U.S. District Judge Barry M. Kurren on Wednesday set a Sept. 9 hearing on Michael Egan’s motion to withdraw his case against director Bryan Singer, although Egan is seeking a dismissal without prejudice.
If Egan’s request is granted, he would be able to refile his claim against the director, who Egan accuses of sexually assaulting him when he was a minor. Singer denies the allegations.
Egan, representing himself in his filing of a motion to dismiss the claim against Singer, requested that it be made without “an award of costs or fees, in the interest of justice.”
Egan was left without counsel after his attorney, Jeff Herman, announced on July 29 that he was seeking to withdraw from the case, saying that relations with his client had “deteriorated.” Mark Gallagher, retained to represent Egan in Hawaii, where the case was filed, also asked to be removed from the case. On Wednesday, Kurren granted their requests to withdraw.
John C. Manly, an Irvine attorney who has been advising Egan, said last week that Herman’s withdrawal left Egan in limbo, with little time for a new legal team to take over the case before key court dates. A hearing also is scheduled for Sept. 9 on Singer’s effort to dismiss the case and for a summary judgment in his favor.
Herman’s firm filed one other suit against Singer — by an unidentified British plaintiff — but that case was voluntarily withdrawn last month. Singer’s lawyers had sought a court order in which the plaintiff would have been required to put up cash collateral against case costs. Singer’s attorney said that no settlement was reached in that case.
In a statement sent to Variety last week, Martin Singer said that “Bryan and his team will continue to fight to clear his name and intend to pursue charges of malicious prosecution against Egan.” He called Egan and Herman’s case “an attempted shakedown of Bryan Singer.”
Herman’s firm continues to represent the British plaintiff, identified in court papers at John Doe 117, against producer Gary Goddard. Goddard has filed a motion to dismiss, with a hearing scheduled for Aug. 18.
Egan also filed claims against Goddard, Garth Ancier and David Neuman, but those were voluntarily dismissed without prejudice. Ancier has since filed a malicious prosecution suit against Egan and Herman.