Motion filed to dismiss D. Johnson's lawsuit

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Less than a week after Dustin Johnson filed a lawsuit in U.S. District Court against his former advisor, Nathan Hardwick, members of Hardwick’s former firm filed a motion on Monday to dismiss the suit.

Mark and Rod Wittstadt, who own and manage the Morris Firm, were part of Johnson’s original lawsuit which claims 17 counts of possible racketeering, wire fraud and negligence violations.

According to the motion, Johnson’s lawsuit is a “a tribute to creative fiction, it is a travesty to legal pleading.”

“While long on hyperbole and inflammatory accusations, the complaint is bereft of any facts showing the Wittstadts to be any more than victims of Hardwick’s alleged misconduct,” the motion read.

Johnson’s suit claims Hardwick, a partner with the Morris Firm who also served on the board of Johnson’s foundation, convinced him to loan the Morris Firm $3 million in early August.

On Aug. 27 Hardwick was accused of embezzling $30 million from the Morris Firm and Johnson demanded the repayment of the loan from the Wittstadts.

The suit claims Mark and Rod Wittstadt, “threatened to disclose private and confidential information about Johnson . . . should he commence a lawsuit to seek repayment of the money.”

According to the motion to dismiss, Johnson had no contact with the Wittstadts.

Judge Steve Jones, who ruled last week to partially seal the lawsuit because the original complaint had been improperly filed, allowed an amended version of the suit to be unsealed on Monday.