A California judge presiding over a sex trafficking case that was brought against Madison Square Garden Entertainment (MSGE) CEO/executive chairman James Dolan, the Azoff Companies and Harvey Weinstein in January is weighing several motions to throw out the lawsuit, with a decision expected to be announced as soon as early next week.
Attorney Douglas Windor, a high-profile litigator who represented Casandra Ventura (a.k.a. singer Cassie) in her since-settled sex trafficking lawsuit against Sean “Diddy” Combs, filed an explosive lawsuit in January on behalf of Tennessee massage therapist Kellye Croft, who alleged that Dolan and an employee of Azoff Music Management conspired to traffic her to California to have sex with Dolan — who in turn allegedly trafficked her to Weinstein.
Representing Azoff Companies is powerful New York litigator Daniel Petrocelli, partner at O’Melveny & Myers LLP, who has represented Donald Trump and Travis Scott. Dolan is represented by Danya Perry, a former assistant U.S. attorney and ex-chief of litigation at MacAndrews & Forbes.
Petrocelli and Perry have each filed separate motions to dismiss the case, which is being handled by Judge Percy Anderson, while Perry has issued a blanket denial of Croft’s claims against Dolan.
Croft alleges that she was hired to work with the late Glenn Frey in October 2013 while the vocalist and Eagles frontman was touring with the band and opening act JD and the Straight Shot, which is led by Dolan. Croft alleges that Dolan befriended her during the tour, gained her trust and then sexually assaulted her before coercing her into a sexual relationship while on the road.
Two months after returning home to Nashville in the wake of the tour, Croft alleges she was contacted by an executive at Azoff Music Management and hired to work as Frey’s masseuse for the Eagles’ six-night run of concerts at Kia Forum in Los Angeles. When Croft arrived in Los Angeles, she learned that he was staying at a different hotel than the band — leading her to suspect that she was really hired by Azoff Management as a favor to Dolan.
“Ms. Croft did not perform a single massage on any member of the Eagles while working at The Forum,” Wingdor writes, alleging that “in reality, Ms. Croft was flown out to Los Angeles for the purposes of engaging in unwanted sexual acts with Dolan.”
Croft also claims that she was set up by Dolan, allegedly with the help of two Azoff employees, for an encounter with Weinstein, the disgraced film producer and convicted rapist, during her stay at the Peninsula Hotel in Beverly Hills. Croft says she was confronted by Weinstein in an elevator and allegedly offered a job on the set of an upcoming film — only to later be sexually propositioned by the film producer, who then followed her to her room and sexually assaulted her, according to the complaint.
Dolan’s relationship with Weinstein dates back to 2003 when Dolan and Weinstein were part of an investment group — which also included financier and convicted sexual predator Jeffrey Epstein — that was hoping to purchase New York magazine. Dolan also briefly served on the board of The Weinstein Company starting in 2016.
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Croft allegedly decided to file the lawsuit after Dolan sent her the lyrics to “I Should’ve Known,” a song he wrote lamenting his failure to stop Weinstein from victimizing women.
In April, Perry filed a motion to dismiss Croft’s lawsuit, arguing that even if the woman’s claims were true, she still can’t sue Dolan under the Trafficking Victims Protect Act because “the bill targets and criminalizes sex trafficking, not sexual relations (which is all that is alleged in (Croft’s complaint),” according to the motion. Wigdor responded in a separate filing that Perry’s reading of the law was “wrong.”
As to the Weinstein allegation, Perry is arguing that Dolan and other former Weinstein Company board members were already released from any claims “to alleged sexual misconduct by Weinstein” during 2018 bankruptcy proceedings. Wigdor countered that Croft “did not consent to waive her claims” and wasn’t aware of the bankruptcy.
Petrocelli’s motion to dismiss argues that Croft’s complaint “contains no facts suggesting the Azoff Entities participated in, benefitted from, or even knew about any sex trafficking scheme” when hiring her. Petrocelli also wants Croft and her attorney sanctioned for filing the lawsuit and is asking that Croft be required to pay Azoff’s legal costs.
The motions have been taken under advisement by the judge, who late last week canceled a Monday (June 3) hearing for oral arguments on the motions, noting the “Court finds this matter appropriate for decision without oral argument.“ His ruling is expected any day.
