Blake Lively- Jason Baldoni and NYT - False Light claims

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Yeah this. I defend Lively at times, but this... the literal whole point of the VanZan bs was so they could say "pursuant to a lawful subpoena blah blah blah." It was not a good faith effort to discover the identity of an unknown Doe. It exists solely to have a piece of paper o point to, so there should be no question of being ready to present it when asked! And the lawyers on that side are generally competent so it's bizarre. Also, who leaked it to the press and why on earth would they do that. Self own?


The New York Times article stated that the texts they reviewed had been obtained by subpoena. That was how the existence of a subpoena was known.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Yeah this. I defend Lively at times, but this... the literal whole point of the VanZan bs was so they could say "pursuant to a lawful subpoena blah blah blah." It was not a good faith effort to discover the identity of an unknown Doe. It exists solely to have a piece of paper o point to, so there should be no question of being ready to present it when asked! And the lawyers on that side are generally competent so it's bizarre. Also, who leaked it to the press and why on earth would they do that. Self own?


The New York Times article stated that the texts they reviewed had been obtained by subpoena. That was how the existence of a subpoena was known.


Yes, but I am referring to whoever sent a copy of the subpoena to, IIRC, Deadline and Daily Mail and allowed them to share details from it but not publish it. That had information like the date, which wasn't in NYT, and by searching the NY docket, someone found the VanZan case lined up, given it was started before the subpoena was issued and withdrawn right before the CRD. Why show that to the media if you're not ready to turn it over? Or if it wasn’t Lively's side, who did?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Yeah this. I defend Lively at times, but this... the literal whole point of the VanZan bs was so they could say "pursuant to a lawful subpoena blah blah blah." It was not a good faith effort to discover the identity of an unknown Doe. It exists solely to have a piece of paper o point to, so there should be no question of being ready to present it when asked! And the lawyers on that side are generally competent so it's bizarre. Also, who leaked it to the press and why on earth would they do that. Self own?


The New York Times article stated that the texts they reviewed had been obtained by subpoena. That was how the existence of a subpoena was known.


Yes, but I am referring to whoever sent a copy of the subpoena to, IIRC, Deadline and Daily Mail and allowed them to share details from it but not publish it. That had information like the date, which wasn't in NYT, and by searching the NY docket, someone found the VanZan case lined up, given it was started before the subpoena was issued and withdrawn right before the CRD. Why show that to the media if you're not ready to turn it over? Or if it wasn’t Lively's side, who did?


Likely someone on the pr side for Lively, or perhaps Jones, who thought it was important to show the subpoena existed and (wrongly) thought media saying it existed would end the inquiry. Gotta think the lawyers only learned of the leak after the fact.
Anonymous
Anonymous wrote:[twitter]
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Aaaand Lively's reps have now released a statement to PEOPLE about the lack of amendment: "The Court dismissed the frivolous $400 million Baldoni-Wayfarer lawsuit in its entirety. In the days that followed, Baldoni's lawyer said the judge's decision to dismiss their case was not a big deal as they promised to amend and refile it. As per usual, that was not true. The Court's dismissal of Baldoni's sham lawsuit was a total victory after all."

Yup. Spot on.


Dp. I think it’s funny to claim ‘total victory’ when Blake has her claims out there and hasn’t proven a thing and in fact there is copious evidence that she lied through her teeth


Here, it’s Freedman who had lied about the dismissal not being a big deal at all because they would refile. Since he never did refile, and every single one of Baldoni’s claims has been dismissed, the dismissal actually was a pretty big deal despite Freedman’s lies to minimize it. Zero remaining claims does mean total victory against Baldoni’s claims.


Are you 12? I thought you claimed to be a litigator? Freedman and any other lawyer representing his client is not required to tell the public his legal strategy, nor is he required to not makd adjustments when he/his client feels they are warranted. It is not a ‘lie’ for them to make strategy changes. You need to grow up. You’re such a petty little snowflake.


You Baldoni supporters are going to defend every dumb mistake Freedman makes right to the end. It’s not a “strategy change” to get on tv and say “of course we are going to file an amended complaint” and then fail to file that complaint. That’s actually just a lie.

Here’s what would not have been a lie, since you and Freedman seem to need the help in telling lies from not lies: when you don’t yet know what will happen, get on tv and say you are “looking at the issue and considering the best options.” That is totally not a lie then! I know, it’s actually that simple. I’m not sure you see how easy it is not to lie to your own supporters, so I hope this helps you and Freedman figure that out!



