Yeah, I won't try to predict anymore, I'll just defer to the Liman Gottlieb hot tub poster. |
Those motions weren't challenged. This motion was challenged. Hey, if those motions had been challenged, I bet you one million dollars that Lively's attorneys wouldn't have responded to the challenge by saying "we promise we didn't pull the addresses out of thin air, let us know later if you want to see our proof" lol. |
Yes, agree with this. And also imho this is a serious ethical violation by Freedman for filing misleading statements he knew to be untrue with the court. Wut? I sense another motion for sanctions coming. |
She’s always right. |
But!shit, her attorney has entered an appearance before the Court. This is not a case where poor Isabel didn’t have notice. |
I think Vitiscka is a liar but I think m we can all agree that there is not a text in existence from December 2025. He is filing an affidavit about claims that have not been part of the case for four months. His claims, even if true, simply have no relevance to the remainingcase. He could file a claim of misconduct against Freedman with the Bar, if he wanted. |
Could not care less. |
NAG has a good video on Liman's denial of the motion for alternative service on Ferrer: https://www.tiktok.com/@notactuallygolden/video/7541108018323197198?lang=en
Basically she just points out all the things that the "the judge is biased!" crowd misses because they don't know anything about the law: 1. Liman isn't saying they can never get alternative service, he's just saying that trying to serve her twice and then asking the lawyer to consent to accepting service is not enough to meet the burden for alternative service. 2. The judge basically tells them they need to do a skip trace, try to serve using that info, and then if they still can't do it, refile for alternative service. 3. The judge CANNOT force Ferrer's lawyer to accept service for her. That's something lawyers often do as a courtesy. And yeah, it is kind of obnoxious Ferrer's lawyer won't do it here and is clearly based on a lot of animosity between Ferrer's camp and Baldoni's camp at this point. But none of that has anything to do with Liman. Lawyers aren't required to accept service for their clients and Liman can't force it to happen, so this is not evidence of Liman's bias it's just the reality of what judges can do and not do. 4. NAG also mentions that when Liman granted Lively's motion for alternative service on another witness, her servers attempted to serve the subpoena nine different times AND did a skip trace. So basically Liman is just asking Wayfarer to do as much as the other party did in attempting to serve before filing for alternative service. So this is actually an example of Liman being consistent and treating both parties the same, not evidence of bias. |
Liman can't make him accept service. If he doesn't want to accept service for Ferrer, that is his prerogative and there is no legal way to compel him to do so. |
At a minimum this really improves the likelihood that Leslie Sloane will get attorneys fees paid by Wayfarer. Because if Freedman knowingly included that exchange as evidence that Sloane had defamed Baldoni, when in proper context it is evidence of the opposite, then Sloane can argue that the claims against her were made in bad faith which would be huge. |
I don't understand why Wayfarer didn't serve Ferrer much earlier. I think some of the urgency here has to do with the fact that they didn't even attempt to serve her until July, and now their discovery window is closing, and they rushed a motion for alternative service to try and meet their discovery deadlines. It was obvious Ferrer could be a material witness way back in December, and there is no evidence that their subpoena asks for info that was only recently discovered -- they are looking for info related to things they've known since Lively's claim was filed. So why did they wait until July? I think Ferrer's lawyer would argue that they only filed the subpoena, and now the motion for alternative service, to harass her due to their dispute over whether they can choose her lawyer and strategy under her indemnification agreement. But that doesn't really make sense to me. I can't think of another reason that isn't "incompetence" though because the timing makes no sense at all if they actually want/need the info from Ferrer for their case. And now they are saying they'd consent to having neither side call her at all and just dismissing her as a witness, which also doesn't make sense unless you assume Ferrer's testimony would be very damaging to Baldoni. Like that argument feels like an obvious own goal -- what a fundamentally bizarre argument to make in your own motion for alternative service of a subpoena. "Your honor, it's incredibly important that we be able to serve this subpoena on this witness immediately via alternative service because the subpoena is very essential and the information it solicits is critical to our case, but also if the witness won't accept alternative service we are okay just not having her involved at all and never hearing from her again." Um. Shady. |
Arlington mom chatting with herself again. |
She did say that, but it's not totally accurate for all of them. For example, Lively attempted to serve Matthew Mitchell at the last known address, the neighbors said he didn't live there, and Liman granted the motion. That's fairly similar to Ferrer's case. https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.333.2.pdf |
Isn't that what this motion was for? Seems more reasonable to serve through her attorney, who is appearing on her behalf, in this very case, than LinkedIn and voicemails. |
But they attempted to serve him on 8 separate occasions at the same address over a 23-day span. They also called the phone number provided by Mitchell by Wayfarer, and reached a voice mailbox that identified it as the number of Mitchell, but received no response to that message. Whereas Wayfarer only attempted to serve Ferrer over the course of 4 days in early August at two separate addresses (one was visited twice, the other four times, all within a very short time span). Wayfarer describes both as "last known address" but admits they didn't use a skip trace (which is super basic) to get this addresses. They also did not attempt any other means of locating Ferrer, including contacting her talent agent with whom they had previous communicated when Ferrer worked for Wayfarer. Thus Liman concluded that Lively had exhausted all means to reach Mitchell, because they spent longer on it and attempted to contact via multiple means. Whereas the conclusion is that 4 days of effort and the failure to exhaust other known means of location was deemed insufficient. I'm sorry but this is a really standard decision. They can run the skip trace (or call her talent agent, or both) and if they still can't reach her, refile and he'll probably grant it. The standard for granting alternative service requires you to show that you have real need, and Wayfarer hasn't done that yet. |