Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous]So an actual, tangible development today.

Liman denied a motion to quash a subpoena from Lively to Andy Signore, aka Popcorn Planet. Motion to quash was denied basically because Signore is deemed not to be a journalist and the requested communications would overcome journalist privilege anyway because apparently Lively can't get it any other way and it's directly relevant to her claims.

But these two details are juicy:

"item four on the privilege log is a six-month-long, eighty-nine-page text message conversation between Signore and a defendant in the underlying lawsuit."

and

"Furthermore, an in camera review reveals that the responsive materials are directly relevant and material to Livley’s claim. Lively further establishes that she tried to discover this information from the defendants and, to some extent, has been unable to obtain these materials from them. Lively demonstrates a compelling need because these materials go “to the ‘heart of the matter,’” that is, the primary theory underlying Lively’s defamation claim."

I think the 6-month text message chain is likely with Melissa Nathan. To be clear, Liman isn't saying this document proves Lively's claim, only that it's directly relevant to her defamation claims. This is pretty significant because there has been a lot of complaining that Lively asserted a "smear campaign" in her complaint but has so far only produced evidence of, maybe, some planning to perhaps smear her. But if a text conversation between Nathan and Signore contains evidence that Nathan, on Wayfarer's dime and at their direction, seeded negative stories about Lively for Signore to disseminate, well, that would be a smear campaign.

Here's the opinion: https://storage.courtlistener.com/recap/gov.uscourts.flmd.445291/gov.uscourts.flmd.445291.37.0.pdf[/quote]

That wasn’t Liman, it was the Tampa magistrate judge.[/quote]

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