Why was Rose McGowan's RICO suit against Harvey Weinstein DISMISSED?

Rose McGowan first accused Weinstein, 69, in 2017 of raping her at the Sundance Film Festival in 1997


                            Why was Rose McGowan's RICO suit against Harvey Weinstein DISMISSED?
Harvey Weinstein (L) and Rose McGowan at the premiere of 'Grindhouse' at the Orpheum Theatre in LA (Kevin Winter/Getty Images)
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A California judge dismissed Rose McGowan's lawsuit against Harvey Weinstein on Monday, December 6, after she reportedly failed to file paperwork within the court-imposed deadline. McGowan, 48, was one of the first women to come forward with sexual assault allegations against the disgraced film producer, 69, but has apparently failed in her legal bid.

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The 'Jawbreaker' star, who is yet to address the failed lawsuit, first accused the former Hollywood titan in 2017 of raping her at the Sundance Film Festival in 1997. Her allegations sparked a chain of events that eventually led to Weinstein being sentenced to 23 years in prison last year. McGowan is known to have largely contributed to the #MeToo movement that sparked a worldwide phenomenon as an astonishing number of women — as well as men — used social media to spill shocking details of their harassment stories.

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McGowan filed a federal suit against Weinstein's legal and security teams at the US district court in California in October 2019, alleging they had violated the Racketeer Influenced and Corrupt Organizations Act (RICO Act) by allegedly trying to suppress sexual assault and harassment allegations against him. In her lawsuit, she alleged that Weinstein employed "some of the most powerful forces that money can buy" — including attorney David Boies and Israeli security firm Black Cube — for the suppression efforts. According to the actress, the Hollywood mogul initiated the campaign after learning that she planned to reveal her rape allegations against him in her 2018 memoir 'Brave'.

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Rose McGowan signs copies of her memoir 'Brave' at Barnes & Noble Union Square in New York City (Photo by John Lamparski/Getty Images)

However, McGowan's case was dismissed by Judge Otis Wright, presiding over the District Court for the Central District of California, in Los Angeles, on Monday, December 6. According to the Daily Mail, the judge had given her a December 2 deadline to file further documents to support her case.

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"As of today's date, Plaintiff has not filed any brief in response to the Courts Order and Minute Order," court documents stated. "Accordingly, Plaintiff is deemed to have conceded the two points the Court gave her opportunity to argue in the supplemental brief. Accordingly, the Court concludes that Plaintiff is unable to sufficiently plead a RICO claim, meaning that further amendment would be futile."

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Harvey Weinstein leaves New York City Criminal Court after a bail hearing on December 6, 2019, in New York City (Photo by Scott Heins/Getty Images)

McGowan's RICO claims were dismissed with prejudice, meaning they cannot be brought to court again. Meanwhile, other charges in the filing that included wiretapping, fraud, and violating the Bane Act, a California anti-intimidation/coercion statute were dismissed without prejudice, meaning she can attempt to file a suit on those counts again. That said, her case was partially dismissed last December, but the judge allowed her to file an amended complaint, the newspaper stated.

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McGowan, who now lives in Mexico City, lashed out at the US justice system in a tweet on Saturday, December 4. "Justice in the USA is a joke. By the Lizards for the Lizards is the truth of your sick system," she wrote before blasting Page Six and the New York Post for their news coverage. "Yet you @Pagesix smear me again as ‘difficult?’ No, the word is CORRUPTION. You @nypost should know- after all scum like you have been in on the 20+ corporate media smear of me," she added.

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Weinstein is currently behind bars at a Los Angeles prison, where he awaits trial for further sexual assault allegations. The movie producer pleaded not guilty in September to sex-related criminal charges brought on by five women over a nine-year period.

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