In June, the accuser’s lawyer claimed that the phone was missing and that the team was actively trying to recover backup copies of the device’s contents.
A Massachusetts judge ordered the accuser, as well as the accuser’s parents and legal team, to appear in court Monday if the phone wasn’t able to be recovered by then.
Spacey is accused of groping the then 18-year-old man at the Club Car Restaurant in July 2016. The man also accused Spacey of trying to ply him into sexual acts with alcohol.
In recovered text messages obtained by the prosecution, the accuser told his girlfriend, “[Spacey] grabbed my d—k like 8 times.”
Spacey pleaded not guilty to a charge of indecent assault and battery.
The accuser voluntarily dropped the suit, leading legal experts to speculate that a monetary settlement may have been reached.
“Money is a great motivator for an individual not to follow through,” William Korman, defense lawyer and former Suffolk County DA’s Office prosecutor in Massachusetts, told the Associated Press.
“Maybe the prosecution said, ‘It’s either about money or it’s about a crime, but it can’t be about both, and you have to make a decision on where you want to go with this,’ ” defense attorney and former prosecutor David Yanetti noted. “It’s clear something unusual is going on here.”
The Associated Press contributed to this report.