August 26, 2017 09:00 AM

A judge in Louisiana threw out a lawsuit Friday filed by Sofia Vergara‘s ex-fiancé Nick Loeb for custody of pre-embryos they conceived together.

The motion is a win for the Modern Family star, 45, who filed a suit in February to block Loeb, 41, from using the frozen pre-embryos while they were together in 2013. They split a year later.

TMZ first reported the story, writing that the judge determined the court had no jurisdiction in the case because the embryos were conceived in California, and neither Vergara or Loeb had permanent ties to the state.

The judge noted Loeb’s decision to file in Louisiana was likely due to the state’s laws concerning unborn children, TMZ reported.

Loeb attempted to gain full custody of the embryos in order to bring them to term in California but then took the case Louisiana where, as the judge noted, the laws were more favorable to the rights of an unborn child.

In the suit Loeb claimed they had dated and made plans for their future while living in Louisiana briefly, TMZ reports.

Vergara and Loeb ended their engagement in May of 2014. The actress, who has an adult son, Manolo, wed actor Joe Manganiello in November 2015.

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