Again a lot of allegations from lying from the person supporting the parties that filed sham litigation to get early access to documents.

I don’t care about the amended complaint because the defamation claim was the main one. I’m also going to wait a few weeks and see what, if any, other legal measures are taken. This isn’t a reality show and we aren’t owed 24/7 updates on this litigation.


Look, just tell that to your guy, not to me. “You don’t need to get on TV and announce a plan after every major event!” I almost noted that in my response above but I thought it was too obvious.

However, if Freedman *does* get on TV and announce a plan, and then proceeds to do the exact opposite of that plan, it is appropriate to call his announcement on TV a lie. Words have meaning and saying you will do one thing and then doing NOT that thing is lying. 🤷‍♀️


A change in strategy isn’t a lie. Strategy is always client driven.


It’s so strange to me that you guys are defending him for going on TV and affirmatively announcing would take actions that were (1) legally and factually incorrect; and (2) he did not take.

Surely it would have been better and preferable for him not to have made that wrong announcement in the first place and created a conversation and expectation from Baldoni fans that a SAC would happen. Nope, according to you guys, Freedman should lie about what he will be doing in the case as much as he wants, and he always gets take backs because the client must have changed their minds lolol!

Your Freedman loyalty is unflappable. Let’s see if that stays true if Gottlieb can establish Freedman’s involvement in the smear.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Yeah this. I defend Lively at times, but this... the literal whole point of the VanZan bs was so they could say "pursuant to a lawful subpoena blah blah blah." It was not a good faith effort to discover the identity of an unknown Doe. It exists solely to have a piece of paper o point to, so there should be no question of being ready to present it when asked! And the lawyers on that side are generally competent so it's bizarre. Also, who leaked it to the press and why on earth would they do that. Self own?


The New York Times article stated that the texts they reviewed had been obtained by subpoena. That was how the existence of a subpoena was known.


Yes, but I am referring to whoever sent a copy of the subpoena to, IIRC, Deadline and Daily Mail and allowed them to share details from it but not publish it. That had information like the date, which wasn't in NYT, and by searching the NY docket, someone found the VanZan case lined up, given it was started before the subpoena was issued and withdrawn right before the CRD. Why show that to the media if you're not ready to turn it over? Or if it wasn’t Lively's side, who did?


Likely someone on the pr side for Lively, or perhaps Jones, who thought it was important to show the subpoena existed and (wrongly) thought media saying it existed would end the inquiry. Gotta think the lawyers only learned of the leak after the fact.


That's a good theory. And yeah - dumb decision if they thought that would end things instead of put fuel on the fire, haha.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


Lively is not a party in the Joneswork litigation.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


Lively is not a party in the Joneswork litigation.


That's why I wrote "but what's the excuse from Jones? I'm sure they asked her too." The "both sides" is VanZan and Jones.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


I'm PP you're responding to and all we know about Jones is what Garofalo says in her letter brief about the issue (she does not address the Jones RFPs in any way in her sworn declaration). Garofalo says of Jones in the brief that: "Here, Abel did request the
bulk of the documents from Jones in March 2025, but Jones has 'failed thus far to comply.'" Even here, Breen (for Case and Koslow) had the requests for an extra month than Jones did -- February 2025 compared to March. And from this single sentence of description, it's impossible to tell what Garofalo means by "comply." Has Jones produced none of the documents? Or has Jones produced some but not all of them? It does seem like Jones should provide the requested info afaict. Like I said in my original comment, Garofalo's letter brief seemed well written and well sourced to me. I don't even really know what the arguments against providing the info would be, so am interested in seeing the substantive response to this motion. My main point above was in pointing out the fact that the email negotiations were not attached and the request was only made 2 months ago, so the fact that VanZan hasn't produced these docs yet and is also pointing at Jones isn't crazy to me. That said, it does make sense to me that Garofalo would at least want to try to get the docs from VanZan as well as from Jones (especially the info like shareholders that only VanZan has), and I think it was a good idea for Garofalo to file this MTC. I don't know what the judge would decide on the duplicative discovery issue -- Liman did allow it to the limited extent it was requested with Breed, which seemed to involve a limited number of documents. I'm not clear how many "documents" are involved here -- I guess to me it would matter how many documents were involved if you are going to require duplicative discovery, but if feasible I do think some amount of duplicative discovery should be allowed to "check" at least a partial production from one set to another.
Anonymous
Anonymous wrote:Oof, that rabid BL supporter obsessed with Friedman cannot possibly be a mentally stable individual. I'm all for people having a different perspective based on their experiences, background or what they value but the responses are another level. I've narrowed it down to someone who has been in Friedman's orbit and holds a massive grudge, someone who needs mental health intervention, someone compensated for their "organic" participation or a combination of the above.



