Actor ROB LOWE has reportedly lost the confidentiality agreement he is using as a qualifying piece of evidence in the lawsuit he has filed against a former nanny, according to her lawyers.
In April (08), the Lowe's former nanny Jessica Gibson filed a lawsuit in California in April (08) alleging Lowe placed his hand inside her "pants in order to touch her crotch" and "grabbed Gibson's buttocks without consent" several times between September 2005 to January 2008.
Gibson also alleges Lowe repeatedly exposed his penis to her, as well as frequently asking her "to touch his penis."
Lowe counters Gibson for violating a confidentiality agreement, defamation and infliction of emotional distress.
However, in court papers filed on Thursday (05Jun08) at Santa Barbara's Superior Court, California, Gibson's lawyers asked the court to dismiss the lawsuit after Lowe's legal team revealed the document was "missing", according to People.com.
The dismissal motion states: "In effect, Ms. Gibson has been sued for breach of a nonexistent contract. The Lowes set out to punish Ms. Gibson ... and intimidate any and all who might want to assert (their rights)."
Gibson, 24, denies she was ever made to sign a confidentiality agreement before or during her time with the Lowes.
But, a source tells People.com, "Everyone who works for Rob knows that confidentiality agreements must be signed. There are plenty people who can verify that Jessica signed one. But after her employment ended, the papers went missing."
When questioned about the "missing" document, Lowe's lawyer Larry Stein answered, "We'll be responding to this in court, which is the appropriate way."
Lowe faces a lawsuit from a second nanny, Laura Boyce, who also accuses the star of harassment.
A hearing on the case is set for 19 June (08).
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