Case Document Filed Page of LAW OFFlC8S OF VJe,Jt a,yiag"Q ARTHUR AIDALA MARIANNE 8EP.TU!1IA HON lARRY KAMJN Case Document Filed Page of a causal connection between the conduct and the injury and severe emotional distress Scotto The City of New York WL at SDNYDec citingBenderv City of New York F.3d 2d Cir Stuto Fleishman F.3d 2d Cir Therefore the allegation against Dershowitz is irrelevant and is of no consequence to Farmer in meeting her burden of proof as to the causes of action brought against the defendants In fact confronted with this fact Farmers letter is devoid of any explanation on how the allegation against Dershowitz has any relevance to her claims Plaintiff claims that the allegation is meant to corroborate Plaintiffs story No corroboration can be gleaned from the gratuitous allegation against Dershowitz In fact at the trial of this matter such an allegation would likely be inadmissible on a number of evidentiary grounds Farmer cites to Roe City of New York F.Supp.2d S.D.N.Y which held To prevail on a motion to strike the movant must demonstrate that the allegations have no bearing on the issues in the case Dershowitz has satisfied this criteria Serving no legitimate purpose other than to defame Dershowitz the Court should permit Dershowitz to move to strike the allegation from Farmers complaint as it clearly is redundant immaterial impertinent or scandalous material pursuant to F.R.C.P Rule In the alternative Dershowitz requests that the Court exercise its authority pursuant to F.R.C.P Rule and strike the allegation sua sponte as the Honorable Kenneth A Marra United States District Court for the Southern District of Florida did regarding allegations made against Dershowitz in Jane Doe and United States of America Finally Farmer claims that ifDershowitz seeks the imposition of sanctions against Farmer and BSF and an award of attorneys fees and costs pursuant to U.S.C and/or F.R.C.P Rule it will cause undue delay It should be noted that a motion for sanctions pursuant to F.R.C.P Rule must be made separately from a F.R.C.P Rule motion to strike and therefore one is not encumbered by the other In any event Farmer fails to articulate how such a motion would cause delay and prejll:dice as to her claims against the defendants As cited in Dershowitzs initial letter the Hon Jose A Cabranes stated Our legal process is already susceptible to abuse Shielded by the litigation privilege bad actors can defame opponents in court pleadings or depositions without fear of lawsuit and liability Brown Maxwell F3d 2d Cir Dershowitz is a victim of such abuse and as such he should be afforded the opportunity to seek relief by way of intervention CC All Counsel of Record via ECF
