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Whether Doe consented to having sex with all three men. According toRose’s deposition, he had asked Doe on several separate occasions to have group sex. She always said no, and this played a role in their breakup. In Rose’s deposition, he claimed to have put his used condom back in its wrapper after having sex with Doe. He also said he did not know the definition of the word “consent.” I just listened to a 1.5 hour conference call w/ D-Rose’s sexual assault accuser. The 2 most important takeaways: pic.twitter.com/bfU8GW1wMn Dan Werly (@WerlySportsLaw) September 15, 2016 In June 2016, Rose’s lawyers filed a motion for a Summary Judgment, in which they said the caseshould be thrown out. http://www.pfcdavidlawrence.org/justhenryreyes/2016/08/03/picking-fast-methods-for-curriculum-vitaeThis motion was denied after the judge concluded there was “a genuine dispute of material fact as to the central issue in this action: whether Plaintiff consented to sexual intercourse with Defendants in early morning of August 27, 2013.” In arguing that Doe’s name should be made public during the trial, Rose’s lawyers have said Doe is seeking to take advantage of Rose’s wealth and celebrity. From an August 22 memorandum: “This is not a rape case. Its pure and simple extortion by a plaintiff who wants to hide behind the cloak of anonymity while seeking millions in damages from a celebrity with whom she was in a long-term nonexclusive consensual sexual relationship.” Rose’s lawyers also cited Doe as portraying herself as “sexual” and for posting photos to social media that are “sexual in nature” as reasons to reveal her identity. From the court’s ruling regarding her anonymity: “Of special note, Plaintiff is publicly portraying herself as sexual. The production includes photos from Plaintiffs Instagram account that are sexual in nature. In these images, Plaintiff is dressed in provocative attire, is in sexually suggestive poses, and is in photographs indicating that she engages in sexually charged encounters with more than one man at a time. Plaintiffs use of twitter and other forms of social media further belies her apparent desire for anonymity.” Last week, Knicks team president Phil Jackson said that the team is “not concerned” with the civil trial against Rose. “One thing I’d like to address about Derrick Rose and the process he’s going through we anticipate it will not affect his season, hopefully, training camp or games,” Jackson told the New York Post. “We’re going to let the due process of the justice system work its way through the next week and a half. We want to put this to rest.
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