Marc Elliot is suing the producers of Seduced: Inside the NXIVM Cult, Lionsgate Films Inc., Lionsgate Entertainment Inc., and Starz Entertainment LLC, [Lionsgate].
Lionsgate is calling it a SLAPP suit, asking the judge to dismiss the case, and looking for the judge to order the plaintiff, Marc Elliot, to pay its legal fees.
In support of their anti-SLAPP motion, Lionsgate filed a Request for Judicial Notice.
After Raniere was convicted , Elliot continued to support NXIVM, advocating in favor of reducing Raniere’s sentence and vacating his conviction based on prosecutorial misconduct.
The Federal Rules of Evidence addresses judicial notice in Rule 201. What it is, in effect, is asking the judge to agree that certain “facts” are true because they are obvious and indisputable: i.e., facts whose “accuracy cannot reasonably be questioned.”
In a civil case, the judge’s word on these noticed facts is said to be final, though not so in a criminal case where the jury can question any judicially adjudicated fact it might dispute.
The purpose of this motion for judicial notice in the Elliot case is to have the judge rule that certain facts are true and is in support of their anti-SLAPP motion.
Lionsgate has submitted a series of exhibits and is asking the judge to look at them and decide they are facts:
What Lionsgate’s attorneys want the judge to adjudicate as facts from these exhibits are:
Plaintiff names Raniere 44 times in the FAC. The prosecution of NXIVM leader Keith Raniere for sex trafficking, forced labor, and racketeering is related to this litigation.
Since Elliot names Raniere 44 times in his complaint, Lions Gate argues “It is related to this litigation.”
“Episode Four of the Series focuses on the criminal investigation and trial of Raniere, which ended with a 120-year federal prison sentence.
Plaintiff’s name and story battling Tourette Syndrome fill three pages of the memo Raniere’s legal team submitted advocating for a lighter sentence.
This is a defamation case brought by an admitted NXIVM member, regarding Lionsgate’s contributions to the public debate about NXIVM.
Exhibit 3 reflects how both local and national media outlets published in-depth coverage about NXIVM and Keith Raniere prior to the federal criminal investigation.
Exhibit 4 reflects how, beginning in 2017 and throughout the criminal investigation and prosecution, NXIVM and Raniere garnered significant media coverage across print media, television, podcasts, and docuseries. Such coverage provides “evidence
of the ‘media frenzy’” surrounding NXIVM and Raniere,
Exhibit 5 is judicially noticeable to the extent it reflects how Plaintiff himself has been the subject of media coverage following Raniere’s criminal conviction.
Exhibit 6 is a copy of the New York State Department of Health’s Office of Professional Misconduct and Physician Discipline search result for Brandon B. Porter, showing that his medical license was revoked.
Elliot appears onscreen with Porter in Episode Four, text appears noting that Brandon Porter’s medical license was revoked. Elliot alleges that commentary about “Dr.” Porter’s work with NXIVM in Seduced was defamatory to him.
As part of Lionsgate anti- SLAPP lawsuit, the defendants in Marc Elliot v. Lions Gate Films, Inc. et al, produced exhibits which evidence facts they want the judge to notice and adjudicate as fact, in support their motion to dismiss.
Here they are:
Exhibit 1, is a compilation of four DVDs; each DVD contains one episode of the four-part documentary series at issue in this dispute, Seduced: Inside the NXIVM Cult. It established the fact of Seduced.
Exhibit 2 is the ECF docket report and a pertinent docket entry referencing Elliot from the criminal case U.S. v. Raniere. federal court records from the criminal case U.S. v. Raniere establishing the fact the Raniere was convicted and was sentenced to 120 years.
This exhibit includes:
- An excerpted copy of the ECF docket report for USA v Raniere. The docket entry at No. 969 details Raniere’s sentence of 120 years imprisonment.
- A copy of criminal defendant Raniere’s sentencing memorandum, discussing Elliot support for Raniere on pages 33–36.
Exhibit 3, is an illustrative compilation of articles and media coverage about NXIVM up to October 2017 showing that NXIVM had some bad press prior to Raniere’s arrest. This exhibit includes:
.A copy of articles by
- Barry Meier, Inside a Secretive Group Where Women Are Branded, NY Times (Oct. 17, 2017).
- Suzanna Andrews, The Heiresses and the Cult, Vanity Fair (Oct. 13, 2010).
- Cult of Personality, Forbes (Oct. 13, 2003).
- Albany Times Union’s landing page featuring its coverage of NXIVM. I accessed this website
Exhibit 4 is an illustrative compilation of articles and media coverage about NXIVM from late 2017 onward, covering allegations of sex trafficking and the related criminal cases. The fact they want to establish is there was a media frenzy after DOS was exposed.
- Jeff Truesdell, Dynasty Star Catherine Oxenberg’s Fight to Save Daughter from Group That Allegedly Brands Women, People (Oct. 25, 2017).
- ABC News’s landing page featuring their coverage of NXIVM. Out of the 160 search results featuring the term “NXIVM,” the earliest is dated December 15, 2017.
- Associated Press, NXIVM leader Keith Raniere convicted in lurid sex cult case, Los Angeles Times (June 19, 2019).
- Lauren Kranc, How NXIVM Seduced Hollywood Stars and America’s Most Powerful Elite Into a Barbaric ‘Sex Cult’, Esquire (Sept. 8, 2021).
- Albany Times Union’s landing page for the NXIVM On Trial podcast.
