Judge Dismisses Initial complaint in Case Against Erika Jayne’s Lawyer, Cites vague Accusations
A federal judge has dismissed the initial complaint filed against attorney Tom Wilkes by Morante, Psaila, and their company, Marcosquared, LLC, finding it legally insufficient. The lawsuit, filed in November, accused Wilkes of abuse of process and conspiracy to commit abuse of process, alleging he aided Erika Jayne (EJ) and Tom Girardi (TG) in delaying bankruptcy proceedings and discrediting those challenging Girardi’s financial misconduct.
The plaintiffs claimed Wilkes orchestrated legal strategies to benefit Jayne and Girardi, and further alleged he funded Jayne’s legal battles using improperly obtained Paycheck Protection Program (PPP) loans during the COVID-19 pandemic. The complaint stated Wilkes “substantially” overstated his employee count and falsely claimed pandemic-related salary losses to secure the loans.
The lawsuit also referenced allegations that Girardi directed Jayne to falsely accuse American Express of nearly $800,000 in credit card fraud, with charges against Psaila later dropped after evidence – photos of Jayne wearing the disputed costumes – was presented.
However, Judge Charlene Edwards Honeywell found the complaint deficient on two key grounds. First, it failed to adequately establish the court’s jurisdiction by omitting the citizenship of all Marcosquared, LLC members, a requirement under federal diversity jurisdiction rules. Second,the judge characterized the complaint as a ”shotgun pleading” – a legal term for filings that are overly broad,convoluted,and contain irrelevant allegations,hindering a reasonable response from the defendant.
Judge Honeywell’s order described the complaint as “replete with conclusory,vague,and immaterial facts not obviously connected to any particular cause of action,” and criticized it’s reliance on “tabloid headlines” rather then a clear legal claim.
the judge granted the plaintiffs 21 days to file an amended complaint addressing both the jurisdictional issues and the deficiencies in pleading. Failure to do so will result in the case being dismissed entirely.
Key Statements:
According to the plaintiffs’ original complaint, “Wilkes urged TG and EJ to separate and to devise a story that would protect EJ from financial ruin or even criminal prosecution if TG could not extract himself from the many lawsuits filed against TG.”
Judge Honeywell stated in her ruling, “Very few actual facts are pleaded regarding the defendant’s conduct as it relates to the claims of abuse of process and any harm allegedly suffered by these Plaintiffs as an inevitable result.”
Looking Ahead:
While the ruling doesn’t end the case, it places the onus on the plaintiffs to revise their complaint and meet federal pleading standards. If a revised complaint is filed, the court will review it to determine if it provides a legally sufficient basis to proceed with litigation regarding Wilkes’ alleged conduct during the fallout from Girardi’s bankruptcy.
