- Associated Press - Wednesday, November 16, 2011

LOS ANGELES (AP) - An attorney for a woman who claims Justin Bieber is the father of her baby boy said Wednesday her lawsuit has been withdrawn as both camps await the singer to take a paternity test.

Chicago-based lawyer Jeffrey Leving told The Associated Press the suit filed in San Diego Superior Court by Mariah Yeater, 20, was recently removed without prejudice. However, the lawsuit could be refiled at a later date. A hearing set for Dec. 15 has been canceled.

“This case was never dismissed. It can be refilled today or tomorrow,” Leving said. “We are trying to settle this matter out of court with Bieber’s camp.”

Yeater claims she had just turned 19 when she and Bieber, then 16, had a brief sexual encounter after one of the singer’s concerts last fall in a backstage backroom at Los Angeles’ Staples Center.

Bieber has said he’s never met Yeater and has denied allegations that he fathered Yeater’s son who was born in July.

Matthew Hiltzik, a spokesman for the teen heartthrob, said Bieber still intends to submit to a paternity test in the coming weeks.

“As we’ve said from the beginning, it’s sad that someone would fabricate such a malicious, defamatory, and demonstrably false claim,” Hiltzik said. “We’ll continue to consider all of our options to protect Justin.”

Yeater has not come forward with any evidence to prove Bieber is the father, but her attorneys insist the paternity test will prove he has a son.

Leving said the media storm that has ensued combined with death threats made to Yeater were the main reasons why the lawsuit was withdrawn.

“I will state right now it’s better that it’s handled out of court which is in the best interests of everybody,” Leving said.

Yeater had to change her cell phone number because of threats made upon her and she was recently harassed by someone who videotaped her as she was walking in a park with her son, Leving said. A private detective has been hired to investigate the threats, but Leving declined comment if Yeater has reached out to police.

Leving believes both camps will sign a confidentiality agreement that will keep the paternity results private but he realizes that scenario may not be possible.

“Hopefully the case can come to a safe and healthy conclusion,” Leving said.

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