Hinton et al. v. The Greatest Bar, LLC et al. (D. Mass. 20-cv-11232).

A number of models, including Jessica Hinton, filed suit in June 2020, asserting that Boston’s The Greatest Bar of misusing photographs of the models in promotional material for the bar. When more than 90 days passed without the complaint being served, an Order to Show Cause was issued, with the attendant threat of dismissal. The plaintiffs responded by noting that they had discovered that the bar had been sold years before to The Next Place, LLC and its owner William Fairweather. An amended complaint was filed naming these entities as the defendants (although still naming the previous owner, who was subsequently dismissed, and the now-dissolved The Greatest Bar, LLC). Judge Talwani denied the defendants’ motion for a more definite statement. The defendants asserted that the complaint fails to identify the time period the photographs were allegedly used, preventing them from determining whether a statute of limitations defense might exist. Judge Talwani, noting that such motions are disfavored in light of the availability of discovery, found that the complaint gave ample notice of the claims against the defendants, and that the plaintiffs have no affirmative duty to plead facts necessary to defeat affirmative defenses such as the statute of limitations.