Blake Lively is attempting to withdraw her claims against Justin Baldoni of intentional infliction of emotional distress and negligent infliction of emotional distress. The move comes after Baldoni’s legal team sought discovery that included her medical records in their efforts to defend the “It Ends With Us” director against her claim that she suffered “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish.” Lively’s attempt to withdraw the two claims surfaced in a filing Monday by Baldoni’s attorneys, who are seeking to compel the actress to sign a HIPAA release for access to therapy notes and other relevant information.
“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. She is only willing to withdraw her claims without prejudice. In other words, Ms. Lively wants to simultaneously: (a) refuse to disclose the information and documents needed to disprove that she suffered any emotional distress and/or that the Wayfarer Parties were the cause; and (b) maintain the right to re-file her IED Claims at an unknown time in this or some other court after the discovery window has closed.”
Lively’s lawyers Esra Hudson and Mike Gottlieb called the filing “a press stunt” and noted that they are merely “streamlining and focusing” her case. “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. Ms. Lively continues to allege emotional distress, as part of numerous other claims in her lawsuit, such as sexual harassment and retaliation, and massive additional compensatory damages on all of her claims.”
Baldoni’s lawyers declined comment.
The court will now need to decide whether to compel Lively to turn over the information on her mental health, which she has sought to avoid, or dismiss the two claims with or without prejudice. It is standard procedure in cases alleging physical or emotional injury for the defense to access the plaintiff’s medical records that would shine a light on the root and scope of alleged distress. What is unusual is for a plaintiff to abandon the claims midstream given that it is well known heading into such a lawsuit that medical records will be an unpleasant but inevitable part of the discovery process.
The filing, addressed to Judge Liman in U.S. District Court Southern District of New York and signed by Baldoni attorney Kevin Fritz, offers a window on a back and forth that appears to have played out between lawyers for the dueling sides. It continues: “Ms. Lively cannot have it both ways. If Ms. Lively wants to withdraw her frivolous IED Claims, the Wayfarer Parties are entitled to a dismissal with prejudice to ensure they will not be re-filed. If Ms. Lively is unwilling to stipulate to the dismissal of her IED Claims with prejudice, then the Wayfarer Parties will continue to defend against them, and she must produce her medical information and documents as set forth herein.”
The two emotional distress claims were key components of 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 run-up to the release of the 2024 domestic violence drama, which became a box-office hit, earning $351 million at the box office worldwide off of a $25 million budget. Lively claims she was sexually harassed by Baldoni and producer Jamey Heath and subjected to a smear campaign by his proxies when she complained. Baldoni, who is suing Lively and her husband Ryan Reynolds for $400 million, claims the “It Ends With Us” star tried to extort him and subsequently defamed him.
“By alleging that she suffered physical and emotional injuries, Ms. Lively has placed her physical and mental condition at issue and, in turn, must produce relevant information and documents [including] psychiatric records,” today’s filing states. “In other words, Ms. Lively has waived any doctor-patient privilege.”
The twists and turns in the saga, which now includes six related lawsuits, have hit the docket quickly. Baldoni is also suing and being sued by his former publicist Stephanie Jones who he claims leaked text messages that sparked the ordeal.
