| Kevin Spacey
Got to Unmask Anonymous C.D. Alleging Rape
at 14 Now Moves to Preclude
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 23 – 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.
On May 24 Spacey
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.
Now on August 23,
2021, Spacey has moved to
preclude Rapp from eliciting
testimony about statements he
made to third parties about
the "alleged" incident - there
are THIRTEEN potential
witnesses. Watch this site.
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.
***
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