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Federal Judge Dismisses Rose McGowan's Lawsuit Against Harvey Weinstein Over Missed Deadline

Rose McGowan accused the former Hollywood power broker of trying to silence her over her rape accusation. 

By Constance Johnson
Rose Mcgowan G

A federal judge in California tossed Rose McGowan’s lawsuit against disgraced movie mogul Harvey Weinstein and his high-profile attorneys after she missed a court-ordered deadline.

U.S. District Court Judge Otis Wright dropped the lawsuit with prejudice, eliminating any opportunity for McGowan to file it again in federal court. She can still pursue her case in state courts.

McGowan originally filed the lawsuit in October 2019 accusing Weinstein and his former attorneys Lisa Bloom and David Boies of violating the Racketeering Influenced Corrupt Organizations Act by attempting to silence her and sabotage her career over her rape accusation against Weinstein.

“Harvey Weinstein was able to perpetrate and cover up decades of violence and control over women because he had a sophisticated team working on his behalf to systematically silence and discredit his victims,” McGowan said in a statement at the time, according to the Los Angeles Times. “My life has been upended by their actions.”

Wright gutted much of the lawsuit last year but allowed McGowan to move forward with two fraud claims and to modify the RICO allegations.

But last month on November 9, Wright ruled that the amended complaint did not qualify as racketeering.

“Defendants’ effort to silence McGowan was a single, unified project with an end goal and an end date,” Wright wrote according to Variety. “Thus, it is not the sort of continuous effort that is prohibited by RICO.”

She fired her attorneys last month and was representing herself, according to the Los Angeles Times.

Wright then gave the actress until Dec. 3 to file another brief. The judge dismissed the entire case on Monday after McGowan missed that deadline.

The actress and activist was one of the first of eventually dozens of women to go on the record and accused Weinstein of sexual assault.  

Weinstein has repeatedly denied having nonconsensual sex with anyone.

His spokesperson applauded the judge’s ruling.

“Out of the public glare, with proper time, legal work, evidence and facts, this is the way we believe they ultimately will go,” the spokesperson said according to NBC News. “A chapter is put behind as Mr. Weinstein keeps going forward to demonstrate the truth.”

Weinstein was convicted last year of rape and sexual assault in New York and sentenced to 23 years. The former Hollywood power broker is currently in a California prison awaiting trial for sexual assault charges.