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| Bill Cosby, William H Cosby, William Henry Cosby, Tamara Green, defamation, rape, drugs, date rape, counterclaim, countersuit, massachusetts, 3:14-cv-30211, mgm, december 2015, filed, district court, |
I'm only reporting on this case. I am not a party or witness in this case. I personally feel that Bill Cosby probably did do something untoward. There are just so many identical claims. Why else would someone bring up something so horrible years after statute of limitations to file a lawsuit? I have no proof either way. If Cosby did do these things he is accused of, he is a horrible person.
My only interest in this case is it parallels my defamation case. I reported someone for animal cruelty. They were investigated and found guilty of causing animals "pain, suffering and death" which is definition of animal cruelty. In retaliation they sued me for defamation stating my reports were "defamation."
I argued my reports to government agencies were fair and privileged. They can never be defamation. In order to show people why I was sued for defamation I posted my exact reports, photos and videographic evidence online. The appeals court ruled the reports were fair and privileged but once posted online, even though 100% the truth backed by tons of evidence and federal experts, they automatically become "defamation." They further ruled "defamation is assumed. It does not have to be proven." The entire case is just Texas good ole boy "justice" in action.
In my reply, petition for rehearing, besides bringing up the fact the judge grossly misquoted the record on most important item, I noted that if the ruling stood, people would report people for rape then get sued for defamation. Sure enough, it happened.
As I see it there will be some issues in the case. Here are but a few.
1. Statute of limitations for defamation is two years. The statute has run on some of the statements.
2. If the person defamed is a public figure, malice must be proven. One must prove the statement was defamatory and made knowing it was false for sole purpose to harm someone.
3. The statement must be something that can be proven false or true.
4. The evidence in the case also has a limitation as to time. Some evidence may be too old.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS WESTERN DIVISION
TAMARA GREEN, THERESE SERIGNESE, LINDA TRAITZ, LOUISA MORITZ, BARBARA BOWMAN, JOAN TARSHIS, and ANGELA LESLIE,
Plaintiffs, v.
WILLIAM H. COSBY, JR.,
Defendant.
Case No.: 3:14-cv-30211-MGM
JURY TRIAL DEMANDED
WILLIAM H. COSBY, JR.,
Counterclaim Plaintiff, v.
TAMARA GREEN, THERESE SERIGNESE, LINDA TRAITZ, LOUISA MORITZ, BARBARA BOWMAN, JOAN TARSHIS, and ANGELA LESLIE,
Counterclaim Defendants.
WILLIAM H. COSBY JR.’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFFS’ THIRD AMENDED COMPLAINT
(I omitted Cosby's answer and affirmative defenses. Old news. He basically admitted to the basics and denied everything else)
COUNTERCLAIMS
Counterclaim Plaintiff, William H. Cosby, Jr., by and through his undersigned counsel and in accordance with Rule 13 of the Federal Rules of Civil Procedure, brings these counterclaims against Counterclaim Defendants Tamara Green, Therese Serignese, Linda Traitz, Louisa Moritz, Barbara Bowman, Joan Tarshis, and Angela Leslie for their malicious, opportunistic, and false and defamatory accusations of sexual misconduct against Mr. Cosby.
1. Mr. Cosby is an internationally known American comedian, actor, and philanthropist. Beginning with his novel television work as a young African American actor on I Spy, the transformative cultural impact of The Cosby Show, and continuing throughout the past half-century as a philanthropist dedicated to promoting social justice issues with his involvement and contributions to causes from education to sickle cell anemia, Mr. Cosby prides himself in the legacy and reputation he has earned throughout his life, particularly as an entertainer and philanthropist. Mr. Cosby is an Emmy Award winner, a 1998 Kennedy Center Honors recipient, and in 2002 Mr. Cosby was awarded the Presidential Medal of Freedom.
2. The honorable legacy and reputation that Mr. Cosby has long cultivated, however, has been tarnished. Relying solely on unsubstantiated accusations, Counterclaim Defendants have engaged in a campaign to assassinate Mr. Cosby’s reputation and character by willfully, maliciously, and falsely accusing Mr. Cosby of multi-decade-old purported sexual misconduct. Counterclaim Defendants’ campaign is nothing more than an opportunistic attempt to extract financial gain from him.
