Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is the statement of facts with Lively's reply: 
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

Wayfarer wrote: 64. Footage of the birthing scene shows Lively covered with a hospital gown and a
prosthetic pregnancy belly. Ex. 74, WAYFARER_000140494

Lively wrote: 
26
Plaintiff’s Response 64: Disputed as incomplete and misleading. While certain
footage of the birthing scene shows Lively wearing a hospital gown and a prosthetic pregnancy
belly, production blocked and filmed the scene over several hours using multiple framings and
angles, including angles that depicted Lively’s side profile fully nude from the chest down. To
obtain those shots, the hospital gown was positioned only to cover her breasts, with an exposed
prosthetic belly and a small, thin piece of flat black fabric covering her genital area. During
filming, Lively lay on her back with her legs placed in stirrups while a male actor—whom she
later learned was a personal friend of Baldoni—stood positioned between her legs for the scene.
Accordingly, the cited footage does not fully or accurately reflect the partial nudity, nudity–
simulating blocking, and filming that occurred. Exs. 16; 13, Baker Tr. 209:20–210:14; 14, Talbot
Tr. 69:13–21, 86:7–16, 143:13–25, 145:16-146:17; Lively Decl. ¶¶ 14–15; see also Wayfarer Ex.
91, at Resp. 23
[/quote]

23:00 here. Yes, this is an earlier document. The way a 56.1 statement works is the parties will go back and forth submitting their "undisputed facts" and disputing them until they have actually gotten to the truly undisputed facts. It's normal for things to continually be stripped away because they are, well, disputed. So the most recent filing simply says that Lively was wearing a hospital gown, prosthetic belly, and as trip of fabric over her genitals, with no detail about how the gown was placed, the color or size of the strip, or what parts of Lively's body were visible. It also references a video that it's clear both parties will accept as valid evidence. That's as much as they are willing to agree on, and anything else is disputed and could be argued before the jury (IF deemed relevant, some of what they are quibbling over might be deemed irrelevant to whatever claims ultimately get tried, in which case the judge won't allow testimony or arguments on them).

It's clear some people in the thread are unfamiliar with how this phase of litigation works and what purpose it serves.[/quote]

Weird that you are unable to read the word “black fabric” that indisputably appears in her SOF.  They don’t put you in black fabric  are tying to make you look naked.[/quote]

Again, that's not the final SOF. The one you are referring to was filed back in December. Since then, another one was filed that does not say "black" but only "fabric strip". And that's the ACTUAL undisputed fact -- Lively was wearing a fabric strip over her genitals. Both parties agree to that.

Lively may not have been able to remember what color the fabric strip was until Baldoni finally produced the unedited footage of the scene, which it appears he produced quite late, so she may have wavered on color and been willing to concede it was black (since the other side kept insisting it was) until this footage was produced that showed, low and behold, it wasn't black.

The fact that you are CONVINCED she was wearing "black briefs" despite video footage showing it was nude and the fact that Wayfarer has already conceded to call it a "fabric strip", not briefs, just shows how effectively Wayfarer has mislead the public by simply lying in their pleadings for a year, dragging their feet on discovery, and muddying the waters on easily documented facts, like that Livley was wearing a nude colored modesty panel in the birth scene, also known as a thin strip of fabric designed to cover only one's genitals and an intimate or nude scene, just as she alleged in her original complaint.[/quote]

Learn to read moron. Blake admits they were black.[/quote]

Pics or it didn't happen.[/quote]

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