I'm surprised he didn't at least just try and get this dismissed before answering. The answer itself is also just boiler plate. Just ask her how much money she needs to go away.
It is really odd and I don't know whether it happened because it seemed like a waste of money or because his lawyers were sloppy and didn't have time.
The only reasonable argument I can see is something like "if it is dismissed without prejudice and then refiled in a stronger way then we gain nothing so might as well keep it like it is". I still think this is retarded because in this case you are disadvantage and you should take every shot you can.
he says that number is 15 mil and he wont pay it
To be fair that is an extortionate amount. I don't even think she would be entitled to that much even if she brought this all the way to trial and won a Jury verdict.
Which I suppose is one way to deal with it. Don't put too many roadblocks up and death March to trial.
15 mil according to Destiny. Did he provide any evidence/context to his claims? For all know he could be making shit up to hurt Pxie's image.
Destiny very rarely outright lies, his go to method for lying is by omission.
Destiny has been willing to change parts of his story. He has claimed for example that a hacker is responsible for images being leaked.
He can lie to us because it is very unlikely that any kind of negotiation transcript would ever be released.
Destiny is a slippery fish and whenever he says something like this you should take it with a massive grain of salt.
Of course Tiny didn't try to get it dismissed. Then he'd be paying to get her to go away and that'd mean he did something wrong. He's going to court and he's going to win the case and be completely absolved of the entire thing. That'll show those no good dang dirty trolls on the Kiwi Farms!
I mean it is a theory as to why he didn't file a motion to dismiss for failure to state a claim. But I don't think it is true and he would be enormously retarded if it was.
I was just hoping Destiny might find a lawyer arguing there we’re not damages, but a net positive for her career aspirations.
They likely absolutely will argue this. It is in one of the Affirmative defense where they basically say "Pxie was not harmed by this lawsuit".
They will likely make every possible argument they might think they can get away with that might work. They will do things that aren't legal arguments but make this case painful.
One of the Destiny's lawyers, Andrew Brettler, is famous for representing Prince Andrew. Andrew Brettler is also known for humiliating women giving testimony and it is likely he will do a lot of the same in this case.
Expect to see some very painful and unpleasant stuff in this lawsuit, like what you described. The silver lining is this is going to be really painful for Destiny too.
He probably fears paying one woman to go away will lead to a dozen more wanting the same.
Yeah allegedly Destiny has done this type of thing to a lot of women, but the percentage that have decided to do something about it is very low.
Of course Tiny is trying to get it dismissed, it's right there in the prayer for relief. First item. But that's just pro forma, every defendant prays for that in their answer
I'll explain this to you because it isn't super clear.
This Affirmative defense should have been a motion to dismiss, that was filed before the answer was filed. Specifically you file a motion to dismiss for failure to state a claim and then he court pauses and rules on that motion. If they rule in your favor then the entire lawsuit ends if not than you just start the answer.
This is different from merely praying for dismissal.