3. Despite the recent barrage of unsubstantiated accusations, Mr. Cosby has never been criminally charged nor found liable by any Court for any sexual misconduct. And, despite that the Counterclaim Defendants’ purported events supposedly took place over multiple decades Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 77 of 89 -78- ago, by their own admissions none of them filed a report with law enforcement regarding their stories nor have any of them asserted any civil claims for relief based on their own stories of sexual misconduct.
4. Instead, Counterclaim Defendants did not file any claims against Mr. Cosby until after he was set to make a return to television by starring in a new family comedy television series on the National Broadcasting Company (“NBC”). Once news of Mr. Cosby’s television resurgence became well publicized, in 2014, each Counterclaim Defendant repeatedly and maliciously published their unsubstantiated stories through multiple interviews and posts on social media platforms.
5. Then, once Martin Singer defended Mr. Cosby by denying certain false accusations of sexual misconduct volleyed against him, Counterclaim Defendants filed a defamation lawsuit against Mr. Cosby to silence his defenses and monetize their false accusations.
6. Mr. Cosby brings these counterclaims to redress the injury and damages caused by Counterclaim Defendants’ malicious and unlawful conduct. JURISDICTION AND VENUE
7. This Court has diversity jurisdiction over these counterclaims pursuant to 28 U.S.C. § 1332 because diversity of citizenship exists and the amount in controversy exceeds $75,000, exclusive of interest and costs. This Court has supplemental jurisdiction over these counterclaims pursuant to 28 U.S.C. § 1367.
8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because a substantial part of the events giving rise to Mr. Cosby’s counterclaims occurred in this District. Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 78 of 89 -79- PARTIES
9. Counterclaim Plaintiff William H. Cosby, Jr. is an internationally known American comedian, actor, and philanthropist. Mr. Cosby resides within this District.
10. Counterclaim Defendant Tamara Green is an adult individual residing and domiciled in California.
11. Counterclaim Defendant Therese Serignese is an adult individual residing and domiciled in Florida.
12. Counterclaim Defendant Linda Traitz is an adult individual residing and domiciled in Florida.
13. Counterclaim Defendant Louisa Moritz is an adult individual residing and domiciled in California.
14. Counterclaim Defendant Barbara Bowman is an adult individual residing and domiciled in Arizona.
15. Counterclaim Defendant Joan Tarshis is an adult individual residing and domiciled in New York.
16. Counterclaim Defendant Angela Leslie is an adult individual residing and domiciled in Michigan. FACTUAL ALLEGATIONS
17. At or around the beginning of 2014, Mr. Cosby entered into an agreement with NBC to star in a new family comedy television series. Once news of Mr. Cosby’s television resurgence became well publicized, in 2014, upon information and belief, each Counterclaim Defendant engaged in a campaign to assassinate Mr. Cosby’s reputation and character by Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 79 of 89 -80- willfully, maliciously, and falsely accusing Mr. Cosby of multi-decade-old purported sexual misconduct in an opportunistic attempt to extract financial gain from their allegations.
18. Counterclaim Defendant Green has maliciously and knowingly published multiple false accusations that Mr. Cosby sexually assaulted her. For example, on at least two occasions in 2014, at least once in an interview with Newsweek, Ms. Green participated in interviews where she claimed that Mr. Cosby drugged and sexually assaulted her over 40 years ago.
19. Mr. Cosby neither drugged nor sexually assaulted Ms. Green. Aside from Ms. Green’s bare allegations, her claims of a sexual assault that purportedly occurred over 40 years ago remain unsubstantiated. Ms. Green admits that she never filed a report with law enforcement regarding her story nor has she asserted any civil claim for relief based on Mr. Cosby’s alleged sexual misconduct. Instead, upon information and belief, Ms. Green made these false statements in an effort to cause damage to Mr. Cosby’s reputation and to extract financial gains by means of them.
20. Counterclaim Defendant Serignese has also published false accusations that Mr. Cosby sexually assaulted her. For example, in or around November 2014, Ms. Serignese reached out to the Huffington Post and falsely asserted that Mr. Cosby drugged and raped her over 38 years ago, purportedly in 1976.
