Harvey Weinstein is asking a federal judge in New York to halt the proceedings in a civil suit brought by Alexandra Canosa, a former Weinstein Company employee. Canosa sued him, the Weinstein Company and several of its directors and executives, claiming he raped and assaulted her repeatedly, while threating to retaliate against her at work.

Weinstein’s attorney Imran Ansari told the court that he would not be able to sit for a deposition due to his ill health, and that the matter should be put on hold pending outcome of the assault and rape charges he’s facing in L.A. Under the current timeline, Weinstein would have to complete the deposition by January 19th.

Ansari writes in the motion: “Mr. Weinstein’s health has had a dramatic decline this week, as heavily reported in the media. These health concerns make it practically impossible to conduct his deposition and impedes his fundamental right to participate in his defense.”

The health concerns reportedly include diabetes mellitus, extensive coronary artery disease, high blood pressure, sleep apnea, chronic leg pain, arthritis, anemia, spinal stenosis and several others, which Ansari argues put him at heightened risk for contracting COVID-19.

“Notwithstanding Mr. Weinstein’s vehement denials of these salacious accusations, and evidence to support that any sexual relationship was completely consensual, these allegations closely resemble the charges of sexual misconduct in the Los Angeles County District Attorney’s Office,” writes Ansari. “In the absence of a stay, Mr. Weinstein’s constitutional rights to defend himself against the criminal allegations are unreasonably and unfairly burdened. Mr. Weinstein would be forced to make 'the difficult choice between being prejudiced in the civil litigation,' if he asserts his Fifth Amendment privilege, 'or from being prejudiced in the criminal litigation if he … waives that privilege in the civil litigation.'”

He is facing 11 felony charges in L.A., including rape and sexual battery. Extradition to California has been put on hold amid the pandemic, but his attorney says it’s imminent.