Noble v. Harvey Weinstein, Robert Weinstein, the Weinstein Co.

• Decision Date: 13 August 2018
• Docket Number: 17 Civ. 9260 (RWS)
• Parties: Kadian NOBLE, Plaintiff, v. Harvey WEINSTEIN, Robert Weinstein, The Weinstein Company LLC, and Weinstein Company Holdings, LLC, Defendants
• Court: U.S. District Court — Southern District of New York

335 F.Supp.3d 504

Kadian NOBLE, Plaintiff,

v.Harvey WEINSTEIN, Robert Weinstein, The Weinstein Company LLC, and Weinstein Company Holdings, LLC, Defendants

17 Civ. 9260 (RWS)

United States District Court, S.D. New York.

Signed August 13, 2018

Filed August 14, 2018

Attorneys for Plaintiff: Herman & Mermelstein, P.A., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, By: Stuart Samuel Mermelstein.

Attorneys for Defendants: Kupferstein Manuel LLP, 865 South Figueroa Street, Suite 3338, Los Angeles, CA 90017, By: Mary E. Flynn, Phyllis Kupferstein, Morrison Cohen, LLP(NY), 909 Third Avenue, New York, NY 10022, By: Aaron Michael Schue, Latisha Vernon Thompson, Schulte Roth & Zabel LLP (NY), 919 Third Avenue, New York, NY 10022, By: Carly Jeanine Halpin, Gary Stein, Brian Theodore Kohn, Barry A. Bohrer, Abigail Flynn Coster.

OPINION

Sweet, D.J.

Defendants Harvey Weinstein ("Harvey") and Robert Weinstein ("Robert") have moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the Amended Complaint of plaintiff Kadian

Noble ("Noble" or "Plaintiff") alleging violations of the Victims of Trafficking Victims Protection Act ("TVPA"), 18 U.S.C. § 1591 (" Section 1591"), under which a civil private right of action exists ( 18 U.S.C. § 1595 (" Section 1595") ), to Harvey's alleged 2014 sexual assault of Plaintiff in Cannes, France.¹

The alleged predatory sexual conduct of Harvey Weinstein has been the subject of extensive publicity, investigations, and litigation. ²

The instant Amended Complaint is the first instance seeking to apply the TVPA to an incident such as the one alleged by the Plaintiff.

Based on the conclusions set forth below, Defendant Harvey Weinstein's motion is denied, and Defendant Robert Weinstein's motion is granted.

I. The Amended Complaint

The following allegations,³ which are assumed true for purposes of the instant motion, Koch v. Christie's Int'l PLC, 699 F.3d 141, 145 (2d Cir. 2012), detail the actions of Harvey Weinstein in Cannes, France in 2014, which are alleged to violate Section 1591.

In February 2014, Harvey, a film-producer and co-founder of The Weinstein Company, LLC ("TWC" or "Weinstein Company"), approached Plaintiff, an aspiring actress, at a social function in London. Am. Compl. ¶ 15. After expressing professional interest in her as an actress, Harvey represented that he "wanted to learn more" about Noble. Id. Later that night, Harvey told Noble that he had a particular acting role in mind for her, insisting that "it will be good for [her]." Id. at ¶ 16. Harvey then introduced Noble to Charlotte, a TWC executive to whom Noble gave "detailed contact information." Id. Harvey repeated to Noble his assurance that the role he had in mind would "be good for [her]." Id.

Following their initial meeting in London, Harvey arranged an interview between Noble and Vanessa Ford ("Ford"), a Weinstein Company Executive Assistant. Id. at ¶ 20. At the interview, Noble spoke "at great length and detail" about her background, previous work experience, and aspirations. Id. Ford instructed Noble to write a "narrative" about herself, and to provide a film "reel," sampling her acting work, both of which she did. Am. Compl. ¶ 20. Ford assured Noble that the reel and the narrative would be sent to Harvey, and that Noble "would be contacted." Id.

In May 2014, Noble and Harvey were separately in Cannes, France for the 2014 Cannes Film Festival. Id. at ¶ 26. According to Plaintiff, Harvey approached her in the lobby at La Majestic Hotel, at which time Noble asked Harvey whether he had received her film reel. Id. at ¶ 27. Harvey confirmed that he had, but told Noble that he had not yet reviewed it. Id. Harvey then invited Noble to come to his hotel room to view the reel and to discuss the film role he had in mind for her. Id. at ¶ 27. According to Noble, because of Harvey's tremendous influence in the industry, and the promise of a lucrative film role, she went to his hotel room. Id. at ¶ 28.

Once in the hotel room, Harvey and Noble sat on a couch and watched her film reel. Id. at ¶ 29. As they watched, Harvey began massaging Noble and "gripped her shoulders." Id. at ¶ 29. He told Noble that he had all of "her details" and that he would "take care of everything" for her. Am. Compl. ¶ 29. Harvey told her that a particular male TWC assistant would be "on this task," and would also arrange a meeting for Noble with the Tess modeling agency in London. Id. at ¶ 29.

