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Reply to "Blake Lively- Jason Baldoni and NYT - False Light claims "
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[quote=Anonymous][quote=Anonymous]I am going to admit that I don't really understand why Fritz was claiming that the CCs listed in their interrogatories were merely CCs that TAG had communicated with (which is the language the ROG originally used, "communicated with in any manner,") when this ROG was the subject of a motion to compel. Baldoni wanted to limit the ROG to only CCs who had over 10K followers etc, but Lively refused. https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.295.1.pdf (from docket entry 298). The Judge's order at docket entry 355 required that they identify not just CCs "who can generate, create, or influence online content, but only the much smaller subset of those who do so on the behalf of or at the request of a given Wayfarer party." https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.355.0.pdf So I do not understand Fritz claiming that their ROGs only name CCs TAG communicated with: "Without citation to any evidence, the Motion alleges that the individuals identified in the Interrogatory Responses “have spoken publicly about Ms. Lively and this lawsuit, [b]apparently at the behest of TAG and the other Wayfarer Defendants.[/b]” (Dkt. 449, p. 2) (emphasis added). However, the Motion ignores the broad scope of the Interrogatories, which seeks the names of those with whom TAG has merely “communicated” concerning (among other topics) Lively, her allegations, or this lawsuit, from May 2024 through the present. (Dkt. 451-1, p. 12 – 14). That is why the Interrogatory Responses identify those to whom TAG has harmlessly provided quotes from the Wayfarer Parties’ counsel in response to media requests for formal statements in connection with legal developments herein, as Lively’s legal team has repeatedly done." https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.460.0.pdf I thought the "at the behest" of language was specifically related to what the judge required, re CCs who made content "directly or indirectly at the request of, or on behalf of, any Wayfarer Party." Which is not to say any of the CCs Lively subpoenaed were in TAG's ROGs (or any except one), or that this wasn't a bad move by Hudson. I just think Fritz is kind of ignoring the language he was ordered to answer the ROGs with.[/quote] Tbh there was a lot of careful lawyerly wording in both Hudson's letter and Fritz's response, which has made it very frustrating to watch the online back and forth with people making exactly the intended assumptions that weren't actually stated lol. Hudson (seemingly) intended people to think all the Google etc subpoenas were based on the TAG ROG response, but in fact all she said was that BL needs the response de-designated so that she can explain to third parties why they got subpoenaed. (And the only third party who was outright cited as an example was Popcorn Planet dude, who received an individual subp in addition to being part of the Google subp.) Meanwhile Fritz said their ROG response identifies "those to whom TAG has harmlessly provided quotes from the Wayfarer Parties’ counsel in response to media requests for formal statements" but does not say their response ONLY identifies such creators or that those creators are identified ONLY because they sought and received a statement. (As the previous poster notes, there were other criteria for being on the list ie engaging on SM at request or on behalf of Wayfarer parties.) And there's another sneakily worded bit where he says "TAG did not communicate with any Content Creators about t[b]his matter, or the underlying allegations[/b], until 2025 when requests for comment were proffered"...but that does not preclude communicating with CCs in 2024 about how awful BL is and how they should tell everybody exactly that if they want to go mega-viral lol. [/quote]
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