03/02/2006 at 08:40 AM EST
Colin Farrell is being evasive about participating in the lawsuit he filed against ex-girlfriend Nicole Narain over a 15-minute sex tape they made together about three years ago, CBS News reports.
"We've been trying to do the plaintiff's deposition for the last three months," said Leodis Matthews, who represents Playboy Playmate Narain. "We've heard everything from (drug) rehabilitation to travel outside the country."
Farrell's lawyer, Paul Berra, declined comment.
Last year, to prevent distribution and sale of the tape, the New World and Alexander star filed suit against Narain, as well as Paul Nash, marketing director of the adult Web site company Internet Commerce Group, and celebrity porn broker David Hans Schmidt.
According to Farrell's original complaint, filed last July in Los Angeles Superior Court, the video was made by Farrell, 29, and model-actress Narain, 31, in 2003, with the agreement that they would never release it to the public.
Farrell seeks general and compensatory damages as well as an injunction prohibiting the promotion and sale of the tape. The lawsuit also says the release of the videotape would irreparably harm Farrell's reputation and career, and he is demanding that all copies of the tape be returned to him.
In December, Farrell entered an undisclosed treatment facility for exhaustion and dependency on prescription medication related to a back injury, his publicist said. Since then, published reports have said that the once hard-living party boy has cleaned up his act.