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Alabama Rep. Mo Brooks is reportedly avoiding a lawsuit from Rep. Eric Swalwell (D-Calif.) that seeks to hold him accountable for the January 6 Capitol insurrection. Court records show Swalwell’s attorneys hired a private investigator to find him, CNN reports.

Swalwell, who served as a House manager in Donald Trump’s last impeachment, filed a lawsuit in March against the former president, his son, lawyer and a Republican congressman whose actions he charges led to January’s insurrection.

A federal judge gave the legal team another 60 days to serve Brooks with their formal notification.

The suit alleges a conspiracy to violate civil rights, along with negligence, inciting a riot and inflicting emotional distress.

Swalwell charges that Trump, his son Donald Jr., along with former New York City Mayor Rudy Giuliani and Republican Rep. Mo Brooks of Alabama, had made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol.”

Associated Press contributed to this report.