A federal judge in Los Angeles denied Derrick Rose’s motion to dismiss the sexual assault lawsuit filed a year ago by the National Basketball Association star’s former lover, which means the case will likely go to trial in early October – just as Rose and his Knick teammates are scheduled to report to training camp.
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Now that the motion has been dismissed, the trial seems like it may go forth with a scheduled date of October 4 in Los Angeles.
On Friday, ESPN reported that Judge Michael W. Fitzgerald wrote in his response, “There can be no doubt that genuine disputes exist as to nearly every material fact in this action”.
Werly added that Rose did win a motion “to break up the punitive damages aspect of trial and to exclude/limit plaintiff’s expert witnesses”.
According to official documents published by The White Bronco, the reason a California district court judge denied Rose’s motion for a summary judgment is because it remains in question whether the accuser, referred to as “Jane Doe”, consented to sex on August 27, 2013.
According to court records, the woman had been drinking at Rose’s Beverly Hills, California, home, and a friend helped her return home, where she vomited and fell asleep. Rose has denied the allegations and said he is confident he will be proven innocent.
If the case goes to trial, it could affect Rose’s availability for the Knicks.
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The woman’s $21.5 million sexual battery lawsuit contends that Rose and the other two defendants entered her apartment the next morning and raped her.
