Anonymous wrote:Anonymous wrote:Definitely flood the zone with sh*t approach
I thought that's what all those instagram and TikTok's complaining about Lively's 20 year old foibles were? PerezHilton is on Reddit now, helping his lawyer Freedman flood the zone. I'm not sure that Lively isn't trying to do this now (now that the ostensible time period that the complaint covers is over since Freedman doesn't want to be responsible for producing any docs after January 2025), but I'm pretty sure Freedman has been doing this all along. I just assumed that was at least part of the reason why posts mentioning Jed Wallace or Bryan Freedman instantly get downvoted on Reddit.
Anonymous wrote:Anonymous wrote:.Anonymous wrote:Anonymous wrote:New letter from Wayfarer attorney's regarding NYT's motion to stay discovery pending the MTD: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.117.0.pdf
Couple of interesting-ish things
-Even if NYT's case is dismissed, they still intend to serve them subpoenas for discovery in the Wayfarer/Lively case.
-Their argument on the merits is similar to some PPs in this thread: that NYT did not just report on the complaint, but made its own conclusions, without full context, and they cite one case where where a "reasonable jury could find that news article suggested more serious conduct than actually suggested in official proceeding."
-They noted "the Wayfarer Parties do not presently intend to move to dismiss Ms. Lively’s claims."
Only the third bullet surprised me... why wouldn't they be doing so?
Contrary to what some here post, it’s really hard to win a motion to dismiss because all allegations in the Complaint are taken as true for purposes of deciding the motion. It makes sense for the NYTimes and publicist because they can narrow the claims or get out altogether. Baldoni is in it for the long run because of his own complaints
Better to spend their dollars on opposing the motions to dismiss their claims and discovery.
Thank you for the common sense. The people here claiming the NYT MTD will be granted are dreaming. Of course there might be some carving down of issues, but that is typical
Reposting a similar thread from early March, where Baldoni supporters lectured others on how impossible it would be for Lively to win significant gains from the motions to dismiss so Freedman was correct not to file any, and that the NYT's MTD would never be granted. In case some people are having trouble remembering what they said.
Anonymous wrote:Definitely flood the zone with sh*t approach
Anonymous wrote:Anonymous wrote:.Anonymous wrote:Anonymous wrote:New letter from Wayfarer attorney's regarding NYT's motion to stay discovery pending the MTD: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.117.0.pdf
Couple of interesting-ish things
-Even if NYT's case is dismissed, they still intend to serve them subpoenas for discovery in the Wayfarer/Lively case.
-Their argument on the merits is similar to some PPs in this thread: that NYT did not just report on the complaint, but made its own conclusions, without full context, and they cite one case where where a "reasonable jury could find that news article suggested more serious conduct than actually suggested in official proceeding."
-They noted "the Wayfarer Parties do not presently intend to move to dismiss Ms. Lively’s claims."
Only the third bullet surprised me... why wouldn't they be doing so?
Contrary to what some here post, it’s really hard to win a motion to dismiss because all allegations in the Complaint are taken as true for purposes of deciding the motion. It makes sense for the NYTimes and publicist because they can narrow the claims or get out altogether. Baldoni is in it for the long run because of his own complaints
Better to spend their dollars on opposing the motions to dismiss their claims and discovery.
Thank you for the common sense. The people here claiming the NYT MTD will be granted are dreaming. Of course there might be some carving down of issues, but that is typical
Reposting a similar thread from early March, where Baldoni supporters lectured others on how impossible it would be for Lively to win significant gains from the motions to dismiss so Freedman was correct not to file any, and that the NYT's MTD would never be granted. In case some people are having trouble remembering what they said.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Honestly, I think it will be totally fine. But I understand why the Blake supporters are making a mountain out of a molehill.
I’m just so confused though. Were you wrong then when you all said 30 pages ago that the NYT’s Motion to Dismiss was bananas and clearly would not be granted because nothing in it (including the group pleading allegations) had legs? Or is your boy Freedman wrong and overreacting by acknowledging the truth of the group pleading allegations and saying he will file yet another amended complaint to correct them?
Go back and read. I said that the group pleading argument didn’t really matter because he would just be given the opportunity to replead. Which is what is going to happen.
Anonymous wrote:.Anonymous wrote:Anonymous wrote:New letter from Wayfarer attorney's regarding NYT's motion to stay discovery pending the MTD: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.117.0.pdf
Couple of interesting-ish things
-Even if NYT's case is dismissed, they still intend to serve them subpoenas for discovery in the Wayfarer/Lively case.
-Their argument on the merits is similar to some PPs in this thread: that NYT did not just report on the complaint, but made its own conclusions, without full context, and they cite one case where where a "reasonable jury could find that news article suggested more serious conduct than actually suggested in official proceeding."
