Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The "cop a look phrase" never came from Blake. This was something Wayfarer put in that timeline document early on -- it is their characterization of how Lively later described the incident when she discussed it with Heath and Baldoni. They claim she said she knew he wasn't trying to "cop a look." But Blake never testified to saying that. She has consistently said that she told him not to come in and then when he insisted, asked him to look at the wall, and then he looked at her anyway.[/quote]

They specifically brought up that quote at oral argument so they have something more than recollection.   They probably recorded the conversation where she said it.  Jamie Heath recorded pretty much everything.[/quote]

He testified he rarely recorded anything but a handful of phone calls he turned over in discovery.[/quote]

Again, the WF lawyers are relying on some piece of evidence when making the representation to the Court.  Blake has been found to be lying with respect to pretty much all of her allegations, so not surprising this is another one.[/quote]

You can't even point to a court transcript saying they made that representation in court. What is your evidence this was even raised in court? Some tweet with a summary of oral arguments?

And no, there is zero evidence that they are relying on "some piece of evidence" (that for mysterious reasons has not been listed in any of the pleadings thus far nor unsealed) when they say stuff like this. That comment originally came from the timeline Wayfarer put together early in the case. It has not been corroborated and Blake certainly didn't testify to.

This is increasingly embarrassing for the Baldoni Bro.[/quote]

Well, you posted the entire oral argument transcript posted on Twitter word for word in this thread and it’s very clearly there.  [/quote]

No, [expletive redacted for manners]. I posted direct quotes from Lively's deposition as recorded by an official court reporter and submitted on the docket, and linked directly to that deposition so you can check to see that I transcribed it correctly. I wasn't quoting a Twitter thread because I'm not a total idiot.[/quote]

You cherry picked. I read Blake’s deposition and she told him he could come in b/c she did not want to have to postpone the other meeting. She also did say in front of witnesses at a subsequent meeting I know you weren’t trying to cop a look.[/quote]

Blake only said he could stay (in order to avoid postponing the meeting) after Jamey enters without permission and refuses to leave when asked. This is very clear in her deposition.

Where are the depositions of witnesses saying that Blake said "I know you weren't trying to cop a look"? Where is the evidence this actually happened?

I feel I should also say that insisting on looking at a colleague who is undressed is still harassment even if you aren't doing it to "cop a look." It is a violation. If your boss walked in on you when you were in your underwear and you asked them to leave and they refused and just stood there looking at you, would it matter to you if they weren't like turned on by looking at you? They might be doing it to humiliate you or simply to show you that you don't have the power to decide when they look at you and under what circumstances, even just to assert that you should be clothed before speaking to them. And if your job literally required you to undress at work multiple times a day, as Blake's does, a boss who insists they have a right to look at you while undressed would feel very threatening, don't you think?

So even if he wasn't "trying to cop a look," it was still wrong for him to insist on holding that meeting while Blake was naked and could not get dressed. It's still a violation.[/quote]

There is other evidence on the record that Blake wasn’t nude and Heath was in her trailer for only a few minutes (less than 5 per both Jamey and Blake’s account).  He later apologized to her in the event that the encounter may her uncomfortable and she responded it’s ok, I know you didn’t cop a look”. Perhaps start reading the WF evidence and legal filings instead of just Blake’s.[/quote]

Maybe you should read their evidence. Heath did not testify that she was clothed -- he claimed that he didn't know if she was clothed or not and thought she was asking him to turn around because she was nursing. However he did admit under questioning that obviously the reason a nursing mother would ask someone to turn around during nursing is because it necessitates being unclothed.

Here is Heath in his deposition speaking about the incident. This is p. 145-147, I have removed objections for clarity:

Q: I guess my question is, you understood, though, from your discussions with her that the issue about you entering her trailer was because she was nude from the waist up, right?
A: No. 
Q: You did think she asked you to turn around because she was nude from the waist up?
A: I did not think that. 
Q: Does she typically ask you to turn around when she's having conversations with you when she has her clothes on?
A: Fair. 
Q: Okay.
A: I didn't see her, what she was wearing or not wearing. I saw that she was leaning back, and it looked like she was either feeding or maybe nursing -- or pumping. That's what it appeared she was doing. When she asked me to look away, I thought it was in that regard.
Q: I understand --
A: So I never saw it, so I didn't question that. So I moved over and looked away based on that.
Q: Okay. But even nursing or pumping involves activity with a woman's breasts, right?
A: Sure.
Q: And you understood that it was in that context that she was asking you not to look, right?
A: Fair. She asked me to look away, so whatever she was doing, she didn't want me to -- 
Q Right.
A Sure.
Q And what she was doing was something that had to do with her breasts being exposed or involved?
A Okay.

Here is the link to the deposition so that you can check my transcription: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1072.24.pdf[/quote]

He quite clearly says “no” when asked if she was nude from the waist up.  Surely you read these excerpts before you post them, right?  Most women breastfeed without being nude.[/quote]

But then he says "I didn't see her, what she was wearing or not wearing." So which is it -- he remembers she was clothed or he doesn't know?

And then he says she asked him to turn around and that he understood her to be asking him to turn around because she was nursing, and he also said he understood that the reason someone would ask you to turn around while nursing is because their breasts are exposed and they don't want you to see their breasts.

Heath is trying to play dumb but he can't, not without just outright lying. He knew she was exposed and that the reason she asked him to turn around was so that he would not see her exposed.[/quote]

Well, she told him to look away and he did, so not really fair to expect him to memorize her clothing.  Entirely consistent to know she wasn’t completely nude, but to not remember the details of what she was wearing when told not to look at her.  He does say she was breast feeding.[/quote]

Three people testified that he was looking directly at her after agreeing to turn around.

She was undressed.
He was asked not to come in and then asked to leave.
He refused but agreed to turn away.
Then he looked directly at her anyway.

That is not ok. I don't even like Blake Lively as an actress or her public persona, but she deserves a workplace where her boss doesn't look at her naked without her consent, because everyone does.[/quote]

We’ll have to consider all the sworn testimony , not just Blake and her personal employees.  Further the testimony of Blake and her employees are not even consistent among themselves.[/quote]

Even Heath admits under oath that she asked him to turn around and that she must have done so because she was unclothed/exposed and didn't want him to see.

The MUA and hairstylist were employees of the movie, not Blake.[/quote]

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