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- Macy’s needs a decide to take away it from a sexual assault lawsuit towards Sean “Diddy” Combs.
- The swimsuit says Macy’s violated a gender-violence regulation by ignoring an assault on the Herald Sq. retailer.
- The plaintiff himself describes Diddy as “an equal alternative sexual predator,” Macy’s argues.
Macy’s needs to be eliminated as a defendant in a sexual assault lawsuit towards Sean “Diddy” Combs — and their arguments for dismissal embrace calling the rap entrepreneur “an equal alternative sexual predator.”
The October lawsuit accuses Macy’s of violating a New York Metropolis gender-violence regulation by masking up an alleged assault by Combs on a male worker on the Herald Sq. flagship retailer in 2008.
The worldwide division chain argues the plaintiff, solely recognized as John Doe, can’t accuse Macy’s of gender bias as a result of, in the exact same lawsuit, Doe himself describes Combs as keen to assault each women and men.
“Plaintiff’s personal allegations set up not solely that this was a same-sex assault, however that Mr. Combs sexually assaulted each women and men, with out regard to gender,” the Macy’s legal professionals argued in courtroom papers final week.
“Plaintiff doesn’t handle the truth that his personal allegations set up that Mr. Combs was an equal alternative sexual predator.”
A spokesperson for Combs declined to touch upon Macy’s argument, as a substitute referring BI to his personal movement to dismiss the case towards himself and his corporations, filed Tuesday.
His movement additionally challenges the applicability of New York’s gender-violence regulation. Combs has repeatedly denied any sexual assaults.
“Mr. Combs denies the completely false and salacious claims towards him within the Criticism and is assured that he and the Firm Defendants (towards whom no misconduct or participation is even alleged) could be totally vindicated if this case had been to proceed to trial,” his dismissal movement stated.
District Court docket Choose J. Paul Oetken’s choice on whether or not to dismiss Macy’s may come at any time. A call on Combs’ dismissal bid is just not due till someday after the plaintiff responds.
Macy’s is the deepest-pocket defendant by far in any of a blizzard of greater than 30 sex-assault lawsuits filed towards the rapper up to now yr.
The plaintiff says in his lawsuit that on the time of the alleged assault, he was working at Macy’s flagship Manhattan retailer for Ecko, a rival hip-hop style model to Combs’ Sean John Clothes.
His 19-page lawsuit alleges that he was working in a stockroom when Combs entered with three armed bodyguards who struck him and threatened to kill him.
Combs then orally raped him within the stockroom, whereas calling him “Ecko” and taunting, “You want that, white boy?” the lawsuit alleges. After what was alleged to be a two-minute assault, Combs then grabbed armfuls of Sean Jean clothes, left the stockroom along with his bodyguards, and proceeded at hand out garments to customers “as if nothing had occurred,” the lawsuit claims.
The plaintiff alleges that the chain did nothing to help him when he got here ahead along with his allegations towards Combs, and as a substitute fired him to guard a multimillion-dollar take care of Sean Jean.
In combating to be dropped as a defendant, legal professionals for Macy’s argued that the lawsuit doesn’t allege retailer workers had been in any means concerned within the assault.
Macy’s legal professionals additionally pointed to the New York Metropolis Victims of Gender-Motivated Violence Safety Regulation. The legal professionals for the person had argued of their lawsuit that the gender violence regulation entitled their shopper to hunt damages from Macy’s.
Macy’s countered that the regulation doesn’t allow claims towards firms for assaults previous to 2022, and that the lawsuit failed to supply any proof that the alleged violence was motivated by gender bias.
Combs’ alleged “white boy” taunt doesn’t confer with gender bias, Macy’s legal professionals argued in papers signed by legal professional Daniel Kotler.
The phrase “boy” in that situation “capabilities primarily as a time period of standing and belittlement (boy versus man) reasonably than as a gendered remark (boy versus woman) — it’s in impact an inversion of the classically racist use of the time period ‘boy’ to degrade or belittle African People,” Macy’s facet argued.
Kotler didn’t instantly reply to a request for remark for this story.
Buzbee, the lead legal professional for the plaintiff, counters in courtroom papers that the New York gender-violence regulation does cowl firms concerned in assaults previous to 2022. He additionally argues that “the truth that Combs violently assaulted folks of each genders doesn’t one way or the other exempt him” from the regulation.
“A fairly novel argument that ought to fail,” Buzbee informed Enterprise Insider on Tuesday of Macy’s dismissal arguments.