Sex-Trafficking Lawsuit Against MSG Performer James Dolan Needs Amendment to Survive, Judge Says

Federal judge is giving a massage therapist two weeks to sufficiently allege a commercial sex act in her lawsuit against entertainment mogul James Dolan — or face an outright dismissal of her claims in federal court.

In a new decision taken by Rolling rockthe judge agreed with Dolan's lawyers that plaintiff Kellye Croft's first amended complaint, filed in April, “lacks” the necessary threshold allegations that Dolan coerced her into a commercial sex act with something of value, such as “promises of career support or promotion.” U.S. District Court Judge Percy Anderson gave Croft until July 8 to file a second amended complaint with enough evidence to support a claim under the federal Trafficking Victims Protection Reauthorization Act.

“Because plaintiff does not allege that Dolan made direct statements or promises to entice, entice, or coerce her into a sexual relationship, she does not allege a commercial sexual act based on promises of career advancement,” the judge wrote in his decision.

If Croft successfully amends her complaint, the lawsuit will remain in federal court. But if she and her attorney, Douglas Wigdor, miss a court deadline to file a new version with a “viable federal claim” for sex trafficking, that claim will be dismissed with prejudice — meaning it can't be filed again , the judge said. Meanwhile, Croft's separate state statute claims for sexual harassment and aiding and abetting a sexual assault will be dismissed without prejudice “so that those claims may be pursued in state court,” the judge ruled.

A spokesman for Dolan said the ruling found there was “absolutely no merit to any of the allegations against Mr Dolan”. The spokesman claimed that Wigdor, Croft's lawyer, has “a vendetta against Mr. Dolan and Madison Square Garden.” Wigdor did not immediately answer Rolling rockrequest for comment.

In her lawsuit first filed in January, Croft claimed she was a 27-year-old masseuse working for Glenn Frey of legendary rock band The Eagles when she first met a 58-year-old Dolan in 2013. Croft was traveling with the Eagles for their History of the Eagles – Live in Concert tour, and Dolan (who is also a musician) was opening for the Eagles with the blues-rock band JD & the Straight Shot, her lawsuit said.

According to Croft's complaint, Dolan booked a massage with her, became “extremely demanding” and “forced her to engage in unwanted sexual contact with him.” She claimed that Dolan “invited” her to his room several times during the tour and made “unsolicited advances.” She said that because of Dolan's “tremendous power over everyone's position on the tour“, she felt “obliged to submit to sex with him”.

Croft claimed that in late 2013, a company owned by Eagles manager Irving Azoff flew her to California to work for the Eagles and Frey during their stay at the Forum. “He later learned that he was working for both the Eagles and Dolan,” the lawsuit said. Since the California-based group already had their own personal masseuses in Los Angeles, Croft claimed she was brought in “for the purpose of engaging in unwanted sexual acts with Dolan.” (A spokesperson for Azoff previously said Rolling rock that “neither he nor his companies had any involvement in any alleged misconduct by others,” adding that “Irving Azoff is not a party to this lawsuit.” Azoff Entities, meanwhile, is a named defendant.)

While in Los Angeles, Croft claimed she met Weinstein near an elevator at the Peninsula Hotel and that Weinstein already seemed to know who she was. She alleged that Weinstein eventually forced his way into her hotel room and assaulted her.

“Weinstein then pinned Ms. Croft down on the bed, pushed her down forcefully and spread her legs,” her lawsuit alleges. “Standing between her legs, he unbuttoned his robe and pushed his fingers into her, using his other hand to hold her down. He tried to push his cock into her, although it was difficult for him to do so.'

Dolan allegedly interrupted the alleged assault with a phone call and called her, according to the lawsuit. When they met, she told him what had happened, she said. “Dolan responded to Ms. Croft's report of sexual assault in a matter-of-fact tone, noting that Weinstein was 'a troubled man' who had many 'serious problems' but that his friends were 'trying to get him.' to address these issues,” the lawsuit alleged. “Dolan implied that Weinstein was not a 'safe' person, but did little to comfort Ms. Croft or help her report the assault to authorities,” the lawsuit said.

A lawyer for Weinstein did not respond to a request for comment. Weinstein, 72, is currently serving a 16-year prison sentence for his 2022 conviction on one count of rape and two counts of sexual assault in California. In April, New York's highest court overturned his Manhattan-based sex crime conviction in a surprise move.

Dolan vehemently denies Croft's claims. “There is absolutely no merit to any of the allegations against Mr. Dolan,” Dolan's attorney E. Danya Perry said previously. Rolling rock. “Kelye Croft and James Dolan had a friendship. The Harvey Weinstein references are just meant to fuel and appear to be plagiarized from previous cases against Mr. Weinstein. These allegations reflect an act of retaliation by an attorney who has brought multiple cases against Mr. Dolan and has not, and cannot, win a judgment against him. Mr Dolan has always believed that Mrs Croft was a good person and is surprised that she would agree with these claims. Bottom line, this is not a matter of he said/she said and there is hard evidence to support our position. We look forward to proving it in court.”