DEFENDANT’S NOTICE OF V. SUPPLEMENTAL AUTHORITY GHISLAINE MAXWELL, 15-cv-07433-RWS DEFENDANT. --------------------------------------------------X In further support of her Motion to Dismiss the Complaint, Defendant Ghislaine Maxwell, through her attorney Laura A. Menninger of the law firm Haddon, Morgan and Foreman, P.C., hereby respectfully submits the recent decision in Hill v. Cosby, 15 cv 1658 (W.D. Pa. January 21, 2016). In Hill v. Cosby, the court dismissed, with prejudice, what it found to be a “very detailed and complete Complaint1” alleging, among other things, that Cosby defamed an alleged sexual assault victim by issuing statements to the press describing the allegations against him as “unsubstantiated, fantastical stories…[that] have escalated far past the point of absurdity.” (Ex. A at 8). Citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 339 (1974), the court held that “[t]his sort of purely opnionated speech…is protected and not actionable as defamatory speech.” Id. In dismissing the case, the court further noted that Cosby’s public denial of the claims against him was a “legal position” that does not “lead to an inference that Plaintiff is a ‘liar and an extortionist.’” Id. at 8, 12. 1 In fact, the full text of each allegedly defamatory statement was set forth in the Complaint. (Ex. A at 8).  Case 1:15-cv-07433-RWS Document 29 Filed 01/22/16 Page 2 of 2 The facts and arguments set forth in Hill v. Cosby are analogous to those here, and thus this newly issued decision is relevant to the arguments advanced by Ms. Maxwell in support of her Motion to Dismiss. Ms. Maxwell therefore respectfully requests that the Court take notice of this supplemental authority. Dated: January 22, 2016. Respectfully submitted, s/ Laura A. Menninger Laura A. Menninger (LM-1374) HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303.831.7364 Fax: 303.832.2628 [email protected] Attorney for Ghislaine Maxwell CERTIFICATE OF SERVICE I certify that on January 22, 2016, I electronically filed this Notice of Supplemental Authority with the Clerk of Court using the CM/ECF system which will send notification to the following: Sigrid S. McCawley BOIES, SCHILLER & FLEXNER, LLP 401 East Las Olas Boulevard, Ste. 1200 Ft. Lauderdale, FL 33301 [email protected] s/ Brenda Rodriguez Brenda Rodriguez 2