The Massachusetts man who accused the former "House of Cards" star of groping him at a resort island bar in 2016 seeks unspecified damages for "severe and permanent mental distress and emotional injuries," the Associated Press reports.
Spacey's lawyers have accused the man of deleting text messages they say would support the actor's claims of innocence.
The judge has ordered Spacey's accuser to turn over his cellphone to the defense, but the man's attorney has said they cannot find the phone.
Some of the text messages surfaced in reports last week, but the defense alleged that not all of the messages were visible in screenshots provided to the court.
The defense has sought to conduct a forensic extraction of data and claimed the entire exchange would clear Spacey of charges.
They said it would show the interactions between the actor and the then-18-year-old accuser were nothing more than consensual flirting.
Among the texts between the accuser and his girlfriend is an exchange in which he said Spacey, the two-time Oscar winner, grabbed his penis eight times.
The girlfriend said it seemed that Spacey was hitting on him, and told him to have fun ... but not too much.
An email seeking comment was sent to Spacey's attorney Thursday.
Attorney Mitchell Garabedian, who represents the unidentified man, told a judge in court documents that his cellphone at the time of the alleged incident at the Club Car bar and restaurant in Nantucket, Mass., could not be found. The judge initially said the phone needed to be turned over to the defense by Friday but has since extended the deadline to July 8.
The criminal case is the only one brought against Spacey, who has been accused of several instances of sexual misconduct since 2017. Former Boston TV anchor Heather Unruh accused the actor of getting her then-18-year-old son drunk at the island bar where he worked as a busboy and sexually assaulting him.
Spacey has denied the allegations and pleaded not guilty to indecent assault and battery charges.
The Associated Press and Fox News' Frank Miles and Tamara Gitt contributed to this report.