
DP Interesting. The PR campaign is being noticed and commented on by Tik Tok as well. https://www.reddit.com/r/teamjustinbaldoni/s/tWCY1gixCG |
This person is wearing bunny ears. |
Lady, Jeff specifically came in here and told you there was not a sock puppetting problem and stop bugging him about it, and your counter to this is this bizarre TikTok person? She came on screen and I just noped out. |
Attorney Maxwell Breed has filed a response on behalf on the two non-party TAG employees/former employees, here: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.358.0.pdf
These are the TAG people who Lively offered to pay the costs of hosting and producing their docs to enable them to produce them, but later could not agree on terms and dates etc. I thought a little fun thing about this is that his deadline is today, and he filed his letter after hours, at like 9:30 EST. His letter refers to a declaration and nine exhibits, which were not attached. So it was weird when nothing more got filed on the docket until about 15 minutes ago: The declaration! So he and/or his paralegal have about 45 minutes to get those remaining 9 exhibits filed. Unless there is some lag between CourtListener and Pacer (I haven't noticed that before). Good luck Mr. Breed! |
Stop being so defensive! People are allowed to comment on things. Relax |
Dp, but that wasn’t what Jeff said at all except for the stop bothering him point. But the rabid Blake supporters twist everything to mean only what they want it to mean. |
Who's being defensive? You attached your post to Jeff's "there is no sockpuppeting here" comment and a follow up, so presumably this was a response suggesting there's sockpuppeting etc afoot (haha). It seems weird as a response to that. Maybe Breed's 9 attachments are just part of his filed declaration, as follow ons. Can't tell because it's not available yet. I don't think so though because it's only 60 cents, where as it should be more than 9 pages if the exhibits are in there too. |
His letter seems pretty reasonable TBH. |
So I didn't get a chance to really read this today. I had commented last week when Lively made the motion that it felt like they were trying to drop some Taylor Swift stuff on a Friday and kind of pull a Freedman to make a point in the press (that Freedman got nothing from Swift), and were in territory her lawyers aren't that comfortable with. The reasons given by Liman for Lively having to turn over the Swift texts include "Lively herself has identified Swift as someone likely to have knowledge about complaints or discussions regarding the working environment on the set of It Ends With Us. ... Given that Lively has represented that Swift had knowledge of complaints or discussions about the working environment on the film, among other issues, the requests for messages with Swift regarding the film and this action are reasonably tailored to discover information that would prove or disprove Lively’s harassment and retaliation claims." In Lively's reply motion from today https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.354.0.pdf it says Lively added Swift in after the articles about Wayfarer saying they got everything. The bolded part seems like a pretty big mistake from Lively's team? The judge's order reads like he may not have required them to turn over the texts if Swift hadn't been identified by *Lively* as a person with knowledge. Since she did identify Swift, then it's not unreasonable to ask for texts regarding IEWU and the lawsuit. From the motion: As to Ms. Lively’s motion for a protective order, the Wayfarer Parties argue that Ms. Lively is “bound” by her amended initial disclosures to produce all non-privileged communications with Ms. Swift. They provide no authority for that proposition.3 If including an individual on a party’s initial disclosures binds a party to produce all “non-privileged communications” with that individual, the Wayfarer Parties would have agreed to produce all communications as between each of the Wayfarer Parties, on the one hand, and the 137 non-Wayfarer Parties identified on their initial disclosures on the other. They have not. Instead, Rule 26 contemplates initial disclosures as a mechanism to ensure timely disclosure of names and identifying information for “each individual likely to have discoverable information….” Fed. R. Civ. P. 26(a)(1)(A)(i); Freeman v. Giuliani, 2025 WL 81370, at *4-5 (S.D.N.Y. Jan. 13, 2025) (Liman, J.). To be clear, Ms. Lively supplemented her initial disclosures to include Ms. Swift after the public representations that the 2 Wayfarer Parties “got exactly what they were seeking,” were “provided … with everything that they needed,” and “got exactly what they were hoping for and much more” in connection with Ms. Swift4 —which suggested that they would be producing information in connection with the case. This bait-and-switch cannot provide a basis for the Wayfarer Parties to obtain discovery on what the Wayfarer Parties supposedly already had. See Fed. R. Civ. P. 26(e). |
Interesting point, did not realize that Swift wasn’t added to Lively’s initial disclosure relatively recently, |
Way to misrepresent!! Lively’s request noted that an insider source had made the claims Wayfarer got all they needed and Lyman found that was not a basis for her claim of duplicative discovery.
|
Liman's finding was that it wasn't duplicative because Wayfarer got no communications from swift. That's in the order. And further, that Lively needs to turn over what she has, because she identified Swift as a person with knowledge, and Wayfarer is asking for communiactions directly related to the case and the movie. The argument from Lively really didn't make sense. |
I still don’t understand the purpose of the motion, it had no chance of success. I think it was an attempt to find out what Venable may have told or shown to Freedman but it wasn’t even framed well for that. |
She tried a Hail Mary and it failed |
I don’t think he’s correct that Lively’s offer to pay the costs of hosting and producing the docs for the production means that the requests as written were overbroad. I think it just means Lively wants a real production with metadata and not a bunch of screen shots of texts. I do agree it’s overbroad to require texts on which parties are included, and thought Lively agreed not to include those. But then Breed also demanded nothing from after 12/2024 be produced! Liman has already agreed Lively should get communications from after the lawsuit was filed, from the party PR reps, anyway. So I think he’ll be required to produce the later tests. |