Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous]Freedman has been saying for months that he wants to take Lively's deposition as early as possible and he doesn't care whether all the documents are in yet or not.

Liman has also been clear that depositions will only be taken once.

To me this just seems like foolishness all over again on Freedman's part, where he thinks he can intimidate Lively into taking a bad deposition, before he knows all the potentially bad info he might have to cross her on.  I believe the dep is supposed to happen this month, which leaves him two weeks and a day to get what he needs.  Not sure the Swift texts issue will be resolved by then, and since doc production doesn't substantially close until July 1 and close for real sometime in August, there will obviously be a large number of docs that won't even have been produced yet, let alone reviewed by people who can identify whether or not they should be used in Lively's dep.

I think this is more sh!tshow at the clown factory stuff from Freedman, where he is acting primarily for PR instead of to preserve all the best legal avenues in his case.  I'm sure Lively will be filing motions for summary judgement on her own case, and he is going to need to show material issues of fact still in dispute at that stage.  But he is behaving recklessly again here by doing an important dep before he has all the facts in.  Just like he behaved recklessly in not filing any MTDs.  Just like he behaved recklessly in not amending his shambolic complaint.  Just like he behaved recklessly in filing a defamation complaint against Lively in California where as a result, Baldoni may now be liable for fees, punitives, and treble damages.  Just like he is currently behaving recklessly in missing agreed upon deadlines for turning over documents and otherwise waiting until the last minute to comply with substantial completion in two weeks.

I think it's a risk to take Lively's dep so early before he's reviewed the docs he's asked for, mostly for the perceived benefit of intimidating her and getting her story locked down.  I would wait.  I guess he may think he is going to get something big out of her deposition or is looking to prove himself again, but this isn't about him.  I would wait, but wonder whether I'm missing another reason why he would want to go so early before the docs are in, when he only gets one bite.  [/quote]

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