Saturday, October 1, 2022

RHOBH star Diana Jenkins is asking the judge to help locate “crucial” information for the lawsuit

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Diana Jenkins is asking a judge to speed up proceedings as she seeks to “debunk” the “fake Instagram accounts” used to send racist messages to her Real Housewives of Beverly Hills co-star’s teenage son to send. Jenkins is trying to clear her name after “RHOBH” fans accused her of paying for bots to molest Garcelle Beauvais’ son as part of an ongoing feud between the two.

The Bravo reality TV star filed a lawsuit against whoever was responsible for broadcasting the messages in September 2022. However, their lawyers admit in court filings that they do not have the identities of the defendants in the case. In a filing filed on Sept. 16, 2022, a judge was asked to expedite exposure in the case so Jenkins’ attorneys can figure out who is behind the “bot” accounts, court documents obtained by Heavy show.

Jenkins filed the lawsuit in Los Angeles County Court on September 8. A hearing was scheduled for October 27 for her attorneys to plead for permission to use the investigation to try to “unmask” the accused. But they call for the hearing to be held the week of September 19 or earlier than October 27 in the new file.

“This case involves egregious behavior: using fake Instagram accounts to send racist and bullying messages to a 14-year-old child, designed in a way that led people to conclude and conclude that plaintiff Sanela Jenkins aka Diana Jenkins was responsible,” Jenkins said. Attorneys — Kristina Enns, Lily North, Erik Connolly and Christopher Letkewicz of the law firm of Benesch, Friedlander, Coplan & Aronoff LLP — wrote. “Up until now, the perpetrator has remained anonymous and so Ms. Jenkins has sued him/her as ‘John Doe’ (‘defendant’). But Ms. Jenkins is trying to expose him/her.”

The attorneys added, “Ms. Jenkins is seeking permission to immediately serve a targeted and limited third-party investigation so that she can determine the true identity of the defendant and serve the subpoena to bring him or her to this case.”

Jenkins’ attorneys wrote in the new filing: “This motion is being made on the basis that Ms. Jenkins does not know the identity of the anonymous defendant and that you are not permitted to conduct a close and limited nonpartisan investigation to identify the defendant, Ms , to identify. Jenkins cannot serve the subpoena. Ms. Jenkins has filed a license application to seek the requested discovery, but the first available hearing date is not until October 27, 2022.

They added: “Therefore, Ms. Jenkins is bringing this ex parte motion to bring forward the hearing date on her application so that she can begin serving the discovery needed to identify the defendant immediately, rather than more than a month on what is currently known.” given date to wait for the movement.”

The request states that they were unable to identify the person or persons behind the accounts through their own investigations. “The discovery Ms. Jenkins is seeking is critical to her ability to identify the defendant and name him or her in this court proceeding. Each passing day may affect Ms. Jenkins’ ability to uncover the identity of the defendant and unnecessarily delays Ms. Jenkins’ efforts to bring the perpetrator of this plan to justice,” the attorneys wrote in the filing.

According to the filing, Jenkins’ attorneys conducted “a thorough investigation and investigation” to try to identify the defendant or defendants. The Instagram accounts appear to be unconnected to real people and have false names and photos, according to the lawsuit.

“Despite this careful and concerted investigation, the defendant’s identity remains in the shadows, protected by fake public-facing Instagram profiles. With a subpoena, Ms. Jenkins can obtain non-public information to expose the accused. This information may include the real name of the person who created the Instagram accounts, their email address and/or the IP addresses they used when creating the accounts and sending the harassing messages,” theirs wrote Lawyers.

According to the motion, “To the extent that this deception has multiple layers — such as using a false name or contact information to create the fake Instagram accounts — additional subpoenas may be required. As such, Ms. Jenkins needs to conduct a bespoke third-party investigation to uncover the true identity of the defendant and has filed the underlying motion to do just that.”

The motion adds: “Ms. Jenkins brings this request so that she can immediately begin conducting the investigation needed to learn the identity of the defendant. Until the identity of the defendants is revealed, they cannot serve the subpoena or otherwise begin the prosecution of this lawsuit. …the postponement of the hearing on the application until the earliest possible regular hearing date, more than a month away in late October, may significantly impact Ms. Jenkins’ ability to make much-needed discoveries.”

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