Following motion to dismiss Marriott case in Texas court, Michael Irvin set to re-file in Arizona
After filing for a dismissal in his $100 defamation lawsuit against Marriott and his harassment accuser on Monday, former Dallas Cowboys receiving legend Michael Irvin and his lawyer are reportedly re-filing the case in Arizona.
The initial lawsuit was filed in Collin County, Texas, but the February incident occurred in Phoenix.
Irvin’s attorney Levi McCathern filed a notice of dismissal in US District Court on Monday, according to court records. TMZSports is now reporting that the dismissal was preempting a re-filing in Arizona.
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The decision by the embroiled NFL Network analyst and his legal rep comes just days after a motion filed by Marriott on Friday revealed the extent of the accusations against him. He was also finally able to obtain copies of surveillance video that showed the incident in question.
Irvin’s attorney, Levi McCathern, will hold a news conference regarding the changes in the case later Tuesday. At the press conference, he will reportedly show the surveillance footage from the lobby of the Renaissance Hotel that Marriott had fought in court to keep from the public.
Marriott motion reveals female accuser’s story
In the motion filed Friday, the Marriott representatives laid out what the female employee told her superiors about the encounter with Irvin before the NFL Network analyst was removed from his room and, subsequently, Super Bowl week coverage.
Irvin allegedly “flagged down” the woman, told her he found her attractive and shook her hand. The handshake was one of four physical touches the former wideout’s lawyer described in a press conference on Wednesday after he viewed the footage.
“Irvin also reached out and touched the Victim’s arm during this conversation without her consent, causing her to step back, becoming visibly uncomfortable,” Marriott attorney Nathan Chapman wrote in the motion, acquired by DMN. “Irvin then asked the Victim whether she knew anything about having a ‘big Black man inside of [her].’ Taken aback by Irvin’s comments, the Victim responded that his comments were inappropriate, and she did not wish to discuss it further.
“Irvin then attempted to grab the Victim’s hand again and said he was ‘sorry if he brought up bad memories’ for her.’ The Victim pulled her hand away and tried to back away from Irvin as he continued to move towards her.”
Lewd comments lead to complaint from female employee
After the female employee returned to her work, Irvin allegedly continued making inappropriate comments.
“He said aloud, ‘She bad,’ ‘She bad,’ ‘I want to hit that,’ and slapped himself in the face three times, saying, ‘Keep it together, Mike,’” Marriott wrote in the document.
The staffer reported Irvin’s comments to her manager “as soon as she arrived at work the next day.” Coincidentally, the NFL had asked the hotel to share any reports of bad behavior from the employees staying there the day prior to the incident.
Two witnesses from the scene told reporters at the press conference on Wednesday that the interaction between Irvin and the employee ended amicably with a handshake and laughter. However, the employee’s account provided a different interpretation of their final goodbye.
“Seeing that other Hotel employees were in the area and wanting the interaction to end, the Victim returned Irvin’s handshake,” Marriott said. “Irvin then stated that he would come back to find her sometime that week when she was working.”