At a hearing on Bill Cosby’s breach of contract lawsuit against the woman who accused him of sexual assault and her lawyers, an attorney for Cosby argued that the comedian should not have to sit for a deposition while his criminal case is pending.

The argument arose at a hearing on motions to dismiss Cosby’s lawsuit against his accuser, Andrea Constand, as well as her mother, her lawyers, and the owner of the National Enquirer. All of the defendants filed motions to dismiss, which U.S. District Judge Eduardo Robreno of the Eastern District of Pennsylvania took under advisement. On the stay issue, Robreno asked the parties to submit letters to him on their arguments.

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