Lindsay Lohan

David Tonnessen/

Lindsay Lohan may want to play the recovery card on this one.

A federal judge has ordered the rehabbing actress and all other parties to appear in court tomorrow for a settlement conference with regard to a lawsuit filed against Lohan's fashion company, 6126, E! News confirmed Monday.

But whether Lohan will actually show up—and whether the judge will be OK if she doesn't—is another story.

Phillip Nevinny, attorney for the plaintiff, exclusively tells E! News that it should be "interesting" to see what U.S. District Judge Jay Ghandi does, considering everyone is technically supposed to show up.

If the settlement talks fall through, he said, they are prepared to take 6126 to trial.

Photographer Scott Nathan filed suit in April, claiming that he was hired in 2008 to take promotional photos of Lohan for her clothing line in return for a 1 percent share of the profits. He alleges that he was never given his 1 percent, nor reimbursed for expenses, and yet his photos—which he copyrighted—were used in 6126 promotions and to hype Lohan's single "Bossy."

Nathan is suing 6126 and Universal Music Group for copyright infringement, fraudulent business practices, breach of contract and other alleged wrongdoing. He is demanding what he says is his rightful share of their sales, plus unspecified damages.

"I think this is an example of yet another corporate entity running over the rights of an artist," Nevinny says. "It is just wrong on every level. We are confident of our position and the truth will come out in trial."

Whether Lohan is there to hear it or not, apparently. A source tells E! News that she is not expected to attend tomorrow's conference.

The 24-year-old actress and fashionista is busy getting her life back together at a Betty Ford Center-supervised treatment house in Rancho Mirage.

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