In the case of John Doe v. Sean Combs et al. (No. 1:24-cv-07973-RA), the plaintiff opposes the Combs Defendants' motion to dismiss, asserting that the complaint sufficiently alleges claims of sexual assault, battery, and related misconduct. The plaintiff argues that the detailed allegations meet the legal standards required to proceed, emphasizing that the complaint provides specific instances of the defendants' alleged wrongful conduct. Furthermore, the plaintiff contends that the motion to dismiss should be denied because the claims are not barred by any applicable statutes of limitations, and the complaint adequately states claims upon which relief can be granted.

The plaintiff also addresses the defendants' arguments regarding the sufficiency of the pleadings and the applicability of certain defenses, maintaining that these issues are more appropriately addressed at later stages of the litigation, such as summary judgment or trial. By highlighting the factual allegations and legal theories presented in the complaint, the plaintiff seeks to demonstrate that the case merits further judicial proceedings and should not be dismissed at this preliminary stage.


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source:

gov.uscourts.nysd.630242.68.0.pdf

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