11. Unfortunately for Baldoni, Heath and Freedman, they chose to severely underestimate the power and determination of woman coming together to speak up against injustice..
10. We've all been saying for months this was coming and THAT Lively engaged in a protected activity and Wayfarer retaliated with a targeted campaign of reputation destruction would be settled before trial.
9. It's a trap Wayfarer knew they were walking into by destroying discovery and clearly felt was better than the alternative, handing those conversations over.
8. In other words, Wayfarer claimed Lively can't have one set of August 2024 documents because they WERE prepared anticipating litigation, while also claiming they destroyed and deleted other August 2024 documents NOT anticipating litigation.
7. And in their own privilege logs, they were claiming "Work product" which is specifically material produced in anticipation of litigation in August 2024.
6. According to Wayfarer's own timeline, Abel was preserving documents, witness testimony and evidence in anticipation of a "legal response" in July 2024.
5. Lively's team says the November 2023 letter from her lawyers making it clear legal action would be pursued if things were not resolved put Wayfarer on notice.
4. Wayfarer have attempted to argue they were not on notice until Dec 20th when Lively filed her lawsuit. But Wayfarer's own evidence says otherwise...
3. Lively's team argue Wayfarer intentionally set their communications to delete, despite knowing they had a duty to preserve communications, in anticipation of of litigation.
2. None of which is surprising if you've been following how discovery has been going, with Wayfarer delaying producing documents, then saying documents they were going to produce don't exist.
8. This is a huge first step on what is likely to be a long road and one in which I hope they ultimately prevail, bringing justice for Travis and a hopefully a measure of closure for the family regarding Baldoni and Freedman's history of unethical and exploitative behavior.
5. Travis passed in 2024, but his family and friends continued to advocate, demanding answers from Baldoni who refused to even talk to the grieving family.
4. In 2022, under the advice of his lawyers, Flores voluntarily dismissed his case, being told that Baldoni had the money and means to destroy Flores' finances and health.
3. Flores, a writer, activist and advocate was diagnosed with cystic fibrosis. In 2019 he appeared on Baldoni's CW Show "My Last Days", which explored the stories of those living with terminal illnesses
2. In 2021 Travis Flores sued Baldoni and Wayfarer for copyright infringement, claiming Baldoni's "Five Feet Apart" was strikingly similar to his own screenplay, "Three feet distance", written years earlier.
Justin Baldoni's Lawyer, Bryan Freedman, who previously encouraged Travis Flores to drop his lawsuit against Baldoni, is now being sued for malpractice by Flores’ husband, Clément Souyri... 🧵
5. What is concerning is this is exactly what was predicted. If the general public with no formal legal training can understand Judge Liman's rules and Federal Court procedure...
Why are Wayfarer's (highly paid) legal professionals consistently getting it so wrong?
3. The Judge called Wayfarer's opposition "meritless" shredding their due diligence argument by pointing out Jones provided ample communication, while it was Wayfarer who failed to exercise any diligence in raising their objections.
2. Liman argues that all parties operated under the assumption Heath's deposition was a joint deposition as an individual and as Wayfarer's corporate designee.
Given that, Liman's ruling granting an extension to Heath's deposition was with that in mind.
