Lively/Baldoni Lawsuit Part 2

[Anonymous]

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can see that she is wearing black Binkini underwear in the photo in this thread. https://www.reddit.com/r/baltimore/s/EPS136pjs9

Or you could just look at Blake’s statement of facts.

That is definitely not the right link, not sure what happened there.

Here it is. https://www.reddit.com/r/ItEndsWithLawsuits/s/kJNscZ453X

Yup, can clearly see the prosthetic belly and black bikini bottoms.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.

Weird that you are unable to read the word “black fabric” that indisputably appears in her SOF. They don’t put you in black fabric are tying to make you look naked.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

Her high hip line is cover by a prosthetic belly, moron.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

You truly are an idiot if you think they use black fabric to make someone look naked. There is a reason she was claiming nude fabric.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

Her high hip line is cover by a prosthetic belly, moron.

I think if you were confident in your assertions, you wouldn't need to use that language.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's called a modest panel. It's a special garment used in scenes like this specifically to make the actor appear nude. It is not underwear as no one would ever wear one of these as underwear under clothes.

And indeed, Blake appears nude from the waist down in the movie, with a "high hip line" as described by the intimacy coordinator.

And in the video clip, it does indeed appear to be nude in color. Which, again, makes sense, since in the movie she appears to be... nude below the waist.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.

Weird that you are unable to read the word “black fabric” that indisputably appears in her SOF. They don’t put you in black fabric are tying to make you look naked.

Have you seen the birth scene in the movie?

She looks naked below the waist.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

Her high hip line is cover by a prosthetic belly, moron.

DP but weird to call someone a moron while claiming a belly covers one's hip. If you don't understand basic anatomy, maybe this conversation is not for you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

Her high hip line is cover by a prosthetic belly, moron.

Just sick of the utter nonsense. Two pages claiming she was wearing nude strip and then abrupt change to “high hip line” when clear she was wearing black bikini. Yes her fake prosthetic belly is exposed.

Also lies about what the IC said. She wasn’t at the birthing scene, and they are asking her hypotheticals about what might be in a nudity rider.

Anyway, have better things to do with my time then argue with people not in touch with reality.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's a strip of fabric that covers the genitals only, not underwear, because it exposes the "high hip line" form of nudity or semi-nudity. It's implied nudity.

Her high hip line is cover by a prosthetic belly, moron.

DP but weird to call someone a moron while claiming a belly covers one's hip. If you don't understand basic anatomy, maybe this conversation is not for you.

It’s her black briefs, then her fake belly hanging over. Pretty clear in the picture for those of us not allergic to reality.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.

Weird that you are unable to read the word “black fabric” that indisputably appears in her SOF. They don’t put you in black fabric are tying to make you look naked.

Again, that's not the final SOF. The one you are referring to was filed back in December. Since then, another one was filed that does not say "black" but only "fabric strip". And that's the ACTUAL undisputed fact -- Lively was wearing a fabric strip over her genitals. Both parties agree to that.

Lively may not have been able to remember what color the fabric strip was until Baldoni finally produced the unedited footage of the scene, which it appears he produced quite late, so she may have wavered on color and been willing to concede it was black (since the other side kept insisting it was) until this footage was produced that showed, low and behold, it wasn't black.

The fact that you are CONVINCED she was wearing "black briefs" despite video footage showing it was nude and the fact that Wayfarer has already conceded to call it a "fabric strip", not briefs, just shows how effectively Wayfarer has mislead the public by simply lying in their pleadings for a year, dragging their feet on discovery, and muddying the waters on easily documented facts, like that Livley was wearing a nude colored modesty panel in the birth scene, also known as a thin strip of fabric designed to cover only one's genitals and an intimate or nude scene, just as she alleged in her original complaint.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

A small thin black fabric otherwise known as underwear.

If one is trying to make someone look nude, you put them in nude fabric not black.

Blame explicitly claimed nude fabric until photographic evidence was revealed.

No, it's called a modest panel. It's a special garment used in scenes like this specifically to make the actor appear nude. It is not underwear as no one would ever wear one of these as underwear under clothes.

And indeed, Blake appears nude from the waist down in the movie, with a "high hip line" as described by the intimacy coordinator.

And in the video clip, it does indeed appear to be nude in color. Which, again, makes sense, since in the movie she appears to be... nude below the waist.

Blake admits she was wearing black, not nude. Keep up. Every one else calls them black briefs.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is the statement of facts with Lively's reply:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote:
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.

Weird that you are unable to read the word “black fabric” that indisputably appears in her SOF. They don’t put you in black fabric are tying to make you look naked.

Again, that's not the final SOF. The one you are referring to was filed back in December. Since then, another one was filed that does not say "black" but only "fabric strip". And that's the ACTUAL undisputed fact -- Lively was wearing a fabric strip over her genitals. Both parties agree to that.

Lively may not have been able to remember what color the fabric strip was until Baldoni finally produced the unedited footage of the scene, which it appears he produced quite late, so she may have wavered on color and been willing to concede it was black (since the other side kept insisting it was) until this footage was produced that showed, low and behold, it wasn't black.

The fact that you are CONVINCED she was wearing "black briefs" despite video footage showing it was nude and the fact that Wayfarer has already conceded to call it a "fabric strip", not briefs, just shows how effectively Wayfarer has mislead the public by simply lying in their pleadings for a year, dragging their feet on discovery, and muddying the waters on easily documented facts, like that Livley was wearing a nude colored modesty panel in the birth scene, also known as a thin strip of fabric designed to cover only one's genitals and an intimate or nude scene, just as she alleged in her original complaint.

Learn to read moron. Blake admits they were black.