*
Lively accused Baldoni of sexual harassment, smear
campaign
*
Baldoni's lawyers say he addressed Lively's concerns on
movie
set
*
Trial scheduled for May
(Adds start of hearing, paragraphs 1-2, comments from Baldoni's
lawyer, judge, in paragraphs 7-9)
NEW YORK, Jan 22 (Reuters) - A federal judge on Thursday
began hearing arguments on actor Justin Baldoni's bid to dismiss
actor Blake Lively's lawsuit accusing him of sexual harassment
and waging a smear campaign in connection with their 2024 movie
"It Ends With Us."
Both sides are expected to make arguments at a hearing
before U.S. District Judge Lewis Liman in Manhattan, after an
acrimonious battle for more than a year that transfixed
Hollywood and involved names including Lively's husband Ryan
Reynolds and longtime friend Taylor Swift.
Lively, 38, accused Baldoni, who directed and co-starred in
"It Ends With Us," and his Wayfarer Studios of coordinating a
scheme to silence her and others from speaking out about the
hostile environment they allegedly created on the film's set.
Thousands of pages of documents made public this week
included Lively's claim that Baldoni, 41, pressured her
unnecessarily to simulate nudity during a film scene where her
character gave birth in a hospital.
Also released this week were text messages between Lively
and Swift, including a December 5, 2024, text message where the
superstar singer likened Lively's and Baldoni's relationship to
"a horror film no one knows is taking place."
Lively is seeking unspecified damages for alleged
harassment, invasion of privacy and violations of federal and
state civil rights laws. A trial is scheduled for May 18.
Jonathan Bach, a lawyer for Baldoni, told the judge that
"context matters" and that in the context of making a film with
adult situations, the "trivial things and petty slights" that
Lively alleged didn't support letting her case continue.
"It's not enough to show that sex or sexuality found its way
into the workplace", Bach said. "Their burden is to show that it
not only entered the workplace, but was used to discriminate
against women."
Bach also characterized Lively's case as being littered with
"small potatoes," prompting the judge to say: "A whole bunch of
little things can add up to a big thing."
BALDONI HAS SAID HE ADDRESSED LIVELY'S CONCERNS
In seeking a dismissal, lawyers for Baldoni said he resolved
Lively's concerns about sporadic misunderstandings and "awkward
comments" on the film set, including over her physical
appearance, as soon as she raised them.
They also said Baldoni had a right to hire a crisis
management firm to defend his reputation after Lively began
disparaging him publicly.
Lively's lawyers countered that the dispute concerned more
than merely "minor annoyances fueled by creative differences."
They said a jury should consider the alleged "toxic
environment" where Baldoni and Wayfarer ignored numerous women's
claims of being sexualized and marginalized, and then pursued a
strategy of "deny" and "attack."
The dispute burst into public view in mid-December 2024 when
Lively filed a complaint against Baldoni with the California
Civil Rights Department, followed by her lawsuit, and a New York
Times article titled: "'We Can Bury Anyone': Inside a Hollywood
Smear Machine."
Baldoni filed a $400 million countersuit accusing Lively and
Reynolds of trying to destroy his reputation, but Liman
dismissed that case last June. The judge also dismissed
Baldoni's related $250 million defamation case against the
Times.
"It Ends With Us" generated mixed reviews but grossed more
than $351 million worldwide according to Box Office Mojo.