Attorney: Lawsuit against UCF fraternity refiled after being dismissed

Attorney Michael Avenatti says case was refiled in state court

ORLANDO, Fla. – The lawsuit filed Wednesday that alleged members of a University of Central Florida fraternity posted pictures of naked women in a Facebook group has been refiled after being dismissed by a Florida judge, according to the attorney who filed the suit.

That attorney is Michael Avenatti, who is also the lawyer representing adult film star Stormy Daniels in her legal battle against President Trump.

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Judge Roy B. Dalton Jr. wrote a dismissal that cited issues with the information included in the lawsuit and the way the suit was organized. Avenatti has since tweeted that the suit has been refiled in state court.

The lawsuit was filed Wednesday. Dalton dismissed the suit Friday.

It contains allegations against five members of the Delta Sigma Phi fraternity's UCF chapter as well as the fraternity itself, saying the UCF students posted nude photos of women in a private Facebook group named the "Dog Pound." The group was a place for fraternity brothers to post pictures and videos of their "sexual conquests," according to the suit.

In the dismissal document, Dalton said the lawsuit's "information and belief" that the defendants live in Florida because they attend UCF is not enough to prove their residency. Dalton also said the lawsuit contained too much information, some of which was irrelevant.

Dalton ordered any new or refiled lawsuit must "clearly delineate which factual allegations are relevant to each claim."

Avenatti tweeted Sunday that the dismissal came from a "minor issue" and that the suit was already refiled.

The plaintiff is a university student in Arizona who said her ex-boyfriend, who attended UCF at the time, posted photos of their private sexual activity in the group. The lawsuit said the student distributed the image to at least five of his fraternity brothers, and that about 200 people saw the video during chapter meetings.

UCF officials said the ex-boyfriend and one other defendant are no longer enrolled at the school, while the three other still are.

UCF officials said the fraternity has since been placed on interim suspension with a student conduct hearing scheduled for June 29.

 


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