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EXCLUSIVE!

Sam Sitting Out Britney-Restraining Hearing

Sam Lutfi, Britney Spears, Lynne Spears Fame Pictures Inc.

Sam Lutfi is remaining on the sidelines.

E! News has learned that Britney Spears erstwhile manager and right-hand man will not be appearing in court Wednesday to fight the restraining order that keeps him away from the pop star.

"He's not going," says a source familiar with the case.

Papa Jamie Spears originally requested a restraining order against Lutfi on Feb. 1 barring him from coming within 250 yards of Britney or having any contact with her.

In a declaration accompanying the restraining order application, mother Lynne Spears accused Lutfi of attempting "to take control of [Britney's] life, home and finances."

"Mr. Lutfi drugged Britney," Lynne Spears' affidavit read. "He has cut Britney's home phone line and removed her cell phone chargers. He yells at her. He claims to control everything—Britney's business manager, her attorneys, and the security guards at the gate."

Attorneys for attempted to find and serve Lutfi, but failed to track him down for weeks. Finally, after he was properly served, Lutfi agreed on March 17 to have the restraining order against him extended until Wednesday's hearing.

"He respects Britney, he respects the temporary restraining order and everyone is beating him up for no reason," Lutfi's publicist said after the hearing. "Enough is enough."

Meanwhile, attorneys for the conservatorship overseeing Britney's estate signaled there might be a détente.

"Mr. Lutfi and Mr. Spears are in discussion that may resolve the issues presented in the TRO application," they wrote in a court filing last month.

While Lutfi has filed a motion stating he objected to having Superior Court Commissioner Reva Goetz presiding over his restraining order hearing instead of full-fledged judge, he has done little to argue against the allegations raised in the restraining order in court.

And with Lutfi not planning on attending Wednesday's hearing, it appears again that once again these charges will go unanswered—and his chances to reconnect with Britney anytime soon slim.

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