Radar has learned that Vergara's team objected to Loeb's lawyers' request to delay a hearing in their battle—but a judge in New Orleans, Louisiana, sided with him yesterday, court documents show.
The Modern Family beauty, 44, and her ex- fiancé Loeb, 41, have been battling it out in court for over two years, as Radar has reported, after the couple planned to have children via a surrogate and went through the IVF process.
When they broke off their engagement, Vergara and Loeb still had two embryos that had been conceived in November 2013.
Loeb sued the star, demanding she be prevented from destroying the embryos because he already has a strong emotional attachment to his two unborn daughters, whom he said he named Emma and Isabella. Loeb argued that he wanted the opportunity to try to implant them in a surrogate.
Vergara fired back with her own lawsuit shortly after, citing the contract they had previously signed stating that in order to use an embryo, one parent needs the other's approval.
The case is being fought in New Orleans as Loeb's suit stated that the couple "ended their relationship" at the Louis Armstrong New Orleans International Airport "in significant part due to" delays in allowing the embryos to be transferred to be developed and born," as nola reported.
The case has dragged on and a hearing was set for this month but Loeb's side asked for another 90 days to prepare as one of his attorneys needs to withdraw for "substitute counsel" and another "needed eye surgery," according to the court docs.
Vergara's legal eagles seemed bugged by what they saw as a stalling tactic, arguing that Loeb's team had "already received several extensions that have delayed this case."
Her attorneys added that pushing the hearing back again would impact Vergara "by delaying her expected relief from this frivolous lawsuit and increasing the cost of litigation."
But Loeb's side won the court skirmish and now, the oral argument will take place on Aug. 16.
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