Judge dismisses Rose McGowan's lawsuit against Harvey Weinstein due to missed deadline




  • In US
  • 2021-12-07 18:10:46Z
  • By NBC News
 

A California judge has dismissed Rose McGowan's lawsuit against Harvey Weinstein after she missed a court-imposed deadline to file paperwork supporting her case.

McGowan, who starred in the television show "Charmed" and movies like "Scream" and "Jawbreaker," was one of the first women to come forward to accuse Weinstein, now a convicted rapist, of sexual assault.

Her case, which was filed under the Racketeer Influenced and Corrupt Organizations Act (RICO) in October 2019, had accused Weinstein and former attorneys of having engaged in racketeering to try to silence her from speaking out about her allegation.

On Monday, Judge Otis Wright, who presides over the District Court for the Central District of California in Los Angeles, said McGowan had been given until Dec. 2 to file further documents to support her case.

In a court document, Wright said McGowan had missed that deadline, making her "unable to sufficiently plead" her case.

Her claims were dismissed "with prejudice," which means they cannot be brought again.

So far, McGowan, 48, does not appear to have spoken out about the development in her case. She terminated her relationship with her attorneys on Nov. 23 during a Zoom meeting, attorney Julie B. Porter said.

A spokesperson for Weinstein welcomed the news in a statement to NBC News.

"Out of the public glare, with proper time, legal work, evidence and facts, this is the way we believe they ultimately will all go," the spokesperson said. "A chapter is put behind as Mr. Weinstein keeps going forward to demonstrate the truth."

McGowan's lawsuit had alleged that Weinstein and his former attorneys had conspired to smear, defraud and marginalize her as she prepared to come forward with a rape allegation against Weinstein.

McGowan had been named in a report in The New York Times that said in 1997 she had reached a previously undisclosed settlement with Weinstein "after an episode in a hotel room at the Sundance Film Festival."

A legal document reviewed by The Times said the $100,000 settlement was "not to be construed as an admission" by Weinstein, but had been intended to avoid litigation and "buy peace."

The former film mogul has previously issued blanket denials of having nonconsensual sex with anyone.

McGowan had been tweeting in 2017 that she was preparing to name her alleged rapist in a memoir, "Brave," which was published the following year.

The lawsuit alleges that the defendants used spies posing as journalists and women's rights advocates to obtain a copy of the memoir and sought to smear her to others in the entertainment industry.

McGowan's case had been partially dismissed in December 2020, but she was allowed to file an amended complaint. The partial dismissal was due to the passing of a statute of limitations and the judge ruling that the alleged plot to obtain a copy of her book did not constitute racketeering activity.

Weinstein continues to serve time in a prison in Los Angeles after being sentenced to 23 years behind bars on a rape conviction in March 2020.

The disgraced film producer also faces trial for additional sexual assault allegations. He pleaded not guilty in September to 11 counts of rape and sexual assault stemming from allegations from five women.

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