A federal judge in Hawaii will consider whether to throw out a sex abuse lawsuit against “X-Men” franchise director Bryan Singer after his attorneys presented information that neither the filmmaker nor his accuser were in the state at the time.

U.S. District Judge Susan Oki Mollway on Thursday set a July 7 hearing to consider a motion by Singer’s lawyers to dismiss the lawsuit, claiming the accusations are false and fabricated.

Lawyers for another Hollywood figure, producer Gary Goddard, moved Thursday to have a similar but separate lawsuit thrown out that accuses Goddard of abusing the same victim. A former child model, Michael Egan III, is accusing Singer and Goddard of abusing him when he was underage.

Egan claims Singer abused him several times during trips to Hawaii in 1999, when he was 17. Egan also accuses Singer of abusing him earlier in California as part of a Hollywood sex ring.

As part of his motion, Singer filed a signed declaration saying he was never in Hawaii during the time Egan claimed. Singer said he was working on the first “X-Men” film in Toronto.

Singer’s lawyer also presented a 2003 deposition in which Egan said he didn’t go to Hawaii.

Egan maintains he was in Hawaii with Singer, Goddard and two other defendants and his mother maintains she authorized at least two of Egan’s trips, Egan’s lawyer Jeff Herman said in a statement.

Herman declined comment on Egan’s previous testimony and Singer’s assertion he was never in Hawaii.

The Hawaii allegations are key to the case because of a state law that opened a window for victims of child abuse to come forward with civil lawsuits on cases that previously passed the statute of limitations.

The Associated Press does not normally name victims of sexual abuse, but is naming Egan because he is speaking publicly about his allegations.