Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]^ should say it was granted as to all requests except tax docs AND financial docs. Was typing as I was reading. Looks like Lively's team has to go back to square one for all their requests related to damages, not just the tax stuff.[/quote]

Ah, sorry folks, I am trying to do so much. Actually Lively is getting the financial docs! Here's what Liman says:

[i]The Wayfarer Parties are seeking substantial economic damages in this case from Lively’s alleged tortious conduct... [b]Documents sufficient to show the net worth of each of the Wayfarer Parties, including financial statements, assets, and liabilities, and for the corporate entities, financial statements, year-end balance statements, and documents sufficient to show gross income, net income, and expenditures, are relevant and should be produced.[/b][/i]

BUT

[i]However, Lively has not shown an entitlement to the tax returns of the Wayfarer Parties. “Due to ‘the private nature of the sensitive information contained therein, and in part from the public interest in encouraging the filing by taxpayers of complete and accurate returns,’ courts
‘have long been reluctant’ to order discovery of tax returns.”... [b]Although the returns are relevant to the subject matter of the action, Lively has not shown that the information she seeks will not be contained within the other documents she has requested and that the Court has ordered be
produced.[/b] Lively also has not shown that documents concerning the liquidation of assets by Abel, Nathan, Baldoni, Heath, and Sarowitz are relevant to the claim for damages.[/I]

So she is actually getting a lot of financial docs, but not the tax returns and not the liquidation of assets docs. However, if once she has the other documents, it turns out that there is information related to damages that is still missing, she could make another request for the tax and liquidation docs, but it would need to be targeted to what is missing and the bar for showing that the info is need will be higher because of the higher privacy standard regarding tax documents.

OK, I think this is accurate now. Sorry about the confusion.[/quote]

Thank you! [/quote]

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