David Duchovny has opted to serve first.

The recently separated Californication star sued Britain’s Daily Mail for defamation Wednesday over the tabloid’s report last week that Duchovny cheated on his wife, Téa Leoni, with a tennis instructor.

The Mail went ahead and posted the item online despite being told “point blank” that the story was false and that the alleged object of this adulterous affection was “explicitly and specifically denying a romantic or sexual relationship with David Duchovny,” according to court documents filed today in Los Angeles Superior Court. (View the lawsuit.)

“By its intentional and reckless conduct, Daily Mail has caused substantial harm to Duchovny, in complete disregard of the truth and of even a semblance of journalistic integrity,” the suit states.

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Head over to XFilesMedia.com to see some photos of David (looking entirely too skinny) on the set of his new movie The Joneses.

Though David Duchovny and Téa Leoni confirmed that they have been separated for several months, a source who knows the couple says they still appear close and friendly.

“They get along great together,” says a source in their New York City neighborhood.

“They are such a nice family, so down-to-earth,” the source adds. The family was seen together at the Czech Street Festival in Manhattan earlier this month.

Duchovny, 48, and Leoni, 42, were married in 1997. They have two children, daughter Madelaine West, 9, and son Kyd, 6.

Speaking to PEOPLE last week, before the separation announcement and following Duchovny’s release from rehab for sex addiction, Gossip Girl star Madchen Amick (who will appear on Duchovny’s Showtime series Californication later this season), told PEOPLE: “I know that his family is really important to him, and he always speaks fondly about them. The only hard part about doing the show [in California] is being away from them. But I know he really adores them.”

Duchovny is currently preparing for an upcoming starring role in The Joneses, also starring Demi Moore.

Source: People Magazine

David Duchovny, who recently left rehab for sex addiction, and wife Téa Leoni released a statement Wednesday saying they have been separated for some time.

“In light of continuous speculation over the lives and marriage of Tea Leoni and David Duchovny, the couple has confirmed that they have in fact been separated for several months,” the statement says. “The couple had hoped to keep this separation private for the sake of their children.”

Duchovny, 48, has been married to actress Leoni since 1997. They have two children, daughter Madelaine West, 9, and son Kyd, 6.

The actor voluntarily entered rehab last summer “for the treatment of sex addiction,” he said in a statement issued in August.

Earlier this month, Duchnovny had “successfully completed the rehab program,” his lawyer said. Duchovny was then spotted with Leoni at the Czech Street Festival in Manhattan.

The separation statement was released by reps Annett Wolf and Evelyn Karamanos.

Source: People.com

“X-Files : I Want to Believe” didn’t make much of a dint at the box office – probably just as well it didn’t cost an arm-and-a-leg to make.

FOX chairman Tom Rothman told IESB today that, despite the lackluster performance of the latter, there’s still the possibility of another – and he’s leaving it up to the cast and crew as to whether they’d like to see that happen.

‘It’s really up to Chris [Carter], David [Duchovny] and Gillian [Anderson]

Rothman tells the site.

Here is a clip that aired on Extra today of David after his stint in rehab for sex addiction. It’s just so good to see him again!