Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Baldoni had better not come back in July and say they need another deposition with Lively when they’ve only produced 750 docs collectively so far amongst all their parties.  That’s astoundingly bad. [/quote]

It sounds like all Blake has done is turn over the Wayfarer texts she got from Jones.  Given she’s the plaintiff, that’s not great.[/quote]

To be fair, the email notes she was making another production the next day, which would have happened by now.[/quote]

Note also that the 2K docs are what Lively alone had produced, which even by itself outnumbered by several times what all of the Wayfarer parties put together had produced. Where are all of the texts and emails?  This is pretty ridiculous.

(Not engaging with sock puppet delusion lady anymore, except to say you guys can never admit you’ve been wrong)[/quote]

Apparently you can’t either, because Lively’s production of the Jones production is nothing to brag about and yet you continue to tout it.[/quote]

Lively has made at least one more production since that 2K production, and even not including that additional production, Lively’s one production alone is still nearly four times as many docs as Baldoni, Heath, Sarowitz, Wallace, and Wayfarer all put together lol.  This also isn't counting any docs that Reynolds and Sloane produced.[/quote]

Again, WF's Counsel submitted a declaration today saying they have yet to receive a single document responsive to their First Request for Documents from Lively.  Guess Gottlieb et al was too busy drafting Motions for Sanctions.[/quote]

It's a really bad look to be so behind in document production as the plaintiff, especially when one's counsel have been bombing the Court with all types of motions, including discovery motions.  In essence, all Lively's team has done is sent over the WF defendants copies of their own texts.[/quote]

I would take accusations from both sides that the other is "behind" in production with a grain of salt[b]. First of all, the discovery deadline has not passed -- parties will often wait until the last minute and then dump a bunch of docs. And that's allowed, for the most part.[/b] Second, both parties have likely requested documents that don't exist or which the other side will argue aren't relevant. This is also standard. Like if Baldoni's request for documents asked that Blake provide all documents where she talks about trying to steal the movie and her intentions to make up some SH allegations to do so, it's likely she has not produced those because they don't exist. Likewise, we know Blake is asking for documents where Baldoni/Wayfarer/Freedman conspire with content creators to smear Blake. Those may also not exist. So saying your opponent has "failed" to produce documents doesn't always mean they are dragging their feet. It can can mean there is nothing responsive, or that the party is in the process of objecting to the request. Both sides are doing this.

None of this matters in the end. Honestly, at this point, I don't think the bickering is going to be that determinative unless/until we get to summary judgment and agreed stipulations before trial. The back and forth over discovery will largely be small potatoes.[/quote]

The bolded is why I'm surprised her depo is scheduled for June 23rd. She's kind of a drama queen and apparently likes to come up with last emergencies and delays, but it would really behoove her to show up on time for that. [/quote]

It is totally Freedman's decision to take Lively's deposition this early, before doc production is even substantially complete, even though Liman has said only one deposition of each witness will be allowed.  To me, this is another reckless decision by him done for its performative value and for headlines, which actually risks giving up valuable legal gains he could have made if he waited for all the docs.  This is on Freedman.[/quote]

PP. I can see this being another "it's fine, we'll just amend later," and then, oops. Like if he's telling his clients this is a great strategy to get a second deposition later and then the judge refuses. I think June 23 is also the deadline to amend the complaint on the contract claims.[/quote]

Good point about the amendment being due on the same day, and yes, I agree on how familiar this feels coming from Freedman.  I don't know whether he's hoping to get something from the dep that would affect the amendment, which is maybe the only real good reason to do it this early?

Also noting (which I think I missed before) that Fritz filed a cross motion to compel Lively's production of these sexual harassment, Sony, WME, and Swift communications.  Of all the other communications asked for in those 130 RFPs, the Swift ones are the ones that really make Freedman's heart beat faster and that he needs even before Lively's communications with Jenny Slate, her costar on the film. [/quote]

Hmm, I wonder what he might have learned about those texts from Venable that led to his prioritizing them.  I’m sure no reason for any Lively supporters to be concerned given that you all are convinced of his incompetence.[/quote]

As a Lively supporter, I will admit that Freedman occasionally comes through [b]and that I'm genuinely scared of what he may have that might make Lively look bad.

At the same time, there is a decently good chance that Freedman has nothing, and is just hoping to intimidate Lively.

Freedman himself should be a little scared at this point and to me that makes him dangerous. He's had some significant losses here and his clients must be questioning him and/or disappointed with him.  If I were a Baldoni supporter, I would be disappointed.[/quote]

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