It’s a victory for Sofia Vergara in her frozen embryo case, and court battle with ex-fiancé Nick Loeb.

According to the New York Post’s Page Six, a federal judge has thrown out the case after Loeb was battling in court to have the embryos shipped to Louisiana because he wanted to use them to become a father.

Sofia underwent IVF treatment and froze her eggs in 2013 when they were still a couple. However, the state of Louisiana is reportedly the only state that rules embryos have legal rights of their own, so a judge has decided that they are citizens of California because that is where they were conceived.

Seems like Loeb will not be able to obtain the custody of Sofia’s embryos.