Some interesting intersections in this case: Wayfarer has sold their latest movie with Scarlet Johansson to Sony, even though some Black supporters have been claiming that relationship is damaged b/c JB was such a terrible director. Also, Patrick Whitesell’s wife liked Justin’s Mother’s Day post and follows him. Patrick is Ari’s former partner at WME. He also was married to Lauren Sanchez previously, who was reportedly one of Jones’ clients. Hollywood really is a small town. |
Some “Blake” supporters. |
I disagree, you can get it from someone else is not a winning argument. It’s possible that Blake destroyed all or some of her copies of such communication and Taylor did not. If the documents in question are relevant and not privileged, the motion won’t be granted. |
I have seen nothing about Sony buying Eleanor the Great. That movie already had multiple studios' backing, including Tristar and Sony Picture Classics. I assume a similar development deal to what they did on IEWU with Tristar/Sony providing marketing and distribution. There's no industry news that they sold the whole thing that I can see. Am I missing something? |
Not just "someone else." A party to the litigation. A court doesn't mind "inconveniencing" one of the parties because they are personally involved. There are more restrictions on requests to third parties, and judges are more responsive to the argument that a subpoena is unduly burdensome when the person is not directly involved. Regarding the potential destruction of evidence, the normal way you'd do this is subpoena everything from Lively/Reynolds and, if there is any indication that communications are missing, THEN subpoena the third party to see if they have something you didn't already get. This allows the subpoena to the third party to be more targeted and specific, and then usually less burdensome. You also would go in with proof that you were unable to obtain whatever it is from the opposing party. But you don't start with the third party. Also there may be ways to identify potentially deleted messages via metadata, though I personally have never been involved in discovery that went to that level. |
That would all be privileged communications though. It is not normal to request communications between a party and a lawyer or law firm, for this reason. I think Wayfarer clearly meant to subpoena Taylor with the original subpoena but they were sloppy with the wording and Venable can play dumb and say "why are you requesting info from us, Venable, we have nothing to do with this." It also makes Wayfarer look stupid, which is to Venable's (and Taylor's) benefit when they issue a more proper subpoena and then Taylor objects to that one. |
Ha, well it gets twistier. Blake and Ryan have filed a motion to intervene regarding the Venable subpoena:
https://acrobat.adobe.com/id/urn:aaid:sc:US:4f4a0fce-d675-4742-aaa1-e333765df77c And here they make the confidentiality argument I made above -- that any communications between Lively's lawyers and Venable would of course be attorney work product covered by attorney-client privilege. Truly: what on earth. |
That isn’t actually how you do it. It’s simply not that burdensome to produce emails and texts. I think she loses this motion. We’ll see. |
Dp. Somehow I doubt this is what happened |
Lol another 30 pages! They are definitely racking up billables.
Yeah, I dislike Freedman's general style but can't believe his office would make basic mistakes. |
Perhaps not Taylor then. I don’t understand this motion at all, if Venable wasn’t represented Lively and there is no joint defense agreement in place (none is mentioned and it would have to be), communication with Venable would not be protected by any attorney client privilege. |
https://www.theguardian.com/film/2025/may/09/scarlett-johansson-kristen-stewart-harris-dickinson-directorial-debuts-cannes |
I certainly don’t think she’s tone deaf. I largely agree with her. Each of us does not (at least for now) see the case the way the opposite side does, we read the existing facts in different ways. So stop being so surprised that not everyone on the thread sees things precisely the way you do. If you stop writing multiple insult posts calling them “pathological” or “insufferable” etc for having a different take, you will stop getting called bullies. Looks like the parties have finally agreed on and filed a joint stipulation on ESI, meaning that the parties have now agreed on the basic rules of doc production and one or more party may actually begin producing docs now. I wouldn’t be surprised if Lively etc starts producing to back up their statements that they have been ready to produce for some time (but could not given that the ESI Stip was not filed). |
Adding, including work product. After further reflection, my guess is that Gottlieb et al has been sending love letters to Taylor specifying how they are trying to protect her in the litigation, which would primarily be the protective order. Absent a joint defense agreement, such correspondence would be entirely discoverable. And no mention of a joint defense agreement, and I could think of many reasons Taylor would not have wanted one. |
But is that type of stuff relevant to the claims in the lawsuit? |