Judge declines to dismiss lawsuit vs. ex-NBA star Dwight Howard - ESPN

A Georgia judge denied a motion by lawyers for former NBA star center Dwight Howard to immediately dismiss a lawsuit against him that alleges sexual assault and battery.

The Gwinnett County judge made the ruling this week, according to a filing obtained by ESPN, while also ruling to seal an exhibit filed in December 2023 that contains what Howard's lawyers argued were embarrassing, sexually explicit text messages.

The lawsuit was filed in July 2023 by Stephen Harper, who alleges that Howard sexually assaulted him during a July 2021 encounter at Howard's Georgia residence, along with «intentional infliction of emotional distress» and false imprisonment.

«My comment, at this time, is that we are glad the court denied Mr. Howard's motion and look forward to proving our client's case,» Harper's attorney, Olga Izmaylova, told ESPN on Thursday.

The case is still in the discovery phase, and no trial has been scheduled.

«Justice will prevail and we fully trust in our justice system and the process,» Justin Bailey, one of Howard's attorneys, told ESPN. «This order is a part of the process. We will engage in discovery and will further prove our case and when the time is right we will let our future pleadings speak for themselves.»

Howard's attorneys have on multiple occasions alleged that the encounter, which was said to involve a third person, was consensual. In October 2023, Howard's lawyers denied the allegations and asked the court to dismiss the case. They went further in December 2023, asking the judge for a summary judgment in their favor — which would dismiss the charges without a trial.

In the initial complaint, Harper's lawyers said he and Howard first began corresponding over direct messages on Instagram in May 2021,