Fox News Flash top entertainment headlines November 22
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WARNING: THIS ARTICLE CONTAINS GRAPHIC INFORMATION
Jamie Foxx allegedly sexually assaulted "Jane Doe" in 2015 at Catch NYC restaurant in a claim filed in a New York court Wednesday.
The sexual assault and battery lawsuit was filed the day before the New York Adult Survivors Act expired, which allowed sexual assault survivors to file lawsuits against alleged abusers after the statute of limitations runs out.
In documents obtained by Fox News Digital, Doe, the Plaintiff, claimed the Academy Award winner was "intoxicated" when he grabbed her by the arm and proceeded to assault her in the back area of the rooftop lounge.
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Foxx allegedly assaulted a woman in 2015 at a rooftop bar in New York. (Jason Kempin)
A spokesperson for Foxx told Fox News Digital: "The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter. The claims are no more viable today than they were then. We are confident they will be dismissed again. And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action."
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In addition to Foxx, Catch Hospitality Group, restaurateur Mark Birnbaum, and managing partner Arie Kovant are each also named in the suit.
The complaint stated Doe and a friend were seated "one table away" from the "Ray" actor who was having drinks with Birnbaum. Doe recalled crowds of patrons gathering and being ushered away from the table throughout the evening, but she and her friend were never asked to move tables.
"At some point near approximately 1:00am on August 27, 2015 after many patrons had left the area, Plaintiff’s friend stood up from the table, walked over to Defendant Foxx and asked if he would take a picture with her and Plaintiff," docs listed. "FOXX stated ‘sure baby anything for you’ and walked to Plaintiff’s table. Several photographs were taken."
Jamie Foxx was accused of sexual assault in 2015 in a lawsuit filed Wednesday, Nov. 22. (Karwai Tang)
Doe alleged that "Foxx seemed intoxicated" while taking photographs. "At one point Foxx roughly grabbed Plaintiff’s phone out of her hand and took additional photographs," the complaint said. "Foxx then made several comments to Plaintiff including ‘Wow, you have that super model body’, ‘You smell so good’ and ‘You look like Nickie.’ When Plaintiff asked ‘Who’s Nickie?,’ Foxx replied ‘Gabrielle Union.’
"Foxx proceeded to grab Plaintiff by her arm and pulled her to the back area of the rooftop."
Once in a more "secluded area," Doe claimed Foxx "placed both of his hands" on her waist before moving them under her crop top where he "began rubbing her breasts."
Jamie Foxx first found fame on "In Living Color" before starring in his own, self-titled sitcom. (ABC Photo Archives)
The suit alleged, "Plaintiff was caught off guard and attempted to step away from Foxx. Plaintiff noticed Defendant John Doe, a security guard of one of the Defendants some distance away who saw what was happening but walked further away." According to the suit, Foxx then allegedly proceeded to slide his hands into the Plaintiff's pants.
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"As this was happening, Plaintiff’s friend walked over looking for Plaintiff. Foxx stopped touching Plaintiff and walked over to where Defendant John Doe, a security guard, was standing."
The complaint asked that "no negligence or intentional acts on the part of the Plaintiff caused or contributed to the said heinous touching and sexual assault of Plaintiff."
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Doe stated in the complaint that she "has suffered and continues to suffer physical and emotional injuries, anxiety, distress, embarrassment and economic harm."
Plaintiff is "entitled to recover damages from Defendants in an amount that exceeds the monetary limit of all lower courts that would have jurisdiction over this matter plus punitive damages," docs stated.
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