Doe v. Combs

Case 1:23-cv-10628-JGLC Document 44 Filed 02/20/24 Page 1 of 11
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JANE DOE, : Civil Action No. 23-cv-10628 (JGLC)
:
Plaintiff, : ANSWER AND DEFENSES
:
v. : JURY TRIAL DEMANDED
:
SEAN COMBS; HARVE PIERRE; THE THIRD :
ASSAILANT; DADDY’S HOUSE RECORDINGS, :
INC. and BAD BOY ENTERTAINMENT :
HOLDINGS, INC., :
:
Defendants. :
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Defendant Sean Combs (“Defendant”), by his attorneys, for his Answer and Defenses to
the Complaint (the “Complaint”) filed by Plaintiff, hereby denies knowledge or information
sufficient to form a belief as to the truth or falsity of any allegation concerning the acts or omissions
of third parties, unless otherwise specifically stated, and responds specifically with respect to each
correspondingly numbered paragraph of the Complaint, as follows:
RESPONSE TO PRELIMINARY STATEMENT
1. Paragraph 1 of the Complaint alleges hyperbole, characterizations, and/or opinions for
which no response is required, and on that basis Defendant denies those allegations, denies all facts
alleged therein, and admits only that on November 16, 2023, Casandra Ventura filed her complaint
in this Court in which he was named a defendant.
2. Paragraph 2 of the Complaint alleges hyperbole and/or opinions for which no response
is required, and on that basis Defendant denies those allegations, and denies all purported facts
alleged therein.
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3. Paragraph 3 of the Complaint alleges characterizations and/or opinions for which no
response is required, and on that basis Defendant denies those allegations, except Defendant admits
that Joi Dickerson-Neal filed a complaint in the Supreme Court of the State of New York, County
of New York, on November 23, 2023 in which Defendant was named a defendant, and Liza
Gardner filed a complaint in the Supreme Court of the State of New York, County of New York,
on November 27, 2023 in which Defendant was named a defendant, and respectfully refers the
Court to those pleadings for their true content, meaning, and import.
that a pseudonymous plaintiff filed a complaint in the Supreme Court of the State of New York,
County of New York (the “Jane Doe State Action”), on November 21, 2023, in which Harve Pierre,
Bad Boy Records, and Combs Enterprises, LLC were named as defendants, and respectfully refers
the Court to that pleading for its true content, meaning, and import.
is required, and on that basis Defendant denies those allegations, except Defendant admits that he
is named a defendant in this action.
6. Defendant denies the allegations in paragraph 6 of the Complaint, except Defendant
denies knowledge or information sufficient to form a belief as to the truth or falsity of the
allegations in paragraph 6 of the Complaint to the extent they relate to the acts or omissions of
Plaintiff and all other persons, and on that basis denies them.
7. Defendant denies the allegations in paragraph 7 of the Complaint and avers that the
context, genuineness, and/or accuracy of the photographs are disputed.
2
8. Defendant denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations in paragraph 8 of the Complaint, and on that basis denies them, except
Defendant avers that he never participated in, witnessed, or was or is presently aware of any
misconduct, sexual or otherwise, relating to Plaintiff in any circumstance whatsoever.
9. Paragraph 9 of the Complaint alleges legal conclusions, remedies, and other relief for
which no response is required, and on that basis Defendant denies those allegations, except
Defendant avers that Plaintiff is not entitled to any relief whatsoever under the Complaint.
RESPONSE TO JURISDICTION AND VENUE
10. Paragraph 10 of the Complaint alleges legal conclusions for which no response is
required, and on that basis Defendant denies those allegations.
required, and on that basis Defendant denies those allegations.
PARTIES
or falsity of the allegations in paragraph 12 of the Complaint, and on that basis denies them.
required, and on that basis Defendant denies those allegations, except Defendant admits that he is
an individual who resides in California.
14. Defendant denies the allegations in paragraph 14 of the Complaint.
required, and on that basis Defendant denies those allegations, except Defendant admits that
3
Daddy’s House Recordings, Inc. (“Daddy’s House”) is incorporated in New York with its principal
place of business at 9255 Sunset Boulevard, West Hollywood, California 90069. Defendant
otherwise denies the allegations in paragraph 16 of the Complaint.
required, and on that basis Defendant denies those allegations, except Defendant admits that Bad
Boy Entertainment Holdings, Inc. (“BBE”) is incorporated in New York with its principal place
of business at 9255 Sunset Boulevard, West Hollywood, California 90069. Defendant otherwise
denies the allegations in paragraph 17 of the Complaint.
RESPONSE TO FACT ALLEGATIONS
Defendant admits that he was born in 1969 and has been a musical artist, performer, and producer
for decades.
20. Paragraph 20 of the Complaint alleges characterizations and/or hyperbole for which no
that he founded BBE (which also has done business as “Bad Boy Records”) in 1993, and that Mr.
Pierre served in various positions in the company over time.
21. Defendant denies the allegations in Paragraph 21 of the Complaint.
