Hodges v. McGough Enterprises LLC
7:23-cv-05016
S.D.N.Y.Jun 4, 2025Background
- Jamie Hodges (plaintiff/counter-defendant) sued McGough Enterprises, LLC and Meagan McGough (defendants/counter-plaintiffs) alleging violations of New York Human Rights Law, assault, and related claims.
- Meagan McGough, in response, filed counterclaims alleging intentional and negligent infliction of emotional distress, defamation, abuse of process, and violations of New York Civil Rights Law.
- McGough alleges Hodges threatened to expose their affair, extorted money, and threatened to release intimate images to coerce her into leaving her husband.
- McGough further alleges Hodges published false statements about her in public forums, causing reputational and professional harm.
- At this stage, the court reviews Hodges’s motion to dismiss McGough’s counterclaims under the Rule 12(b)(6) pleading standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intentional Infliction of Emotional Distress | Acts alleged are not extreme or outrageous | Alleged conduct meets high threshold for claim | Motion to dismiss denied; claim plausibly alleged |
| Negligent Infliction of Emotional Distress | Claim duplicative of intentional infliction | Claim has distinct basis | Dismissed without prejudice as duplicative |
| Defamation | No defamatory statement or injury alleged | Public false allegations published, harmed reputation | Motion to dismiss denied; claim plausibly alleged |
| NY Civil Rights Law § 52-B Violation | No dissemination or threat of intimate images | Threatened to disseminate private, intimate images | Motion to dismiss denied; claim plausibly alleged |
| Abuse of Process | Initiation of lawsuit is abuse of process | Mere filing of suit not process capable of abuse | Dismissed without prejudice; not properly pled |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (clarifies pleading standard under Rule 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (establishes plausibility pleading requirement under Rule 8)
- Williams v. Williams, 23 N.Y.2d 592 (1969) (mere filing of a lawsuit does not constitute abuse of process)
- Rothman v. Gregor, 220 F.3d 81 (2d Cir. 2000) (complaints include attached and incorporated materials)