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A dismissal motion brought by the attorney for 24-year-old Jessica Gibson alleges that since Lowe cannot produce an alleged confidentiality agreement signed by the former nanny, the actor's lawsuit against her should be dismissed, People magazine reported Friday.

"In effect, Ms. Gibson has been sued for breach of a non-existent contract", the Santa Barbara Superior Court dismissal motion reads.

"The Lowes set out to punish Ms. Gibson ... and intimidate any and all who might want to assert (their rights)."

A source close to the "Brothers & Sisters" actor alleged that Lowe and his wife Cheryl routinely use confidentiality agreements with their employees and that Gibson signed one of the documents.

The actor and his wife are suing Gibson for allegedly violating the missing agreement, while Gibson has countersued the couple for alleged sexual harassment, People reported.

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