In an almost classic piece of legal understatement, the Weinstein Company admits that Bob Weinstein is Harvey Weinstein’s brother as it seeks to have the latter’s lawsuit against TWC permanently tossed out.
“Wherefore, TWC respectfully requests that the Court enter an order dismissing the Complaint with prejudice, awarding the Company the costs of defending this action, including reasonable attorneys’ fees and costs; and awarding such other relief as the Court deems just and proper,” says a formal answer (read it here) to the much accused and disgraced producer’s preemptive initial action of October 26.
Facing accusations of sexual harassment and sexual assault for up to 80 women, investigations from the LAPD, NYPD, the New York Attorney General’s office and more, plus several lawsuits already, Weinstein is attempting to gain access to the his TWC email account, other correspondence and his employment file. The effort is in a move to defend himself and the company, so he says – though TWC seems not to want Weinstein’s help, at all.
However, beyond acknowledging the sibling relationship between the Weinstein, most of the filing yesterday in Delaware’s Court of Chancery unsurprisingly denies almost everything Harvey Weinstein says in his initial complaint and everything he asks for. This sot of response is pretty standard stuff in these matters but once again shows the dance the parties are participating in as a crippled TWC hovers on receiving a financial bailout or possible bankruptcy. To that end, even if the court decides to let Weinstein have some of what he wants, TWC still want to make sure he doesn’t get too much
“Mr. Weinstein seeks to inspect documents that contain confidential information of the Company, including sensitive business information,” states the 16-page response from TWC’s lawyers at Wilmington’s Ross Aronstam & Moritz LLP and NYC’s Cravath, Swain & Moore LLP. “To the extent any inspection may be granted by the Court, it should be subject to appropriate limitations on the use of any such documents,” they add.
Among its many denials, the November 15 filing also does grant that the New York Times published an expose “dated October 5, 2017 concerning Mr. Weinstein,” that Harvey Weinstein was terminated from the company that he still owns 23% of and that attorneys from both sides have sent letters back and forth,
Patricia Glaser, Harvey Weinstein’s main lawyer in the matter, did not respond to request for comment on this latest move in a case where her client is seeking to get things moving a bit quicker than usual. No doubt fully aware of the media spotlight that is shining on him brighter than ever, Weinstein has sought to have this matter expedited.
Accusing Harvey Weinstein of “decades of predatory sexual behavior,” a filing by TWC on November 1 opposed that fast tracking. A teleconference between the parties on November 2 basically saw Judge Joseph Slights split the difference and schedule a hearing for early January next year.
A hearing that TWC’s response of yesterday may try to get shifted or vacated if they get their way.