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avers that Defendant was and is the sole stockholder of Daddy’s House.
5
context, genuineness, and/or accuracy of the photograph is disputed.
context, genuineness, and/or accuracy of the photographs are disputed.
is required, and on that basis Defendant denies those allegations.
49. Paragraph 49 of the Complaint alleges hyperbole, characterizations, and/or opinions
for which no response is required, and on that basis Defendant denies those allegations, denies all
facts alleged therein, and admits only that on November 16, 2023, Casandra Ventura filed her
complaint in this Court in which he was named a defendant.
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that the Jane Doe State Action was filed in which Harve Pierre, Bad Boy Records, and Combs
Enterprises, LLC were named as defendants, and respectfully refers the Court to that pleading for
its true content, meaning, and import.
is required, and on that basis Defendant denies those allegations.
FIRST CAUSE OF ACTION
52. In response to paragraph 52 of the Complaint, Defendant repeats and realleges his
responses to paragraphs 1 through 51 as if set forth at length herein.
required, and on that basis Defendant denies those allegations, inclusive of all allegations
incorporated therein.
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RESPONSE TO PRAYER FOR RELIEF
60. Defendant denies that Plaintiff is entitled to any of the relief enumerated in paragraphs
A through F of the Complaint.
FIRST DEFENSE
The Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
The Complaint is barred because Plaintiff cannot satisfy all or some of the required
elements of her claim under the Victims of Gender-Motivated Violence Protection Law, New York
City Admin. Code §§ 10-1101 et seq. (the “VGM”).
THIRD DEFENSE
The Complaint is barred because the VGM is unconstitutional on its face, both
substantively and procedurally.
Plaintiff’s decision to wait more than two decades to file her Complaint has prejudiced
Defendant, as he has lost the ability to defend himself fully and fairly in this action. For example,
some or all evidence that otherwise would have been available if the action had been promptly
commenced may be unavailable, lost, or compromised.
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The absence of evidence materially impacts Defendant’s ability to defend against essential
aspects of Plaintiff’s claims. Witness identification, availability, and recollections are likely
compromised due to the substantial passage of time since the alleged incident.
Allowing this action to proceed violates Defendant’s rights under the U.S. Constitution and
the New York State Constitution.
FOURTH DEFENSE
The Complaint is barred under the applicable statute of limitations, including, without
limitation, because the statute of limitations revival provisions of the VGM, on their face, violate
the Due Process rights of Defendant under the U.S. Constitution and New York State Constitution.
FIFTH DEFENSE
The Complaint is barred under the doctrine of laches. Plaintiff has waited an unreasonably
long time to file this action, more than two decades, and thus Defendant’s ability to defend the
claim has been prejudiced due to this unreasonable delay, including denying him access to, among
other things, documents or other physical evidence and witnesses with complete or reliable
memories.
SIXTH DEFENSE
The Complaint is barred based on Plaintiff’s acts, omissions, or other culpable conduct.
Damages, if any, must be reduced by the proportion of which such conduct is attributed to Plaintiff.
Notwithstanding, Defendant denies causing any damage to Plaintiff.
SEVENTH DEFENSE
The Complaint is barred because Plaintiff would be unjustly enriched by any judgment in
her favor against Defendant. Notwithstanding, Defendant denies causing any damage to Plaintiff.
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EIGHTH DEFENSE
The Complaint is barred based on the doctrine of unclean hands, as the claim alleges an
entirely fictional account that never occurred.
NINTH DEFENSE
Plaintiff’s damages, if any, are governed by the collateral source of payment rule, which
reduces any damages that could be awarded in her favor against Defendant. Notwithstanding,
Defendant denies causing any damage to Plaintiff.
TENTH DEFENSE
Plaintiff is barred from recovery of any damages because they are uncertain, contingent,
and/or speculative. Notwithstanding, Defendant denies causing any damage to Plaintiff.
RESERVATION OF RIGHTS
Defendant presently has insufficient knowledge or information upon which to form a basis
whether he has additional defenses. Accordingly, Defendant reserves the right to amend this
Answer to allege additional defenses after conducting further investigation, discovery, and/or
research.
DEMAND FOR TRIAL BY JURY
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Defendant requests a trial
by jury on all issues so triable.
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WHEREFORE, Defendant respectfully requests that the Court enter judgment as follows:
(a) Dismissing the Complaint with prejudice in all respects;
(b) Interest, attorney’s fees, costs, and disbursements, as permitted by contract, law, or
statute; and
(c) Such other and further relief as the Court deems just and proper.
Dated: February 20, 2024

