Georgia judge rejects Dwight Howard's attempt to throw out sexual assault lawsuit against him.

Judge in Georgia denies NBA player Dwight Howard's request to dismiss sexual assault and battery lawsuit, per ESPN.

February 23rd 2024.

Georgia judge rejects Dwight Howard's attempt to throw out sexual assault lawsuit against him.
A recent ruling by a judge in Georgia has denied former NBA star Dwight Howard's motion to dismiss a lawsuit accusing him of sexual assault and battery. The decision, made in Gwinnett County, is the latest development in an ongoing legal battle brought forth by Stephen Harper. Harper alleges that during a July 2021 encounter at Howard's residence in Georgia, the former NBA player sexually assaulted him.
Harper's lawyer, Olga Izmaylova, expressed satisfaction with the court's ruling, stating, "We are glad the court denied Mr. Howard's motion and we look forward to proving our client's case." The lawsuit also includes allegations of intentional infliction of emotional distress and false imprisonment.
Not only did the judge reject Howard's motion, but they also ruled to seal an exhibit that was filed in December 2023. The exhibit contained what Howard's lawyers claimed were embarrassing and sexually explicit text messages.
One of Howard's attorneys, Justin Bailey, responded to the ruling, expressing confidence in the justice system. He stated, "Justice will prevail, and we fully trust in our justice system and the process. This order is part of the process. We will engage in discovery and further prove our case. When the time is right, we will let our future pleadings speak for themselves."
The lawsuit was initially filed in July 2023 and is currently in the discovery phase, with no trial date scheduled. Howard's legal team has consistently maintained that the encounter in question, which involved a third person, was consensual. In October 2023, they denied the allegations and sought a dismissal. They escalated their efforts in December 2023, requesting a summary judgment to dismiss the charges without a trial.
In Harper's initial complaint, screenshots of alleged Instagram exchanges between him and Howard in 2021 were included, along with an Uber receipt detailing Harper's trip to Howard's residence on the night of the incident. However, Harper did not go to the police until a year later, and no charges were filed.
In a December 2023 filing, Howard's attorneys characterized the case as a "classic case of unrequited love," claiming that after one consensual evening, Howard was no longer interested in Harper's company. Harper's legal team responded in January 2024, rejecting the notion of unrequited love and urging the judge to deny Howard's request for a summary judgment. They argued that the case was about holding Howard accountable for his actions, not personal motives.
As the legal proceedings continue, Howard, an eight-time All-Star and three-time NBA Defensive Player of the Year, awaits a resolution on the allegations that have cast a shadow over his post-NBA career. Meanwhile, reports have surfaced that Howard may be signing with a Philippines basketball team.

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