EFTA00027039.pdf

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pdf

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data-set-8

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Extracted text

Case 1:19-cv-03377-LAP Document 100 Filed 12/20/19 Page 1 of 5 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
Plaintiff, 
v. 
ALAN DERSHOWITZ, 
Defendant. 
ALAN DERSHOWITZ, 
Counterclaim Plaintiff, 
v. 
Counterclaim Defendant. 
Civil Action No. I :19-cv-3377 (LAP) 
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF HER 
MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT 
Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff-
respectfully requests leave of the Court to file the attached Amended Complaint. This motion 
should be granted for three reasons. First, since Plaintiff filed her complaint in April 2019, the 
revival provision of the New York Child Victims Act has gone into effect, reviving a battery claim 
against Defendant Alan Dershowitz that had previously been time barred. N.Y.C.P.L.R. § 214-g. 
Second, since Plaintiff filed her Complaint, Defendant has produced a copy of a recording 
that he represents captures a portion of a confidential telephonic settlement conference between 
EFTA00027039


Case 1:19-cv-03377-LAP Document 100 Filed 12/20/19 Page 2 of 5 
himself and Plaintiff's attorney, David Boles.' This unauthorized recording, use, and disclosure of 
a communication made on Plaintiff's behalf for the purpose of defaming Plaintiff violates 18 
U.S.C. § 2511(1). As a "person whose wire, oral, or electronic communication" was "intercepted, 
disclosed, [and] intentionally used in violation" of that provision, Ms. 
is entitled to recover 
from Mr. Dershowitz. Id. § 2520. 
Finally, since Plaintiff filed her Complaint, Defendant's campaign of defamatory 
statements against Ms. 
has not only continued but has intensified. Each new defamatory 
statement gives rise to a new claim for defamation. Although the frequency with which Mr. 
Dershowitz defames her will prevent Ms. 
from amending her complaint every time Mr. 
Dershowitz publishes a new defamatory statement, the scope and nature of the new statements 
justify an amendment in thi…

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