Doe v. Combs

OPINION AND ORDER Plaintiff Jane Doe filed this action under the Victims of Gender-Motivated Violence Protection Law (“VGMVPL”) against Sean Combs, Harve Pierre, the “Third Assailant,” Daddy’s House Recordings, Inc. (“Daddy’s House”), and Bad Boy Entertainment Holdings, Inc. (“Bad Boy”). Before the Court is Defendants’ Motion to Dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 55. At this stage, the questions before the Court are (1) whether the revived claims under the 2022 amendment to the VGMVPL, codified at N.Y.C. ADMIN. CODE. §10-1105 (the “VGMVPL Revival Statute”) are preempted by the Child Victims Act (“CVA”), codified at C.P.L.R. §214-g; and (2) whether claims under the 2022 amendment can apply retroactively to conduct that occurred before its enactment. The Court holds that the VGMVPL Revival Statute is not preempted by the CVA, but finds that the presumption against retroactive application has not been overcome, and so Daddy’s House and Bad Boy (together, the “Corporate Defendants”) cannot be held liable for conduct that preceded the 2022 amendment to the VGMVPL. Accordingly, Defendants’ motion to dismiss is GRANTED in part and DENIED in part.¹ BACKGROUND The following facts, unless otherwise noted, are taken from the amended complaint, ECF No. 52 (“Amended Complaint” or “Am. Compl.”) and presumed to be true for the purposes of this motion. See LaFaro v. N.Y. Cardiothoracic Grp., PLLC, 570 F.3d 471, 475 (2d Cir. 2009). Plaintiff alleges that she met Harve Pierre and the Third Assailant at a lounge in the Detroit area in 2003, when she was 17 years old. Am. Compl.

18, 22-23. Mr. Pierre complimented her appearance and referenced his affiliation with Bad Boy and Defendant Combs. Id.