The male prisoner who accused Diddy of sexual assault at a Holiday Inn had his lawsuit thrown out of court this week after Jennifer Lopez was dragged into the drama, In Touch can exclusively report.
According to court documents obtained by In Touch, a federal judge in Michigan dismissed Derrick Lee Cardello-Smith’s case on Wednesday, January 22.
The judge ruled that the claims were barred by the statute of limitations. Derrick claimed Diddy, 55, assaulted him in 1997.
At the time, the law stated Derrick would have had three years to file claims. The recent order read, “[Derrick] filed this lawsuit in 2024, which is long after the applicable statute of limitations expired.”
Diddy
The judge said, “Accordingly, [Derrick’s] claim is barred by the applicable Michigan statute of limitations and must be dismissed with prejudice.” The “with prejudice” means Derrick cannot refile or bring the same claims against Diddy in the future.
Diddy’s request for sanctions, specifically an order prohibiting Derrick from filing future cases against him, was denied.
The judge noted, “The court cautions [Derrick] to refrain from duplicative, frivolous, or harassing filings, including the filing of additional lawsuits related to the allegations in this case or the filing of unnecessary papers on the dockets of cases that have been dismissed. Failure to heed this warning will result in significant pre-filing restrictions being placed on [Derrick].”
The judge also declined Diddy’s demand for monetary sanctions against Derrick but noted they could be awarded in the future based on Derrick’s actions.
Diddy Accuser
As In Touch previously reported, in his lawsuit, Derrick claimed he met Diddy while working as a bartender in Detroit, Michigan.
He said the mogul invited him to a sex party at a Holiday Inn.
Derrick claimed Diddy gave him a drink and told him that he had added “a little something” to it. In his suit, Derrick claimed he fell asleep and woke up to Diddy having relations with a woman.
Derrick alleged that Diddy looked at him and told him, “I did this to you too!”
Diddy
In his complaint, Derrick claimed Diddy and government officials worked to cover up crimes. Diddy denied all allegations of wrongdoing.
His lawyers slammed Derrick’s claims and pointed out that he had said the alleged assault took place in two different locations in two different lawsuits.
“Incredibly, in two different complaints filed in two different courts, [Derrick] alleges that this purported assault occurred in two different counties on the same day,” his lawyer said.
Diddy’s team also argued the lawsuit was brought years past the statute of limitations allowed. Diddy pleaded with the court to ban Derrick from filing new cases or motions against him.
His team said, “His frequent filings clearly indicate he has no intention of stopping his meritless attacks. As a result of [Derrick’s] harassment, [Diddy] has incurred significant legal fees and costs. [Derrick’s] barrage of meritless, fraudulent filings must come to an end.”
Diddy’s attorney added, “This is not [Derrick’s] first attempt at a shakedown — and unless this Court intervenes, it will not be his last. [Derrick] has a lengthy history of filing frivolous lawsuits in this District and beyond.”
As In Touch first reported, weeks before the judge dismissed the case, Derrick revealed he planned to call Diddy’s ex Jennifer, 55, as a witness in the case. He said he believed Jennifer had information relevant to his claims due to her dating Diddy a couple of years after the alleged incident.
“This man is a convicted felon and sexual predator who has been sentenced on 14 counts of sexual assault and kidnapping over the last 26 years. His resume now includes committing a fraud on the court from prison, as Mr. Combs has never heard of him let alone been served with any lawsuit,” Diddy’s lawyer previously said about Derrick’s claims.
Diddy has been behind bars since his September 16 arrest on charges of sex trafficking and racketeering. He pleaded not guilty to all charges.
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