An attempt to prevent The Cosby Show actor and his former lawyer Marty Singer from having to submit to depositions from attorneys for the ex-America’s Next Top Model judge in her defamation case should be denied, says Janice Dickinson’s lawyer. Accused of sexual assault by Dickinson and more than four dozen other women, Bill Cosby and his legal reps “have trashed and maligned the reputations of his victims,” asserts attorney Lisa Bloom in an opposition filed Friday to the comedian’s motion to halt the depos ordered earlier this month by L.A. Superior Court Judge Debra Weintraub.
“The disputed facts as to malice on the part of Defendant/Petitioner Cosby and Defendant Singer are exactly why Plaintiff/Respondent’s motion to lift the stay on discovery should be upheld by this court, and ultimately why the anti-SLAPP motion should be denied by the trial court,” added the November 20 filing (read it here) to the California Court of Appeals. The 2nd District Court of Appeal put the depositions on hold November 12 after Cosby filed a stay request November 9. The Appeals court has said it wants more info from both sides before granting a lifting of the stay in what could be yet another damning and revealing transcription for the once beloved and now disgraced Cosby.
“Only via the depositions ordered …may Plaintiff/Respondent establish facts that Defendant/Petitioner Cosby knew about, directed, approved and ratified the Defamatory Press Statements issued in his name and on which he was ‘cc’d,’ ” says the filing of late last week.
“Plaintiff/Respondent Janice Dickinson is in a Catch-22 without the limited depositions sought on this motion,” the opposition paperwork adds. “She is required to offer admissible evidence in support of each element of her defamation claim, including malice, in opposition to Defendant’s anti-SLAPP motion. Yet, because discovery has been stayed by the anti-SLAPP statute, she is unable to obtain the best evidence of malice.”
Although the statute of limitations has long since passed on Dickinson’s clams that she was raped by Cosby in 1982, the ex-supermodel filed a defamation suit against him in May over statements on November 18-19 of last year calling her “a liar” made by the actor’s lawyer and reps. Bloom added Singer, Cosby’s now ex-long-term attorney, to the case a defendant in an amended complaint filed November 16.
With Dickinson’s filing of November 20, Cosby and Singer’s side has until the end of the month to submit a response. The Appeals Court is expected to rule on the matter not long afterwards unless it requires further briefs. Cosby is now represented by Christopher Tayback of Quinn Emanuel Urquhart and Sullivan in the matter.
This of course is far from the only active or semi-active case the comedian faces in the flood of remarkably similar accusations. As well as other cases being filed around the country, the L.A. County District Attorney is still reviewing a LAPD investigation of claims that Cosby drugged and sexually assaulted then-18-year old model Chloe Goins at a party at the Playboy Mansion in 2008.
On October 9, Cosby was deposed for several hours in Boston in the Judy Huth case. Huth claims that she was sexually assaulted by Cosby in 1974 at the Playboy Mansion when she was 15 years old. Like the shocking previously sealed 2005 deposition in the now-settled Andrea Constand case, the Huth deposition could become public in late December if the judge doesn’t deem its content private.
The deposition by Cosby in the Constand matter revealed that the actor had prescriptions for Quaaludes in the 1970s that he intended to give to women he wanted to have sex with. Across the board, alleged victims of Cosby speak of being somehow drugged by him before the assaults began.
Subscribe to Deadline Breaking News Alerts and keep your inbox happy.