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'Dating Naked' producers file motion to dismiss nudity lawsuit

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In August, Dating Naked contestant Jessie Nizewitz filed a lawsuit against VH1 operator Viacom and production companies Lighthearted Entertainment and Firelight Entertainment claiming that the show flashed her crotch when she was wrestling with another contestant on the beach. Nizewitz claimed she’d been humiliated on social media following the event and therefore sued for $10 million.

But on Thursday, the producers fired back. Viacom filed a motion to dismiss, followed by Lighthearted Entertainment and Firelight Entertainment doing the same.

According to the motion, Nizewitz had told producers during her casting process that she had previously worked as a stripper and that “[t]he nude thing really isn’t a big deal to me.” The motion goes on to say that Nizewitz signed three agreements “in which she expressly and repeatedly agreed (no fewer than twelve times) that she would participate and be filmed fully nude; that the footage could be exhibited and distributed without restriction; that the producers would have sole discretion in how the footage was edited; that she waived any right to sue over her appearance on the show; and that she would be liable for attorneys’ fees should she sue in violation of her contract.”

Those three contracts make up the basis of the producers’ case, precluding any type of oral contract Nizewitz might claim to have made.

The motions ask the court for complete dismissal and to cover attorney fees.

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