-They noted "the Wayfarer Parties do not presently intend to move to dismiss Ms. Lively’s claims."
Only the third bullet surprised me... why wouldn't they be doing so?
Contrary to what some here post, it’s really hard to win a motion to dismiss because all allegations in the Complaint are taken as true for purposes of deciding the motion. It makes sense for the NYTimes and publicist because they can narrow the claims or get out altogether. Baldoni is in it for the long run because of his own complaints
Better to spend their dollars on opposing the motions to dismiss their claims and discovery.
Thank you for the common sense. The people here claiming the NYT MTD will be granted are dreaming. Of course there might be some carving down of issues, but that is typical
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:New letter from Wayfarer attorney's regarding NYT's motion to stay discovery pending the MTD: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.117.0.pdf
Couple of interesting-ish things
-Even if NYT's case is dismissed, they still intend to serve them subpoenas for discovery in the Wayfarer/Lively case.
-Their argument on the merits is similar to some PPs in this thread: that NYT did not just report on the complaint, but made its own conclusions, without full context, and they cite one case where where a "reasonable jury could find that news article suggested more serious conduct than actually suggested in official
proceeding."
-They noted "the Wayfarer Parties do not presently intend to move to dismiss Ms.
Lively’s claims."
Only the third bullet surprised me... why wouldn't they be doing so?
Could be that they are arguing that their own claims involve issues for the trier of fact that can't be dealt with in a motion to dismiss, and arguing that other claims could be dismissed at this stage could get in the way of that. And also as PP says, the Lively complaint is strong enough to survive such a motion.
I also found it interesting that Freedman is basically immediately conceding the group pleading point and noting that they will amend their complaint immediately (basically ignoring/evading NYTs argument that the complaint should be dismissed with prejudice on that basis alone). In other words, had Freedman not so amended, the complaint likely would have been dismissed on these grounds (likely without prejudice).
[/b]This is how one builds credibility with the Court. Now the judge doesn’t have to waste time on that argument.
lol no. You don’t build credibility by filing a crap complaint then amending it.
[b]The judge would have allowed them to replead anyway. This just moves up the timeline and saves the judge time. Now he just has to consider the actual dispositive arguments made by The NY Times.
probably but my point was it’s not “building credibility” to file a crap complaint then amend it when you see the MTD and you realize you are out of your depth legally
Worse, they already amended it once, didn't address the obvious defect, and now will want leave to amend it again. And at the same time, they are asking the court to deny the NYT's request to stay discovery until after the MTD has been resolved. So they are protracting the MTD deliberations due to their own sloppy pleading but also arguing they can't possibly be expected to wait until after the MTD proceedings are complete to start discovery against the NYT. It's so messy.
[b]It’s not messy at all. Discovery is already ongoing. You may be aware of that given that Blake’s subpoenas were just quashed for failure to meet the relevancy requirements. Had her lawyers just fixed them instead of ignoring their “obvious defects” once such defects were pointed out, they wouldn’t have been quashed. Sometimes a little humility goes a long way.
It’s not messy at all! Freedman is a legal mastermind! He probably intentionally made the group pleading mistake so that the judge would not be intimidated by his superior legal skillz!
What I said was it wasn’t messy for discovery to be going on while he amended the Complaint. But go off .. . This is likely the closest Blake will come to a development worth celebrating, even if it is completely meaningless.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Fwiw, over on Reddit there have been multiple posts from Baldoni supporters saying that with the dismissal order coming out, some of them are feeling defeated and that they kind of need to take a break from the case for a while, and are dropping posts on it from their feed. This is consistent with other comments I’ve seen about views from content providers who talk about the case having gone down quite a bit in the last few days/last week. Maybe they will pick up again with new Taylor Swift fodder, but I wouldn’t mind if some of the grifters had to grift elsewhere.
Pp I haven’t seen that. Link?
I think there was another post like this on the IEWlawsuits sub (which btw has mostly returned back to the way it was before now though new mods say they hope to “tolerate” a little more Lively support lol) but I can’t find it, maybe deleted? But here is one from the other sub: https://www.reddit.com/r/teamjustinbaldoni/comments/1lbj43g/not_giving_up_on_justin_but_anyone_else_feels/
Anonymous wrote:Anonymous wrote:Fwiw, over on Reddit there have been multiple posts from Baldoni supporters saying that with the dismissal order coming out, some of them are feeling defeated and that they kind of need to take a break from the case for a while, and are dropping posts on it from their feed. This is consistent with other comments I’ve seen about views from content providers who talk about the case having gone down quite a bit in the last few days/last week. Maybe they will pick up again with new Taylor Swift fodder, but I wouldn’t mind if some of the grifters had to grift elsewhere.
Pp I haven’t seen that. Link?