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Roethlisberger's attorneys to seek sanctions

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Wednesday, Aug. 26, 2009
 

Attorneys for Ben Roethlisberger have notified the attorney for the woman who claims she was sexually assaulted by the Steelers quarterback that they intend to seek sanctions against him for the "frivolous" lawsuit filed against the millionaire football player.

The attorneys notified Reno attorney Calvin Dunlap on Tuesday that he has 21 days to rectify what they call factual errors in the lawsuit before they seek sanctions against him in the Second Judicial District Court of Nevada where the suit was filed.

Dunlap is representing the Nevada resort worker who claims that Roethlisberger sexually assaulted her on July 11, 2008, at Harrah's Lake Tahoe Hotel and Casino, where she worked as a VIP concierge and he was attending a celebrity golf tournament.

Roethlisberger, 27, has denied assaulting the 31-year-old woman who has never gone to police. The Tribune-Review does not name alleged victims of sexual assault.

"Roethlisberger respectfully requests that the fabricators of a scheme masquerading as a lawsuit, designed to harass and embarrass him ... be subject to Rule 11 sanctions," the proposed motion states. "(Roethlisberger) hopes the sanctions will shock (the woman's) counsel back to reality ..."

The Internet Lectric Law Library states: "Federal Rule of Civil Procedure 11 provides that a district court may sanction attorneys or parties who submit pleadings for an improper purpose or that contain frivolous arguments or arguments that have no evidentiary support."

Dunlap, who could not be reached for comment last night, previously filed court documents accusing Roethlisberger's attorneys of trying to "bully" the woman into dropping her civil suit and for suggesting they might countersue her, a move he said "borders on extortion."

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