By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, May 25 – Anthony Rapp's lawsuit against Kevin Spacey was removed to Federal court in November 2020, and an anonymous co-plaintiff C.D. was added.
Spacey wanted to make C.D.'s name public, to order to conduct discovery, he says. C.D.'s lawyers opposed it, letter on Patreon here.
On February 2 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan held a proceeding. Inner City Press live tweeted it, here and below.
On May 3, Judge Kaplan denied C.D.'s motion. Ten days later on May 13, C.D.'s lawyer say that due to news reports and unwanted attention, "we will not be filing an amended complaint in his name."
They added they would like to sever C.D.'s case and appeal, while staying Rapp's case - and that Spacey does not agree.
Now on May 24 Spacey has moved to dismiss - with prejudice. Spacey's lawyer states that C.D. "repeatedly refused to attend his properly noticed deposition or to submit to a required mental examination." Watch this site.
Judge Kaplan's order noted that C.D. told an unknown number of people about his "relationship" with Spacey, and told Vulture. Full order here.
On February 23 in the Spacey case Inner City Press is tracking, another proceeding, an oral argument. Inner City Press live tweeted it here:
and below; now, Anthony Rapp Feb 3, 2021 deposition transcript on Patreon here
On February 24 Rapp's lawyer filed a collection of messages he received after accusing Spacey, many full of profanity, and "what u did is a sick way to gain attention."
On February 25, Spacey's lawyers filed to try to get the social media posts and declaration stricken as "not authorized by the Court." They say that 98% of the messages Rapp got were positive.
On March 2 plaintiffs' counsel wrote in that Spacey's "papers make other uninformed and speculative statements. It is simply not the true that C.D. has widely broadcast or disclosed his allegations to others. C.D. did speak to New York Magazine in 2017... He did so to refute Spacey's assertion that the sexual assault of Anthony Rapp was an isolated drunken incident."
On March 3, Spacey through counsel wrote to oppose "offers for plaintiff D.C. to speak to Your Honor in camera... C.D. claims he may dismiss his claims if the Motion is not granted... that is no one's decision but his."
On March 22, a proposed extension of expert discovery time by two weeks: WHEREAS, the current deadline to disclose rebuttal expert witnesses in this action is April 12, 2021; WHEREAS, the parties agree that additional time is needed to complete the depositions of Plaintiffs’ recently-disclosed expert witnesses and the medical examinations of Plaintiffs so as to allow for the disclosure of any rebuttal expert witness(es) and for such expert(s) to complete a report by the disclosure deadline; and WHEREAS, the parties recognize a potential need to extend the rebuttal expert disclosure date further, especially as to any delays in the deposition or medical examination of plaintiff C.D. or his expert witness; WHEREAS, this is the first such request for an extension of time in which to disclose rebuttal expert witnesses. IT IS NOW HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, and subject to the Court, as follows:
The deadline to disclose any rebuttal expert witness(es) under Federal Rule of Civil Procedure 26(a)(2) is continued by two weeks and is now April 26, 2021." This has been proposed.
From February 23: Lawyers for Kevin Spacey are arguing to strike testimony of Doctor Seymour H. Block. Spacey is being sued civilly for sex abuse.
Judge Kaplan: You are asking me to make an important decision, in a country that values public trials as much as we do, in the unique circumstance of a person who sued and also went to the press with it. In advance.
Plaintiffs lawyer: When my client gave the interview before this case. So there was no attempt to influence the jury. In fact, when my client spoke to the press this case would have been barred by the statute of limitations.
Judge Kaplan: But if disclosure would harm him, why did he go to the press? Plaintiff's lawyer: They did not reveal his name. Judge Kaplan: But he couldn't know it would work. The publication checked his account with others. There was a chance he would be ID-ed
Judge Kaplan: What's that case you're citing? Defense: Doe, 241 FRD 154, 159 (SDNY, 2006). And another one by Justice Brennan, about how public trials bring in more witnesses. CD made his decision. We have our due process rights. [He calls Spacey "Mr. Fowler"]
Judge Kaplan: On a proper showing, the pleadings need not contain the name of a party, no? Defense: They have to meet the Doe factors. And CD has not met his burden. Plaintiff: Doe v. Colgate, the plaintiff went to the press and was still anonymous.
Judge Kaplan: I'm going to wait until you make your expert disclosure. Plaintiff's lawyer: There is a person beyond Mr Rapp who is aware of this. And Mr Rapp is not seeking to withhold his name.
Judge Kaplan: You need to file the relevant piece of the deposition.
The proceeding ends, just like that.
From February 2: Spacey's lawyer says it is unfair for C.D. to proceeding anonymously. "While it is true we have C.D.'s name, only if we make it public can others come forward with evidence about him... this is the right to due process."
C.D.'s lawyer: The sealed plaintiff versus sealed defendant factors weigh in our favor. We are talking about the rape of a minor. The declaration by his therapist shows he would suffer harm if his name is made public.
Judge: If it happened it's abhorrent. But I don't have to be reminded of what Mr Spacey is accused of in every sentence. CD's lawyer: Spacey said, as to Rapp, that if it happened he was sorry. But here he is denying it entirely.
Judge: You're not getting anywhere.
Judge Kaplan: Get me your papers, and you'll get a decision promptly. Until then, don't disclose the name to third parties - except to Mr. Rapp, subject to sealing.
Spacey's lawyer: Every day is lost time.
So Rapp's deposition will go forward, with C.D.'s real name said at it but reported in the transcript as C.D.. Inner City Press will continue to report on this case. More on Patreon here.
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
