Claims that professional baseball player Alex “A-Rod” Rodriguez cheated on his ex-wife in legal action against his former brother-in-law – who, among other things, cited a report about Rodriguez entering a hotel room with a stripper – but they will not be shown during the litigation.
Miami-Dade Circuit Judge Michael Hanzman ordered that the lawsuit be returned with all references to the extramarital affairs, saying they are not only irrelevant and only intended to embarrass Rodriguez, but that the case won’t sink into a daytime domestic dispute TV show.
“This case will not turn into a soap opera, with the plaintiff seeking to take a ‘discovery’ about – and present to the jury – evidence relating to Mr. Rodriguez’s alleged infidelity with ‘strippers’ or who whatever else, “Hanzman wrote in his order.” So in order to quickly nip this problem in the bud, the court is refuting the allegations set out above. “
Rodriguez, a former New York Yankees player now engaged to singer and actress Jennifer Lopez, was married to Cynthia Scurtis from 2002 to 2008 – during which time he embarked on a real estate business with his brother, Constantine Scurtis.
Rodriguez and Scurtis have been locked in a six-year legal dispute over their business, with Scurtis first suing Rodriguez over allegations the baseball player pressured him to quit the business and the profits. Rodriguez then fired back, claiming it was Scurtis who took unauthorized funds from the company.
When Scurtis filed her fourth amended complaint in January, she opened up calling Rodriguez a “serial cheater and liar.”
Rodriguez’s attorney, John Lukacs to Coral Gables, in his motion to dismiss, retorted that the first paragraph of the complaint “sensationalizes” Rodriguez’s relationship with his ex-wife and begins with “insults”.
“These accusations seem designed to poison these proceedings and serve only to humiliate, attack and denigrate,” Rodriguez, wrote Lukacs.
Rodriguez asked the court to dismiss him, or to approve his motion for a more final statement and strike out case references and claims for punitive damages on two counts.
Hanzman partly disagreed and partly agreed.
The judge dismissed Rodriguez’s dismissal request and his alternative request for a more definitive statement, concluding that the fourth amended complaint can stand. At the same time, Hanzman agreed with Rodriguez that Scurtis’ claims for punitive damages in two of the charges should be dismissed and the allegations “sensationalized” and references to Rodriguez misleading Cynthia Scurtis removed.
The fourth amended complaint must be resubmitted without these allegations and the existing fourth amended complaint must be removed from the register, Hanzman ordered.
“These detailed allegations of alleged marital infidelity are completely irrelevant to the question of whether Mr. Scurtis was wrongly ‘excluded’ from the real estate business (s) formed between him and Mr. Rodriguez,” the order said. from Thursday. They “are intended to embarrass Mr. Rodriguez and to advance the argument that because Mr. Rodriguez has a ‘propensity’ to cheat, he probably ‘cheated’ on Mr. Scurtis of its legitimate property rights. “
But Hanzman noted that it was normal for Scurtis to base his allegations on Rodriguez’s marriage breakdown to Cynthia Scurtis, citing this as a motivator in the alleged allegations.
Lukacs did not return a request for comment. Scurtis’ attorney, Roche’s partner Cyrulnik Freedman, Katherine Eskovitz in California, who signed the fourth amended complaint, did not comment.
As part of the joint venture, Rodriguez as financier was to receive the largest share of the 95% profit, while Scurtis, who was the mastermind of the business due to his keen sense, was to receive 5% and 3% of real estate acquisitions, according to the fourth amended complaint. Scurtis, a savvy investor, has identified the properties, including one in Miami’s currently booming Edgewater neighborhood.
The lawsuit accused Rodriguez and the co-conspirators of secretly ‘hijacking’ properties by selling them to themselves at artificially low prices, removing Scurtis from profits and investing the proceeds of the sale in other properties. , depriving Scurtis of future interests. They allegedly sued the company under a new name and made false filings with the IRS and the Florida Secretary of State, potentially exposing Scurtis to tax liability.
The fourth amended 59-count complaint adds 22 counts, including a civilian Florida Racketeer Influenced and Corrupt Organizations Act count that results in triple damages. It also adds nine defendants, pushing the total to over 80 – the majority of which are limited liability companies and others used in real estate investments.
Hanzman felt it was acceptable to add the defendants, as the court had previously allowed Scurtis to modify, while the new defendants appear to be “additional single-use vehicles used to facilitate the overall real estate business.”
Rodriguez has denied the allegations, including that Scurtis was kicked out of the companies. In a single count abuse of process counterclaim, Rodroguez said it was Scurtis who, in 2005, withdrew nearly $ 1.4 million from the business for himself.
The two sides agreed that this money would be treated as a loan to Scurtis, who would repay it by waiving payments due under their business terms, Lukacs wrote in the counterclaim. He also alleged that Scurtis did not pay taxes on the nearly $ 1.4 million he had withdrawn.
“Because these monies were treated as loans, Scurtis’ calculation day with the IRS was postponed to when (i) its future distributions were applied against the loan balance or (ii) when the money was taken as income, ”Lukacs wrote.
Scurtis’ own accountant confirmed he owed the company money, according to Lukacs documents, which indicated that Scurtis was continuing to modify his complaints in order to bypass statute of limitations.
Scurtis’ motion to dismiss called the Fourth Amended Complaint a “shotgun plea” and said it was “filled with outrageous words and allegations that are woefully irrelevant or not based on the facts. facts ”.
Hanzman’s order stated that Scurtis’ fourth amended complaint was his last opportunity to amend and the case will only be framed by the issues raised in the fourth amended complaint referred and Rodriguez’s response, due 15 days after being served. .
Read the command: