NEW YORK, Sept. 22 (Reuters) – Cuba Gooding Jr has asked a U.S. judge to overturn a liability statement in a civil lawsuit brought by a woman who accused the Oscar-winning actor of raping her twice in 2013, after accepting his refusal to officially respond to his accusations was not voluntary.
According to a case filed in Manhattan federal court on Wednesday, Gooding never saw the complaint from the accuser known as Jane Doe until August 3, five days after U.S. District Judge Paul Crotty returned her. a default judgment on liability.
Gooding’s attorney, Edward Sapone, said Doe’s processing server filed the $ 6 million lawsuit in an apartment where the actor’s girlfriend lived, but that Gooding had never lived there and that the porter did not want to accept the documents.
“No one ever served me with the summons and the complaint, including the doorman,” Gooding said in a signed affidavit.
“While I respect the complainant and her lawyer, I respectfully deny her allegations [and] seek to have the default canceled so that I can defend myself, ”he added.
A stipulation signed by one of Doe’s attorneys stated that Doe “agrees to quash the default.” Gooding agreed to cover Doe’s legal costs to secure the default judgment.
Gloria Allred, another attorney for Doe, said in an email that her client was eager to testify against Gooding in court if his default was overturned.
Doe said the alleged rapes took place at the Mercer Hotel in Manhattan’s SoHo neighborhood, shortly after meeting Gooding at a restaurant and lounge in Greenwich Village.
She said Gooding asked her to go up to her room, saying he needed to change clothes quickly, but pushed her onto a bed, raped her and raped her again as she tried to flee. Doe said she had told him “No” several times.
In Wednesday’s filing, Sapone said Gooding and at least two other witnesses would testify that Doe was not raped vaginally or anally, or held in a hotel room against her will.
Gooding won the Oscar for Best Supporting Actor in 1997 for “Jerry Maguire” and played OJ Simpson in the 2016 television miniseries “The People v. OJ Simpson”.
He pleaded not guilty in 2019 in another Manhattan court to unwanted touching of three women in separate incidents.
Report by Jonathan Stempel in New York; Editing by Karishma Singh
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