After A Judge Said Last Month That He was close to Dismissing Jay-Z's Extrator Allegation Against Texas Attorney Tony Buzbee, The Same Judge Signaled Wednesday he Had Changed His Mind and Was printed to Let The Roc Nation Founder Proceed with the Legal Claim.
At A Hearing in Santa Monica, California, The Los Angeles County Judge Said He Reconsidered His Position Based on Stunning New Evidence Collected by Private Investigators and Submitted by Jay-Z's Lawyers.
The New Evidence Revolves Around a Converse The Investigators Had with the Jane Doe Who Claimed in A Aterved Lawsuit Filed Last December That Jay-Z Raped Her Alongside Sean “Diddy” Combs At An Awards Show Afterparty When She was 13 years old. In The Conversation Recorded on Feb. 21 On The Jane Doe's Front Porch in Alabama, The Woman Allegedly Said, “IT WAS More Diddy, Butbee Brought Jay-Z, Into it.” She appeared to Tell the Investigators that it was buzbee Who “Pushed” Her Into Publicly Naming Jay-Z as one of Her Herils.
“If the evidence can be considered – and the court believes it can be considered for this motion – it supports Not Only the defamation Cause of Action But Also The EXTortation Causes of Action,” Judge Mark Epstein Wrote in His Tentative Ruling Issued Wednesday. “For If One Accepts Doe's Statements to the Investigators at Face Value, then She at Least Inferentialy Did Not Authorize The Settlement Letter To Be Sent or Even This She was Going To Sue Carter at the time the [letter was] Maled. Withut a present intent to bring in Lawsuit, The litigation privilege Will Fail. “
Rolling Stone Previous Obtained a Portation of the Alleged DoorsTep Discussion with the Jane Doe. In The Snippet, one of the investigators Specifically Asked If Doe Was Saying That Jay-Z, Born Shawn Carter, was at the afterparty but “Didn'T Have Anything to do with the Any Sexual Acts Towards You.”
“Yeah,” doe reply. The Other Investigator Then Asked If It Was Buzbee Who suggests Jay-Z Had in Role in the Alleged Attack Following the MTV Video Music Awards in 2000. “He Was the One That Kind of Pushed Me Towards Going Forward With Him, with Jay-Z,” The Woman Replied.
Buzbee's Lawyers Foodt The Admissability and Relevance of the Conversation at the Hearing Wednesday, Arguing The Jane Doe Felt Threatened and Intimidated by the Visit from the Investigator, that the interview invaded Her Right to Attorney-Client Privilege, That She Didn's Consent to Any Recording, and that Carter's Camp was “Cherry-Picking” Certain Statements Out of Context. The Judge Said Alabama Allaws Conversations to Be Secretly Recorded, Even Though California, where the EXTORTION AND DEFAMATION LONWITIT WAS FILED, DOES NOT.
“I Don't Love Surreptitius Recordings, but we don't export our Laws to Other Jurisdictions,” Judge Epstein Said During the Hearing. He then Asked Carter's Lawyers Point-Blank Who Hired the Investigators. Carter's Attorney Robert Schwartz Said He Wasn'T Exactly Sure But After Checking With His Client, he confirmed Someone Working For Carter Hired the Pair Without Telling Carter. The Judge Said He Was Skeptical Carter Didn'T Know But It Was Possible The Staffer World Independently to Give Carter “Plausible deniability.” EiSer Way, he Said it Wasn't a Violaction for Carter to approach The Jane Doe, Though it would have had it If His Lawyers Did So While Knowing She Was Repressed by Buzbee.
In His New attempts Order, Judge Epstein Maintained His Prior Stance This Much of Carter's Defamation Claim Against Buzbee Showed enouted Merit to Clear The First Hurdle Set Up by Buzbee's Motion To Strike. He then turned to the demand letter buzbee sent to Carter Last November Seeking Private Mediation and a Financial Settlement Ahead of An early Lawsuit. Carter Says the letter Amound To Extctor. Buzbee's Lawyers Argue It was protected under the litigation privilege, meaning it was Alawed as part of a good-faith effort to resolve a civil disputes.
Judge Epstein Reasoned That If Doe's Statements, as Supplied by Carter's Camp, are accurate, they raise a triable issue of fact, meaning a Jury Might Find that She Did Not Authorize The Letter Sent Weeks Before Met and Spoke with Buzbee for the first time. “And with with client's authority to Send the demand letter, The Court is far from confident that the [letter did] Not Start to look more like exitorion Than An High Settle A Civil Sum, “The Judge Wrote in His attempts.
In His Oral Argument, Buzbee's Lawyer Samuel Moniz Said he disagreeed with the Court's Analysis. “The litigation privilege is extremely broad, extremely powerful, and pretty much the only claim that it doesn't eliminate is one for malicious prosecution,” moniz, from the firm sheppard mullin, said. “There's Direct Evidence from Multiple People WHO SAY [Jane Doe] Authorized This. There's Direct Evidence She Was Referred to This Firm to Pursue claims Against Carter. “
Judge Epstein Told Muniz, “I take your point on this and will give it some additional thought.” The Judge Declined to Adopt His Tentive At the End of the Hour-Long Arguments and Instead Set Follow-up Hearing for Further Argument on April 7.
“The Court Wants TE Emphasize This is a Difficult Motion, and that the New Evidence Has Thrown a Monkey Wrench Into the Court's Reasoning,” Judge Epstein Wrote in attempts. “And Further, it couuld well bell be That buzbee prevails at trial, or event potential on summary judgment, as new evidence comes to light and discovery Gets Underway.”
When Jay-Z First Sued Buzbee Anonymously in November, He Claimed the High-Powered Houston Attorney Was “Shamelessly” Trying To Extort Him While Representing Dozens of Plaintiffs With Claims Against Indicted Music Mogul Sean Combs. Three Weeks Later, Buzbee Filed the AMENDED COMPLANINT NAMING CARTER AS THE MALE CELEBRITY WHO ALLGEDLY RAPED DOE ALONGSIDE Combs When she was a minor.
Carter Immediately – and Veemently – Denied Doe's Allegations and Confirmed He was the John Doe Who Filed the Extrator Lawsuit. The Jane Doe Went on to Voluntecily Dismiss Her Entire Complaint Against Carter and Combs With Prejudice – Meaning It Can't Be Facy Again – On Feb. 14 After Admitting There Were Inconsistencies in Her Story.
Since then, Carter Has Filed a separate defamation lawsuit against doe in Alabama, claiming she and buzbee engaged in an “Evil Conspiracy” to exort Him with the “Completely fabricated” and “Wildly Horrific” turnip turnip.
In a sworn statement, Carter Said that he consider buzbee's demand letter an “Existtential Threat.” “Felt that Mr. Buzbee was placing a gun to my head that i either bow to his demands or encento personal and financial ruin. His actions caused me mental anguish about the ticking time bomb and what it would do to me, my family, and my hard-andned reputation,” he Wrote.
Combs, Meanwhile, Is Currently Charged with Sex Traffnking, Racketeering Conspiracy, and Transportation to Engage in prostitution. If convicted, he Faces 15 years to life in Prison. His Criminal Trial is set to Begin May 5 in New York.
Combs Has Been Sued by Dozens of Plaintiffs Alleging Sexual Miseduct. The Music Mogul, 55, Denies Any Wrongding. “No Matter How Many Lawsuits Are Filed, It Won't Change The Fact That Mr. Combs Has Never SexUally Assulted or Sex-Traffician Anyone-Man or Woman, Adult or Minor,” His Lawyers Previusly Told Rolling Stone.