Judge Criticizes Plaintiffs’ Lawyers in NXIVM Civil Lawsuit

October 8, 2024

In the civil NXIVM case, 70 plaintiffs sued Clare and Sara Bronfman, along with Keith Alan Raniere, Allison Mack, Kathy Russell,  Danielle Roberts and Brandon Porter within two categories of alleged misconduct — A: sex trafficking and forced labor, and B: consumer fraud.

The judge faulted the language of the complaint saying that much of the complaint was nothing more than conclusory statements.

He made no secret that he had given the plaintiffs’ lawyers, Kohn Swift of Philadelphia, ample notice that their complaint had all the appearances of a shotgun pleading –  poorly structured, overly broad with multiple claims and causes of action without specifying which facts support each claim.

This was their third amended complaint.

Judge Eric Komitee is presiding over the civil case

US District Court Judge Eric Komitee wrote, “The second amended complaint, which was more than 200 pages and 830 paragraphs, provided virtually no indication of which facts were proffered in support of which causes of action, and asserted several claims “against All Defendants on behalf of all [seventy-six] Plaintiffs” with no specific allegations as to each defendant’s role.”

During oral argument in February 2023, Judge Komitee invited the plaintiffs to streamline the complaint.

They submitted a third amended complaint, which included 111 pages and 332 numbered paragraphs. Komitee said it was “still sprawling” and only “marginally more manageable than its predecessor.”

Komitee noted that “the new complaint still required the Court to engage in painstaking efforts to identify the facts alleged in support of each claim, often hundreds of paragraphs apart from each other.”

Consequently, Judge Komitee dismissed all claims against Brandon Porter, and several of the causes of action against Clare and Sara Bronfman – the true targets of the lawsuit.

He did not dismiss the RICO, and sex trafficking claims against the greedy sisters who enabled NXIVM to terrorize people who ran afoul of Keith Raniere for almost two decades.

Judge Komitee also kept Danielle Roberts in the lawsuit on the battery claim arising from her branding women with Raniere’s initials.  The other claims against Roberts are gone.

To date, Raniere, Mack, and Russell have failed to appear in the case.

Keith Raniere and Allison Mack have made no appearance in the NXIVM lawsuit that targets the Bronfman sisters

Raniere is currently in USP Tucson serving his well-deserved 120-year prison sentence.

In a subsequent post, we will discuss what remains of the eviscerated lawsuit of 70 former students and employees of NXIVM in quest of Bronfman cash.

We will also seek to learn what happened to Neil Glazer, the attorney who started the lawsuit and now appears missing from the case.

Neil Glazer the attorney who worked closely with the EDNY in the NXIVM case and later launched a lawsuit with some 70 plaintiffs against NXIVM key leaders seems to be MIA in the NXIVM case

 

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Frank Parlato
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
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Anonymous
Anonymous
1 year ago

Elliot v. HBO Home Entertainment Corp., 1:24-cv-07879, (S.D.N.Y.)

Document Number: 45
Date Filed: Oct 18, 2024

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge John P. Cronan on 10/18/2024) (tro) (Entered: 10/18/2024)

Order Referring Case to Magistrate Judge

https://storage.courtlistener.com/recap/gov.uscourts.nysd.630112/gov.uscourts.nysd.630112.45.0.pdf

Oct 18, 2024

MAILING RECEIPT: Document No: 44. Mailed to: Marc Elliot 5850 Macklind Avenue #1060 St. Louis, MO 63109; Kolten Charles Ellis LEWIS RICE LLC – St. Louis 600 Washington Avenue Suite 2500 St. Louis, MO 63101; Joseph E. Martineau Lewis, Rice & Fingersh 611 Olive St., Ste. 1400 St. Louis, MO 63101.

Oct 18, 2024

Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba)

Oct 18, 2024

NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (vba)

____________

https://www.courtlistener.com/docket/69272553/elliot-v-hbo-home-entertainment-corp/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

Anonymous
Anonymous
1 year ago

Frank….tell us who the new lawyer is!!

Anonymous
Anonymous
1 year ago

Frank-

Neil Glazer’s name no longer appears on his firms website.

https://kohnswift.com/the-team/

Anonymous
Anonymous
1 year ago
Reply to  Anonymous

So who took over? Or did Glazer get paid off to leave?

Anonymous
Anonymous
1 year ago

Supreme Court of the United States

Keith Raniere, Petitioner
v.
United States

No. 22-855

Docketed:March 8, 2023

Lower Ct:United States Court of Appeals for the Second Circuit

Case Numbers: (20-3520, 20-3789)

Decision Date:December 9, 2022

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-855.html

Anonymous
Anonymous
1 year ago

Courtlistener.comOral Arguments

In Re: Keith RaniereCourt of Appeals for the Second Circuit
Date Argued: January 24th, 2023
Duration: 8:26
Docket Number: 22-3112 mtn

https://www.courtlistener.com/audio/84816/in-re-keith-raniere/

https://storage.courtlistener.com/mp3/2023/01/24/in_re_keith_raniere_cl.mp3

Anonymous
Anonymous
1 year ago

If Glazer is missing…who took over?

