Montgomery v. Oberti

945 F. Supp. 2d 1367, 2013 WL 2120824, 2013 U.S. Dist. LEXIS 69771
CourtDistrict Court, S.D. Florida
DecidedMay 16, 2013
DocketCase No. 11-62703-CIV
StatusPublished
Cited by6 cases

This text of 945 F. Supp. 2d 1367 (Montgomery v. Oberti) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montgomery v. Oberti, 945 F. Supp. 2d 1367, 2013 WL 2120824, 2013 U.S. Dist. LEXIS 69771 (S.D. Fla. 2013).

Opinion

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

JAMES I. COHN, District Judge.

THIS CAUSE is before the Court upon four motions filed by Defendants: Defendant Island Hotel Company Limited’s Motion to Dismiss Amended Complaint [DE 49]; Defendants Robert Rothschild, Jonathan Oberti and Garret Wittels’ Motion to Dismiss the Amended Complaint [DE 62]; Defendant Island Hotel Company Limited’s Motion for Summary Judgment [DE 69]; and Defendant’s Motion to Strike the Affidavit of Timothy Brignole and Accompanying Incident and Guest Reports Sub[1371]*1371mitted in Opposition to Defendant’s Pending Motion for Summary Judgment [DE 78].1 The Court has carefully reviewed these motions, the filings supporting and opposing the motions, the record in this case, and the Court is otherwise fully advised in the premises.

I. Background

A. Pacts

On December 19, 2010, Plaintiff Laura Montgomery, a United States citizen, arrived as a guest at the Atlantis Resort (the “Resort”) in Paradise Island, Bahamas. See DE 38 (Am. Compl.), ¶¶ 4, 8, 19. The Resort is operated by Defendant Island Hotel Company Limited (“Island Hotel”), a Bahamian company with corporate offices in Plantation, Florida. See id. ¶¶ 7, 8, 13. On the evening of her arrival, Plaintiff and a female friend entered a bar at the Resort. See id. ¶ 21. According to Plaintiff, a Resort employee admitted the two women to the bar even though they produced identification showing that they were seventeen years old and therefore under the Bahamas’ legal drinking age of eighteen. See id. ¶¶ 22-24. Plaintiff claims that the bar staff served each of the women three mixed drinks without requiring them to show further identification. See id. ¶¶23, 25.

Around 1:30 a.m., a group of five young men — including Defendants Jonathan Oberti, Robert Rothschild, and Garret 'Wittels, all United States citizens — entered the bar. See DE 38, ¶¶ 5-6, 26. Some of the men engaged in conversation with Plaintiff and her friend, who revealed that they were seventeen. See id. ¶¶ 27-28. Wittels offered to buy the women a drink, and they accepted. See id. ¶¶ 29-30. The men suggested that the women watch them gamble in the casino, and the group left the bar. See id. ¶ 31. At that point, Plaintiff maintains, she and her friend were “extremely intoxicated.” Id. ¶ 32.

After gambling for a short time, two of the men took Plaintiff and her friend to the men’s hotel room, and another of the men later arrived in the room. See DE 38, ¶¶'33-34. Plaintiff alleges that at least one of the men undressed her and, thereafter, “two members of the group had vaginal intercourse with Plaintiff and one of the group had her perform oral sex on him.” Id. ¶¶ 34-35. Plaintiff asserts that during these events, she was “semiconscious” and “unwilling and effectively unable to consent to these actions due to her level of intoxication.” Id. ¶ 35.

At some point that night, Plaintiff and her friend locked themselves in the men’s bathroom. See DE 38, ¶¶ 36-37. One of the men banged on the door and demanded that the women leave the hotel room. See id. ¶¶ 38-39. Plaintiff and her friend were pushed out of the hotel room, and one of the men threw the women’s clothes and other belongings out the door behind them. See id. ¶ 40. With some difficulty, the women returned to their own hotel room and passed out. See id. ¶ 41.

After the women awoke later that morning, Plaintiff notified the Resort’s security staff of the previous night’s events. See DE 38, ¶ 42. At Plaintiffs request, security personnel reported the events to Bahamian police. See id. Plaintiff and her friend were taken to the police station and later met detectives at a hospital’ in Nassau, Bahamas. See id. ¶¶ 43-44. The detectives separately interviewed the women, and physicians and nurses examined and questioned each woman. See id. ¶45. [1372]*1372Plaintiff recounted the sexual acts that had occurred in the men’s hotel room and her “semi conscious state” at that time. Id. ¶ 46.

By the following day, police had detained the five young men. See DE 38, ¶ 47. Three of the men gave statements “admitting that • either they or another member of their group had participated in some form of sexual activity involving Plaintiff or her friend, but denying that such activity was without consent.” Id. ¶ 48. Oberti, Rothschild, and Wittels were initially arrested and charged with rape. See DE-49 at>2 n. 1; DE 67 (Defs. Robert Rothschild, Jonathan Oberti and Garret Wittels’ Reply in Supp. of Their Mot. to Dismiss the Am. Compl.) at 4 n. 1. After further investigation, however, “police concluded the statements given by Plaintiff and her friend did not match video surveillance captured by Atlantis Resort’s security system.” DE 49 at 2 n. 1. The Attorney General of the Bahamas therefore ordered that all charges against the men be dismissed. See DE 67 at 4 n. 1.

B. Procedural History

On December 20, 2011, Plaintiff filed her original Complaint in this diversity action. See DE 1. Plaintiff claimed that Island Hotel was negligent in allowing Plaintiff and her friend to be served alcoholic drinks at the Resort bar, in violation of a Bahamian penal law banning the sale of alcohol to persons under eighteen. See id. at 13-14.2 This negligent conduct, Plaintiff alleged, “caused and allowed Plaintiff to become intoxicated and sexually exploited by the young men.” Id. at 13, ¶ 72; see id. at 14, ¶ 76.

On November 27, 2012, the Court granted Plaintiffs motion for leave to file an Amended Complaint adding claims against Oberti, Rothschild, and Wittels (together, the “Male Defendants”). See DE 37. The Amended Complaint pleads three claims against the Male Defendants: sexual battery, assault, and intentional infliction of emotional distress. See DE 38 at 12-14. These claims include allegations that Plaintiff “never consented” to being sexually battered or assaulted by the Male Defendants and that the emotional distress suffered by Plaintiff was a “direct and intended consequence of [Defendants’] intentional and outrageous conduct.” Id. at 12, ¶ 64; id. at 13, ¶ 71; id. at 14, ¶ 78. Further, while Plaintiff maintains her negligence claim against Island Hotel, she has reworded that claim to assert that Island Hotel’s negligent conduct “caused Plaintiff to become intoxicated and, subsequently, sexually assaulted.” Id. at 10, ¶ 55 (emphasis added); see id. at 11, ¶ 59. Plaintiff seeks damages from all Defendants for physical and mental injuries, as well as for the costs of medical treatment and therapy. See id. at 11, ¶ 60; id. at 12, ¶ 66; id. at 13, ¶ 72; id. at 14, ¶ 79.

Island Hotel and the Male Defendants have filed separate Motions to Dismiss the Amended Complaint. See DE 49; DE 62. Defendants argue that (1) Plaintiff has failed to state any valid claim for relief and (2) the doctrine of forum non conveniens requires Plaintiff to pursue her claims in the Bahamas. See id. More, Island Hotel has filed a Motion for Summary Judgment based on the substantive issues raised in its Motion to Dismiss and the discovery record. See DE 69.

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Bluebook (online)
945 F. Supp. 2d 1367, 2013 WL 2120824, 2013 U.S. Dist. LEXIS 69771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-oberti-flsd-2013.