21. According to Ms. Serignese’s November 2014 story, she purportedly called Mr. Cosby after the alleged incident at her mother’s encouragement that “maybe [Mr. Cosby]’ll take care of you.” She subsequently accepted housing from Mr. Cosby at a Hilton penthouse for three weeks. Then, according to Ms. Serignese, in 1985 she contacted Mr. Cosby again as she was going through a divorce and ended up engaging in another sexual encounter with him. In 1993, Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 80 of 89 -81- Ms. Serignese claims, she again contacted Mr. Cosby to ask for and accept money from him after being involved in a traffic accident.
22. Mr. Cosby neither drugged nor sexually assaulted Ms. Serignese. Like the other Counterclaim Defendants, Ms. Serignese admits that she never filed a report with law enforcement regarding her story nor has she asserted any civil claim for relief based on her story of Mr. Cosby’s alleged sexual misconduct. Instead, upon information and belief, Ms. Serignese made these false statements in an effort to cause damage to Mr. Cosby’s reputation and to extract financial gains by means of them.
23. In or around November 2014, Counterclaim Defendant Traitz published at least three false statements and accusations that Mr. Cosby sexually assaulted her over 40 years ago. Like her other Counterclaim Defendants, Mr. Cosby did not sexually assault Ms. Traitz. Likewise, by Ms. Traitz’s own admission, she never filed a report with law enforcement regarding her story nor has she asserted any civil claim for relief based on her story of Mr. Cosby’s alleged sexual misconduct. Instead, upon information and belief, Ms. Traitz made these false statements in an effort to cause damage to Mr. Cosby’s reputation and to extract financial gains by means of them.
24. Counterclaim Defendant Moritz published false statements and accusations that Mr. Cosby sexually assaulted her through a public statement on or about November 20, 2014. Consistent with her other Counterclaim Defendants’ scheme, Ms. Moritz’s uncorroborated and bare assertions of sexual assault that purportedly occurred over 45 years ago remain unsubstantiated. Ms. Moritz’s fabrication is highlighted by the fact that, despite her repeated accounts that she was sexually assaulted by Mr. Cosby on set while waiting to make an appearance on “The Tonight Show,” Mr. Cosby was neither on the set of The Tonight Show nor Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 81 of 89 -82- was he physically present at the location she alleges the assault took place. Instead, Mr. Cosby did not sexually assault Ms. Moritz. Likewise, by Ms. Moritz’s own admission, she never filed a report with law enforcement regarding her story nor has she asserted any civil claim for relief based on her story of Mr. Cosby’s alleged sexual misconduct. Instead, upon information and belief, Ms. Moritz made these false statements in an effort to cause damage to Mr. Cosby’s reputation and to extract financial gains by means of them.
25. Counterclaim Defendant Bowman published false, uncorroborated, and multidecade old allegations of sexual assault against Mr. Cosby at least twice in 2014. Once through an interview with the Daily Mail on or around October 27, 2014, and again through an article she authored that was published online on or around November 13, 2014. In her interview with the Daily Mail, Ms. Bowman admitted that her new allegations were meant to address her “fear [] that [Mr. Cosby] will actually hit the NBC airways again;” indeed she brags that “the timing couldn’t be better. It sickens me to think he’ll be on TV again.”
26. Counterclaim Defendant Tarshis published false, uncorroborated, and multidecade old allegations of sexual assault against Mr. Cosby by sending her “old friend” a written statement that was published online on or around November 16, 2014. Likewise, Counterclaim Defendant Leslie published false, uncorroborated, and multi-decade old allegations of sexual assault against Mr. Cosby by giving an interview to the New York Daily News on or around November 20, 2014.
27. Like all the other Counterclaim Defendants, however, Mr. Cosby did not sexually assault Ms. Bowman, Ms. Tarshis, nor Ms. Leslie. And, like all the other Counterclaim Defendants, by their own admissions, neither Ms. Bowman, Ms. Tarshis, nor Ms. Leslie filed a report with law enforcement regarding their stories nor have any of them asserted any civil claim Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 82 of 89 -83- for relief based on their story of Mr. Cosby’s alleged sexual misconduct. Instead, upon information and belief, Ms. Bowman, Ms. Tarshis, and Ms. Leslie, along with their fellow Counterclaim Defendants, have made these false statements in an effort to cause damage to Mr. Cosby’s reputation and to extract financial gains by means of them.
