Sofia Vergara’s ex-fiancé Nick Loeb is pleading with the court not to reward her allegedly dirty tactics in the legal battle over their frozen embryos and RadarOnline.com has exclusively learned the actress is demanding that the nasty lawsuit move forward!
Loeb and Vergara have been battling it out in court for over two years — the couple planned to have children via a surrogate and went through the IVF process. But when they broke off their engagement, the pair still had two embryos.
Loeb sued his Modern Family ex 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 parents needs the other’s approval.
In court documents exclusively obtained by Radar, Loeb pleaded with the judge to give him extra time to file his motions. He claims Vergara has used questionable legal tactics to delay the case and attempt to give herself an unfair advantage.
Loeb says if the current schedule for the parties isn’t changed it would provide “irreparable harm,” to him and unfairly provide the actress with extra time to oppose his motions, while only giving him three business days to reply to her opposition.
“Plaintiff should not be rewarded for her tactics designed to circumvent the original briefing and hearing schedule,” the documents state.
The motion seeks to move the current May 5 deadline for him to file motions to May 19. Loeb argues he could lose the case and not be awarded the embryos, which he called his “daughters.”
Vergara argues that Loeb was served in February with the legal documents and chose to wait a full two months to even respond. She calls his request “premature, unnecessary and harassing.”
The actress wants Loeb shut down and the case to proceed as scheduled.
Stay with Radar for updates to the case.
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