David v. Weinstein Co. LLC

David v. Weinstein Co. LLC

Opinion

 [*294]  OPINION & ORDER

RONNIE ABRAMS, United States District Judge:

Plaintiff Wedil David filed this action against Defendants Harvey Weinstein, Robert Weinstein, The Weinstein Company LLC, and The Weinstein Company Holdings LLC,¹ asserting claims related to two alleged incidents of sexual assault by Harvey Weinstein. Defendant Harvey Weinstein moved to dismiss the Fifth Cause of Action (Sex Trafficking) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Defendant Robert Weinstein moved to dismiss the [**3]  Sixth  [*295]  Cause of Action (Negligence)—the only claim asserted against him in Plaintiff's Third Amended Complaint—for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, Harvey Weinstein's motion is denied, but Robert Weinstein's motion is granted. Plaintiff may proceed with the following causes of action: sexual battery, battery, assault, and sex trafficking against both Harvey Weinstein and the Companies; gender violence against Harvey Weinstein; and negligence and negligent retention or supervision against the Companies.

BACKGROUND

The facts of this case have been detailed in the Court's prior opinion granting the motions to dismiss the claims against nine former directors of the Companies (the "Director Defendants"). See David v. The Weinstein Company LLC, No. 18-cv-5414 (RA), 2019 U.S. Dist. LEXIS 69917, 2019 WL 1864073 (S.D.N.Y. Apr. 24, 2019). The Court therefore includes only those facts necessary to resolve the instant motions. These facts are drawn from Plaintiff's Third Amended Complaint, filed on June 6, 2019, and are assumed to be true for the purpose of the pending motions to dismiss. See Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017).

I. The Alleged Sexual Assaults

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