Arianne Jordan, Frey's Los Angeles attorney handling the lawsuit against Schmidt, refused to comment or provide a copy of the draft order. An employee at her firm said Jordan planned Wednesday to submit the draft for the judge to sign.
Schmidt said: "There is a distinct possibility that we will be reaching settlement of this entire issue very soon. I can't elaborate."
Reading from notes she took at Monday's hearing in U.S. District Court in Los Angeles, Allred said Judge George King ruled that Frey is likely to win the civil lawsuit.
King weighed Schmidt's First Amendment free-speech and free-press rights against Frey's constitutional right to privacy. Frey's lack of consent to distribution of the photos tipped the balance, Allred said.
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Lawsuit likely to succeed
"The hardship is sharply in favor of Ms. Frey," Allred quoted King as saying. "In addition to (Frey's) likelihood of success, there is a likelihood of irreparable injury if the preliminary injunction is not granted."
The judge said such injury "could not be adequately compensated by (money) damages" if Frey prevails, according to Allred.
The pictures were taken in 1999 for a "test shoot" at a photography studio, according to the lawsuit. Frey was 24 at the time.
Schmidt has said he purchased the photos from the photographer earlier this year and attempted to sell them to Larry Flynt for publication in Hustler magazine. In earlier interviews, Schmidt said he had a legally binding model release for the photos.
A national tabloid newspaper also published some of the photos with sensitive areas obscured. Allred said Frey has not decided whether to sue the newspaper, as well.
"I hope they will take Ms. Frey seriously and understand that she is going to do what she needs to do to protect herself," Allred said. "People doing this for profit or ratings or some commercial motive, whatever the reason, they shouldn't do it, and should respect her right to privacy."
For similar reasons, she said, Allred continued to refuse to confirm Frey's pregnancy. A source said she is about five months along.
Bee staff writer Garth Stapley can be reached at 578-2390 or firstname.lastname@example.org.