DP totally agree. A paralegal or Admin from his firm fired for incompetence or something like that who now holds a grudge and is OBSESSED (and unemployed). There’s also the Kat Ortega theory. She’s in love/hate with him.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


I'm PP you're responding to and all we know about Jones is what Garofalo says in her letter brief about the issue (she does not address the Jones RFPs in any way in her sworn declaration). Garofalo says of Jones in the brief that: "Here, Abel did request the
bulk of the documents from Jones in March 2025, but Jones has 'failed thus far to comply.'" Even here, Breen (for Case and Koslow) had the requests for an extra month than Jones did -- February 2025 compared to March. And from this single sentence of description, it's impossible to tell what Garofalo means by "comply." Has Jones produced none of the documents? Or has Jones produced some but not all of them? It does seem like Jones should provide the requested info afaict. Like I said in my original comment, Garofalo's letter brief seemed well written and well sourced to me. I don't even really know what the arguments against providing the info would be, so am interested in seeing the substantive response to this motion. My main point above was in pointing out the fact that the email negotiations were not attached and the request was only made 2 months ago, so the fact that VanZan hasn't produced these docs yet and is also pointing at Jones isn't crazy to me. That said, it does make sense to me that Garofalo would at least want to try to get the docs from VanZan as well as from Jones (especially the info like shareholders that only VanZan has), and I think it was a good idea for Garofalo to file this MTC. I don't know what the judge would decide on the duplicative discovery issue -- Liman did allow it to the limited extent it was requested with Breed, which seemed to involve a limited number of documents. I'm not clear how many "documents" are involved here -- I guess to me it would matter how many documents were involved if you are going to require duplicative discovery, but if feasible I do think some amount of duplicative discovery should be allowed to "check" at least a partial production from one set to another.


Responding to self to hedge that I thought also Liman allowed some duplicative discovery in the Breed issue for Case and Koslow in part because the Baldoni parties had professed to produce documents, some of which included TAG documents, but none of which included documents from Case or Koslow -- which itself seemed to raise the question that party production had been inadequate since it was known that TAG possessed relevant documents that included Case and Koslow in the to/cc lines which TAG had not been produced. That seemed like a good reason for the duplicative discovery to be allowed. I am not sure whether we have that here but you are saying the whole thing is a fraud from the start I guess. I will want to see the response to the MTC I guess.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


I'm PP you're responding to and all we know about Jones is what Garofalo says in her letter brief about the issue (she does not address the Jones RFPs in any way in her sworn declaration). Garofalo says of Jones in the brief that: "Here, Abel did request the
bulk of the documents from Jones in March 2025, but Jones has 'failed thus far to comply.'" Even here, Breen (for Case and Koslow) had the requests for an extra month than Jones did -- February 2025 compared to March. And from this single sentence of description, it's impossible to tell what Garofalo means by "comply." Has Jones produced none of the documents? Or has Jones produced some but not all of them? It does seem like Jones should provide the requested info afaict. Like I said in my original comment, Garofalo's letter brief seemed well written and well sourced to me. I don't even really know what the arguments against providing the info would be, so am interested in seeing the substantive response to this motion. My main point above was in pointing out the fact that the email negotiations were not attached and the request was only made 2 months ago, so the fact that VanZan hasn't produced these docs yet and is also pointing at Jones isn't crazy to me. That said, it does make sense to me that Garofalo would at least want to try to get the docs from VanZan as well as from Jones (especially the info like shareholders that only VanZan has), and I think it was a good idea for Garofalo to file this MTC. I don't know what the judge would decide on the duplicative discovery issue -- Liman did allow it to the limited extent it was requested with Breed, which seemed to involve a limited number of documents. I'm not clear how many "documents" are involved here -- I guess to me it would matter how many documents were involved if you are going to require duplicative discovery, but if feasible I do think some amount of duplicative discovery should be allowed to "check" at least a partial production from one set to another.


