In defamation cases under California Civil Code Section 47.1, the burden of proof for establishing privilege may differ depending on whether the application is for attorney's fees alone or also for travel and punitive damages, and whether Section 47.1b relief is sought through Rule 54 of the Federal Rules of Civil Procedure.
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BREAKING: Judge Sets Hearing for Lively and Baldoni Final Showdown Over "Me Too" DamagesAdded:
All right. So, the judge just put out this order within the last hour or so.
And he's going to have a hearing on Monday.
That's June 1st, and so I'm going to be going back to New York for that.
And uh you know, I was just there for a little over a week, like 8 days or something, and then I came back, and now I'm going to have to to go back. But >> [laughter] >> I I don't want to miss that, you know?
This is kind of like the end of this whole story that I've been following this entire time.
And I I wouldn't want to miss that.
So, yeah.
Um let's go ahead and see what the judge had to say and what this kind of entails, and then we'll talk for a second um about what I'm going to go over with you later tonight, which is the New York Times, I think it was earlier this week, put out another article regarding this like pending 47.1 uh ruling, and I wanted to kind of talk about that.
So.
Hopefully you guys can read this. Let me see if I can I'll do this. Let me make my head a little smaller. There we go. Okay, cool.
All right.
It says defendant Blake Lively moves for fees, costs, and damages under California Civil Code Section 47.1.
The court will receive argument and letter briefs on the following questions.
Assuming, without deciding, that an application by a prevailing defendant for relief under Section 47.1b may be made pursuant to Federal Rule of Civil Civil Code Procedure 54, which party bears the burden of proof of showing that the communication is privileged under Section 47.1a, including whether that burden differs depending on whether the application is for attorney's fees alone or also for travel and punitive damages, and whether the burden differs where Section 47.1b relief is sought through Rule 54 of the FRCP. The parties may also address how that burden may be discharged.
Give me one second.
If you guys are just coming in, let me know if you can hear me okay.
Okay.
I made some notes here.
So, let me read you the rest of the document and then we'll go over these notes. Because and remember, I'm not a lawyer, so I can go over my interpretation of things with you, but I can't uh you know, tell you exactly what the law says or how this is going to go.
Um by May 31st at 5:00, so that's Sunday, each side may submit a single-space letter of no more than two pages with 12-point font and no footnotes. Okay, Professor.
>> [laughter] >> Limited to listing the cases that the party would like the court to review with quoting or explanatory parentheticals. Okay. Court will hear arguments on June 1st, that's Monday at 2:00 p.m. in courtroom 15C of the 500 Pearl Street Courthouse. Argument will last 1 hour with each side allocated 1/2 hour. So, if you are wondering if I'm going to drag my ass back to New York for 1 hour of hearing, the answer uh would be yes.
Yeah.
>> [laughter] >> I'm going to do that. Um I want to see how this ends. I want to be able to see for myself what's being said and then how I interpret his reactions to the lawyers.
So, somebody says, "What? No 1,000 pages allowed?"
>> [laughter] >> Well, we don't need another Texas-sized filing. My god.
That was a nightmare.
So, um that that was pretty much it. There's nothing more to this, but let me see.
Before I started the stream, I had texted a couple people. So, let me see what they I wrote down a little bit about what they said, okay?
So, assuming this law can be used through federal rule 54 after judgment, who has to prove whether the allegedly defamatory statements are privileged or not?
Okay, that's that's a little confusing to me. I'm not going to lie.
But maybe I could get them to come back in with me later tonight and uh help me out with that because I'm not going to lie to you, this is a little confusing to me what the judge wrote in this one.
Okay.
If I could if I felt like I could interpret this right now for you, I would.
But I think that's a bad idea. Because even these like notes I made in the text messages, it's like I have so many questions.
Yeah, we'll just leave it at that for now. So, yeah, I'll be going back to New York to listen to that assuming it moves forward, which I don't understand why it wouldn't, you know what I mean? Epic court moment, the defense wants to hear from Legal Lauren. I have I have nothing to add on this, dude. I'm happy to just watch, sit down, be respectful in the courtroom, you know what I mean?
Um so, yeah, I will be going to that. I also have another stream scheduled for tonight because I was planning on on coming back into it tonight anyways. I went I did like one thing last week when I was in New York because that's all I had like time for and energy for, to be honest.
So, I scheduled something for like 9:00 p.m. When this video ends, it'll redirect you to that.
But I will pull that up for you right now anyways.
And I'll put a link in the chat here, the live chat here.
Sorry, this is like a really short update, but uh I did want to let you guys know what was happening. I didn't want to like I I don't know. I saw that it popped up, and I didn't want to like wait 2 hours, you know what I mean, until the next one, so.
You guys know how I like to get to things right away, which is part of why it's so important for me to take breaks from stuff.
All right, I'm going to pin that in the live chat here.
Okay.
Um it has been the right choice, I think, to take a break from the internet in general. I explained a little bit about that last week, but also just like when people get bored, when people are waiting for updates in this case, and like, you know, like looking for something more to comment on when they've been following it so closely for such a long time, they start like picking at weird things.
So, the number of like strange conspiracy theories involving me and and who I know and and what I've done is like increased in this time, because like when crazy people get bored, >> [laughter] >> and I don't mean like actual I'm not I know when people some people don't like when you use the word crazy, but when I say crazy, I just mean like people doing weird stuff, you know what I mean? When when crazy people get bored, they go to places in their brains that they shouldn't go sometimes. And I feel like I've been the target of a lot of that lately. Um I try not to give too much attention to it. I I did I I went and I did that once, okay? Once last week, and I was like, "Oh my god, you people are insane."
Uh and I am going to go ahead and and part ways with that corner of the internet. So, I've been just just taking a a clean break for a little bit.
Um I am going to redirect you to that stream on the New York Times article regarding this that I'm going to do at 9:00 p.m.
Eastern.
Um but that if you missed it, if you weren't here a couple minutes ago, the uh hearing is going to be on Monday.
So, I'm going to be there.
Um, somebody says, "I'm guessing this means he's going to grant her request. Yikes."
Totally I I understand where you're coming from because I know a lot of people have different opinions about the judge, but I want to say I I disagree with this assessment. I think that I would not be that concerned right now because he was extremely thorough and well-versed in the subject matter, very in touch with the industry and everything that was going on when I went to that last hearing, right? On the summary judgment motions, and then people were like so certain so certain that he was biased and he was going to keep all of Lively's claims and they were going to rule against Justin, and then he threw out 10 10 of her claims, including all of the sexual harassment claims because during those hearings you could really tell that he was dialed into everything that was happening and and really carefully considering um, the context of everything that was happening. The accusations in the context of a film set versus like a Starbucks workplace. You know what I mean? So, I would urge everyone not to freak out.
That's just my two cents having been there and seeing how things work.
I mean, I can't tell you that he's not going to rule in her favor. I can't tell you that, right? But, um, I got a really good impression when I was there last time and you know, sometimes obviously I don't don't love his rulings and I don't love the way that he words things all the time, but I felt like he was he was he was doing his job pretty well.
Um, and this is public. So, I think people can go and see it if they want to, so. Um, I will triple check that this is going to be a public hearing and if it is, then I'll go. And if it's not, then I won't, but I'm pretty sure it will be, so.
All right. Uh thanks everybody. If you want to uh hang out in like an hour and 15 minutes or so, I'll be talking about that New York Times article regarding this issue, and then we'll uh because the New York Times has put out another article about this case recently, so uh and I will see you then.
All right.
Thanks.
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