Rose McGowan's Lawsuit Against Harvey Weinstein Dismissed After She Again Misses Deadlines

A federal judge threw out Rose McGowan's lawsuit that alleged racketeering charges against Harvey Weinstein after she missed a Dec. 3 filing deadline.

In October 2019, McGowan filed the lawsuit against Weinstein and two of his former lawyers, saying they conspired to smear her name and negatively impact her career in 2017 before the #MeToo movement McGowan was a key part of where women, particularly in the entertainment industry, made public accusations of sexual misconduct against men like Weinstein.

Last December, Wright dismissed nine of the 11 claims in the suit, as some were past the two-year statute of limitations, according to Variety. He also ruled that the alleged plan by Weinstein's lawyers to manipulate McGowan into giving someone working for them a pre-release copy of her book, which included the accusation against Weinstein, did not amount to racketeering.

The judge allowed her to amend and refile the two remaining fraud charges because McGowan said the actions alleged in the charges had a severely negative impact on her career and reputation. He set a Nov. 2021 deadline.

Before that deadline, McGowan reportedly fired her attorneys and Wright extended the refiling deadline to Dec. 3, allowing her to act as her attorney.

After missing the deadline, Wright made the decision Monday to dismiss the suit "with prejudice," which means the federal charges can not be refiled.

Rose McGowan, Harvey Weinstein, Dismissed Lawsuit
Actress Rose McGowan speaks to the press while Rosanna Arquette, Sarah Ann Masse and Lauren Sivan listen as Harvey Weinstein arrived at the Manhattan courthouse on January 6, 2020 in New York City. Monday, a federal judge dismissed McGowan's lawsuit against Weinstein and two of his lawyers due to missed filing deadlines. Pablo Monsalve/VIEWpress via Getty Images

Weinstein Spokesman Juda S. Engelmayer said in an email Tuesday that "out of the public glare, with proper time, legal work, evidence and facts, this is the way we believe these suits will ultimately all go. A chapter is put behind as Mr. Weinstein keeps going forward to demonstrate the truth."

A representative for McGowan who could comment could not immediately be found. She has not commented on the dismissal on social media.

The Associated Press does not typically name people who say they were victims of sexual abuse, unless they come forward publicly as McGowan repeatedly has.

In a different Los Angeles courtroom on Tuesday, a judge rejected a motion from Weinstein's attorneys to dismiss a criminal indictment of Weinstein for 11 counts of sexual assault. Weinstein's lawyers had argued that an expert in "rape trauma syndrome" was improperly used by prosecutors in grand jury testimony.

Weinstein has pleaded not guilty to four counts of rape and seven other sexual assault counts. He is awaiting trial. No date has been set.

The 69-year-old former movie mogul is serving a 23-year prison sentence after convictions of rape and sexual assault in New York.

The Associated Press contributed to this report.

Rose McGowan, Harvey Weinstein, Dismissed Lawsuit
Former film producer Harvey Weinstein listens in court during a pre-trial hearing. He was extradited from New York to Los Angeles to face sex-related charges at Clara Shortridge Foltz Criminal Justice Center on July 29, 2021 in Los Angeles, California. Monday, a federal judge dismissed a separate lawsuit from actress Rose McGowan against Weinstein after she fired her attorneys and missed filing deadlines. Etienne Laurent-Pool/Getty Images