United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Cornell Haynes,
Jr.'s Motion to Dismiss Case, [Doc. No. 7]. Plaintiff
opposes the Motion. For the reasons set forth below, the
motion is denied.
First Amended Complaint alleges the following:
Jane Doe (“Plaintiff”) is a citizen and resident
of Essex, England.
Cornell Haynes Jr. (“Defendant”) is an
entertainer who resides in St.
Missouri and performs using the stage name
“Nelly.” At the time of the events giving rise to
this action, Defendant was on tour, performing in the United
December 5, 2017, Plaintiff attended Defendant's concert
in Essex, England with some female friends. After the show,
Defendant asked Plaintiff, who had had her photo taken with
Defendant, to go with him to his dressing room. Plaintiff
insisted that her friends come to the dressing room.
Defendant asked Plaintiff to join him in a small adjacent
room. When Plaintiff complied, Defendant closed the door
leaving the two of them alone together. At that point,
Defendant proceeded to sexually assault Plaintiff. During the
assault, Defendant allegedly dropped his pants and
masturbated, tried to put his hands under and remove
Plaintiff's top, tried to kiss Plaintiff, made crude
sexual statements to Plaintiff, and forcefully pushed
Plaintiff down and penetrated her mouth with his penis.
Plaintiff ran out of the room and down the stairs, where
Defendant pulled her back and said, “I will find
alleges that she was later defamed by Defendants'
girlfriend (codefendant Shantel Jackson, ) who wrote on
social media that the women accusing Defendant of sexual
assault are liars who “make[ ] things harder” for
“women dealing with real issues of sexual
assault.” Plaintiff also claims that Defendant
furthered the defamation by having his attorney state in a
televised interview that Plaintiff's allegations were
the sexual assault, Plaintiff states that she has suffered
anxiety, PTSD, emotional trauma, humiliation, loss of
reputation, and loss of enjoyment of life. Plaintiff's
physicians have diagnosed her with PTSD, prescribed
medication, and entered orders saying she is not currently
able to return to work.
filed her Complaint anonymously. Defendant now moves to
dismiss the Complaint pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure, for failure to state a
claim upon which relief can be granted. Defendant argues that
the Complaint fails to comply with Rule 10(a), which provides
that “[t]he title of the complaint must name all the
to Dismiss Standard
ruling on a motion to dismiss, the Court must view the
allegations in the Complaint liberally in the light most
favorable to Plaintiff. Eckert v. Titan Tire Corp.,
514 F.3d 801, 806 (8th Cir. 2008). Additionally, the Court,
“must accept the allegations contained in the complaint
as true and draw all reasonable inferences in favor of the
nonmoving party.” Coons v. Mineta, 410 F.3d
1036, 1039 (8th Cir. 2005) (citation omitted). To survive a
motion to dismiss, the complaint must include “enough
facts to state a claim to relief that is plausible on its
face.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007). Stated differently, to survive a ...