Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I think the MTC would be reasonable closer to the discovery deadline — they are entitled to get the dupe docs from both parties — but the day after the ESI was entered and asking for docs it already has (so doesn’t need early on in discovery for any particular reason) without acknowledging the same is bad strategy. I think non lawyers probably don’t realize just how shady a MTC is at a point in time where the docs probably could not have been physically produced pursuant to the newly agreed ESI. I think they run the risk of annoying Liman when they could have waited just a few weeks. This has to be all about affecting the news cycle (maybe they were the ones holding out on the ESI and just agreed in order to file this, in fact) and not about the substance. Hopefully it doesn’t backfire.[/quote]

Blake has been asking everyone, including third parties, for the same documents.

Further, the texts produced by Lively to WF has no metadata which is weird since Jones had the phone the texts were on and allegedly was given the entire phone,[/quote]

Lively’s production letter explains that she produced the docs in exactly the same form they were received from Jones, and that as received from Jones, the docs were missing certain metadata:

“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."

Frankly this production letter does make it sound like there is no other version of these docs via VanZan — the docs produced by Lively in May were exactly as received by Jones.  It’s right there in the letter. Not sure how much clearer that could be stated. [/quote]

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