Drew Angerer/Getty Images(NEW YORK) — Harvey Weinstein has failed in his attempt to get a judge to drop a sex trafficking suit filed against him by an aspiring actress.

Karina Noble alleges Weinstein sexually assaulted her in a Cannes hotel in 2014 after promising her film roles that never materialized.

In court documents obtained by ABC, on Tuesday, U.S. District Judge Robert W. Sweet dismissed the lawsuit, writing, “Plaintiff has plausibly alleged that Harvey Weinstein, knowingly and in interstate commerce, enticed and or recruited her knowing that means of force, fraud, or a combination of the two, would be employed to cause her to engage in a commercial sex act.”

Weinstein’s lawyers filed for a dismissal of the case back in January, arguing Noble “fail[ed] to allege that she was caused to engage in a ‘commercial sex act,’ as neither she nor Weinstein paid or received anything of value in exchange for the alleged sex act.”

Sweet did, however, dismiss allegations against Harvey Weinstein’s brother and movie production partner, Bob Weinstein, ruling Noble failed to prove that Bob was aware of or facilitated his brother’s alleged sexual misconduct.

Harvey Weinstein’s attorney, Phyllis Kupferstein, said that he would appeal the ruling, according to Variety.

Copyright © 2018, ABC Radio. All rights reserved.