State Court of Fulton County

**E-FILED**
18EV003863
10/31/2018 4:51 PM
LeNora Ponzo, Clerk
Civil Division

IN THE STATE COURT OF FULTON COUNTY

STATE OF GEORGIA

DELICIA CORDON, )
)
Plaintiff, )
)
) CIVIL ACTION FILE
v. ) NO: 18 EV003863
)
LESEAN KAMEL MCCOY, )
TAMARCUS JEROD PORTER, & )
LKM TRUST, )
)
Defendants. )

DEFENDANT MCCOY’S MOTION TO STRIKE

PLAINTIFF’S AMENDED COMPLAINT

COMES NOW, Defendant LeSean McCoy (“McCoy”), who moves this Court to strike

various portions of Plaintiff’s Amended Complaint pursuant to O.C.G.A. § 9-11-12(f) because

they contain impertinent and scandalous matter, gratuitously added in order to defame McCoy

and cast him in a poor light and are entirely irrelevant to any issue raised by the Plaintiff’s claims

for relief, and shows the Court as follows:

I.

STATEMENT OF FACTS

On or about August 10, 2018, Plaintiff filed her initial Complaint against defendants,

including McCoy. The Complaint, prolix in its nature, appeared to attempt to assert three causes

of action, although they were not pleaded with any coherence and failed to state a claim. McCoy

filed a Motion to Dismiss and a Motion to Strike. In apparent response to McCoy’s Motion to

Dismiss, on October 2, 2018, Plaintiff filed an Amended and Recast Complaint. McCoy will

answer that Complaint, which fails to remedy the deficiencies that pervaded the original

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Complaint, and is contemporaneously filing a Motion to Dismiss. The Amended Complaint also

failed to remove the salacious irrelevant material that was the subject of McCoy’s initial Motion

to Strike. Indeed, rather than taming her allegations and focusing on the issues that are apparently

the subject of the Complaint’s request for damage, Plaintiff has, instead, doubled-down and added

yet more irrelevant, salacious allegations that serve absolutely no legitimate purpose other than to

harass McCoy. For that reason, McCoy is seeking an award of attorney’s fees to sanction the

Plaintiff and her counsel1 and to deter future illegitimate litigation tactics.

The Amended Complaint seeks damages for injuries that Plaintiff claims to have suffered

at 392 Hickory Pass, Milton, Georgia (¶ 1) on July 10, 2018 (¶ 14) and, to a limited extent, for

damages suffered by the removal of certain furniture that she claims to own on a prior occasion.

The physical injuries were alleged to have been inflicted by one or more home invaders who struck

her and stole jewelry from the house (¶ 35, 36, 38). This event, according to the Plaintiff, supports

her claims for Assault and Battery (Counts I, ¶¶ 43 – 48; Premises Liability (Count II, ¶¶ 49 - 53);

Theft and Damage to Personal Property (Count III, ¶¶ 54 – 57, referring to the furniture and

jewelry); Negligence (Count IV, ¶¶ 67) and Intentional Infliction of Emotional Distress (Count V,

¶¶ 68 – 72, referring to the furniture and jewelry).

Regardless of the claims that Plaintiff is attempting to assert, Plaintiff has included

extraneous and outrageous alleged facts that should be excised pursuant to O.C.G.A. § 9-11-12(f)

because they are clearly meant only to embarrass McCoy and impugn his character, or manufacture

publicity or for the purposes of self-promotion, contributing nothing to any appropriate claim.

Allegations that he “beat his son” or “beat his dog” bear no relationship whatsoever to the claims

that are raised in the prayer for relief or the counts of the Amended Complaint, which only seek

1
In her website, http://therealpitbullinaskirt.blogspot.com, Plaintiff’s counsel boasts that she has
trademarked her nickname: “Pitbull in a skirt.” McCoy is seeking, in essence to muzzle the
improper conduct of the Plaintiff and counsel and to put a leash on her improper litigation tactics.
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damages for conduct allegedly directed at the Plaintiff. These allegations are not only irrelevant

to the causes of action, but would also be inadmissible in any trial on the merit of the Complaint.2

Such allegations are in the nature of an abuse of the system and should be excised from the

Complaint.

II.

ARGUMENT AND CITATIONS OF AUTHORITY

Pursuant to O.C.G.A. § 9-11-12(f), this Court is authorized to strike “any insufficient

defense or any redundant, immaterial, impertinent, or scandalous matter.” The motion is timely

brought if it is filed within 30 days after service of the pleading.

O.C.G.A. § 9-11-12(f). “’To determine whether a matter is impertinent one must first

determine the scope of the issues in controversy, and then, under 12(f) determine whether the

matter injected in the pleadings is relevant or material thereto.’ 2A Moore's Federal Practice, pp.