New York, New York
JONATHAN D. DAVIS, P.C.
By: /s/Jonathan D. Davis

Jonathan D. Davis
Anthony C. LoMonaco
1 Rockefeller Plaza, Suite 1712
New York, New York 10020
(212) 687-5464
jdd@jddavispc.com
acl@jddavispc.com
Law Offices of Bobbi C. Sternheim

225 Broadway, Suite 715
New York, New York 10007
(212) 243-1100
bcsternheim@mac.com
-and-
Kinsella Holley Iser Kump

Steinsapir LLP (admitted pro hac
vice)
11766 Wilshire Boulevard, Suite 750
Los Angeles, California 90025
(310) 566-9800
SHolley@khiks.com
Attorneys for Defendant Sean Combs
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Case 1:23-cv-10628-JGLC Document 44 Filed 02/20/24 Page 1 of 11

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

correspondingly numbered paragraph of the Complaint, as follows:

RESPONSE TO PRELIMINARY STATEMENT

1. Paragraph 1 of the Complaint alleges hyperbole, characterizations, and/or opinions for

in this Court in which he was named a defendant.

3. Paragraph 3 of the Complaint alleges characterizations and/or opinions for which no

4. Paragraph 4 of the Complaint alleges characterizations and/or opinions for which no

is named a defendant in this action.

6. Defendant denies the allegations in paragraph 6 of the Complaint, except Defendant

context, genuineness, and/or accuracy of the photographs are disputed.

8. Defendant denies knowledge or information sufficient to form a belief as to the truth

misconduct, sexual or otherwise, relating to Plaintiff in any circumstance whatsoever.

RESPONSE TO JURISDICTION AND VENUE

required, and on that basis Defendant denies those allegations.

required, and on that basis Defendant denies those allegations.

an individual who resides in California.

14. Defendant denies the allegations in paragraph 14 of the Complaint.

otherwise denies the allegations in paragraph 16 of the Complaint.

denies the allegations in paragraph 17 of the Complaint.

RESPONSE TO FACT ALLEGATIONS

Pierre served in various positions in the company over time.

21. Defendant denies the allegations in Paragraph 21 of the Complaint.

26. Defendant denies the allegations in paragraph 26 of the Complaint.

34. Defendant denies the allegations in paragraph 34 of the Complaint.

context, genuineness, and/or accuracy of the photograph is disputed.

36. Defendant denies the allegations in paragraph 36 of the Complaint.

37. Defendant denies the allegations in paragraph 37 of the Complaint.

context, genuineness, and/or accuracy of the photographs are disputed.

39. Defendant denies the allegations in paragraph 39 of the Complaint.

40. Defendant denies the allegations in paragraph 40 of the Complaint.

41. Defendant denies the allegations in paragraph 41 of the Complaint.

42. Defendant denies the allegations in paragraph 42 of the Complaint.

43. Defendant denies the allegations in paragraph 43 of the Complaint.

44. Defendant denies the allegations in paragraph 44 of the Complaint.

45. Defendant denies the allegations in paragraph 45 of the Complaint.

46. Defendant denies the allegations in paragraph 46 of the Complaint.

47. Defendant denies the allegations in paragraph 47 of the Complaint.

is required, and on that basis Defendant denies those allegations.

49. Paragraph 49 of the Complaint alleges hyperbole, characterizations, and/or opinions

complaint in this Court in which he was named a defendant.

its true content, meaning, and import.

is required, and on that basis Defendant denies those allegations.

FIRST CAUSE OF ACTION

responses to paragraphs 1 through 51 as if set forth at length herein.

RESPONSE TO PRAYER FOR RELIEF

A through F of the Complaint.

City Admin. Code §§ 10-1101 et seq. (the “VGM”).

substantively and procedurally.

commenced may be unavailable, lost, or compromised.

the New York State Constitution.

Notwithstanding, Defendant denies causing any damage to Plaintiff.

entirely fictional account that never occurred.

Defendant denies causing any damage to Plaintiff.

and/or speculative. Notwithstanding, Defendant denies causing any damage to Plaintiff.

DEMAND FOR TRIAL BY JURY

by jury on all issues so triable.

(a) Dismissing the Complaint with prejudice in all respects;

Dated: February 20, 2024