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the man prosecutors say was sexually assaulted by Kevin Spacey in a Massachusetts bar three years ago has dropped a civil lawsuit he filed against the actor just last week Mitchell Garabedian the alleged victim's lawyer on Friday said his client filed papers earlier this week to dismiss a lawsuit in Nantucket county Superior Court that accused spacey of quote explicit sexual behavior and lewd and lascivious conduct Garabedian declined to comment further on the dismissal citing the pending criminal case prosecutors filed last year again spacey for the same incident the former house of cards star has pleaded not guilty to one count of felony indecent assault and battery at a bar on the island of Nantucket the accuser whose mother is a former Boston news anchor told police spacey bought him several rounds of beer and whiskey at the club car restaurant in July of twenty sixteen when he was eighteen years old and that space he groped him spaces lawyers accuse the man of deleting text messages that would support the actor's defense the judge recently ordered the accuser to provide his cell phone to spacey's attorneys but Garabedian told the court his client can't find the phone the judge has ordered the accuser his parents and Garabedian to attend a hearing on Monday if the cell phone can't be found with %HESITATION with my client