Levin Papantonio Rafferty 

Motion to Dismiss

Fort Myers Senior Partner Patrick Boland, Esq.,  prevailed on Motion to Dismiss in a Federal Sex Trafficking matter styled Plaintiff v. Tampa Bay Hotels LLC dba Comfort Suites, et al. Our client was sued by an alleged victim of sex trafficking under the Trafficking Victims Protections Reauthorization Act (“TVPRA”). Plaintiff alleged that our client, along with several other major hotel brands and franchises, knowingly received financial benefit from a sex trafficking scheme, in violation of the TVPRA. Our client consistently maintained that it was simply in the business of renting hotel rooms to patrons, had no reason to believe that any sex trafficking was occurring and did not knowingly participate in a sex trafficking venture, as those terms are intended in the TVPRA. Prior to reaching a decision on the merits of Plaintiff’s claims, we obtained a dismissal of our client from the Federal Court presiding over the action. Our Motion to Dismiss was based upon the fact that Plaintiff’s Complaint constituted a shotgun pleading, and improperly joined several Defendants in what appeared to be factually distinct claims. We also argued that Plaintiff’s Complaint contained a myriad of impertinent, irrelevant and salacious allegations, which should be stricken. Ultimately, the Federal Court agreed with our arguments and dismissed the Plaintiff’s Complaint, without the need for further extensive investigation and litigation.