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Reply to "Blake Lively- Jason Baldoni and NYT - False Light claims "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Manatt says Wayfarer has had the VanZan subpoena since March. https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.71.0.pdf[/quote] Sorry, meant May. May 16 2025.[/quote] But nothing else they are seeking. They sent over the subpoena in the same production that they sent Wayfarer their own texts back.[/quote] Nothing else besides the subpoena? WRONG! Lively sent both the subpoena and [b][u]all of the documents Jones produced in response to the subpoena[/u][/b], in May, which was over 7,000 pages of documents. When you say they just sent Wayfarer their own texts back, that is because that is part of what Freedman specifically asked for, and so they sent it. They sent it to Liner Tatelmann, and so Abel had it too. How many parties does she need to receive these documents from? Do you not think the fact that Lively had already provided two of the five requested categories of documents to Liner Tatelmann was something that Garofalo perhaps should have mentioned in her motion? ?????????[/quote] Garofalo does mention it and specifies she is looking for it to come from the direct source (Vanzan) and not indirectly from Lively. She also specified additional information that is being sought. [/quote] Here is what Garofalo's letter says in reference to Lively's production of exactly the same documents (in part) that Garofalo is asking from VanZan: "The Vanzan Subpoena opened the door for Lively to obtain the documents Jones extracted from Abel’s phone without notice to Abel or the Wayfarer Parties against whom Lively intended to use the information. Lively produced at least some of the information during discovery, confirming that the sham Vanzan Action was successful in facilitating the transfer of Abel’s data to Lively prior to the filing of Lively’s claims against Abel and the Wayfarer Parties." This statement hides the ball that Lively produced both the subpoena and all of the documents Lively received from the subpoena to Liner Tatelmann already. [b]"[u]Lively produced at least some of the information during discovery[/u]" is hiding the ball that Lively already produced the subpoena and all the docs produced by Jonesworks, plain and simple. [/b] It is clear from Lively's production letter from May that Lively's production included all the docs received from the Jones subpoena, which were what was requested by Freedman's doc requests, just as those docs were produced to her: "Ms. Lively’s forthcoming production contains a reproduction of documents that Ms. Lively received in response to a subpoena duces tecum to Jonesworks, LLC, dated October 1, 2024 (the 'Subpoena'), together with a copy of the Subpoena. Ms. Lively is reproducing the documents responsive to the Subpoena ('Jonesworks Documents') as she received them. For example, the Jonesworks Documents were produced to Ms. Lively without certain attachments and without the metadata contemplated in the subsequently negotiated Joint Stipulation on the Protocol for Discovery of Electronically-Stored Information and Hard Copy Documents, dated May 13, 2025 (Dkt. No. 212; 'ESI Stipulation'). While Ms. Lively’s forthcoming production reflects all metadata fields contemplated in the ESI Stipulation, certain of the fields are not populated because the Jonesworks Documents lacked corresponding metadata. And certain attachments are missing because the Jonesworks Documents did not include them." The fact that Garofalo already had received the first two of the five categories of documents they had requested from both VanZan and Jones was buried and hidden in Garofalo's letter. I'm glad Lively clarified it, and it's super shady of Garofalo for doing that.[/quote]
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