Joe Francis, Ashley Dupre

Michael Bezjian/

The game is still on as far as Ashley Dupré's camp is concerned.

A source tells E! News that the notorious New Yorker's lawsuit against Girls Gone Wild founder Joe Francis is still alive and well, despite Francis' earlier claim that she was abandoning her effort to extract $10 million from his flesh-fueled empire.

The often legally engaged entrepreneur told Access Hollywood that Dupré's attorney had informed him that she would be a "no-show" for her scheduled deposition Wednesday and would then be dropping the case and "issuing an apology to me."

To which Dupré's attorney replied, Um, not so fast.

"The deposition was postponed weeks ago," Florida-based lawyer Richard Wolfe said Tuesday. "I am going on vacation for three weeks, and when I return, we will reset a new date. And if they settle, they settle."

A rep for Francis didn't immediately respond to a request for comment.

Dupré sued Francis in April for unjust enrichment, cybersquatting and violations of Florida's unfair competition statute and its unfair trade practices act for trying to peddle barely legal footage of her shot in 2003 after she unintentionally made a name for herself this year when ex-New York Gov. Eliot Spitzer was caught frequenting an NYC escort service where Dupré worked.

—Additional reporting by Marc Malkin

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