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Michael Egan, who filed teen sex abuse cases against X-Men director Bryan Singer and three others in April amid white-hot publicity at standing room only press conferences, is now apparently seeking to withdraw his last remaining suit against those defendants — but this time via a motion filed Monday without publicity.
Because the motion is sealed, it’s not possible to quote more than its title: “Plaintiff’s Opposition to Motion to Withdraw as Counsel; Request for Court Order of Dismissal, Without Prejudice or an Award of Costs or Fees, in the Interest of Justice — filed by Michael F. Egan, III (pro se).”
The filing comes in the Hawaii federal court case against Singer. Egan has already withdrawn cases against the other three defendants, Gary Goddard, David Neuman and Garth Ancier.
Those withdrawals came as the cases — which claimed teen sex abuse at parties at Hawaii and Los Angeles mansions from 1997 to 1999 — appeared to collapse under the weight of Egan’s own prior sworn statements from 2003, in which he said that he’d never been to Hawaii and that no one other than the occupants of the Los Angeles mansion had sexually molested him. He had even signed a statement in 2003 that he’d never had sexual contact with Neuman. In addition, several of the defendants filed evidence such as credit card receipts and witness declarations to show that they hadn’t been in Hawaii during the period in question.
It also appears from the title of today’s motion that Egan and his lawyer, Jeffrey Herman, are now at odds. Last week, Herman moved to withdraw from representing Egan, but the motion by Egan apparently opposes the move.
“Pro se” means that Egan is representing himself. Herman’s motion to withdraw will be heard tomorrow in Hawaii and a similar motion will be heard in Los Angeles on September 8. It relates to cases filed by Herman for Egan against four anonymous defendants who have not been named but who appear to be the same as the defendants in the original Hawaii suits, including X-Men director Bryan Singer. Those cases have not been served or otherwise pursued.
It’s likely that Singer’s attorneys will fight Egan’s pro se motion in Hawaii to dismiss without prejudice — a type of dismissal that would allow Egan to refile if he wishes — since Singer has already filed a motion to dismiss the case with prejudice, which would not allow it to be refiled. That motion is scheduled to be heard September 9.
All that remains of the cases Herman filed on behalf of Egan are the original Hawaii case against Singer and the Los Angeles cases against the anonymous defendants. Also pending is a Los Angeles case Herman filed for an anonymous plaintiff against Singer and Goddard. Singer was dismissed from the case at the end of July. Goddard’s motion to dismiss will be argued Aug. 18.
Meanwhile, Egan and Herman are now both defendants themselves, in a malicious prosecution suit filed by Ancier. Herman, who was previously suspended by the Florida Supreme Court for 18 months and was separately barred for life from appearing in an Oregon federal court, has filed an answer denying liability. Egan was served with the suit on Thursday in a Las Vegas casino men’s room after evading process servers for five weeks, according to Ancier.
In addition, if Singer is successful in getting the case dismissed, that could be the prelude to filing a malicious prosecution action of his own against Egan and Herman. His counsel declined to comment.
It was not possible to reach Egan, and Herman did not respond to a request for comment. Egan has apparently engaged new attorneys, despite filing his motion pro se, but those attorneys and Singer’s would not comment on the substance of Egan’s motion.
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