PANAMA CITY — Joe Francis’ Panama City lawyer stated in a motion this week that the plaintiff’s deposition will be all he needs to get himself out of a civil lawsuit.

Brittany Pitts of Georgia sued Francis and his company “Girls Gone Wild” last year, saying she was 16 years old when she was filmed flashing her breasts in Panama City Beach.

Attorney Jean Marie Downing wrote in a motion Wednesday that Brittany Pitts told the lawyers she was filmed in Panama City Beach between March 30 and 31, 2002, not April 2003 as the lawsuit contends. Downing said Pitts also said she received alcohol from a Downing wrote. “He was not present at the filming in Panama City Beach and never met plaintiff Brittany Pitts.”

Downing’s motion was asking a judge to quash a planned deposition of Francis that was scheduled for this week. She followed that motion with a supplement saying the plaintiff had withdrawn her deposition subpoena of Francis after he supplied some financial records.

Downing, however, indicated in her first motion that she intends to file a motion asking a judge to remove Francis from the lawsuit after Pitts signs her deposition, making it official.

A trial in this case is scheduled for August.

According to the motion, Pitts said she didn’t realize her image had made it onto a “Girls Gone Wild” video cover until 2007. After her fiance pointed it out, Pitts said she researched “Girls Gone Wild” on the Internet, saw a picture of Francis and thought she had seen him before, Downing wrote.

Downing said logs from Francis’ private jet show he was celebrating his birthday at Lake Tahoe, Calif., at the time of Pitts’ filming.

“It has become quite clear that defendant Joseph Francis is not a proper party to this action,” Downing said.