A former model/actress suing Harvey Weinstein for sexual assault wants to block the disgraced producer's access to her private social media and communications information.
The plaintiff is identified as Jane Doe No. 1 in the Santa Monica Superior Court lawsuit, which alleges sexual battery, false imprisonment, negligence and intentional infliction of emotional distress.
Doe's attorneys filed court papers on Tuesday with Judge Elaine W. Mandel asking that the judge quash a subpoena for the records that Weinstein's lawyers served Oct. 31 on Meta Platforms Inc. One of Weinstein's requests seeks all of Doe's private messages with a non-party to the lawsuit for the past 10 years.
Weinstein also is asking to see Doe's entire Facebook account contents, including her private messages, as well as a "broad variety of plaintiff's private WhatsApp messages and Instagram posts, all without any limitation in time," according to Doe's attorneys' court papers, which were brought in advance of the scheduled Jan. 23 hearing on their motion.
"Defendant's subpoena should be quashed because it is frivolous on its face and the requests for production at issue are impermissibly overbroad and seek to compel private, confidential information that defendant has no legal right to discover in this sexual abuse case," Doe's lawyers argue in their court papers.
Weinstein, 71, was convicted last Dec. 19 of three of the seven criminal counts he was facing -- forcible rape, forcible oral copulation and sexual penetration by a foreign object. All three of those counts related to Doe, with the crimes occurring on or about Feb. 18, 2013, in a Beverly Hills hotel room. Weinstein was sentenced to 16 years in prison on Feb. 23.
Weinstein's attorneys previously filed an answer to the plaintiff's civil complaint maintaining that Weinstein's accuser's claims are barred by the statute of limitations, that her request for punitive damages is unconstitutional and that her lawsuit should be dismissed.
According to Doe's suit filed Feb. 9, she attended a film festival and alleges that Weinstein came to her hotel room unexpectedly after she attended events that day.
"After he was done raping her, he acted as if nothing out of the ordinary happened and left," the plaintiff's court papers allege.
Doe did not report the attack until 2017, when she had a talk with her daughter, during a time when Weinstein was at the forefront of the #metoo movement, according to her court papers.
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