Turns out that the Weinstein Company doesn’t want any help from its much accused former co-chair Harvey Weinstein, nor does it feel any particular need to accelerate court proceedings for him or hand over all the files he is requesting. And Bob Weinstein doesn’t think he should be compared to his older brother at all when it comes to how they conduct themselves with women.
TWC made all that very clear today in an opposition to Harvey Weinstein’s lawsuit filed on October 26 and hit home that it does not see an equivalency between the disgraced producer and Bob Weinstein, despite what the former says. The poignant rallying to Bob’s defense at his estranged brother’s expense comes as the younger Weinstein was accused on October 17 of sexually harassing the showrunner for the now-canceled The Mist, the footnotes for this most recent filing — a claim Bob Weinstein denies.
Harvey Weinstein & James Toback Under Investigation By Beverly Hills Police
“To be clear, not a single woman has accused Robert Weinstein of sexual assault or rape — let alone of decades of predatory sexual behavior,” asserts the filing Wednesday from NYC firm Cravath, Swaine & Moore LLP and Wilmington’s Ross Aronstam & Mortiz LLP. “Weinstein’s suggestion that ‘similar’ allegations have been levied against both men is simply false and reveals the true, personal motivation behind the Demand,” the Delaware submitted document kicks back (read it here).
With a hearing set for Thursday in front of Judge Joseph Slights on a motion to expedite, TWC wants to hit the pause button now.
“Defendant respectfully requests that the Court deny Weinstein’s Motion and instead set this matter for trial in three to four months,” lawyers for TWC said today in response to Weinstein’s suit last week against the company the disgraced producer and his brother Bob Weinstein founded. In that legal action, which came as Weinstein also was seeking arbitration in the matter, attorney Patricia Glaser sought to have the issue fast-tracked.
As today’s response makes obvious, a fast track is not a priority for TWC. Neither, it appears, is handing over Harvey Weinstein’s employment file and access to his company emails.
“Weinstein does not assert that he needs these documents based on any purpose related to his interest as a member of the LLC, nor does he seek the types of documents (minutes and other Company records) regularly the subject of a books and records demand,” dismissively says Wednesday’s 15-page opposition to motion to expedite.
“Rather, the Complaint avers that Weinstein needs these internal TWC documents to ‘assist’ the Company in responding to investigations and lawsuits arising from Weinstein’s own wrongdoing,” it adds of looming investigation and lawsuits and the back-and-forth for these internal files since the company pink-slipped its co-chair on October 8. “Weinstein makes this claim even though no one has sought his ‘assistance,’ and even though none of these actions was pending when Weinstein first requested the documents.”
With the LAPD, NYPD, UK police and now Beverly Hills Police investigating allegations of sexual assault by Harvey Weinstein against a number of women, TWC received a subpoena from the New York Attorney General last week as the start of a possible civil rights violation probe. On October 24, actress Dominique Huett sued the company for $5 million, alleging it covered up Weinstein’s behavior such as his “sexual misconduct” toward her in November 2010.
While a number of prospective buyers are widely circling TWC, the 23% that Harvey Weinstein still owns will be at the heart of any acquisition, as will this case.
The Glaser Weil top litigator and Delaware’s Morris James LLP firm represent Harvey Weinstein in this case.
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