Photo: Myrtle Beach Police Department image (top left)
Horry County Solicitor’s Office image (top right)
Atlantica Resort room image (bottom)
A previous, multi-part series of articles was published on this website with results of a more than 18-month long investigation by Talk Williamsport.com.
This story is graphic and contains details related to multiple indecent sexual assaults.
The author and editor of this story have made the editorial decision to not publish the names of the individuals under the age of 18 at the time of the incident who have been clearly identified as committing these acts in this case; even though they have been formally charged with a crime in South Carolina.
A Baseball Story In The Birthplace Of Little League Baseball
IF NOTHING HAPPENED IN MYRTLE BEACH
WHY WON’T THE WASD TELL US THE STORY?
THE 2018 WAHS BASEBALL MYRTLE BEACH STORY –
“IT IS HEREBY ORDERED that Defendants Williamsport Area School District
and Lycoming County’s Motions to Dismiss Plaintiff’s Amended Complaint
(Docs. 74 and 75) are DENIED as moot.”
By Todd Bartley, Talk Williamsport
News@talkwilliamsport.com
The following article is the eighteenth in a series based upon the developments which now include the recent Second Amended Complaint filed in Federal Court by the attorneys for John Doe #1; who was indecently sexually assaulted during the Williamsport Area High School Baseball Team trip in Myrtle Beach, South Carolina in the spring of 2018.
In response to the First Amended Complaint filed by the Plaintiff on Thursday, May 11, 2023; Attorneys for Defendants Williamsport Area School District and Lycoming County filed “Motions to Dismiss Plaintiff’s Amended Complaint”.
Plaintiff’s attorneys in turn prepared and timely filed a Second Amended Complaint providing according the ORDER from Judge Brann;
“providing the blueprint for the future course of the lawsuit.”
On background, this past week New Mexico State University settled a similar lawsuit with several former men’s basketball players who claimed to be victims of hazing and sexual assaults by teammates.
In the NMSU case, there has been no published reporting of any of the hazing or sexual assaults being captured on video or shared to social media unlike the 2018 WAHS/Myrtle Beach baseball case referenced in this story.
From the NBCSports.com article on the NMSU settlement; “Deuce Benjamin and his father, William, who was a co-defendant, will receive $4.125 million, while the other plaintiff, Shak Odunewu, will receive $3.875 million, according to the terms on the state’s open-records website.
Benjamin’s attorney told The Associated Press the settlement was made in part to keep the players from having to relive their experience over what could have been a years-long legal process.
“To New Mexico State’s credit, they took the lawsuit very seriously,” Joleen Youngers said. “They obviously recognized that our clients had been harmed.”
The unredacted ORDER of Denial Time Extension issued by Chief United States District Judge Matthew Brann on June 27, 2023, is listed below.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN DOE, Plaintiff,
v.
WILLIAMSPORT AREA SCHOOL DISTRICT, LYCOMING COUNTY, and JOHN and JANE
DOEs #1-#20 (fictitious names), whose true identities are currently unknown to Plaintiffs,
Defendants.
No. 4:22-CV-01387
(Chief Judge Brann)
JUNE 27, 2023
AND NOW, upon consideration of Defendants Williamsport Area School District and Lycoming County’s Motions to Dismiss Plaintiff’s Amended Complaint (Docs. 74 and 75) and Plaintiff having subsequently filed a Second Amended Complaint (Doc. 92), and the Court noting that an amended pleading supersedes the original “in providing the blueprint for the future course of the lawsuit,” Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002); see also 6 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 1476 (3d ed. 2015), and the Court thus finding that the amended complaint renders the original complaint a nullity.
IT IS HEREBY ORDERED that Defendants Williamsport Area School District and Lycoming County’s Motions to Dismiss Plaintiff’s Amended Complaint (Docs. 74 and 75) are DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff’s motion for extension of time (Doc. 88) and Plaintiff’s Motion to exceed page limitation (Doc. 89) are DENIED as moot.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
Multiple stories on the full Second Amended Complaint filed by JOHN DOE #1 will be forthcoming.
This is a developing story on Talkwilliamsport.com.
