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DP. I'm someone who has argued that she might have said she was comfortable when she actually wasn't because that's how Hollywood is, but these points are fair. What I disagree with is when people swoop in to say "well Ferrer sent that text so clearly Baldoni did nothing wrong." You make good points about the differences between Ferrer's behavior during promo and Slate's. And those points align with THR reporting that Slate made a complaint against Heath, while there is no evidence Ferrer did outside of some strange YouTube video, so as of right now, I do not believe Ferrer did so. And it's totally possible Ferrer had a different experience than Slate and Lively (or that Slate and Lively are lying, or that Lively influenced Slate, etc, etc, mentioning all possibilities because if my comment isn't sufficiently negative against Blake I'll be accused of being her PR). Like you said, if any of the parties find Ferrer's testimony relevant, they can depose her and we'll see. I am open to either possibility and what I really hate is categorical statements either way. |
The Freedman-Wallace-Nathan nexus is an interesting one and I do think one we'll learn more about. In addition to Freedman having this history with Wallace that long predates any work he did for Wayfarer, there's this comment in the texts between Abel and Nathan in August where they are discussing Baldoni maybe getting lawyered up and reference connecting him to "BF." A lot of people have speculated, reasonably, that BF is Bryan Freedman and that Baldoni might have hired Freedman as early as August (which would also explain how they put these huge filings and timelines together "so fast" after Lively filed her lawsuit). If Nathan was the one to recommend Freedman, and Nathan also has the pre-existing relationship with Wallace which is how he got pulled into the Baldoni thing, there is an implication that Freedman could be implicated in the alleged smear campaign. Lively chose not to add Freedman as a defendant when she amended her complaint, but a lot of people online speculate that they were at least thinking about it because of that "BF" reference in the texts. The whole things is dicey because attorney-client communications are privileged -- what if discussion of the campaign against Lively flowed through Freedman, who represents all parties? You can pierce AC privilege if the attorney is part of a conspiracy to illegal conduct. But the bar is high because that privilege is pretty sacrosanct. I am fascinated by this aspect of this case and interested to see if it goes anywhere. The Freedman stuff is a real rabbit hole. I was really stunned when I read that old THR profile of Freedman and Jed Wallace's name popped up. Also finding out he repped not only Megyn Kelly but also Perez Hilton. It's all very interesting. |
Oh, that’s so interesting, I was not aware of that “BF” text. That link adds a new dimension to Lively’s reaction against Freedman taking her deposition — the idea that he may have been personally involved with the PR campaign himself and may in effect be a fact witness if the veil gets pierced. Sheesh!! |
| Today has quickly become crazy Blake conspiracy theory day. |
| So was their request regarding the deposition not written and on the docket? Would love to know exactly what they requested regarding Freedman's deposition and how they articulated it. |
No, it wasn't on the docket, they just made the request directly to Lively's attorneys. Here is what Freedman said at the February hearing about it: "As a matter of fact, we made a request to take Ms. Lively's deposition as soon as possible. We don't need necessarily documents for that deposition, you know, at a date that's sufficient for her. We would like to be able to take her deposition in the case. We don't think we need any documents for that deposition. For other depositions, it's going to be important to understand some of the other documents that we don't have and that are in the possession of the other parties that we are unaware of." And the judge's response: "Depositions are not going to go forward until we know who the parties are in the case, because I am not going to have depositions done twice unless there's some very good reason for that." |
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14:28 again. Looking at the conversation about the deposition, I actually saw something relevant to the conversation about the motion to stay discovery in the case against the NYT. Judge Liman said the following about Freedman's push to move discovery along quickly:
THE COURT: One reason for at least extending the initial deadlines in the case management plan does have to do with efficiency. You are going to get document requests, no doubt, from the other side, and you are going to get document requests from the New York Times. The New York Times is not going to be prejudiced by whatever it is that the Lively parties have asked for. They are going to have the right to demand documents even if Lively hasn't demanded those documents. If I agreed with what you have suggested, then you may have to do the same document review twice. The same thing goes for the other side, for every party that is involved, even if it's just documents, there's some inefficiency to doing a document review twice. That is not to say depositions. Depositions are not going to go forward until we know who the parties are in the case, because I am not going to have depositions done twice unless there's some very good reason for that. Based on this, I actually think there's a good chance Liman will stay discovery in the NYT case until the MTD is decided upon, especially with Freeman saying they already intend to correct their complaint to address the group pleading issue. Liman's whole point is that rushing discovery is actually inefficient because if you start discovery before you have a handle on parties and pleadings, you risk having to repeat discovery, which is a waste of everyone's time. He's right. |
I agree. The Wayfarer parties have a lot of leash here because of the way Lively and NYT went about things in the first place. That’s why Lively’s attempt to muzzle freedman didn’t work (hypocritical to say he was trying the case in the media when she did the same on a larger scale). Similarly, hard for the nyt to say oh it’s an unfair group pleading when they colluded with Lively for months on the piece. Freedman can say—and rightly so—that in the beginning it wasn’t clear who did what, just that they were all working together. He’ll amend the complaint and keep it moving, but BL and the Times have behaved so badly it’s hard to see the judge lecturing Freedman on a few technical and procedural issues. |
It doesn’t matter in the case of NYT. They’re a party to the case regardless of the outcome of the MTD and will be subject to discovery a deposition no matter what (as defendant or witness). |
DP, but what am I missing? Seems like they won't be a party to the case anymore if all Baldoni's claims against them are dismissed. They can still have deps taken as a third party, but it won't be the same. |
Once again - proper pleading is not “technical and procedural” to the extent you are trying to claim it is trivial. It’s not like they used the wrong front. To non-lawyers it might seem unimportant but it is actually a key part of the case. They can’t just wave hands and say “they all conspired!” (Is there even a conspiracy claim?) |
lol, ok two hours as opposed to hundreds. |
You can get documents from third parties. |
You are correct. PP is confused. Obviously if the claims against the NYT are dismissed, they are no longer a party. I'm guessing PP meant they would still be a third party, but as has already been explained, being a third-party who might be subject to discovery requests is very different from actually being a party to the case itself. |
I think you’ve got this all wrong here. 25 or not, IF is a Clooney. If anything, JS was the brokest and likely least powerful person on the set. BL took IF, a Clooney, under her wing. Someone nearly 20 yrs younger and was having sleepovers with her. JS is Blake’s actual peer and they didn’t seem to have nearly the same amount of closeness. Blake likes power and people she can get something from. In the case of Colleen, she wanted her book. For all of her so called naïveté, IF was the only person who had enough sense to not comment on this mess and that’s because, ladies and gentlemen “she’s a clooney!!” |