Harvey told Noble that, for "audition purposes," she needed to walk up and down through the hotel room for him, which she did. Id. at ¶ 30. Harvey then called an unnamed Weinstein Company producer in the United States and put Noble on the phone with him. Id. at ¶ 31. The producer told Noble that, if she was "a good girl" and did "whatever [Harvey] wished," then "they would work [with her]." Id.

Harvey then grabbed the Plaintiff, pulled her towards him, and groped her breasts. Id. at ¶ 32. Harvey told Noble that he "had to have her." Id. Noble resisted, saying "No, Harvey, No!" Id. At the same time, "because of the tangible and intangible benefits Harvey Weinstein promised," Noble physically complied. Id.

Harvey then forcibly pulled Noble into the bathroom, where he began rubbing her breasts and buttocks. Id. at ¶ 33. Noble told Harvey to stop, and tried to leave the bathroom, but Harvey blocked her exit and pulled her shirt down, revealing her breasts. Am. Compl. ¶ 35. Harvey then forced Noble's legs open, rubbed her vagina, and took his penis out and began masturbating. Id. at ¶ 36. Noble struggled and panicked. Id. at ¶ 36. Again, she attempted to leave the bathroom, but Harvey prevented her. Id. Harvey then grabbed Noble's hand, forced her to masturbate him, and used his other hand to control Noble. Id. at ¶ 37. Harvey assured Noble that "everything will be taken care of for you if you relax." Id. Noble understood this to mean that Harvey would follow through on his promise to wield his influence in this industry in her favor if the sex act was completed. Harvey ejaculated on the bathroom floor. Id. at ¶ 38.

Noble then left Harvey's hotel room. Id. at ¶ 39. On her way out, Harvey told her that "his people" would be in touch with her. Id. Noble understood this to mean that either Ford or the male assistant would be in contact regarding the film role or modeling opportunity. Id.

In the months that followed, Noble maintained contact with Ford, following up several times. Id. at ¶ 41. She was told to be patient, that Ford was waiting for instructions from Harvey. Id. Although Noble saw Harvey three times after the alleged 2014 sexual assault, no film role materialized. Am. Compl. ¶ 12. No follow up meetings were scheduled. Id. No actions were taken by Harvey to further Noble's career as an actress or as a model. Id.

As a result of Harvey's actions, Noble suffered emotional pain, mental anguish, shame, humiliation, loss of enjoyment of life, and other "permanent and continuing" injuries. Id.

The allegations relating to Robert include that he knew about, and benefited from, Harvey's international business dealings in his position as co-founder of TWC. Id. at ¶ 72-77. Robert "knew, or was in reckless disregard of the fact, that it was the pattern and practice of Harvey Weinstein to travel in interstate and foreign commerce to entice or recruit [ ] young female actors with the promise of roles." Id. at ¶ 74. Further, Plaintiff alleges he "willfully caused" Harvey's sex acts with Noble by "supporting Harvey Weinstein's pursuit of their joint business interests." Id. at ¶ 85.

The Amended Complaint alleges in Count I a violation of Section 1591 against Harvey Weinstein, in Count II participation in a venture in violation of Section 1591 against The Weinstein Company, in Count III participation in a venture in violation of Section 1591 against Robert, in Count IV an aiding and abetting violation of Section 1591 against The Weinstein Company, and in Count V an aiding and abetting violation against Robert.

II. Prior Proceedings

Plaintiff filed this federal lawsuit in November 2017, alleging violations of 18 U.S.C. § 1591, under which a private civil right of action is available pursuant to 18 U.S.C. § 1595, against Harvey, Robert, and The Weinstein Company. ECF No. 1. In February of 2018, Plaintiff amended her complaint, adding supporting facts and attaching the OAG Complaint against Harvey, Robert, and The Weinstein Company as an exhibit. ECF No. 48.

On March 20, 2018, The Weinstein Company Holdings and all of its wholly-owned subsidiaries, including the Weinstein Company, filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code, Section 11 U.S.C. §§ 101 - 1532. ECF No. 56. Pursuant to Section 362(a) of the Bankruptcy Code, an automatic litigation stay was entered for all cases involving the Weinstein Company, including this one. Id.

Defendants Harvey and Robert filed motions to dismiss on March 27 and May 15, 2018, respectively. ECF No. 59, 75. Both motions were heard on June 29, 2018, at which time they were marked fully submitted.

III. The Applicable Standards

A. Rule 12(b) (6)

On a Rule 12(b)(6) motion to dismiss, all factual allegations in the complaint are accepted as true and all inferences are drawn in favor of the pleader. Mills v. Polar Molecular Corp., 12 F.3d 1170, 1174 (2d Cir. 1993). A complaint must contain "sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face. ’ " Ashcroft v. Iqbal, 556 U.S. 662, 663, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ) (emphasis added). A claim is facially plausible when "the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 663, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955 ). In other words, the factual allegations must "possess enough heft...