A motion seeks to dismiss the suit against Fogle with prejudice, meaning the victim and her parents can never sue Fogle again for the same grievance

By Chris Harris
October 20, 2016 06:20 PM
Credit: Michael Conroy/AP

One of the alleged underage victims of disgraced former Subway pitchman Jared Fogle has filed a motion to drop her civil suit against him, PEOPLE confirms.

In court papers filed Thursday and obtained by PEOPLE, Fogle’s victim agreed to dismiss — with prejudice — the suit she and her parents filed in March for emotional distress. They alleged that Fogle received video footage of the girl that was captured while she was changing clothes.

Fogle filed a counter-claim against the girl and her family in September, alleging that her parents’ negligence and their “hateful and abusive relationship toward each other” were actually to blame for any distress.

He later appeared on a witness list for the civil trial.

By dismissing the suit with prejudice, the victim and her parents agree never to sue Fogle again for the same grievance.

A judge still needs to sign off on the request.

Fogle was sentenced in November to more than 15 years in federal prison after pleading guilty to distribution and receipt of child pornography and traveling to engage in illicit sexual conduct with a minor.

The lawsuit, which sought $150,000 in damages, was filed by a frequent visitor to the home of Fogle’s former business partner, Russell Taylor, between 2011 and 2015.

The suit alleged Taylor used secret cameras to film her bathing and undressing inside his home. Civil action will also be dropped against Taylor and his wife, Angela.

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The suit alleged that Taylor — who was sentenced in December to 27 years in prison on a number of child pornography charges — shared the videos with Fogle.

The suit further alleged Fogle and Taylor “had knowledge of the presence of hidden cameras throughout the Taylor residence and knowledge that said hidden cameras were being used with the intent that they would capture various minors changing clothes, showering, bathing, or engaging in other personal and private activities.”

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Taylor then allegedly distributed “sexually explicit images of Jane Doe and videos of Jane Doe and other minor children to Jared Fogle,” according to the lawsuit.Taylor allegedly used cameras hidden in clock radios placed in bathrooms and bedrooms to film several underage children in various stages of undress, according to the suit.