Motion to Dismiss Denson Lawsuit Against Bishop, Church

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_esodije
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Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _esodije »

Apparently there was a hearing recently on the defendants’ motion to dismiss McKenna Denson’s MTC sexual-assault lawsuit in federal district court in SLC. Does anyone have any idea how that hearing went? It seems to me that Denson’s lawyers have known all along that several of the counts in the complaint were going to be dismissed, no matter what, for being time-barred. The counts that stand the best chance of surviving the motion to dismiss are the ones for which a plausible argument can be made that the statute of limitations was tolled due to the church’s withholding material facts from Denson about disciplinary proceedings (or the lack thereof) against Bishop. It would be fascinating to see what came out in discovery in this case.
Last edited by Guest on Mon Jul 30, 2018 10:59 pm, edited 1 time in total.
_candygal
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _candygal »

Calling Consig...Consig??

I am so hoping that this can proceed to the reasons you mentioned above.
_boris
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _boris »

esodije wrote:Apparently there was a hearing recently on the defendants’ motion to dismiiss McKenna Denson’s MTC sexual-assault lawsuit in federal district court in Salt Lake City. Does anyone have any idea how that hearing went? It seems to me that Denson’s lawyers have known all along that several of the counts in the complaint were going to be dismissed, no matter what, for being time-barred. The counts that stand the best chance of surviving the motion to dismiss are the ones for which a plausible argument can be made that the statute of limitations was tolled due to the church’s withholding material facts from Denson about disciplinary proceedings (or the lack thereof) against Bishop. It would be fascinating to see what came out in discovery in this case.


There would not be any discovery, even if one claim survives. Settlement with NDA would be the final outcome...unless denson refused
_esodije
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _esodije »

boris wrote:
There would not be any discovery, even if one claim survives. Settlement with NDA would be the final outcome...unless denson refused


Perhaps...if there were anything left not to disclose (besides the settlement amount).
Last edited by Guest on Wed Aug 01, 2018 5:10 pm, edited 1 time in total.
_esodije
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _esodije »

_MsJack
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _MsJack »

The judge is a BYU graduate who was born in Provo and is adjunct faculty with the J. Reuben Clark Law School.

This case is getting dismissed for that reason alone.

That said: I'm no legal expert, but I did recently have a lawsuit against me thrown out on SoL grounds. Denson's arguments for tolling the SoL strike me as weak. It'd very likely get thrown out even if it weren't being decided by a Mormon judge in the heart of Utah.

I believe her, and I wish that weren't the case, but that's probably how this ends.
"It seems to me that these women were the head (κεφάλαιον) of the church which was at Philippi." ~ John Chrysostom, Homilies on Philippians 13

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_Lemmie
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _Lemmie »

MsJack wrote:The judge is a BYU graduate who was born in Provo and is adjunct faculty with the J. Reuben Clark Law School.

This case is getting dismissed for that reason alone.

That said: I'm no legal expert, but I did recently have a lawsuit against me thrown out on SoL grounds. Denson's arguments for tolling the SoL strike me as weak. It'd very likely get thrown out even if it weren't being decided by a Mormon judge in the heart of Utah.

I believe her, and I wish that weren't the case, but that's probably how this ends.

Anywhere else and that would be a conflict of interest for the judge.
_peacemaker
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _peacemaker »

MsJack wrote:The judge is a BYU graduate who was born in Provo and is adjunct faculty with the J. Reuben Clark Law School.

This case is getting dismissed for that reason alone.

That said: I'm no legal expert, but I did recently have a lawsuit against me thrown out on SoL grounds. Denson's arguments for tolling the SoL strike me as weak. It'd very likely get thrown out even if it weren't being decided by a Mormon judge in the heart of Utah.

I believe her, and I wish that weren't the case, but that's probably how this ends.


She has a long history of falsely accusing other men of rape. I know Mckenna Denson is lying because she initially said that Joseph Bishop "tried to" rape her. Don't let the anti-Mormons deceive you.
_MsJack
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _MsJack »

peacemaker wrote:She has a long history of falsely accusing other men of rape. I know Mckenna Denson is lying because she initially said that Joseph Bishop "tried to" rape her. Don't let the anti-Mormons deceive you.

The weird detail of the MTC basement "office" (with the bed in it) has been corroborated by a former employee of the MTC. The probability that she knew about it because Bishop brought her there is high.
"It seems to me that these women were the head (κεφάλαιον) of the church which was at Philippi." ~ John Chrysostom, Homilies on Philippians 13

My Blogs: Weighted Glory | Worlds Without End: A Mormon Studies Roundtable | Twitter
_peacemaker
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Re: Motion to Dismiss Denson Lawsuit Against Bishop, Church

Post by _peacemaker »

MsJack wrote:
peacemaker wrote:She has a long history of falsely accusing other men of rape. I know Mckenna Denson is lying because she initially said that Joseph Bishop "tried to" rape her. Don't let the anti-Mormons deceive you.

The weird detail of the MTC basement "office" (with the bed in it) has been corroborated by a former employee of the MTC. The probability that she knew about it because Bishop brought her there is high.


McKenna Denson reported the abuse to her local bishop. Denson's bishop Bro. Leavitt is on record as saying that Joseph Bishop took her "and I think another sister missionary down to the basement and showed them some pornography". Leavitt states that Denson did not use the words rape or attempted rape. I know Joseph Bishop is guilty of some sort of abuse, but it doesn't mean he raped sister missionaries.
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