The plastic surgeon who posted a picture of 50 Cent on social media from her practice, where men go to have their penises enlarged, is now asking for the lawsuit to be dismissed.
Angela Kogan and her Perfection Plastic Surgery & Medical Spa have filed a “Motion to Dismiss” with the United States District Court in the Southern District of Florida, asking for rapper 50 Cent, whose real name is Curtis Jackson, to drop his lawsuit against her.
According to the latest motion, 50 can’t prove any of the six counts he leveled against Kogan. It also doubles down on her claim he didn’t just “stumble” into her business.
“It is clear from the Photo itself that the taking thereof was not a random happenstance or unsolicited occasion. The content of the Photo shows [50 Cent] in [Kogan’s’] office, next to [Kogan] in her role as a businesswoman/aesthetician (i.e. in professional attire),” the document reads.
It continues, “Thus, it is disingenuous.. to claim or allege that [50 Cent] – who wishes for the Court to believe randomly stumbled into a medspa without purpose or specific intent – agreed to take the Photo under the ‘sole impression that [Kogan] was a fan seeking the photograph for her private and personal enjoyment.’”
“The Photo is not representative of [50 Cent] running into a random fan in the middle of the street; rather, it specifically highlights [50 Cent] in a specific situation, for a specific purpose, in exchange of a specific transaction,” Kogan’s lawyer fumed.
Kogan claims that 50 was indeed her client, and in exchange for her service, he “agreed to take the Photo and allow it to be shared by Defendants on Defendants’ social media profiles.”
Kogan’s lawyers concede that she never “stated or implied that Plaintiff received plastic surgery services or penile enhancement surgery.”
When talking about the post, the motion says, “Neither the Photo itself, nor the caption thereof, purports to show the use of the Photo in direct promotion with any commercial product or service (i.e. offered medspa treatments, products, endorsement of plastic surgery services, endorsement of penile enhancement services, etc.). Rather, the Photo is an innocuous capture of [50 Cent] and [Kogan] in [Kogans’] office, with [50 Cent’s] inclusion of a sentence containing pure puffery.”
The spa owner calls this a “value in exchange.”
This story is developing.