Anonymous
Anonymous
1 year ago

Ask Nancy’s sister Carole Kass where all Nancy’s money went!!! Come on Glazer…you know.

Kassafras
Kassafras
1 year ago
Reply to  Anonymous

Carole and her husband have all the money.

Anonymous
Anonymous
1 year ago

Glazer knew what sister Nancy hid her money with. He never went after it.

Anonymous
Anonymous
1 year ago
Reply to  Anonymous

Glazer botched this lawsuit. He knows where Nancy hid her money and wont tell the people he represented. He even let Nancy off the hook in the civil case. Then Glazer leaves the case. Suspicious much??

M. Novak
M. Novak
1 year ago

What’s interesting is that in the course of filing a rather disjointed civil complaint, Plaintiffs have also alleged that Sara Bronfman committed the federal crime of witness tampering (18 USC § 1512). No wonder she doesn’t want to set foot on American soil ever again.

Anonymous
Anonymous
1 year ago
Reply to  M. Novak

I’m glad sara can’t come back to the usa. Stay out you crazy woman.

Extradition?
Extradition?
1 year ago
Reply to  M. Novak

Can Sara be extradicted? That disgusting bitch needs to do hard time.

Anonymous
Anonymous
1 year ago
Reply to  Extradition?

What country is she in?

M. Novak
M. Novak
1 year ago
Reply to  Anonymous

Last I heard, Portugal – which does have an extradition treaty with the U.S. If charged, tried and convicted, in theory, Sara could end up serving more time than Clare.

Pilgrim
Pilgrim
1 year ago
Reply to  M. Novak

That is what I heard as well.
Get that ugly hag back on U.S. soil. No way she should skate just because she has money.

Anonymous
Anonymous
1 year ago
Reply to  M. Novak

Who has the balls to actually pursue this?

M. Novak
M. Novak
1 year ago
Reply to  Anonymous

Breon Peace, United States Attorney, Eastern District of New York definitely has the balls. EDNY would have jurisdiction, since Sara allegedly attempted to prevent a witness from testifying at Raniere’s trial in Brooklyn.

Whether or not a single violation of 18 USC § 1512 warrants seeking extradition, I don’t know. But Sara is also alleged to have committed other criminal acts for which she was never charged. Statutes of limitation tend to be extended when a potential defendant leaves a jurisdiction for an extended length of time. I don’t know if Moira Penza or Tanya Hajjar ever fully explained EDNY’s rationale for not pursuing charges against Sara.

Sara needs to be locked up
Sara needs to be locked up
1 year ago
Reply to  M. Novak

Sara committed many crimes for Keith.

The fact she was not charged, suggests she quietly worked with the authorities. Same with Nicki.

The prosecution needs to get a fresh set of eyes on the Sara and Nicki matters. Novak is right, Peace has the gusto to take on Sara. She was a predator for Keith and Nxivm.

Anonymous
Anonymous
1 year ago

Same with Michelle Myers Salzman.

Sara needs to be locked up
Sara needs to be locked up
1 year ago
Reply to  Anonymous

Michelle is trash.

Anonymous
Anonymous
1 year ago

They would always play good cop bad cop. Michelle was the good cop…but was equally as involved in the manipulations.

Pilgrim
Pilgrim
1 year ago

So, just throwing this out there.

Can we please settle on a fresh new name for Brandon Porter?

A. Porter-potty
B. Extremely Bald Porter-potty
C. Egghead
D. Conehead
E. Extremely Bald Conehead

LFG ppl! VOTE!!

Snorlax
Snorlax
1 year ago
Reply to  Pilgrim

We have a really fat guy at work, who we’ve branded as “Slim”. A very short dude is called “Stretch”. In that same vein, I would call Porter “Handsome”.

Pilgrim
Pilgrim
1 year ago
Reply to  Snorlax

I literally just got teary eyed laughing… Lol.

Anonymous
Anonymous
1 year ago
Reply to  Snorlax

Um….handsome…no.

Benji Carver
Benji Carver
1 year ago
Reply to  Pilgrim

Pilgrim, I vote Egghead.

Port-potty is good but might get confused with Suneel the asswiper.

Pilgrim
Pilgrim
1 year ago
Reply to  Benji Carver

Good point! Sunerl is an asswiping freak!

Egghead not a bad choice.

Anonymous
Anonymous
1 year ago
Reply to  Pilgrim

One name that would be appropriate for Brandon Porter is Total Loser, but it also applies to Raniere and many others.

Pilgrim
Pilgrim
1 year ago
Reply to  Anonymous

“Total Loser” can be apllied to every member of DOS.

Good call though.

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