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]Do you guys think Wayfarer will respond today about the deposition protective order? If they don't I assume tomorrow AM Liman will issue an order for Lively. I don't see why this was such an emergency that he needed to set a very short weekend deadline.[/quote]

Lively’s lawyers asked Liman to request Baldoni’s response be put on an expedited schedule, given that the deposition is on Thursday.

I’m sure Baldoni’s team will respond, though I’m not sure what they’ll say.  I think they will say that as the attys taking the dep, they get to pick the place, and nothing Lively’s team has said overcomes that presumption. Maybe they will try to distinguish the vin diesel example because there was an actual (supposed) death threat. I think they will address the Freedman statements head on somehow and say these kinds of out of court statements are allowed. And maybe they will say something like Lively is not required to know in advance exactly who will be deposing her.

I can see Liman allowing the dep to proceed at Freedman’s firm if it could be assured that it will not be a circus or other media event, but if not I think Liman will allow Lively’s firm to host. Crazy the lawyers have to fight about this. [/quote]

PP. I feel like the date is not set in stone. It's a date they can change at will. Reading between the lines, both sets of attorneys would not mind postponing it (definitely Wayfarer wants to, and I think Lively also wants more time to review the video) but nobody wants to be the one to say it, because there will be media reports that one side chickened out. If I were Liman, I'd make them meet and confer again and figure it out. Regarding Lively not being required to know who is deposing her, true, and if I were Wayfarer I would give a very long list of any possible attorney or support staff and all the Wayfarer defendants who might potentially be there, to allay the concern that Perez Hilton will show up, or something, if that's the concern.

Actually at this point they should just reschedule, because the date and time are known, and even though Lively got all cute by redacting all "your office" and "our office" in the last submission (including the state they have to fly to, gee, what a mystery that is), those were already unredacted in the prior submissions by Wayfarer. Whichever office is picked, the paparazzi will already know where to go... having it at Lively's lawyers doesn't actually protect her from a media frenzy. And I wouldn't be that surprised if any East Coast content creators tried to show up to get attention for themselves. [/quote]

I actually disagree with you on this and think Gottlieb really wants to hold Baldoni’s team to this early Lively dep, specifically because Baldoni’s firm doesn’t really have time to go through all the docs before the dep and probably doesn’t even have all the docs. But Baldoni’s attorneys (see what I did there, in deference to the above haha) *insisted* on performing Lively’s dep as early as possible, and now Lively’s attys want to hold them to that terrible strategic decision.

I think they wanted to depose Lively early to try to bully her into settling. But now that they realize that is t happening, they are stuck with that dumb strategy.  You could see Garofalo struggling to get out of it in the email, but she’s stuck.

I see your point about the film, but I also think once they found out it was really only 150 hours, they calmed down. That’s just 3 days of viewing between 3 associates, and while you need time to prep the client I think they’ll be okay. If they got it Friday I bet between associates and contract attorneys, they’ve almost viewed it all by now and identified the potentially hot reels for prepping.

Agree with you about the long list — I bet the list will include both Freedman and Garofalo. [/quote]

PP. Originally when the date was June 23, I thought it made good sense for Lively to get it over with early, before a lot of documents came in... now that a lot of production has been done, it's probably more of a balancing act... Lively having what she wants (video) vs Wayfarer not having certain things yet (but perhaps by now, they do). The Taylor Swift texts, for example, even though they are not important to the case IMO, are probably something Wayfarer would like to have prior to the depo and Lively would prefer they did not. I don't remember the date by which she was supposed to produce them.

The video doesn't have sound (which, I learned on reddit, is normal for the raw footage) so it may take additional time to get the synced versions Wayfarer offered, which is important because some of Lively's allegations indicated things that Baldoni said at specific times.

I'm not sure if Wayfarer's strategy was to get her to settle or try and get a second bite at the apple when more documents came in later, so it's smart that Lively's team is making a record calling them out on that in advance.

Garofalo's email where she wrote "talk about posturing" was pretty funny. [/quote]

Oh, I thought the email reflected that Baldoni had promised to get Lively the video with sound by COB Friday, 7/11?  Plenty of time for a team to review 150 hours over the weekend imo.

I actually enjoyed the Lively email that preceded Garofalo’s, for getting it all out in the open. Because it was weird for Lively’s attorneys to say we agree to proceed with the dep if you can give us the film with sound by 7/11, and for Baldoni’s team to say yes we will get you the film by 7/11 but will reschedule the dep as per your wishes. That was wild gaslighting. [/quote]

I'm not sure. I read Wayfarer's email has an offer to produce the synced audio and video, provided Lively would stipulate that they would not later call that doctoring evidence, and I did not see where Lively accepted that offer, so to me it is unclear whether that is actually being sent. Lively responded with all that stuff about the scheduling but I don't see where they said "ok, we'll take that video." If Wayfarer provided a separate audio track then I guess Lively could hire a company to do the sync.[/quote]

That's true, but I still feel it's on Baldoni's attorneys to work it out since in an earlier email there they promised to provide the video with sound (or else the dep would have to be delayed).  So it was kind of on them to provide film with sound in some way on Friday.  That's how we got to the agreement that the dep would go forward on Friday to begin with.  If they are going back on that now, it makes them look not great.  And the judge had to issue this order early Saturday morning based off the whole idea that the dep was going forward Thursday and this decision needed to be expedited, so they are going to look bad with Liman if they don't uphold their part of this bargain imo.

I don't disagree with you about where the email chain left off on communications.  I just do think the impetus is on Baldoni's attorneys to provide the film with sound and make an agreement that works.

Maybe we'll find out in an hour ha.[/quote]

The Wayfarer reply dropped and I think they made a strong argument in defense of their location.[/quote]

If it's true that the cases Lively cited are all about avoiding deposition in Pakistan that is legit hilarious. I think Wayfarer is right, conjecture and speculation isn't enough and it was presumptuous to declare that the deposition would take place at Lively's attorneys office. However I am sure Lively wants the last word and will file leave to reply with another letter tonight. [/quote]

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