Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I think it's not his testimony that matters, but the texts. He submitted a text, dated prior to Wayfarer's defamation suit against Sloane, where Vituscka told Freedman and Nathan that Sloane never said SA, yet they included that in their complaint. Wayfarer needs to explain that because it makes the suit against Sloane appear frivolous as that was their main claim of an actual defamatory statement from her. Also, Lively's side noted these texts were not included in production responsive to her RFPs because Wayfarer decided not to give them anything after December 20. I don't think there's any type of privilege to those texts because a journalist and lawyer communicating with each other will end up waiving both privileges. Liman will order them to turn them over, and with the actual full texts in hand Vituscka's credibility won't matter that much as to what Freedman knew. I looked again and the text where Vituscka says it was never SA is actually not dated, so Lively is going to need to get the full chain to confirm that information because Vituscka is indeed untrustworthy.
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.684.1.pdf

Actually, it was probably a mistake for Sloane to make a deal with Vituscka to get that statement from him and withdraw the subpoeana. She should have pushed to get all these communications back then. [/quote]

An undated text from a confirmed liar is not a problem.  Well, it may be if the text was manufactured recently, but for Lively/Jones.[/quote]

That's why they need to get it directly from Wayfarer. It should have been produced at least by defendant Melissa Nathan who is on the chain. My prediction is it will confirm the text was prior to filing the suit. I remember when Sloane was filing motions to get Wayfarer to at least identify the defamatory statements and they were very cagey about it and finally identified JV. [/quote]

The judge has already said he was going to disregard Ezra’s letter requesting this.[/quote]

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