Rose McGowan’s federal lawsuit against Harvey Weinstein is DISMISSED after she failed to file correct paperwork by deadline: Actress claims disgraced movie mogul sexually assaulted her
- Rose McGowan was among the first to accuse Harvey Weinstein of sexual abuse, revealing in 2017 that he had raped her in 1997
- Her allegations led ultimately to Weinstein being convicted of sexual assault and sentenced by a New York judge to 23 years in prison in 2020
- McGowan in October 2019 sued Weinstein under the racketeering act, accusing him of masterminding a criminal enterprise to silence her
- The charges were partially dropped in December 2020, and on Monday the judge in Los Angeles ordered they be dismissed as she failed to file paperwork
- She issued tweets about climate change on Monday night, but hasn’t commented on the dismissed suit
McGowan, 48, was one of the first women to publicly accuse the disgraced film producer of sexual assault, but has now let her federal case against him collapse.
She tweeted about climate change on Monday night, but has not made any remarks about the failed lawsuit.
In 2017, McGowan accused Weinstein of raping her at the Sundance Film Festival in 1997, and her allegations sparked the chain of the events that culminated in his being sentenced by a New York judge to 23 years in prison in 2020.
In October 2019, McGowan filed a federal suit against Weinstein’s legal and security teams, alleging their efforts to suppress sexual assault and harassment allegations against him violated the Racketeer Influenced and Corrupt Organizations Act (RICO Act).
Rose McGowan is seen in September, campaigning for the Republican candidate for governor of California, Larry Elder. On Monday her case against Harvey Weinstein was dismissed
McGowan is seen with Weinstein in Los Angeles, at the 2007 premier of Grindhouse
In the lawsuit, filed in U.S. district court in California, McGowan alleged that Weinstein launched an effort involving ‘some of the most powerful forces that money can buy,’ including attorney David Boies and Israeli security firm Black Cube.
She said that Weinstein launched the campaign after learning she planned to allege in her 2018 memoir Brave that he raped her in 1997.
On Monday, Judge Otis Wright, presiding over the District Court for the Central District of California, in Los Angeles, dismissed her case.
He had given her, on November 9, a December 2 deadline to file further documents, to support her case.
‘As of todays date, Plaintiff has not filed any brief in response to the Courts Order and Minute Order,’ court documents state.
‘Accordingly, Plaintiff is deemed to have conceded the two points the Court gave her opportunity to argue in the supplemental brief.
‘Accordingly, the Court concludes that Plaintiff is unable to sufficiently plead a RICO claim, meaning that further amendment would be futile.’
Weinstein is seen in June at Wende Correctional Facility near Buffalo, New York – ahead of his extradition to California
Weinstein is seen arriving in court in New York in February 2020
McGowan speaks outside court in January 2020, during Weinstein’s trial in New York
Her RICO claims were dismissed with prejudice – meaning they cannot be brought again.
McGowan has yet to comment on why she didn’t file the paperwork.
Other charges in the filing – which initially included wiretapping, fraud and violating the Bane Act, a California anti-intimidation/coercion statute – were dismissed without prejudice, meaning that she can attempt again to file a suit.
McGowan’s case was partially dismissed in December 2020, but the judge allowed her to file an amended complaint.
McGowan now lives in Mexico City.
Weinstein is in prison in Los Angeles, where he currently faces trial for further sexual assault allegations.
He pleaded not guilty in September to sex-related criminal counts involving five women over a nine-year period.