- CBC Radio Podcasts’ landing page for the Uncover— Escaping NXIVM podcast.
- HBO’s landing page for the documentary series The Vow.
- Starz’s landing page for the documentary series Seduced: Inside the NXIVM Cult.
Exhibit 5, is an illustrative compilation of national news media coverage of Marc Elliot speaking publicly following Raniere’s criminal conviction to establish that Elliot was out front and center defending Raniere
- Reuters photojournalist slideshow pictures: NXIVM sex cult founder Keith Raniere sentenced to 120 years in prison, Reuters (Oct. 27, 2020). The first photo in the slideshow shows Plaintiff Marc Elliot standing in front of news microphones outside a United States Courthouse.
- The caption reads “Michele Hatchette, Nikki Clyne, Marc Elliot, Eduardo Asunsolo and Suneel Chakravorty, supporters of NXIVM cult leader Keith Raniere, speak to reporters following the sentencing hearing in the sex trafficking and racketeering case against Raniere, . . .”
- A screenshot and link to a CBS link to a CBS This Morning Video interview segment, Former “Battlestar Galactica” actress part of alleged “sex cult” speaks out, CBS This Morning (Sept. 29, 2020)
- Plaintiff Marc Elliot appears as one of five interviewees accompanied by the chyron “Former NXIVM Members Speak Out.” January 27, 2022.
Exhibit 6, the New York State Department of Health’s Office of Professional Misconduct and
Physician Discipline physician search result for Brandon B. Porter. The record reflects that Porter’s medical license No. 253486 has been revoked due to “professional misconduct . . . in a manner which evidences moral unfitness.” The record links to the Board’s Order, which details the allegations and Board’s determination.
New York Times
YEAR OF THE WEDDING
Tying and Re-Tying the Knot
Couples recount the experience of having two or three wedding events because of the pandemic, a trend some experts say will continue to influence how many celebrate.
By Jenny Block
March 9, 2022
[ … ]
A desire to let others share in the joy of their wedding is in part what inspired India Oxenberg, 30, and Patrick D’Ignazio, 31, to plan a second celebration for this summer, about a year and a half after they legally wed on Dec. 3, 2020 in Los Angeles before only their officiant, Marilyn Townsend, a notary public.
“It was basically a courthouse wedding but in a backyard,” said Ms. Oxenberg, a producer at the network Starz, who initially preferred the intimacy that came with getting married amid the pandemic.
“The most important thing to me was signing the papers and making it official and not having to coordinate with multiple family members,” said Ms. Oxenberg, who met her husband in 2018 after escaping Nxivm, the cultlike criminal enterprise. After that traumatic experience, she added, a small event was all she wanted.
But Mr. D’Ignazio hoped for something more. “I have a lot of friends and family who wanted to come to a wedding,” said Mr. D’Ignazio, a chef who is opening a restaurant in Key West, Fla. “I wanted to have a wedding.”
He ultimately helped Ms. Oxenberg see the benefits of a second celebration. “Patrick has really been the one to show me the importance of this ceremony,” she said. “Our families have never met. They’ve only talked briefly on the phone, one of the crazy factors of Covid.”
Ms. Oxenberg, who lives in Los Angeles, and Mr. D’Ignazio, who lives in Key West, where Ms. Oxenberg will soon join him, are expecting between 100 and 150 guests to attend their second event on Sept. 3 at Mr. D’Ignazio’s parent’s vacation home in Groton Long Point, Conn. It will also include a ceremony, led by one of Mr. D’Ignazio’s close friends.
[ … ]
–Groton Long Point, Conn.
Right up there with Southport, Conn.
Her hubby’s family has boku bucks!
Or an attempt to set the record straight?
Or an attempt at something truly melodramatic. Mmh?
Gee, I wonder if filing this lawsuit was an order from his Vantard?
Of course, it was. He ordered Nancy Salzman to sue Continental Airlines for not giving her roll around laptop case back that she forgot.
It was too late to sue them.
She sued anyway saying she was worth a crazy amount of money per hour due to the loss of information on her computer.
It was the most stupid thing she did.
Well, maybe not, now that I think about it.
She lost, of course, just like Marc Elliott is going to lose this stupid case.
What was the stupidest thing Nancy did?
1. Suing Continental over a laptop.
2. Spilling the beans to Susan Dones about all the illegal activity.
3. Not following her instincts about Keith being a psychopath and agreeing to go into business with him.
4. Observing the pathetic, psychotic, disturbing way Keith went after Toni, and not using it as a gift to prompt her and Lauren to escape from the clutches of Stinky.
5. Believing the past-life, Nazi bullshit that keith spouted.
6. Lending Kristin Keeffe and Toni Natalie money.
7. Lying to everyone about Keith’s greatness – while she knew it was bullshit.
8. Breaking up with Mark Drexel.
9. Allowing Lauren to get sucked into Vanguard’s harem.
10. Letting the lice infested, STD ridden, smelly liar touch her.
11. Landing herself in Alderson instead of Camp Cupcake.
12. Overplucking her eyebrows.
What’s with the Salzman family women and Doc Roberts over plucking?
It makes their foreheads look Suneel-esque
Keith had lice?
It started with the chest and spread up and down.
Oh, Nut Job, that is a good list and made me laugh.
I’m sure we can add to it over time
Nancy Salzman did a lot of stupid things
More likely on orders from Mark Vicente who came off as a villain in Seduced. Very different from his saintly portrayal in the HBO series.
The king of splicing!
Vicente is a weasel…