Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Everybody gets a one day dep under the federal rules unless there is cause for additional time.

Liman caused this pile up inadvertently by releasing his Wallace decision today.

Am I correct that Fritz was not agreeing to reserve any portion of the 7 hours for Wallace if Wallace came back in to the case?  That was said on Reddit. If so, that was strategic from Fritz because he didn’t want to lose any of his time. Which he would have been losing as of yesterday, when Wallace was still in the case.

Likewise, Lively doesn’t want to be deposed any longer than necessary lol.

Wallace being in weird party/non party limbo caused the issue. Liman seemed to want to find a way for everyone to depose Lively tomorrow to stick to the schedule (THE SCHEDULE ABOVE ALL!!!) but couldn’t work out a way that was legally defensible.  Could he have ordered, under the rules, for the dep to proceed without Wallace, and Wallace to convene later if he was still in the case, in excess of seven hours?  That’s the only other solution I’m aware of besides what they did. Is the fact that he didn’t do that what others are saying is unfair?  Would you be okay with Baldoni’s or Heath’s deps being extended in the same way?[/quote]

This is incorrect.  The judge offered and Babcock agreed to a dummy complaint against Wallace.   In that scenario, he asked if Gottlieb added new claims to a subsequent complaint, he get a chance to depose Blake in the future on those claims, IF ANY, only.   This was the solution that made sense, and Gottlieb would not agree to it.[/quote]

Everyone was being mildly inflexible, and that's what led to the postponement. Babcock actually pushed back a bit on the "dummy complaint" suggestion (he's the one who said "depends on how stupid it is" which was funny) because he really only wants to depose Blake after the SAC. Which is reasonable, but means a delay. Blake doesn't want to delay her deposition (she's probably been in full prep mode for at least a week, so delaying last second is a mental and scheduling annoyance) but also doesn't want to sit for two depositions, for the same reason. All of that is also reasonable despite what pro-JB people will say (Baldoni would also push back against being deposed twice for the same reasons). And Wayfarer doesn't want to give up any of their time to Babcock.

So the only possible solution was to push it back even though that's not really what anyone but Babcock wanted. This is being portrayed as Lively trying to get out of her depo, which makes no sense, she's going to be deposed and that was always the case, you cannot bring a lawsuit and then avoid deposition. Or as Gottlieb being unreasonable on multiple depositions but no lawyer agrees to multiple depos for their client without extraordinary circumstances -- I'm talking an earthquake or something, not a procedural quandary posed by a judge dismissing one defendant without prejudice at a bad time. Freedman/Fritz and Babcock would also refuse to have their clients deposed multiple times. The rules allow parties to push back on that so they will.[/quote]

Yes, hard agree on ALL OF THIS, thank you!  Honestly, if Lively had wanted to postpone the dep, Gottlieb would have acquiesced to Garofalo (I disagree with the PP who thought Gottlieb kinda wanted to delay but didn't want to make it look like it was their responsibility.  No.  He threatened sanctions!  That's not someone who wants to push this off.).

Frankly, this really, really helps Baldoni's team if they are switching up the attorney who is taking this dep and decided that switch recently.  They now have a lot more time to prepare.  And if it's still Freedman, that's probably still helpful because he gets more time to distance himself from whatever weird crisis he was going through in late June.  [/quote]

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