Next try, this was indeed a win for Team Baldoni as Blake is going to have to withdraw her claims with prejudice or be barred from producing any evidence about emotional distress. |
Seems to have gone under the radar, Wayfarers opposition to Rule 11 sanctions https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.263.0.pdf
Probably as dry and straightforward a doc as we've seen from them. Regarding his comments about Lively testifying at MSG, simply notes statements outside court should not be considered. |
It was in Freedman’s court to discuss during the meet and confer, but he declined even to raise it and filed his motion as soon as the call ended (having already leaked the story to tabloids). Are you a lawyer and does that sound normal to you? It is not to me. |
That’s not what the judge’s order says, but keep relying on randos from Reddit. 👍 |
Poor Brett Douglas McDowell trying ever so desperately to be relevant. |
Who?? |
Nope, I was going off the judge’s direct language: For avoidance of doubt, if the claims are not dismissed, the Court will preclude Lively from offering any evidence of emotional distress. Baldoni won’t agree to dismissal with prejudice and I don’t think the judge will either. |
The pro se Dogpool guy filed a letter saying dropping these emotional distress claims makes settlement seem imminent and please rule on my issues before you decide anything. Dude. Have a seat and take a number. This is going to be a while. |
Number one, the judge’s order actually says he won’t allow evidence of emotional distress if the claims remain in the case. But I think that’s a typo. I think the court is saying that whether the claims are dismissed with or without prejudice, the f they are dismissed from this suit either way, he won’t allow in evidence of Lively’s emotional distress. So I think your statement is wrong. |
That seems wrong, because if he wasn’t open to considering dismissal without prejudice at this stage, seems like he certainly wouldn’t have invited Luvely to submit a new motion requesting same. He may ultimately reject it, but he’s open to it (and dismissal w/o prejudice is common where SOL hasn’t yet run and no MTD is pending). |
lol he's certainly on the ball, but this is crazy... any whackjob can just add stuff to the docket? |
I disagree, he could have dismissed without prejudice today if he really wanted to stick it to Baldoni. It’s a warning to Gottlieb, either sell Freedman on dismissal with prejudice (ie. By agreeing to certain discovery in advance if claims are brought in future) or risk a dismissal with prejudice from me. This is not a situation where the claim needs to be repled for clarity, where a dismissal without prejudice would be customary. Lively is refusing to produce certain types of evidence and the normal consequence for that is losing the ability to bring a claim relating to such evidence altogether. |
I think the language is right. He is saying no evidence will be admitted given her refusal to produce evidence concerning such claims. |
From Daily Mail
Blake Lively has suffered another courtroom blow in her ongoing legal battle with Justin Baldoni after a New York judge threw a curveball in her attempt to withdraw her 'emotional distress' claims against the actor. Court filings obtained by the Daily Mail reveal the two parties had been slugging it out over the actress's claims that her co-star had caused her emotional distress, with Baldoni's team demanding she provide proof from her medical records. But Lively's team instead attempted to quietly drop that element from her blockbuster lawsuit on Friday but, critically, without prejudice – meaning the claim could be refiled at a later date. In a letter filed on Monday, Lively argued that she voluntarily sought to withdraw the claim in 'good faith to streamline the dispute', and filed a motion to block Baldoni's request for her medical records. Now, the Daily Mail can reveal that Judge Lewis Liman on Tuesday agreed to deny Baldoni's demands for her medical records based on Lively's decision to drop the claims, however, he also ruled that both sides will now have to negotiate whether her emotional distress element will be dismissed from the case permanently. In another blow, Judge Liman said even if the claims are not dismissed, Lively's team will no longer be able to produce evidence of emotional distress in court. |
I think he’s just trying to reduce his burden |