As Harvey Weinstein is trying to get the criminal case against him tossed and avoid life behind bars, the much-accused producer today looks to have at least one of the many civil cases he faces coming to an end – or at least the end is in sight.
“It is hereby stipulated and agreed, by and between the undersigned, counsel for the parties herein, that an adjournment of proceedings in this action due to ongoing settlement discussions is in the interest of the parties to this litigation and their undersigned counsel,” declared a filing (read it here) in federal court Tuesday of the seemingly damning assault, battery, false imprisonment and violation of human trafficking laws case that an actor, producer and model going under the pseudonym Emma Loman earlier this year.
Starting with a meeting in 2004 and then an alleged assault two years later at the Cannes Film Festival, the initial filing from LA-set attorney Joseph A Ferrucci of the Ferrucci Law Group and John Balestriere and Matthew W Schmidt of NYC-based Balestriere Fariello was meticulous in its vile details of what Weinstein is alleged to have done to the German citizen and resident in France 12 years ago It also unveils the revenge the producer sought when Loman sought to escape his demand for a ménage à trois.
“Plaintiff suffered serious physical, mental, financial, and reputational harm as a result of Weinstein and the venture exploiting her and using means of force, including rape and sexual assault, to force Plaintiff to engage in commercial sex acts,” the August 20 filing stated, in one of its less explicit passages.
After not a lot of docket movement since first being filed back in the summer, the explosive once wide-ranging damages and jury trial demanding complaint looks to be methodically moving towards a whimpering conclusion before Judge Consuelo Marshall.
Now laid out in calendar detail, the plan seems to be that the two sides will have come to a deal by February 22 next year, at the latest. At that point, soon after the documentary about the producer has debuted at the Sundance Film Festival, Weinstein will have introduced a motion of dismissal. If that there is no agreement to end the case at that point, that bit of paperwork will set off a back and forth process that takes the matter deep into the spring, at the very least.
In the criminal case in the Empire State, Weinstein in due back in court on December 20 for a hearing that could determine if the Manhattan D.A.’s case has any legs to go forward or not.
Along with being accused by Lohan and more than 60 other women of sexual assault or sexual harassment, Weinstein is under investigation by federal prosecutors as well as the probe by the Manhattan D.A.’s office and the NYPD.
Additional allegations against Weinstein have been reviewed by the LAPD, which sent an initial trio of cases to the L.A. County D.A. on February 8. Another case was handed over to that same office in in August. As UK police continue their investigation, the Beverly Hills Police passed two cases of sexual assault that they say occurred in their jurisdiction to Lacey’s office on January 2.
Weinstein is represented in the Loman case by Phyllis Kupferstein of L.A.’s Kupferstein Manuel LLP. Kupferstein is also repping the producer in his legal battle with Ashley Judd, also playing out in federal court. While still going through a series of discovery motions and more, that Judd case is pencilled in to go to trial on January 28, 2020.