2422, 2423.” Nw. Mut. Life Ins. Co. v. McGivern, 132 Ga. App. 297, 302 (1974). Matter in

pleadings should be stricken if it is clear that it can have no possible bearing upon the subject

matter of the litigation. Id. The United States Supreme Court has defined “impertinent” as “all

matter not material to the suit. Harrison v. Perea, 168 U.S. 311 (1897).

In the instant case, Plaintiff has included extraneous allegations that should be stricken as

impertinent, immaterial and scandalous. Specifically, the following should be stricken:

¶ 7: The relationship between Plaintiff and McCoy began with both parties in a perpetual state of
bliss. McCoy, who had been an acquaintance and friend of Plaintiff's for at least three (3) years
before June, 2016, finally made his feelings for Plaintiff known to her. While Plaintiff was on a
trip to Las Vegas in June, 2016, McCoy flew to Las Vegas and confessed his love for Plaintiff to
her in person. Plaintiff and McCoy, who had been friends for years, began their romantic
relationship immediately.

2
OCGA § 24-4-404(b) prohibits the introduction of any other acts of a person that are admitted
to demonstrate propensity or to establish the character of a person. OCGA § 24-4-403 would
also bar the admission of this evidence as being irrelevant and a waste of the court’s time.
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¶ 11: Around this time, McCoy and Plaintiff discussed living together, and McCoy promised to
buy Plaintiff a home. Plaintiff began looking for a home during the 2016 NFL season.

¶ 16: Plaintiff's fairytale relationship with McCoy did not last long. During the offseason following
the 2016 NFL season, Plaintiff began to notice some disturbing behavior exhibited by McCoy.
First, Defendant McCoy became physically abusive to Plaintiff. McCoy is extremely strong and
was heavy-handed. He would often grab Plaintiff in a manner that was painful and would leave
Plaintiffs skin reddened. McCoy did not care who was around when he would become enraged.
McCoy once physically kicked Plaintiff out of the bed. To make up for his behavior, McCoy would
often apologize and even buy Plaintiff's gifts. Because she truly loved McCoy, and she believed
that he truly loved her, Plaintiff sought to make their relationship work despite the fact that McCoy
was physically abusive to her. Further, Plaintiff did not want to cause hurt or damage to McCoy's
reputation as a professional football player, and she never revealed the alarming realities of being
in a relationship with McCoy before filing the instant litigation.

¶ 17: The offseason following the 2016 NFL season was also turbulent because McCoy would
constantly allow Porter and McCoy's other male friends to come and go into the Residence,
unannounced and without Plaintiff's knowledge or consent. Porter even began to sporadically
occupy the bedroom directly above the master bedroom in the Residence. Plaintiff has a young
daughter and a minor son, and Plaintiff was very uncomfortable with the various men coming in
and out of the Residence without notice. However, Plaintiff tolerated this atmosphere during the
NFL offseason for the sake of maintaining stability and continuity in the lives of her children.

¶ 18: Then, McCoy's behavior became even more erratic during that 2016 NFL offseason as he
would exhibit rage and often brutally beat his dog in the presence of the Plaintiff and her friends.
McCoy did not care who was present when he beat his dog. On one occasion, McCoy beat his dog
so badly, upon Plaintiff's belief, the dog's ribs had broken. Whenever Plaintiff expressed concern
about McCoy beating his dog, he would turn his anger against the Plaintiff, often grabbing Plaintiff
and hurting her. The parties had numerous arguments over how McCoy beat his dog. When the
parties argued, McCoy would demand the return of jewelry that he had given to Plaintiff for her
birthday. Thereafter, Plaintiff began to keep the majority of her jewelry in her safe deposit box, or
at one of her friend's homes to avoid McCoy attempting to take the jewelry back when she was
either sleeping or not at home. Despite the turbulence of this relationship, Plaintiff never reported
McCoy's violent behavior to any authorities because she, nonetheless, loved McCoy and wanted
to maintain her relationship with him. As stated hereinabove, Plaintiff did not want to cause hurt
or damage to McCoy's reputation as a professional football player despite the fact that the home
that she shared with McCoy, even if during the NFL off-seasons, was becoming increasingly
volatile and violent.

¶ 19: McCoy is the father to a young son who visited the Residence in Atlanta during the NFL off-
seasons. McCoy would aggressively and physically beat his young son over minor mistakes that
all young children make. When Plaintiff questioned McCoy about beating his son, he would yell
and scream at Plaintiff for commenting on how he should raise his son. Even though McCoy's son
was of tender years, McCoy would try to make the young boy "man up," and McCoy would
become enraged if his son cried. What McCoy called a "spanking", Plaintiff would call a "beating."
On one occasion, McCoy put his son in the comer for "timeout" and when his son fell asleep in
the comer, McCoy beat the child for falling asleep. Plaintiff vehemently disagreed with how
McCoy physically disciplined his son, and the parties argued about it often. McCoy would demand
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that Plaintiff return the jewelry gifts that he gave her upon said arguments. McCoy would beat his
son in the presence of Plaintiffs children. Plaintiff has seen numerous welts and bruises on
McCoy's son, but never reported it to the police or to the Department of Family and Children's
Services because she was unaware of any conversations or agreements between McCoy and the
child's mother regarding corporal punishment.