PP. Thanks for responding. We'll see how Jones responds, but kind of hoping Liman calls a hearing on this to hammer down on those issues you identify - what Jones has provided, and whether duplicative responses are necessary. Lively has different attorneys than VanZan so that would be interesting as they would apparently not be invited so an opportunity for Garafalo/Freedman to control narrative.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


I'm PP you're responding to and all we know about Jones is what Garofalo says in her letter brief about the issue (she does not address the Jones RFPs in any way in her sworn declaration). Garofalo says of Jones in the brief that: "Here, Abel did request the
bulk of the documents from Jones in March 2025, but Jones has 'failed thus far to comply.'" Even here, Breen (for Case and Koslow) had the requests for an extra month than Jones did -- February 2025 compared to March. And from this single sentence of description, it's impossible to tell what Garofalo means by "comply." Has Jones produced none of the documents? Or has Jones produced some but not all of them? It does seem like Jones should provide the requested info afaict. Like I said in my original comment, Garofalo's letter brief seemed well written and well sourced to me. I don't even really know what the arguments against providing the info would be, so am interested in seeing the substantive response to this motion. My main point above was in pointing out the fact that the email negotiations were not attached and the request was only made 2 months ago, so the fact that VanZan hasn't produced these docs yet and is also pointing at Jones isn't crazy to me. That said, it does make sense to me that Garofalo would at least want to try to get the docs from VanZan as well as from Jones (especially the info like shareholders that only VanZan has), and I think it was a good idea for Garofalo to file this MTC. I don't know what the judge would decide on the duplicative discovery issue -- Liman did allow it to the limited extent it was requested with Breed, which seemed to involve a limited number of documents. I'm not clear how many "documents" are involved here -- I guess to me it would matter how many documents were involved if you are going to require duplicative discovery, but if feasible I do think some amount of duplicative discovery should be allowed to "check" at least a partial production from one set to another.


PP. Thanks for responding. We'll see how Jones responds, but kind of hoping Liman calls a hearing on this to hammer down on those issues you identify - what Jones has provided, and whether duplicative responses are necessary. Lively has different attorneys than VanZan so that would be interesting as they would apparently not be invited so an opportunity for Garafalo/Freedman to control narrative.


Oh, geez. Here's something from the docket I didn't notice. The ESI Protocol was just entered THIS MORNING in the Jones/Abel case. This means that of course nothing was produced in this case yet, doh, because the parties had not yet agreed together exactly how to produce it, in what format, what metadata, etc!!!

Seriously, this makes this MTC look just a little bit stupid imho. The ESI Protocol was literally just entered this morning!

!!!!!!!

Come. On.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:New big move filing from Garofalo to compel documents from third party VanZan: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.69.0.pdf

Garofalo declaration: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.70.0.pdf

Jones v. Abel docket showing the rest of the exhibits: https://www.courtlistener.com/docket/69581767/jones-v-abel/


Just read this motion and agree with a pp that it is compelling. This was filed in. Jones v. Abel, which is also in front of Liman.


Yes this seems well written and (though I didn't read the cases) well sourced. I'm interested to see how Gottlieb's team responds. I support Lively but haven't really understood the issues behind this subpoena from the start, though I acknowledge that it seems shady if you are suing John Does to avoid giving notice to the real targets of your lawsuit. I am just happy that issue is finally being brought in front of the court in a proper way instead of being sat on for additional months and buried haplessly in a footnote in a nearly non-related filing. Freedman didn't seem to understand how to handle it but it seems to me like Garofalo does. Good for her.


Responding to self in noting that one thing missing from Garofalo's motion is the email reflecting the correspondence and negotiations between the attorneys about Garofalo's subpoena. All we know about the timing is that Garofalo served her subpoena seeking documents on April 21, 2025 (the same day as the Hollywood Reporter article where Gottlieb said their subpoena was aboveboard and fine). So, for example, this subpoena was served two months later than the subpoena that was served on Case and Koslow that was at issue in yesterday's hearing -- that Case and Koslow subpoena was served on February 28, 2025. So Bender and Breed went through an additional two months of negotiations together -- four total rather than the two at issue here -- before Bender served a motion to compel when Breed suddenly raised new objections to the dates and group text production at the last minute.

