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Ashley Morgan Smithline Case is Officially Dismissed

Posted on January 5, 2023January 5, 2023 by Kelly

It’s official — the Ashley Morgan Smithline case is dismissed following a somewhat dramatic end.

As background, Ashley Morgan Smithline joined actress Evan Rachel Wood and others in naming Manson as an abuser on Feb. 1, 2021 when they took to Instagram. She later appeared on The View with her then attorney Jay Ellwanger to discuss a lawsuit she was filing that when read features a lot of the claims featured in the ‘checklist’ Illma Gore developed on an iPad that is in the hands of Manson’s legal team. They allege the checklist was presented to women to help them craft their messaging as part of a hoax.

You can learn more on that by reading Manson’s lawsuit – here!

Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed

Ashley Morgan Smithline Case Dismissed

But back to Smithline! Since being filed in June 2021, the case has been creeping along at a snail pace.

The breakdown of her case began in April 2022 when her relationship with her attorney Jay Ellwanger started to crumble. But this didn’t become apparent to the court until August.

Smithline is one of multiple accusers who appeared in the documentary Phoenix Rising and has a connection with other women who have made accusations – including Evan Rachel Wood and Esme Bianco. Because of the connection between them, she was subpoenaed to sit for a deposition within the Bianco lawsuit and this deposition was planned for August 11th.

Except her deposition didn’t go as planned.

Jay Ellwanger reached out to Manson’s team in advance to inform them that she was receiving emergency ‘psychiatric’ treatment and the video deposition would need to be rescheduled. They complied out of professional courtesy and basic human decency but it’s a story that she says is a lie.

We from there moved into a situation where Ashley Morgan Smithline was connecting with Manson’s team to refute what Ellwanger was telling them and that she’d actually fired him months before. To back up this story, she provided screenshots of messages with the two discussing as much in April 2022 as well as in August 2022 with her asserting that he was lying that she was in a psychiatric facility when she was not.

Ellwanger ultimately motioned to withdraw from the case and was granted this request after at Sept. 29, 2022 hearing. On Oct. 5, the court imposed a 60-day stay for Ashley to identify new representation or prepare to represent herself. A deadline was set for Dec. 5 with the judge expanding that the case could be dismissed without prejudice if that deadline was not met by Smithline.

MISSING THE DEADLINE

Not too surprisingly the deadline came and the deadline went with no update. There were already signs that Smithline was showing doubts about taking further action against Manson but the Ellwanger situation must have been a final straw as there was no update from Ashley to the court by Dec. 5.

Following no action for a week, Manson’s legal team next filed a motion for the court to dismiss the case and a hearing was scheduled for January 13, 2023 to discuss. The judge ended up canceling that hearing and released an order on January 3 marking the official dismissal of the case.

Manson’s lead attorney Howard E. King made a statement to the DailyMail that reads:

“We thank and commend Ashley Smithline for dismissing her claims against Brian Warner without seeking or receiving anything in return. We wish her well and will continue to work to assure that a significant price will be paid by those who have tried to abuse the legal system.”


WALKING THROUGH THE FALLOUT OF THE JAY ELLWANGER X ASHLEY MORGAN SMITHLINE RELATIONSHIP ENDING AHEAD OF THE CASE BEING DISMISSED

Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed
In April 2022, Smithline messages Jay Ellwanger terminating him as her attorney. He tries to change her mind.
Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed
Smithline reiterates that she’s terminating him.
Justice for Marilyn Manson I Jay Ellwanger emailing Howard E King about Ashley Morgan Smithline deposition
July 1, 2022 — After receiving calls for several weeks from Ashley Morgan Smithline saying that she had terminated Jay Ellwanger as her attorney, Manson’s attorney Howard E. King reaches out to him to verify if she is her lawyer ahead of scheduling a deposition in the Esme Bianco case.
Justice for Marilyn Manson
August 16th, Ellwanger requested a phone call to reschedule the Smithline deposition — Manson attorney Jackson Trugman wrote a recap email of their discussion.
Justice for Marilyn Manson I Jay Ellwanger emailing Howard E King about Ashley Morgan Smithline deposition
On Aug. 25, Ellwanger writes that he intends to withdraw as her attorney.
Justice for Marilyn Manson I Jay Ellwanger emailing Howard E King about Ashley Morgan Smithline deposition
On Aug. 29 – after previously canceling an Aug. 11, 2022 deposition of Smithline in the Bianco case, Ellwanger writes Manson’s lead attorney Howard E. King describing an intent to withdraw as her attorney. This notice came the day before her rescheduled deposition.
Justice for Marilyn Manson
Ashley Smithline discussing of the Ellwanger situation in August 2022 on Instagram with a third-party.
Justice for Marilyn Manson I Jay Ellwanger emailing Howard E King about Ashley Morgan Smithline deposition
Following another call from Smithline, Manson attorney Howard E. King reaches out to Jay Ellwanger on Aug. 30 alerting him that Smithline claims he was fired back in April.
Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed
DMs Ashley Morgan Smithline provided Manson’s team in August of her messaging Jay Ellwanger and explaining she was not in psychiatric hospital.
Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed
Ashley Smithline DMing Jay Ellwanger to stop lying.
Justice for Marilyn Manson I Before the Ashley Morgan Smithline case dismissed, she tells Manson's attorney Jay Ellwanger is a "Me Too" lawyer
When discussing the situation over email on Aug. 30, Ashley Morgan Smithline confirms Jay Ellwanger is not her attorney while saying he’s a Me Too lawyer who does not know how to take the word no.
Justice for Marilyn Manson I Jay Ellwanger Dismissed as Ashley Morgan Smithline Attorney
Oct. 5, the court withdraws Jay Ellwanger from her case and grants Ashley Morgan Smithline 60 days to line up new representation or potentially have her lawsuit dismissed.
Marilyn Manson motion to dismiss Ashley Morgan Smithline case
Dec. 12, Manson’s legal team filed a motion for the Smithline case to be dismissed followed no update from her.
Justice for Marilyn Manson I Ashley Morgan Smithline Case Dismissed on Jan. 3, 2023.
On Jan. 3., 2023, the judge dismissed Ashley Morgan Smithline’s lawsuit.
Justice for Marilyn Manson I Howard E. King Ashley Morgan Smithline case dismissed statement
Jan. 4 statement from Manson’s lead attorney Howard E. King wishing Ashley Morgan Smithline Well.
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