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Girls Gone Wild - Joel Francis Claims Victory over Ashley Dupre after trial no show

Ashley+Alexandra+Dupre in Yigal Azrouel - Front Row - Fall 09 MBFW

Ashley Dupre attends the Yigal Azrouel Womenswear Fall 2009 fashion show during Mercedes-Benz Fashion Week at The Promenade in Bryant Park on February 13, 2009 in New York City. (Photo by Amy Sussman/Getty Images for IMG) *** Local Caption *** Ashley Dupree (Getty Images)more pics »

“Girls Gone Wild” porn purveyor Joe Francis' claimed victory in a lawsuit filed by Ashley Dupré, after the comely call girl failed to show for scheduled deposition in Florida. Francis claims she was giving up on the $10 million suit and would also soon apologize to him for filing it. But Dupré is still pursuing the case, her Florida lawyer Richard Wolfe says. The deposition was only postponed, apparently in an effort to reach an out-of-court settlement.

Francis made the claims in an “exclusive” interview with “Access Hollywood.” He told the tabloid television show: "She is [going to be] a no show. Her lawyer said she is dropping it and going to issue an apology to me.”

But Wolfe told the show the deposition was postponed “weeks ago.” He said he planned to take a three-week vacation and if the case wasn’t settled before then, the deposition would be rescheduled. Separately, a source also told "E! News" that Dupré’s suit is still alive and well.

Dupré sued Francis in April for unjust enrichment, cyber squatting and violations of Florida's unfair competition statute and its unfair trade practices act for trying to peddle “Girls Gone Wild” video footage from 2003 that included Dupré. She appeared in the video before her liaisons with former New York Gov. Eliot Spitzer made her a household name. The film may have been shot while she was only 17, and therefore, still a minor. It shows her topless and nude taking a shower among other raucous party scenes.

At the time Francis discovered that he had footage of her, he said he would release the tape. In the federal suit, which was file in Miami, Dupré says she never gave GGW permission to use her name or likeness to market videos of her. Dupre says in the suit that GGW reps callously exploited her by illegally getting her drunk and coercing her to strip and dance nude at parties they staged.

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