🚨 UPDATE: Jay Z’s attorney (Roberta Kaplan) has responded to Tony Buzbee’s lawyers after they accused Jay Z’s side of obtaining consent for a larger brief “by fraud” and pulling a “bait and switch.”
Jay Z’s lawyers say there was no false statement.
Their position is that when they asked for permission to file a 40 page consolidated opposition on September 24, Jane Doe was still a defendant, her motion to dismiss was still pending, and she had not yet signed the declaration that was filed later that night.
They argue Buzbee’s fraud theory depends on treating Jane Doe’s later dismissal as if it had already happened when consent was requested.
They also accuse Buzbee’s side of trying to distract from Jane Doe’s new allegations against her former lawyers.
And because Jane Doe is now out of the case, Jay Z’s side has reduced its request from 40 pages to 33 pages, saying that is the same number of pages the remaining defendants collectively used in their opening briefs.
So now the fight is over whether the original request was misleading, and whether Jay Z should still get an expanded opposition brief at all.
🚨 In an interesting turn of events, Jay Z’s lawyers are now being accused by Tony Buzbee’s side of a “bait and switch” and of procuring consent to a court request “by fraud.”
Here’s what happened.
On September 24, Jay Z’s lawyers asked Judge Dale Ho for permission to file one combined 40 page opposition to the three pending motions to dismiss filed by Jane Doe, the Curis defendants, and the Buzbee defendants.
The request said the parties had met and conferred and that the defendants consented.
But Buzbee’s lawyers now say they only agreed because they understood Jay Z was responding to ALL THREE motions.
According to their filing, hours after Jay Z’s lawyers made that request, Jay Z voluntarily dismissed all claims against Jane Doe.
Buzbee’s lawyers say that changed the entire premise of what they had agreed to and that Jane Doe’s dismissal was already “in the works” before Jay Z sought permission for the larger brief.
They accuse Jay Z’s side of deceiving the defendants and the court, calling it a “bait and switch,” and they have now withdrawn their consent.
They are asking the judge to DENY Jay Z’s request for the 40 page omnibus brief, arguing he no longer needs the extra pages because Jane Doe’s motion is now moot.
This case just got even messier.