Kevin Spacey wants court to dismiss lawsuit because accuser won't disclose identity

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Kevin Spacey wants the court to dismiss the sexual misconduct case against him because his accuser, "C.D.," won't reveal his identity. 

The disgraced actor's attorney argued Tuesday in New York, "Plaintiff C.D.’s claims were filed nearly nine months ago, yet his claims have not been meaningfully pursued due to his continuing refusal to provide his true name. He repeatedly refused to attend his properly noticed deposition or to submit to a required mental examination."

The judge ruled back on May 3 that, in order to proceed with his case, it was required for the plaintiff to come forward within 10 days. 

The lawsuit, seeking over $40 million in damages, was filed in September in New York state court and then moved to federal court. 

JUDGE ORDERS KEVIN SPACEY ACCUSER TO REVEAL HIS IDENTITY IN ORDER TO CONTINUE WITH LAWSUIT

C.D. has accused Spacey, 61, of sexually abusing him in the 1980s when he was 14 years old. C.D. allegedly met Spacey in the actor’s suburban New York acting class before the abuse. 

Kevin Spacey wants the court to dismiss the sexual misconduct case against him because his accuser won't reveal his identity.  (AP Photo/Steven Senne, File)

Actor Anthony Rapp is a co-plaintiff with C.D. The "Rent" star claimed Spacey made a sexual advance at him at a 1980s party.

When Rapp first spoke publicly of his claim in 2017, others went public too and Spacey’s then-celebrated career abruptly halted. At the time, Spacey issued a statement saying he didn’t remember the encounter but apologized.

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In 2017, multiple sexual assault charges and misconduct charges were brought against the Oscar-winner. 

Two years ago, a man who said Spacey groped him in a Nantucket bar in 2016 dropped his lawsuit. Another second case of sexual misconduct against actor Kevin Spacey was dropped in October 2019 after Los Angeles prosecutors decided that it couldn't move forward without the participation of the accuser, who died earlier this year.

Spacey was facing charges of sexual battery after the accuser, a massage therapist, referred to as John Doe in an anonymous suit filed in September 2018, claimed that the actor grabbed his hand and was forced to touch Spacey's genitalia during a massage in 2016.

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The alleged victim also said that Spacey grabbed him by his shoulders in an attempt to kiss him and tried to fondle him. 

Spacey, who has not worked since 2017, recently booked a new movie: an Italian film called "L’uomo Che Disegno Dio," or "The Man Who Drew God" directed by Franco Nero.

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"I’m very happy Kevin agreed to participate in my film," Nero told ABC News. "I consider him a great actor and I can’t wait to start the movie."

The Associated Press contributed to this report.