28. Counterclaim Defendants’ intentional and malicious campaign to defame Mr. Cosby has caused him substantial injury. As a result of their false, opportunistic, and malicious allegations, Mr. Cosby’s reputation has been irretrievably damaged and his planned reemergence to network television destroyed as they intended. FIRST CLAIM FOR RELIEF (Defamation Per Se Against All Counterclaim Defendants)
29. Mr. Cosby repeats and re-alleges, as if fully set forth herein, the responses, affirmative defenses, and allegations of all of the preceding paragraphs.
30. At all relevant times, Mr. Cosby enjoyed the respect, confidence and esteem of his neighbors, as well as others in the community.
31. In or around February 2014 and November 2014, and at various times continuing through the present day, Ms. Green published to one or more third parties false and defamatory statements concerning Mr. Cosby as set forth above.
32. In or around November 2014, and at various times continuing through the present day, Ms. Serignese published to one or more third parties false and defamatory statements concerning Mr. Cosby as set forth above.
33. In or around November 2014, and at various times continuing through the present day, Ms. Traitz published to one or more third parties at least three false and defamatory statements concerning Mr. Cosby as set forth above. Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 83 of 89 -84-
34. In or around November 2014, and at various times continuing through the present day, Ms. Moritz published to one or more third parties at least three false and defamatory statements concerning Mr. Cosby as set forth above.
35. In or around October and November 2014, and at various times continuing through the present day, Ms. Bowman published to one or more third parties at least three false and defamatory statements concerning Mr. Cosby as set forth above.
36. In or around November 2014, and at various times continuing through the present day, Ms. Tarshis published to one or more third parties at least three false and defamatory statements concerning Mr. Cosby as set forth above.
37. In or around November 2014, and at various times continuing through the present day, Ms. Leslie published to one or more third parties at least three false and defamatory statements concerning Mr. Cosby as set forth above.
38. Each Counterclaim Defendant intentionally made and published the false and defamatory statements with actual malice, knowledge of, and reckless disregard as to the falsity of those statements because each Counterclaim Defendant knew that Mr. Cosby neither drugged nor sexually assaulted them.
39. Counterclaim Defendants’ false statements were defamatory because they held Mr. Cosby up to hatred, distrust, contempt, disgrace, scorn, and ridicule among considerable and respectable segments of the community, including from the media coverage and public reaction to Counterclaim Defendants’ false and defamatory statements.
40. Counterclaim Defendants’ false statements were defamatory per se because they falsely impute that Mr. Cosby engaged in criminal conduct. Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 84 of 89 -85-
41. Counterclaim Defendants’ false and defamatory statements have proximately caused and continue to cause Mr. Cosby to suffer substantial injuries and damages including, but not limited to, tarnish of reputation and public image, delay and/or cancellation of pending contracts, shame, mortification, hurt feelings, damages to property, business, trade, profession, and occupation. SECOND CLAIM FOR RELIEF (Defamation Against All Counterclaim Defendants)
42. Mr. Cosby repeats and re-alleges, as if fully set forth herein, the responses, affirmative defenses, and allegations of all of the preceding paragraphs.
43. At all relevant times, Mr. Cosby enjoyed the respect, confidence and esteem of his neighbors, as well as others in the community.
44. Tamara Green, Therese Serignese, Linda Traitz, Louisa Moritz, Barbara Bowman, Joan Tarshis, and Angela Leslie have each published to one or more third parties false and defamatory statements concerning Mr. Cosby as set forth above.
45. Each Counterclaim Defendant intentionally made and published the false and defamatory statements with actual malice, knowledge of, and reckless disregard as to the falsity of those statements because each Counterclaim Defendant knew that Mr. Cosby neither drugged nor sexually assaulted them.
46. Counterclaim Defendants’ false statements were defamatory because they held Mr. Cosby up to hatred, distrust, contempt, disgrace, scorn, and ridicule among considerable and respectable segments of the community, including from the media coverage and public reaction to Counterclaim Defendants’ false and defamatory statements. Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 85 of 89 -86-
47. Counterclaim Defendants’ false and defamatory statements have proximately caused and continue to cause Mr. Cosby to suffer substantial injuries and damages including, but not limited to, tarnish of reputation and public image, delay and/or cancellation of pending contracts, shame, mortification, hurt feelings, damages to property, business, trade, profession, and occupation. THIRD CLAIM FOR RELIEF (Tortious Interference Against All Counterclaim Defendants)
48. Mr. Cosby repeats and re-alleges, as if fully set forth herein, the responses, affirmative defenses, and allegations of all of the preceding paragraphs.
