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SANTA MONICA (CNS) - Lawyers for a Riverside County woman who filed a sexual battery lawsuit against Bill Cosby will get a hearing next month on their request to limit the extent the comedian's attorneys can examine the plaintiff's medical background.
Santa Monica Superior Court Judge Craig Karlan is scheduled to hold a hearing Dec. 14 regarding a subpoena Cosby's attorneys served on a physician who treated plaintiff Judy Huth, seeking all information related to her medical background. He is identified in Huth's court papers only as Dr. A.F.
``While plaintiff acknowledges that the defendant may be entitled to some of Dr. A.F's records, the subpoena is so broad as to require production of documents containing private medical information to which the defendant is not entitled,'' Huth's attorneys argue in their court papers
Cosby's records subpoena ``appears to call for production of private information that is not directly related to the lawsuit (damages), private information for which there is no compelling need for discovery, private
information that is statutorily prohibited from discovery and/or private information that is not reasonably calculated to lead to the discovery of admissible information,'' Huth's lawyers further argue in their papers.
Huth's lawyers are asking that the medical records be delivered to Cosby's chosen copying service in response to the subpoena, but that the copies be then given to the plaintiff's attorneys for review so they can determine if they object to portions of the information being turned over to the defense. Any disputes would be resolved by the judge.
Huth, 63, who lives in the gated community of Canyon Lake in Riverside County, sued Cosby in 2014. She alleges that in 1974, when she was 15 years old, Cosby invited her and a 16-year-old friend into a house where he convinced her to drink a beer for every game of pool he won. Huth alleges he later took her and her friend to the Playboy Mansion, where he allegedly molested her in a bedroom.
Cosby was previously convicted in a retrial in Pennsylvania of allegations that he drugged and molested Temple University employee Andrea Constand and sentenced in 2018 to 10 years in prison, but that state's Supreme Court in June overturned the conviction after finding he had obtained a nonprosecution agreement from a prior prosecutor.
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