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Celebrity Justice
Dane/Gayheart Sue Over Nude Romp Video

Posted Sep 23rd 2009 4:53PM by TMZ Staff

Eric Dane/ Rebecca Gayheart Eric Dane and Rebecca Gayheart are looking to settle the score with the website that published their naked non-sex threesome tape.

Dane and Gayheart filed a lawsuit today in L.A. County Superior Court, claiming Gawker.com had not only unlawfully posted almost 4 minutes of the private video that was shot behind closed doors, but "maliciously" distributed the video and included nude shots of the fabulous threesome -- the third wheel was former beauty queen Kari Ann Peniche.

Dane and Gayheart want more than $1 million in damages. Their lawyer -- legal pit bull Marty Singer -- is also asking for an injunction to pull the plug on the video.

UPDATE: 5:30 PM ET: Gawker's publisher, Nick Denton, just twittered his response to the lawsuit: "To quote the great Marty Singer -- Eric Dane's lawyer -- if you don't want a sex tape on the internet, 'don't make one!'"



Tags: Eric Dane, EricDane, gawker.com, lawsuit, maked, nude tape, NudeTape, rebecca gayheart, RebeccaGayheart, threesome, XXX

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(Page 3 of 3) Previous 15 Comments

31. Apparently the tape (DVD, actually) of the incident was leaked from the Los Angeles Police Dept. who took it in as evidence after searching the apartment of the "other woman" Kari Ann Peniche. They may have been investigating the possibility of a prostitution ring headed by Ms. Peniche. On the recording she is seen on a phone, holding a credit card and reading off the number to someone on the other end of the receiver. It also sounds as though Rebecca Gayheart tells her that she was glad that she was able to hook up with Ms. Peniche and not some other girl (from the agency) because they wanted her.

Whatever consenting adults want to pay for, er, I mean do, behind closed doors is their business but just don't videotape it fer God's sake!

Posted at 8:43PM on Sep 23rd 2009 by McSteamy...not so much

32. Oh, please. They made it and they leaked it. Ever since gayheart killed that kid her carreers been in the toilet. Well it wasn't that great before. They go to a nudist beach and she parades around topless in front of the paps. Didn't work. So they think sex tape. No ones does a threesome yet. Lets get a friend. Unfortunately they broke the cardinal rule of sex tapes. No sex. 20 minutes of semi nude talking. The 4 mins the gawker shows is edited out of 20 minutes of boredom. No one on the video even looked like they even liked each other. So now the going to milk again just for people to want to see it. Because it didn't work the first time. Gayheart needs to suck it up. Maybe do softcore or just realize people ain't that in to you once you run over a kid. Be grateful Erics working and go do scrap booking or something. Note they haven't tried to have it removed.

Posted at 9:14PM on Sep 23rd 2009 by Tim P

33. Who gives a sheet?

Posted at 9:16PM on Sep 23rd 2009 by Phishsteak

34. Aw, poor Rebecca. After you kill a child, you get to break your marriage vows, do drugs, make sex tapes and then bitch about it. Then you make a life after you took one. Niiice. Go crawl under a pathetic rock, smoke some more crack and let us read about another celeb death please. If you would have conducted yourself with some class, I would have another opinion, but you didn't. You get what you deserve.

Posted at 10:37PM on Sep 23rd 2009 by K

35. didn't this scandal happen last year? and only now are they suing? lame.

Posted at 10:56PM on Sep 23rd 2009 by no wonder you're single

36. I will never understand why anyone would be so foolish as to do what they did and as disgusting at to put it on film. They set themselves up for this and I don't see how they have a legal leg to stand on. If people are going to do this sort of thing and make a video, they have to know that at some point it is going to be discovered.

Posted at 12:33AM on Sep 24th 2009 by SoonerGirl1064

37. Who are these people? TMZ's gettin' kinda boring lately.

Posted at 3:02AM on Sep 24th 2009 by Whatevah

38.
"If you don't want a sex tape On the internet, don't make one."

Who says this was a sex tape. Their sexes might be hanging out in the open but there was no such play. There hardly wasn't even any malice in it which makes it disgusting.

Nobody will buy that video as it is, if at all.

Hope they learn how to make a real sex tape (Hint: Call Paris Hilton for some guidance and consultation and then load your medicine cabinet with a whole lot of Valtrex, pronto!) in the future, probably, when their careers aren't as hot as it is now. Or is it?

Posted at 4:25AM on Sep 24th 2009 by toekneegee

39. Hi all, welcome to viet nam

Posted at 8:58AM on Sep 24th 2009 by Hoàng Đức

40. After seeing them nude, I am so turned off by how disgusting his penis looks and how unattractive they both are! Sick!

Posted at 10:58AM on Sep 24th 2009 by GrossPenis

41. I thought her tits looked pretty nice.

Posted at 12:14PM on Sep 24th 2009 by Josh

42. Whatever! They both suck hard!

Posted at 2:34PM on Sep 24th 2009 by Rupert

43. Who are these people? and why does anyone care? I've never heard of either of them....

Posted at 8:28PM on Sep 24th 2009 by Tony

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