49. At or before the beginning of 2014, Mr. Cosby had an existing contract or an expectation of a contract to feature in a new family comedy series on NBC. Mr. Cosby also had existing contracts or an expectation of contract with Netflix at that time.
50. Each Counterclaim Defendant knew of Mr. Cosby’s existing or pending 2014 contracts with NBC and Netflix because, among other things, Mr. Cosby’s television resurgence became well publicized in the media.
51. Each Counterclaim Defendant induced both NBC and Netflix to postpone or cancel their contracts with Mr. Cosby by engaging in a campaign to assassinate Mr. Cosby’s reputation and character by willfully, maliciously, and falsely accusing Mr. Cosby of multidecade-old purported sexual misconduct in an opportunistic attempt to extract financial gain from their allegations.
52. Counterclaim Defendants’ unlawful conduct has proximately caused and continues to cause Mr. Cosby to suffer substantial injuries and damages including, but not Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 86 of 89 -87- limited to, tarnish of reputation and public image, delay and/or cancellation of pending contracts, shame, mortification, hurt feelings, damages to property, business, trade, profession, and occupation. FOURTH CLAIM FOR RELIEF (Intentional Infliction of Emotional Distress Against All Counterclaim Defendants)
53. Mr. Cosby repeats and re-alleges, as if fully set forth herein, the responses, affirmative defenses, and allegations of all of the preceding paragraphs.
54. Each Counterclaim Defendant intentionally engaged in a campaign to assassinate Mr. Cosby’s reputation and character by willfully, maliciously, and falsely accusing Mr. Cosby of engaging in sexual misconduct in an opportunistic attempt to extract financial gain from their allegations.
55. Counterclaim Defendants’ conduct was extreme and outrageous and beyond all possible bounds of decency because, among other things, falsely accusing another of sexual assault is morally repugnant and subjected Mr. Cosby to severe emotional distress from public ridicule, shame, and contempt of such a nature that no reasonable person could be expected to endure it.
56. As a result of Counterclaim Defendants’ intentional, extreme, outrageous, and morally repugnant conduct, Mr. Cosby has suffered and continues to suffer from severe emotional distress including, but not limited to, tarnish of reputation and public image, shame, mortification, hurt feelings, and shock and harm to his peace of mind by Counterclaim Defendants’ intentional invasion of Mr. Cosby’s mental and emotional tranquility. Case 3:14-cv-30211-MGM Document 121 Filed 12/14/15 Page 87 of 89 -88- WHEREFORE, Counterclaim Plaintiff William H. Cosby, Jr. respectfully requests that the Court enter judgment in his favor and against Counterclaim Defendants Tamara Green, Therese Serignese, Linda Traitz, Louisa Moritz, Barbara Bowman, Joan Tarshis, and Angela Leslie (collectively “Counterclaim Defendants”) as follows: A. An award for compensatory damages to the maximum extent permitted by law; E. An award for punitive damages to the maximum extent permitted by law; B. A permanent injunction enjoining Counterclaim Defendants from continuing to publish its defamatory statements; C. An injunction requiring Counterclaim Defendants to publically issue a statement and press release retracting and correcting its defamatory statements; D. An award of all costs and fees in this action, including attorneys’ fees and preand post-judgment interest; and E. All other such relief as this Court deems just and proper.
Dated: December 14, 2015
Respectfully submitted,
By: s/ John J. Egan Christopher Tayback Marshall M. Searcy III
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 South Figueroa Street,
10th Floor Los Angeles, California 90017-2543
(213) 443 3000
John J. Egan
EGAN, FLANAGAN & COHEN, PC
67 Market Street PO Box 9035 Springfield, MA 01102-9035
413-737-0260
Here is link to original case against Bill Cosby
https://drive.google.com/file/d/0BxE8KfVPjYF4UW1HbzRVckNwVkU/view?usp=sharing
Here is link to Bill Cosby's counterclaim
https://drive.google.com/file/d/0BxE8KfVPjYF4S1BTUS04dlNVb2M/view?usp=sharing
Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.
Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, single family, condo, pud, hud, fannie mae, freddie mac, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls,
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