Blake Lively is attempting to withdraw her claims against Justin Baldoni of intentional infliction of emotional distress and negligent infliction of emotional distress.
“Instead of complying with the Medical RFPs, Ms. Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her [infliction of emotional distress] Claims,” today’s filing states.
“However, Ms. Lively has refused the Wayfarer Parties’ reasonable request that the withdrawal of such claims be with prejudice.
“The Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive new damages claims under California law, rendering certain of Ms. Lively’s original claims no longer necessary.
Lively claims she was sexually harassed by Baldoni and producer Jamey Heath and subjected to a smear campaign by his proxies when she complained.
Blake Lively is making an effort to rescind her accusations of negligent and intentional emotional distress infliction against Justin Baldoni. In an attempt to defend the “It Ends With Us” director against her allegation of “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration, and mental anguish,” Baldoni’s legal team launched a discovery process that included her medical records. In an effort to force the actress to sign a HIPAA release granting access to therapy notes and other pertinent data, Baldoni’s lawyers filed a document on Monday that revealed Lively’s attempt to revoke the two claims.
“Msdot Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her [infliction of emotional distress] Claims, instead of complying with the Medical RFPs,” according to today’s filing. The reasonable request of the Wayfarer Parties that the withdrawal of such claims be made with prejudice, however, has been denied by Ms. Lively. She will only back out of her claims without causing any harm. To put it another way, Ms. Lively wishes to: (a) deny the information and documents required to refute the claim that she experienced emotional distress and/or that the Wayfarer Parties were the cause; and (b) retain the right to re-file her IED Claims in this or another court at a later date after the discovery period has ended. “.”.
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Mike Gottlieb and Esra Hudson, Lively’s attorneys, described the filing as “a press stunt” and stated that they are only “streamlining and focusing” her case. The retaliatory claims filed by Baldoni-Wayfarer have exposed them to extensive new damages claims under California law, negating the need for some of Ms. Lively’s initial claims. Ms. Lively is still claiming emotional distress in addition to a plethora of other claims in her lawsuit, including retaliation and sexual harassment, as well as significant additional compensatory damages for all of her claims. “”.
Lawyers for Baldoni chose not to comment.
The court will now have to determine whether to dismiss the two claims with or without prejudice, or to force Lively to provide the information about her mental health that she has attempted to evade. Access to the plaintiff’s medical records, which could provide insight into the cause and extent of the alleged distress, is customary in cases involving claims of physical or psychological harm. It is uncommon for a plaintiff to drop their claims in the middle of a lawsuit because it is known going into the case that medical records will be an unpleasant but necessary component of the discovery process.
In response, Lively’s attorneys filed a new document asking the court to punish Baldoni’s lawyers for misusing the docket and to strike down the motion to compel Lively. It is founded on two blatantly untrue claims. First, they assert that Ms. Lively has “refused” to provide medical and mental health information; however, the Lively filing stated that counsel for the Wayfarer Parties acknowledges that this information is only pertinent to Ms. Lively’s independent tort-based emotional distress claims, which she stated she was withdrawing. It is purposefully misleading to the Court and the public, who are the intended audience for this false record, to imply that Ms. Lively has “refused” to produce anything in relation to these claims, whether in her written discovery responses, during the parties’ conference, or at any point since. They also assert that Ms. Lively has “refused” to appropriately stipulate to dismissal. However, that would imply that there was any debate or mutual disagreement regarding the stipulation. As mentioned, none existed. “.”.
Judge Liman received the Baldoni filing in the U.S. A. Signed by lawyer Kevin Fritz and filed in the Southern District of New York, the case provides a glimpse of the back and forth that seems to have occurred between the opposing sides’ attorneys. It goes on: “Ms. Lively can’t have it both ways. To guarantee that they won’t be re-filed, the Wayfarer Parties are entitled to a dismissal with prejudice if Ms. Lively wishes to withdraw her baseless IED claims. The Wayfarer Parties will continue to defend against Ms. Lively if she refuses to stipulate to the dismissal of her IED Claims with prejudice. She will also be required to provide the medical records and information specified here. “”.
Lively’s lawsuit against Baldoni, which she filed in federal court in December after he sued the New York Times for defamation over its story about what happened on the set and in the lead-up to the release of the 2024 domestic violence drama as a box office hit that made $351 million worldwide off of a $25 million budget, included the two emotional distress claims as major elements. Baldoni and producer Jamey Heath allegedly sexually harassed Lively, and after she complained, his proxies launched a smear campaign against her. Baldoni, who is suing Lively and her husband Ryan Reynolds for $400 million, alleges that the “It Ends With Us” star defamed him after attempting to extort him.
Ms. Lively has put her physical and mental health in jeopardy by claiming that she sustained emotional and physical harm. As a result, she must provide pertinent documentation, including psychiatric records, according to today’s Baldoni filing. Alternatively put, Ms. Lively has renounced any doctor-patient privilege. “.”.
Six related lawsuits have been added to the saga’s twists and turns, which have swiftly taken over the docket. Baldoni’s former publicist Stephanie Jones is also suing him, claiming that she leaked text messages that caused the situation.
