Sloane's Reply to her MTD Wayfarer's counterclaims was filed late yesterday: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.60.0.pdf
Again focusing on lack of evidence provided to support their claims, suggesting a push to dismiss with prejudice: "Leave to amend 'should generally be denied in instances of futility, undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, or undue prejudice.' United States ex rel. Ladas v. Exelis, Inc., 824 F.3d 16, 28 (2d Cir. 2016). Wayfarer has already amended its counterclaims once, after Plaintiffs moved to dismiss them. Any amendment by Wayfarer, which has long had knowledge of the brunt of the facts underlying its claims—for more than nine months—and which has already failed to cure the pleading defects in their First Amended Counterclaims, would be futile and is unwarranted. See Kim v. Kimm, 884 F.3d 98, 105 (2d Cir. 2018); Thompson v. Mun. Credit Union, 2022 WL 2717303, at *9 (S.D.N.Y. July 13, 2022) (Liman, J.) ('When the plain language of a contract unambiguously forecloses a plaintiff's claim, a district court may determine that re-pleading would be futile.')." And as always, at least one of the footnotes is on fire: "The closest the Amended Counterclaims come is the vague assertion that Sloane told Nathan that she could expect to be sued 'based on what [Sloane] had already seen and what Jones had told her'—without ever identifying what, exactly, Sloane purportedly 'had [] seen' or 'heard,' let alone alleging she 'had [] seen' or 'heard' any confidential information about Wayfarer. Dkt. 51 ¶ 54. |
You are just wrong no matter how much blather you post. Whether it was 12 hours or 15 hours doesn’t matter. It was not even a full day, and on a Friday night in December. She was apparently working on this piece for weeks or longer. The first thing an editor or fact checker or lawyer overseeing the piece would have said is ‘let’s hear from the other side’. This is standard practice. |
DP, but is this supposed to be some kind of own? Sure the story was written based on the facts they had. They had a lot! You write what you have and adjust with new info if you get any. Seems like Freedman should have come to NYT to discuss his alternative facts if he wanted to actually change the story. But what he wanted instead was for the tabloids to publish his friendlier version, because Freedman subsists exclusively on tabloid goodwill and strong cologne. |
Of course a piece of that length was substantially written. You can't wait until the very last minute to write the article. Everything detailing Lively's allegations, the texts themselves, and the CRD would have been substantially completed. But that doesn't mean Twohey wasn't prepared to write more on Baldoni's response or to edit the rest of the piece had they gotten greater cooperation. They didn't. Where does Twohey say "you have until tomorrow morning"? She doesn't. You are inventing a narrative to fit your beliefs instead of looking at the facts. Baldoni had ample time to reply, and he chose to issue a one-paragraph, generic statement through his lawyer within two hours of receiving the email detailing allegations. What do you think would have happened if Baldoni and Wayfarer had asked for a call the following morning, or even an on-the-record interview? I think NYT would have held the story for that. But we'll never know, because he didn't. Instead they issued their statement and started leaking and attacking Lively in the tabloids. |
Requesting a comment is not the same as asking for an interview. She didn’t interview anyone other than Blake. That isn’t disputed. |
They did try to hear from the other side. They requested comment, and they got a comment. If any of those people wanted to say more, they could have. I guarantee you Twohey would have jumped at the chance to interview any of them. |
Sure, aside from everyone's eyes, ears, gaydar (instincts and intuition), industry he's in, what he texts other men in private, and, you know, him literally making out with other men for no reason, there is nothing to substantiate he's a closeted gay/bi man. And in totally unrelated news, was Blake not briefly bearding for another allegedly gay A list actor before Ryan? Children frankly have nothing to do with anything. Gay and bi men can get it up to create some children and/or use a fertility doctor. |
DP. Exactly exactly exactly. look, this is just not the way long form pieces like this typically play out at places like the NYT. Internal lawyers and editors would almost always be advising the writer for WEEKS to get the other sides perspective, and not just giving them a few hours to respond. They would be sent a list of questions farther in advance, and a good reporter would work with fact checkers and legal to review the responses carefully and dig deeper to see if there was another side. This is standard practice, it just is. 12/15 hours is not enough time. It does not matter if freedman went to TMZ. NYT should not be rushing a story that is not properly investigated based on TMZ!!! Nuts. |
Blake offered an interview. Baldoni didn't. |
Dp. There wasn’t time to say more. They were going to publish. Look, you can blather and deny but I will say again this is not good journalistic practice and everyone knows it |
The delusions of grandeur reach new heights. Now you speak for the NY Times. You wear so many hats. Acclaimed lawyer, crisis PR, consultant, film production and protocol expert, and now you're plugged into Pulitzer winners. Did I miss any? |
They didn’t ask him for one. See the difference? You never ever publish a basically one source story without going to the other side for their perspective, and this mean giving them time to respond adequately and reviewing what they have to say. Not just publishing a denial |
If Twohey wanted to interview them, why didn’t she ask? She had weeks to do this. |
You are wrong about how this works. The article was based on the CRD which wasn't filed until they published. Even if they were aware of what *might* be alleged in the legal filing, they can't go to the other side until they know for sure. They also no doubt had to authenticate the texts (they may have worked with Jones on background to do so). You would want to do all that before you went to Baldoni/Wayfarer because you don't want to be asking them about things that didn't wind up in the complaint or, god forbid, find out the texts or other docs were faked. They had to nail it down before getting the other perspective because that's how you build a story. No editor is going to suggest a reporter go get the "other side" before nailing down the actual allegations first. Otherwise what do you ask? Twohey did this by the book. And there was nothing stopping Freedman from offering a much more extensive statement, getting on the phone with her, etc. Nothing. Twohey would have loved that. It would have made her article better. But it wasn't an option available to her. They started going to other outlets to talk. They just didn't want to talk to Twohey. |
You don't know they "asked" Blake for an interview. Blake was filing a legal complaint and wanted to get her story out there. She reached out to them. Sorry but this idea that Baldoni was shut out because he didn't get an engraved invitation to a formal interview is silly. Twohey contacted everyone on Wayfarer's side individually. They CHOSE to close ranks behind Freedman and clam up. The idea that they had no chance to talk is ridiculous. They all had a chance to tell their side of the story. |