I suspect that's the reason Garofalo didn't attach the normal email showing negotiations between the parties -- there had been less time to negotiate over the issues as the other MTCs that had come before the court since she only issued the subpoena two months ago. I don't fault her at all for filing the MTC (at least, not before seeing what the email negotiations look like), because Garofalo certainly wants and seems entitled to these materials. I also think it was smart to file this MTC right after Lively got a win on a MTC other third party materials. But, it's not crazy that a third party has not produced materials yet, two months after a subpoena is issued, before the date for substantial discovery has happened, especially if many of those same materials were requested from a party in the case, imho. I think Garofalo is perhaps not being as forthright as she could be by not producing the customary email of negotiations (I bet we will see that in VanZan's response) and thus that she is hiding the ball a little about the timing and the content of the negotiations because those facts aren't that good for her.



The mental gymnastics required to get around the fact the Lively defendants and Jones have been playing hide the ball with the Van Zan subpoena since day one.


Please name what I said above that is untrue. I'm just making observations based on the pleadings; this third party subpoena was only issued two months ago, not four months like the other third party subpoena that was it issue in the MTC hearing yesterday. I agree Garofalo should be given the materials, but let's acknowledge that the time period is not the same and we can't see the negotiations.


DP. I guess VanZan itself has the argument that it shouldn't have to turn over material that can be obtained by a party, but what's the excuse from Jones? I'm sure they asked her too. What do you make of Garafalo's argument that given they assert this whole thing was a sham, they need the discovery from both sides to make sure nothing is missing?


I'm PP you're responding to and all we know about Jones is what Garofalo says in her letter brief about the issue (she does not address the Jones RFPs in any way in her sworn declaration). Garofalo says of Jones in the brief that: "Here, Abel did request the
bulk of the documents from Jones in March 2025, but Jones has 'failed thus far to comply.'" Even here, Breen (for Case and Koslow) had the requests for an extra month than Jones did -- February 2025 compared to March. And from this single sentence of description, it's impossible to tell what Garofalo means by "comply." Has Jones produced none of the documents? Or has Jones produced some but not all of them? It does seem like Jones should provide the requested info afaict. Like I said in my original comment, Garofalo's letter brief seemed well written and well sourced to me. I don't even really know what the arguments against providing the info would be, so am interested in seeing the substantive response to this motion. My main point above was in pointing out the fact that the email negotiations were not attached and the request was only made 2 months ago, so the fact that VanZan hasn't produced these docs yet and is also pointing at Jones isn't crazy to me. That said, it does make sense to me that Garofalo would at least want to try to get the docs from VanZan as well as from Jones (especially the info like shareholders that only VanZan has), and I think it was a good idea for Garofalo to file this MTC. I don't know what the judge would decide on the duplicative discovery issue -- Liman did allow it to the limited extent it was requested with Breed, which seemed to involve a limited number of documents. I'm not clear how many "documents" are involved here -- I guess to me it would matter how many documents were involved if you are going to require duplicative discovery, but if feasible I do think some amount of duplicative discovery should be allowed to "check" at least a partial production from one set to another.


PP. Thanks for responding. We'll see how Jones responds, but kind of hoping Liman calls a hearing on this to hammer down on those issues you identify - what Jones has provided, and whether duplicative responses are necessary. Lively has different attorneys than VanZan so that would be interesting as they would apparently not be invited so an opportunity for Garafalo/Freedman to control narrative.


Oh, geez. Here's something from the docket I didn't notice. The ESI Protocol was just entered THIS MORNING in the Jones/Abel case. This means that of course nothing was produced in this case yet, doh, because the parties had not yet agreed together exactly how to produce it, in what format, what metadata, etc!!!

Seriously, this makes this MTC look just a little bit stupid imho. The ESI Protocol was literally just entered this morning!

!!!!!!!

Come. On.


Correction: The ESI protocol was signed by the judge and entered into the docket yesterday, after which Garofalo served her motion to compel on the same day. In a contentious litigation like this, nobody produces documents before the ESI Protocol/Stipulation is agreed upon and entered into the docket; otherwise you might produce documents in a way that violated the protocol such that you would have to go through the time and expense of having to produce those same documents all over again.

I understand that Garofalo wants these docs, but, just like hiding the email discussions the lawyers went through regarding negotiations about the doc requests, it is sketchy to hide/not even mention the fact that the ESI Protocol was only entered on the morning of the same day you filed your MTC. This is surely going to come up in the response and is going to be noticed by the judge; I can only guess the reason to withhold this info now is to foment up your base of non-lawyers? Weak.
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