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Judge Bars Anna's Breast Video
How's this for firming up a ruling?
A Los Angeles judge has extended a temporary restraining order barring a Texas plastic surgeon from trying to profit from a 1994 videotape showing Anna Nicole Smith undergoing a boob job.
Superior Court Judge Mitchell L. Beckloff issued a permanent injunction Friday at the behest of the late Playboy Playmate's lawyer, Howard K. Stern, against Dr. Gerald Wayne Johnson, prohibiting him from attempting to sell, distribute or disseminate the lurid footage, which showed him performing the breast augmentation operation.
Stern filed suit on behalf of Smith's estate earlier this month, alleging the physician violated numerous state and federal laws by filming the model without her permission when she went under the knife at age 26, then trying to sell it to an L.A.-based memorabilia broker after she died of an accidental drug overdose in February.
Johnson argued that he typically obtains his patients' permission to film such surgeries and promises to keep all videos private "during a patient's lifetime."
Beckloff issued his initial order, which also blocked Johnson's wife, Alana from disseminating the footage, on Aug. 3. As part of Monday's permanent embargo, the judge also instructed the couple to hand over the original videotape, as well as any copies that have been made, to Smith's legal eagle, who's also the executor of her will.
According to a Los Angeles wire service report, Beckloff was hesitant to include Alana Johnson in the permanent injunction since she hadn't yet been served in the case. However, after a court official stated that the doctor's missus nearly got into a high-speed chase in an effort to avoid being given court papers, the judge decided that she was being evasive.
Beckloff set a hearing for Sept. 14 to get a progress report on whether Alana Johnson had been served or not.
Stern's lawyer, Vivian L. Thoreen, was not available for comment. Neither the Johnsons nor their lawyer were in court for the judge's decision.
[UPDATE: On Sept. 14, Beckloff issued a preliminary injunction against Alana Johnson, saying he believed "by a clear preponderance of the evidence, she is evading service." A hearing is scheduled for Sept. 26 on other issues in the case, including the possibility of setting a trial date in the matter of the permanent injunction.]
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