In 1994 Anna Nicole Smith underwent breast augmentation and Dr Gerald Wayne Johnson taped the whole thing. Now Smith’s de-facto spouse, almost “baby daddy” and defender, Howard Stern, has taken Johnson to court to prevent the sale and distribution of the tape.

Stern claims the tape was made without Smith’s consent or knowledge and asked for, and received, a restraining order from L.A. Superior Court Judge Mitchell F. Beckloff to prevent “any dissemination, distribution or sale of the tape.”

Johnson claims that patients are routinely filmed, with their knowledge and consent, and that he retains all rights to the film which is then kept confidential during the lifetime of the patient.

A hearing into the matter will be held June 22.

Smith died in February of a drug overdose. She was 39 at the time.

Read full story of Anna’s death.

Filed under Celebrities