Dear Judge ,
I am writing to respectfully oppose the Defendant’s Motion to Dismiss in the above-referenced matter. For the reasons detailed below, the motion should be denied.
1. Legal Standard for Motion to Dismiss
A motion to dismiss requires that the Court assume all allegations in the complaint are true and view them in the light most favorable to the Plaintiff. The Defendants bear the burden of demonstrating that the Plaintiff has failed to state a claim upon which relief can be granted.
2. Factual Background
The Plaintiff alleges that the Chicago Bulls, as an organization, has a troubling history of covering up misconduct by its players, including Scottie Pippen and his brother, Carl Pippen. Specifically, the Plaintiff claims that in 1993, while Scottie Pippen was employed by the Chicago Bulls, he and his brother were involved in a sexual assault incident that was not addressed by the organization. Furthermore, the Plaintiff alleges a pattern of harassment and stalking by Scottie Pippen, exacerbated by the NBA’s and Chicago Bulls’ failure to hold Pippen accountable.
3. Legal Arguments Against Dismissal
A. The Complaint States Valid Claims
The Defendants argue that the complaint fails to state a claim. However, the Plaintiff’s allegations, including the cover-up of misconduct, failure to hold players accountable, and subsequent harassment, are substantial and meet the legal standards for various claims, including negligence, intentional infliction of emotional distress, and breach of duty. The complaint details specific instances of alleged abuse and systemic failures that are sufficient to state a claim.
B. The Plaintiff Has Standing and Jurisdiction is Proper
The Defendants’ argument that the Plaintiff lacks standing or that the court lacks jurisdiction is unfounded. The Plaintiff has standing based on the direct harm suffered due to the alleged misconduct and the Defendants' actions. The court has jurisdiction over the claims as they involve violations of state and federal laws, and the conduct described has crossed state lines.
C. The Complaint Is Adequate and Defendants’ Conduct Is Relevant
The Plaintiff’s claims are directly relevant to the Defendants' conduct. The allegations against Scottie Pippen and his associates are tied to the actions of the Chicago Bulls and the NBA, who are alleged to have provided protection and support to Pippen, facilitating ongoing harm to the Plaintiff. This direct involvement and the systemic nature of the alleged cover-up make the claims valid and appropriate for judicial review.
4. Request for Leave to Amend
Should the Court find any deficiencies in the complaint, the Plaintiff respectfully requests leave to amend. The Plaintiff seeks to correct any errors and provide additional details and supporting documentation to substantiate the claims. Such amendment is essential to fully address all relevant allegations and ensure the claims are properly articulated.
5. Request for Special Service
In addition, the Plaintiff requests permission for special service of process to all Defendants via email, public posting, certified mail, and/or through third-party service to Jason Giller, Esq., representing Scottie Pippen. Given the history of stalking and harassment by the Defendants, this is a necessary measure to ensure that all parties are properly notified.
6. Conclusion
For the reasons outlined above, the Defendant’s Motion to Dismiss should be denied. The Plaintiff has adequately stated claims upon which relief can be granted, and all factual and legal issues should be resolved through the litigation process rather than dismissal.
Thank you for considering this opposition.
Respectfully submitted,
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