¶ 20: Plaintiff thought she could help change McCoy's violent and aggressive behavior, and he
actually seemed to gradually change his disciplinary tactics regarding his son. However, Plaintiff
realized that McCoy only changed his physical abuse towards his son temporarily as he was
approaching court proceedings with his son's mother. During one such period, McCoy even had
Plaintiff accompany him to a court hearing with his son's mother in Harrisburg, PA. Although
Plaintiff did not testify for McCoy at that hearing, Plaintiff was present in the courtroom as McCoy
told the Dauphin County, PA judge at the hearing what a great father he was to his son, and how
great of a mother the Plaintiff is to her two children. McCoy further told the judge that Plaintiff
treated his son very well. McCoy denied that he had ever physically abused his son, but both his
son's mother and Plaintiff knew that claim was untrue. On more than one occasion, McCoy has
sent his son back to his mother after a visitation period with bruises, which the boy's mother has
confirmed (See Affidavit of Stephanie Maisonet, attached hereto as Exhibit "A" and incorporated
herein by this reference.) McCoy presents very well publicly, and the hearing was successful for
McCoy despite the fact that he lied about physically abusing his son. Plaintiff does not deny that
McCoy would treat his son very good on occasion, and McCoy would even treat Plaintiff's children
well at times. However, when McCoy became enraged about even the smallest thing, he would
unreasonably strike his son.

¶ 22: McCoy did not reside at the Residence during most of the 2017 NFL season, and there were
no incidents between the parties during that time. However, by the summer of 2017, Plaintiff and
McCoy would argue again over McCoy beating his dog and beating his son frequently, as well as
other issues.

¶ 23: During the 2017 NFL offseason, McCoy returned to the Residence with Plaintiff and her
children. Their relationship seemed back on track (See, Instagram post of Plaintiff and McCoy
from February, 2018, attached hereto as Exhibit "B" and incorporated herein by this reference),
but that was short lived. The parties broke up again in April, 2018; however, they got back together
shortly thereafter (See, Instagram post of Plaintiff and McCoy from May 20, 2018, attached hereto
as Exhibit "C" and incorporated herein by this reference). By May, 2018, the parties were even
discussing the possibility of becoming engaged, and they further discussed a possible engagement
in depth on Memorial Day, May 28, 2018. Even further, on May 29, 2018, McCoy gave Plaintiff
a substantial financial gift.

¶ 25: The last direct communication that Plaintiff had from McCoy was in the early morning hours
of June 1, 2018 via text message. Plaintiff expressed her excitement about spending the summer
with McCoy. He responded with what appeared to be an innocuous message stating that Plaintiff
"already started" so he will "finish it" before then texting her saying, "we gon kill it" at 12:23 a.m.
on June 1, 2018, followed by "love u" at 12:35 a.m. to which Plaintiff responded, "Love you more
bae!!" at 12:58 a.m. (See, text messages attached hereto as Exhibit "D" and incorporated herein by
this reference.) McCoy even inquired about the location of the graduation on that day, claiming
that he was going to join Plaintiff there (See, Exhibit "D ").

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 III.
CONCLUSION

For the reasons stated above, this Court should strike the aforementioned portions of

Plaintiff’s Amended Complaint as the same are unnecessary to claims Plaintiff could possibly be

attempting to make and are redundant, immaterial, impertinent and scandalous matters.

Respectfully submitted this 31st day of October, 2018.

GARLAND, SAMUEL & LOEB, P.C.

/s/ Donald F. Samuel

Donald F. Samuel

/s/ Robin N. Loeb

Robin N. Loeb

/s/ Amanda Clark Palmer

Amanda Clark Palmer

Attorneys for Defendant LeSean McCoy

3151 Maple Drive, N.E.

Atlanta, Georgia 30305
Tel. 404-262-2225
Fax: 404-365-5041
dfs@gsllaw.com
rnl@gsllaw.com
aclark@gsllaw.com

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 CERTIFICATE OF SERVICE

I certify that I have this date served a copy of the DEFENDANT MCCOY’S MOTION TO

STRIKE upon the following counsel, by filing it with Odyssey E-file Georgia, which will deliver

electronic notification of same to the following:

Tanya Mitchell Graham, Esq.

3212 Northlake Parkway, N.E.
Box 450929
Atlanta, GA 31145

Counsel for Plaintiff

This 31st day of October, 2018.

/s/ Donald F. Samuel

Donald F. Samuel

/s/ Robin N. Loeb

Robin N. Loeb

/s/ Amanda Clark Palmer

Amanda Clark Palmer