A Virginia judge ruled Wednesday that “Jackie” — whose story of an alleged gang rape was reported in a now-retracted article by Rolling Stone in 2014 — will be required to testify in former Assoc. Dean Nicole Eramo’s lawsuit against the magazine.
Jackie will be deposed by attorneys representing both Rolling Stone and Eramo, who is also suing the author of the retracted article, Sabrina Rubin Erdely, and Wenner Media.
This is the first time Jackie will testify under oath about the alleged attack.
Attorneys for Jackie, who is a third party to the lawsuit, have previously called to quash the subpoena for the deposition and for protections against any “burdensome discovery,” claiming the deposition would cause Jackie “severe harm,” according to court documents.
Judge Glen E. Conrad originally ordered in February for Jackie to be deposed. While the original deposition was set at seven hours, lawyers for Eramo requested more time in a motion filed March 15.
This motion was granted in part Tuesday, allowing both parties in the case to depose Jackie for 3.5 hours each. Additionally, if Eramo’s lawyers believe more time is necessary, “the plaintiff may either depose Jackie for a total of five hours, divided over a two-day period, or petition the court for additional time,” court documents state.
Eramo is suing Rolling Stone and Erdely for $7.85 million in a defamation lawsuit.
Libby Locke, an attorney for Eramo, told CNN Tuesday that Eramo would not have been so “wrongfully targeted” had Rolling Stone done proper fact-checking.
“There were numerous red flags in Jackie’s account, which put Rolling Stone on notice that she was not a credible source for information,” Locke said. “Nevertheless, Rolling Stone was dead set on portraying Dean Eramo as a callous administrator who discouraged Jackie from reporting an assault to police.”
Jackie’s deposition is scheduled for Thursday.