A judge dismissed the case between Nick Loeb and Sofia Vergara over their two frozen embryos in the latest step of the long legal battle between the ex-couple.
The Louisiana judge said the court had no jurisdiction over the embryos, which were conceived in California.
Despite the fact that Loeb, 41, claimed he and Vergara, 45, dated and planned their life together in Louisiana and Vergara shot a movie there in 2104, the judge said neither parent had permanent ties to the state, TMZ reported.
The judge also said that Loeb most likely only filed in Louisiana because of the state’s laws concerning unborn children.
According to court documents, the judge referred to the embryos as ‘citizens of California’ and said that a decision concerning the case could require an evaluation of the embryos’ rights.
A Louisiana judge dismissed the case between Sofia Vergara, 45, (left) and Nick Loeb, 41, (right) over their two frozen embryos in the latest step of the long legal battle between the ex-couple. The exes have been fighting in a nasty and public legal battle since early 2015
The exes have been fighting in a nasty and public legal battle for years. Loeb sued Vergara in early 2015 for custody of the female embryos they created together while they were engaged in 2013.
While they were dating, the former couple signed a document saying they both had to consent to implant the embryos in a surrogate.
The pair broke up in May 2014. Loeb wants to see the frozen embryos, which he has named Emma and Isabella, grow to term and become his daughters while Vergara, who is now married to Joe Manganiello, wants to see them remain frozen.
Loeb dropped his case in 2016 a day before another one was filed by an unknown third party in Louisiana representing the embryos as plaintiffs.
After the Louisiana dismissal, it is uncertain if Loeb plans to refile another lawsuit.
Loeb (pictured last September) and Vergara created two frozen embryos while they were engaged in 2013. By May 2014, they had broken up. Loeb wants to see the frozen embryos, which he has named Emma and Isabella, grow to term and become his daughters
Vergara, (pictured in June) who is now married to Joe Manganiello, wants to see the embryos remain frozen
In July, Vergara filed a motion in Los Angeles to use her ex fiancé’s deposition from a previous lawsuit in her court order to ensure her frozen embryos are not carried to term.
Court documents obtained by DailyMail.com in July showed that Vergara claimed her ex’s deposition from the 2015 case is relevant to her court order to prohibit him from suing again for the embryos.
Vergara said there is evidence that includes WhatsApp messages showing the businessman’s intent in deciding to drop his lawsuit.
She revealed Loeb made several admissions during his deposition that are important, including statements that called into question his pro-life views.
Under Exhibit A, she included a story from Page Six that quoted Loeb who said he refused to name the two ex-girlfriends who had abortions in the past.
Loeb has cited his pro-life stance in his reasoning to have his ‘daughters’ born in his public statements.
He filed a motion to strike, and cited the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute to block this testimony from being used in this case.
In July, Vergara filed a motion in Los Angeles to use her ex fiancé’s deposition from a previous lawsuit in her court order to ensure her frozen embryos are not carried to term. She revealed Loeb made several admissions during his deposition that are important, including statements that called into question his pro-life views
Loeb was grilled about his sex life and previous relationships in the days before he dropped the lawsuit against his ex.
Loeb claimed his private sexual history is at risk if the discovery is allowed in this case. Vergara said this is nonsense considering this case involves the same parties and the documents would be covered with the same level of confidentiality.
She said Loeb wishes to unfairly conceal the testimony and has resorted to outlandish arguments such as the contention the sealed discovery is somehow irrelevant.
The case has garnered the interest of pro-life groups because it called into question the rights of the embryos created at ART Reproductive Center in Beverly Hills.
Vergara has a 24-year-old son, Manolo Gonzalez-Ripoll Vergara, from a previous relationship. She married Magic Mike actor Joe Manganiello in a lavish Palm Beach ceremony in November 2015. Vergara (left) and Manganiello (right) are pictured in February
A case was filed against Vergara in December of 2016 by a third party in Louisiana where IVF embryos are considered ‘juridical persons’ with rights, including the right to life.
The plaintiffs were listed as the embryos who Loeb has named Emma and Isabella. The lawsuit claimed the actress was depriving them of inheritance by blocking them from being born.
Vergara and her lawyer have accused Loeb of trying to keep himself in the public eye by drawing attention to the case. He wrote an opinion piece in the New York Times in 2015 that argued if a woman has a right to chose to carry a pregnancy to term, a man should have the same rights when it comes to an IVF embryo.
The actress responded on Good Morning America: ‘This shouldn’t be out there for people to give their opinion. There’s nothing to talk about, there’s papers signed.’
Vergara has a 24-year-old son, Manolo Gonzalez-Ripoll Vergara, from a previous relationship. She married Magic Mike actor Joe Manganiello in a lavish Palm Beach ceremony in November 2015.