
But that was before the parties agreed on the ESI protocol. At the time, Lively's side was trying to get Freedman to agree to the protocol because they wanted all parties to begin producing documents and were also trying to get Freedman to agree to a proposed date of all parties first production, which he also would not due. While Lively had not begun producing docs before the ESI protocol was agreed to, and while I don't know for sure because I can't see the correspondence, the record strongly suggests to me that the Lively parties began producing around the date of the first production date they had teed up and tried to get Freedman to agree to (was it end of April? Early May? I can't remember). That's because they are building a record to complain about later given Freedman's lack of production, and will be comparing their own production against Baldoni's etc. |
The real issue with Lively’s latest MTC is that I’m not sure the judge will know what to do with it. The lively parties aren’t clear about what they want and seem to be largely using the motion for PR to accuse the wayfarer parties of “clandestine communications.” The communications were apparently so untraceable that the lively parties don’t know what to ask for so they want everything. Nice try. Based on the judge’s previous ruling on phone records, I can’t imagine he will go for this. Most likely BF’s response will lay out more reasonable parameters and the judge will go with that. |
As you said, you don’t know. The fact is that from the beginning the lively parties have been more aggressive in filing motions, including frivolous ones like their motions for sanctions against everyone except Baldoni for daring to sue them. That doesn’t mean they’ve been more cooperative. |
I'm just telling you what I'm seeing from the clues in the party email communications as someone who deals with discovery disputes all the time. Lively wouldn't have been trying to get Freedman to agree to a production date if they weren't going to be ready to produce themselves; they would have let Freedman draw it out. Gottlieb etc. have been acting like they're carefully building a record that they can reference when they complain about it later. That's my prediction here -- that at some point in early July or so we'll see another MTC complaining that Freedman hasn't provided the requisite documents responsive to the requests as required by the CMO. I'm not sure Freedman's team of a few lawyers is really keeping up with Lively's on getting the ROG/RFP responses in on time, having them actually be responsive, reviewing Lively's responses to same, and actually providing the agreed upon materials. Lively's team probably has dozens of associates and partners working on this between all the firms, but Freedman seems to just have four or five; I'm sure Freedman has far fewer lawyers (and they only have the Freedman firm and Meister Seelig) and yet they have just as much if not more to do. I suspect they're not keeping up. To me the purpose of the sanctions motions are to emphasize the paucity of evidence on the claims at issue, emphasize Freedman hasn't amended the complaint as promised, and so build the record that dismissal of the claims at issue in those motions should be granted with prejudice. We'll see if it pans out or not, but it does give the judge a full record to work with. |
Another litigator here. You know nothing about the actual status of discovery in this case, pathetic speculation. |
Oh fascinating. /s Is this litigator mom? Or Yale Law mom? Or just little old Arlington mom? Or maybe you’re fact checker to multiple publications mom? When is your contract up? |
Is Baldoni personally suing Blake and Reynolds or do celeb couples like them have fat insurance policies to shield them that will pay out for something civil like this? I just seriously doubt if Blake and Ryan have access to $100M liquid if Baldoni, et al win a Hulk Hogan-sized judgment. |
They are being sued personally but I wonder if they have insurance for personal injury that might cover this. Idk |
Last time y’all tried to figure out who was who over here we lured out your “they’re tracking our IP addresses!” lady. I’d worry about what other oddballs you’ve got over there, personally. Recap of this week: 1. Lively drops her emotional distress claims. Lively can’t claim those monetary damages, but also Freedman doesn’t get to use her doctors to say she has various mental health issues as happened with Amber Heard. Freedman’s motion to compel these records is denied. 2. Two additional amicus briefs supporting Lively are filed including one on the constitutionality of 47.1 and another on DARVO tactics used by abusers (consistent with filing harassing defamation claims). 3. Vituscka files declaration clarifying Sloane didn’t say Baldoni sexually assaulted or harassed Lively, potentially killing Baldoni’s defamation claims against her. Also agrees to fork over 6 months of communications with Freedman. It’s like a Reverse Swift, without the struck pleadings! 4. Jed Wallace asks again if he can please just take his ball and go home. 🙏 Decision pending. 5. Liman says Jones gets to keep her tech investigation team’s communications privileged and his footnote makes clear that he has seen Freedman’s argument that the subpoena creates a crime fraud exemption and rejects it here. 6. Baldoni finally gets an amicus! Oh wait - |
News of the week — Blake drops a significant part of her claim. All the rest is just normal discovery issues. The amicus won’t matter at all, but when your best friend makes it publicly clear you are a liar, I guess they make you feel better. |
"Every single thing that happened this week except one thing is bad for Baldoni. That one thing is *super* important, but every bad thing, including a reporter agreeing to send over all his communications with Baldoni's unorthodox lead counsel, is just weird discovery issues. Yeah." |
That was sarcastic. We know who’s over here. And you were the one who set up the ‘Baldoni fans are nuts and think we’re tracking them!’ by pretending to be a pro JB poster who was crazy. Sometimes you like to be neutral too ‘I’ve never been a fan of BL but…’ sometimes you like to be a pro JB over the top misogynist, so your partner can then chime in’ ‘how can you support someone who has supporters like this??!’ By now, the regulars on here all can you tell the Lively posters style, so just stop. |
I’m just waiting for Taylor Swift to make a move. Blake screwed her pretty badly and TS is the most petty person on the planet. No way she’s going to let it go. And yes, her distance sends a message, but it’s very passive. I want her statement move! I’m her for drama |
Hey, you sound delusional enough that maybe you ought to write in an amicus brief for your pal Justin! Just a thought. |
So much of this is so twisted. |