Attorney: Rob Lowe Can't Find Confidentiality Agreement

06/06/2008 at 03:25 PM EDT

Attorney: Rob Lowe Can't Find Confidentiality Agreement
Ex-nanny Jessica Gibson and Rob Lowe
NBC; Kathy Hutchins/Hutchins Photo
Rob Lowe, who is suing a former nanny for allegedly violating a confidentiality agreement, now can't find the document, the nanny's lawyer says.

Jessica Gibson, 24, who denies ever signing such an agreement, asked the court to dismiss the lawsuit after a Lowe attorney revealed the document is "missing," according to court papers.

"In effect, Ms. Gibson has been sued for breach of a nonexistent contract," says her dismissal motion, filed Thursday in Superior Court in Santa Barbara, Calif. "The Lowes set out to punish Ms. Gibson ... and intimidate any and all who might want to assert (their rights)," the papers add.

Lowe's attorney Larry Stein would only say, "We'll be responding to this in court, which is the appropriate way."

According to the nanny's motion, Lowe's lawyer said in a letter dated May 23 – two months after Lowe's lawsuit was filed – that the confidentiality agreement "is missing."

A source close to Lowe says, "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."

On April 14, Gibson countersued the actor and his wife Sheryl for sexual harassment, claiming he groped her and exposed himself. On April 30, a second nanny, Laura Boyce, also filed suit for harassment.

The Lowes deny their allegations.

A hearing on the case is set for June 19.

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