Attorneys representing Miami Dolphins star Xavien Howard filed a motion to dismiss a lawsuit alleging he gave a woman an incurable STD, saying it is “the epitome of a shakedown.”
The woman’s allegations do not fit the qualifications to withhold her identity under the pseudonym Jane Doe, she has already publicly identified herself and her “salacious and scandalous allegations” are “for the purpose of besmirching and disparaging” Howard’s reputation, attorneys Alan Mensa-Wilmot and Darren Heitner wrote in the motion filed Oct. 28.
The lawsuit, filed in Broward County last week, seeks damages in excess of $30,000 and a jury trial. The woman, identified only as Jane Doe, alleged in her complaint that Howard knew he had herpes simplex virus type 2, genital herpes, and did not tell her. She learned she contracted the STD when she got a routine testing in March 2021 and that Howard “was the only individual who could have transmitted” it, according to the complaint.
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Howard’s attorneys wrote that the woman has “engaged in a campaign of stalking” Howard both personally and using other people, has threatened him with “multiple acts of violence” and extorted him for money.
Howard’s attorneys wrote that the court allows plaintiffs to hide under aliases in only the “exceptional case,” and plaintiffs are allowed to do so when challenging a governmental authority, if they’ll have to disclose “information of the utmost intimacy” or if they’d be required to admit engaging in illegal activity, risking prosecution. The woman’s allegations don’t meet those factors, the motion argues.
The attorneys in the motion used the example of sexual assault allegations against Cleveland Browns quarterback Deshaun Watson. Multiple Jane Doe plaintiffs made claims of sexual assault against Watson, but several judges ruled that the women had to include their names for the cases to go on.
Screenshots of several text messages between the woman and Howard are included in the court filing, text messages that Howard’s defense attorneys wrote shows her stalking him.
In one screenshot, the woman allegedly wrote she was outside Howard’s house and that she would go to his job the next day “to pick the money up.”
“Stop comin to my crib,” Howard wrote, according to the screenshots in the motion.
“Stop me from comin,” the women wrote. “Cry baby [expletive].”
The woman allegedly then texted him that she would go to Howard’s job and “cause a whole scene,” according to the screenshots in the motion.
Another screenshot included in the filing appears to be Instagram messages between the woman and someone else whose photo is redacted. The unidentified person messaged the woman and said she saw Howard at a Renaissance Hotel in a black Bentley, writing “I was gonna bust out the windows … But I got a trick for that b—-.”
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“He went to check in … I had my homegirl follow inside to make sure it was him,” the message to the woman suing Howard said.
“Communication exchanged between Defendant and Plaintiff make it abundantly clear that Plaintiff is nothing more than a scorned ex-lover, who has elected to prey on Defendant’s public status for the purpose of obtaining a financial windfall without right or claim,” the motion says.
The motion goes on to further say that the woman has trespassed at Howard’s home and spread false information about Howard on social media and tagged “known gossip sites/blogs” to try to spread the information.
Brad Edwards, the attorney representing Jane Doe, wrote in a separate motion filed Monday that the court should allow his client to continue under the alias, writing that she has suffered “much embarrassment, humiliation and psychological trauma” and her name being public would only heighten that. The woman should be allowed to continue as Jane Doe because of her complaint’s highly sensitive nature, the motion says.
Edwards further wrote in his motion that the woman’s identity is not publicly known, that “she has not voluntarily called public attention to the offenses” and that Howard knows who she is.
“Moreover, the potential identification of Jane Doe poses a significant risk of retaliatory physical or mental harm. The unique circumstances of the Defendant’s profession, recognizability, and large following places the Plaintiff at a heightened risk for harassment, injury, ridicule or personal embarrassment given the public nature” of the case, Edwards wrote in the motion.
Edwards did not immediately return a voicemail or email seeking comment Thursday afternoon. Howard’s defense attorney declined to comment when reached by email.
Discovered on: 2022-11-03 20:43:53
Source: Xavien Howard’s attorney files motion to dismiss STD lawsuit
