Gawker filed a new motion to dismiss in Hulk Hogan’s lawsuit against them this week, that much we know. Thanks to the case’s rules governing confidentiality, though, the motion was filed under seal. What we can glean for now comes from another motion filed simultaneously: Gawker’s “motion to determine confidentiality of motion to dismiss on grounds of fraud on the court.” This is the entirety of what Gawker has to say about the motion to dismiss in the motion to determine confidentiality (emphasis mine):
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Concurrent with this motion, Gawker is filing its Motion to Dismiss, and the Exhibits attached thereto. The Motion to Dismiss argues that plaintiff Terry Bollea has engaged in a systematic fraud on the Court to conceal the existence of additional sex tapes depicting him having sex with Heather Clem, including one that shows him making racist statements. As explained in the Motion to Dismiss, the effect of plaintiffs fraud was to cover up key evidence on many core issues relating to liability, credibility, and damages. In particular, plaintiffs year long fraud suppressed evidence of the existence of an alternative and intervening cause for Bollea’s alleged distress following Gawker’s publication of brief, grainy excerpts from one tape, and an alternative explanation for why the tapes depicting him and Ms. Clem had value and what that value actually is. The full extent of plaintiffs fraud only became clear on November 30 and December 2, 2015, when the FBI produced hundreds of unredacted records to Gawker’s counsel.
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