Kevin Hart isn’t off the hook just yet in the emotional distress lawsuit against him. Sex tape partner Montia Sabbag requested more time to file a Second Amended Complaint after the first two were dismissed. Now, RadarOnline.com can exclusively reveal the court is giving her yet another chance to re-file the lawsuit.
As Radar reported, Sabbag’s Original Complaint was dismissed on September 17, 2019 for lack of subject matter jurisdiction.
After filing a First Amended Complaint, the lawsuit was dismissed again on October 29, 2019 because it failed to properly allege the citizenship of defendant Cosmopolitan, which is the hotel the sex tape took place.
Despite her November 8, 2019 deadline to file a Second Amended Complaint to resolve the issue, she filed a Motion for Extension of Time to File Second Amended Complaint, asking to have until December 12, 2019.
In her motion, she claimed how some of the Defendants participated, through their counsel, in “resolution talks” that had been “seemingly fruitful.” She claimed how a possible resolution in the case had been “hindered/impacted” because of the second dismissal.
Then, Hart, 40, filed an Opposition and Request to Strike Plaintiff’s Motion for Extension of Time to File Second Amended Complaint.
He claimed the settlement discussions were conducted “without his permission” and that he was “not a party to any such settlement discussions.”
“Plaintiff is improperly attempting to drag out the litigation in order to delay the inevitable determination that her claims are, in fact, baseless,” Hart’s opposition read. "Her stated hopes of deferring the expense inherent in the litigation that she commenced, and preserving ‘scarce judicial resources’ do not constitute meritorious grounds for such delay.”
In court papers obtained from District Court of California on November 12, 2019, the court denied her request to extend time because her “resolution talks” reason “is insufficient to establish good cause to warrant an extension.”
The court then mentioned Hart’s motion.
“Second, Plaintiff has violated the Local Rules of this Court because she (1) failed to meet and confer with Defendant Kevin Hart before filing her motion, as required by Local Rule 7-3, and (2) failed to abide by the 28-day notice requirement for any motion—as required by Local Rule 6-1—because she filed her Motion on November 8, 2019 and specified a hearing date of November 18, 2019,” the court papers read.
For these reasons, the Court denied her motion. But in the interest of judicial efficiency, the court agreed to extend her deadline to file a Second Amended Complaint until November 20, 2019, as opposed to the date she had requested.
“The Court again warns Plaintiff that the failure to file a Second Amended Complaint by November 20, 2019 or to adequately allege the Court’s jurisdiction may, without further warning, result in the dismissal of this action without prejudice,” the court papers read.
Sabbag is suing Hart, his former friend Jonathan Todd Jackson, who was arrested and charged with extortion, Fameolous, the site who published Hart and Sabbag’s sex tape, Cosmopolitan and other Defendants.
In her Original Complaint, she claimed the comedian “negligently or intentionally authorized, allowed and otherwise permitted Jackson access to Hart’s hotel room suite at Cosmopolitan of Las Vegas and breached their duty of care to M Sabbag.”
She claimed Jackson caused her to be “secretly videotaped without her knowledge or consent, while she was engaged in private, consensual sexual relationships with Hart in Hart’s private bedroom suite at the Cosmopolitan.”
Defendants posted a two-minute and 48-second “highlight reel” to obtain “tremendous financial benefit.” She claimed the incident was to “promote Hart’s Irresponsible tour.”
She claims to have “suffered, and continues to suffer, tremendous emotional distress.”