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Jay-Z is one step closer in its bid to have the lawsuit dismissed accused him of rape in 2000 13-year-old girls.
On Thursday, January 2 Judge Analisa Torres of the Southern District of New York granted the request of the rap mogul’s lawyer, Alex Spirofile a motion to dismiss the case on procedural grounds based on court documents shared through X legal journalist Meghann M. Cuniff.
Spiro argued in a Monday, Dec. 30 letter to Judge Torres the woman suing Jay-Z cannot make a claim against the rapper (real name Shawn Carter) under New York City’s Gender-Based Violence Protection Act because it didn’t take effect until after she accused her of being assaulted by Jay-Z.
In her lawsuit, the woman — identified only as “Jane Doe” — she claimed she was raped by Jay-Z and Sean “Diddy” Combs at the MTV Video Music Awards afterparty in September 2000 when she was just 13 years old. (Both stars have denied the allegations.) In December of that year, a NYC law offering civil remedies to victims of gender-based violence went into effect. (It was amended in December 2022 to allow a two-year period for people to submit historic claims that might otherwise be time-barred.)
According to Judge Torres’ ruling on Thursday, Jay-Z’s lawyer was granted permission to file a motion to dismiss the case until February 6. Jane Doe’s lawyers will then have until February 28 to file objections. Jay-Z has until March 14 to respond.
“Plaintiff cannot recover her sole claim under the Gender-Based Violence Victims Protection Act (GMV Act) because the Act is not retroactive,” Spiro wrote in a letter to Judge Torres on Monday. .
He continued: “Plaintiff alleges a violation of the GMV Act for conduct that allegedly occurred in September 2000. However, the GMV Act was not enacted until December 19, 2000, three months after the FAC alleges the conduct occurred, and cannot use it retroactively to create a cause of action that was not available to the plaintiff at the time in question.”
Doe’s attorney, Tony Buzbeewrote a letter to Judge Torres on Tuesday, Dec. 31, opposing Jay-Z’s request for a release. Buzbee wrote that “defendant’s argument regarding the GMVA is unpersuasive because it runs counter to the law’s primary intent: to make it easier for victims of gender-based violence to seek civil remedies in court—not as defendant would have it. it’s harder,” according to the court document shared by Cuniff on Thursday.
Last week, Judge Torres he said in court documents obtained by TMZ that Jane Doe can remain unnamed because she rejected Jay-Z’s first attempt to get it claim dismissed and Doe’s identity exposed. However, the judge noted that circumstances may change as the case progresses. Torres said she intends to revisit the issue if and when the case moves forward.
Doe’s lawyer, Buzbee and Jay-Z are also locked in their own legal battle. Jay-Z is suing Buzbee, accusing him of racketeering and defamation. Buzbee filed his own lawsuit against Jay-Z’s Roc Nation earlier this month, alleging the company bribed his clients to file lawsuits against his firm, threatened former clients and impersonated government officials. (Roc Nation called the lawsuit “baloney”.)