Bill Cosby files to prevent release of deposition in 2005 sexual assault lawsuit

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Tamara Green - who has accused Cosby of sexual assault - is suing the comedian for defamation
She and two other alleged victims are demanding that his sealed deposition could contain bombshell evidence that would help her case
Cosby is demanding the deposition and the settlement details remain confidential

By Ryan Parry, West Coast Correspondent for MailOnline

Published: 19:12 EST, 23 April 2015 | Updated: 03:01 EST, 24 April 2015

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Bill Cosby is pleading with a judge not to unseal his deposition from the 2005 sexual assault lawsuit which sparked a whirlwind of allegations against him - claiming the contents should remain confidential.

Tamara Green - who has accused Cosby, 77, of drugging and sexually assaulting her back in the 70s - is suing the comedian for defamation, claiming he made numerous statements about her being a liar to the media.

Lawyers representing Green, a lawyer herself, recently filed court documents with the U.S. District Court in Springfield, Massachusetts, demanding the court order the 2005 suit - in which Cosby was sued by a woman named Andrea Constand - be unsealed.

Green’s legal team believes the deposition could contain bombshell evidence that would help her case. If Cosby does admit in his deposition to sexually assaulting Constand and other women - Green included – it could pave the way for dozens more civil lawsuits.

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Legal battle: Tamara Green (left) claims Bill Cosby (right) falsely branded her a liar when she said he drugged and sexually assaulted her. Green, a lawyer, has appealed to have a 2005 lawsuit against Cosby unsealed

Case: The legal team for Green (pictured in the 1970s around the time of Cosby's alleged abuse) believes the deposition could contain bombshell evidence that would help her case

Judgement: If a judge rules in favor of Green by unveiling the details of the lawsuit, it will pave the way for all 38 of Cosby's alleged victims to file civil lawsuits against the disgraced comedian

Constand sued the legendary comic for battery and assault, and asked for at least $150,000 in damages.

Formerly director of operations for Temple University’s women’s basketball team, she claims she visited Cosby at his Cheltenham, Pennsylvania, home in January 2004 to discuss her career, and after allegedly giving her ‘herbal’ pills to ease her anxiety, Cosby allegedly ‘touched her breasts and vaginal area, rubbed his penis against her hand, and digitally penetrated’ her.

Constand alleged the comedian gave her three blue pills in total but the star’s lawyers issued a court filing and attempted to clarify that he merely gave Constand one and a half tablets of Benadryl.

Thirteen women who allege similar experiences as Constand and Green are mentioned in court papers as Jane Doe witnesses. But the comedian reached a confidential settlement agreement and the case was dismissed.

Green, 66, who lives in Fallbrook, near San Diego, wants the Massachusetts court to order the records to be unsealed so her lawsuit would be allowed to continue on with the case.

But on April 21 - in a court filing obtained by Daily Mail Online - Cosby’s lawyers fired back at the motion. They say the motion ‘should be denied because they have made no showing of the good cause required to justify this extraordinary relief’.

Original filing: The 2005 suit was filed by Andrea Courtland, the former women's basketball director at Temple University (pictured then, left, and now, right). She claimed Cosby touched her breast and crotch and 'digitally penetrated her' after giving her 'three blue pills'

The court papers also state the documents are irrelevant to Cosby’s denial of sexual misconduct and explain that there is no reason for the court to side with Green.

Furthermore, the document states that Green’s lawyers believe there may be something in Cosby's deposition to help their case but, the star's lawyers claim, they actually have no real idea whether that’s true.

‘Plaintiffs appear to argue that the documents they seek might assist them in amending their complaint. They do not explain, however, how the proposed discovery may lead to amended allegations,’ it states.

On top of this Cosby’s lawyers argue that Green's motion to subpoena the court records is extremely ‘inappropriate’ and the agreement between Cosby and Constand is confidential.

They conclude: ‘For all these reasons, Plaintiffs have not met their burden of showing good cause and should not be granted the extraordinary relief they seek.’

Cosby has been hit with more than 35 separate allegations of rape or sexual assault in the past six months – many dating back 30 or 40 years.

Most appeared to be covered by statutes of limitation and the star has repeatedly denied the allegations.

Green's lawyers filed the suit on Tuesday. Cosby's lawyers claim it is a fishing expedition

Thirteen women who allege similar experiences as Constand and Green are mentioned in court papers as Jane Doe witnesses. But Cosby reached a confidential settlement agreement and the case was dismissed

Cosby’s lawyers argue that Green's motion to subpoena the court records is extremely ‘inappropriate’ and the agreement between Cosby and Constand is confidential

Cosby performs for first time since rape accusations (archive)