Blake Lively Withdraws Emotional Distress Claims in Justin Baldoni Lawsuit

UPDATE: Blake Lively's request to drop emotional distress claims against Justin Baldoni has been approved by Judge Liman. As for Baldoni's request for Lively's medical records, Liman has rejected it "based on Plaintiff’s representation that the relevant claims will be withdrawn."

Liman added, "Lively’s request that ‘because the parties have agreed to dismiss Ms. Lively’s tenth and eleventh causes of action... the Court exercise its inherent authority and authority under Rule 15 to dismiss them without prejudice’ is denied without prejudice to renewal. The parties shall stipulate to whether the dismissal is with or without prejudice, or Lively shall renew her request by formal motion. For avoidance of doubt, if the claims are not dismissed, the Court will preclude Lively from offering any evidence of emotional distress.”

After the ruling, Blake's lawyers said, "Ms. Lively has offered to dismiss those claims because they are no longer necessary, and she will continue to pursue emotional distress damages through other claims in her lawsuit, including sexual harassment and retaliation.”

It’s ugly between Blake Lively and Justin Baldoni, but Lively is seeking to withdraw some claims against her “It Ends with Us” co-star.

Variety reports that Lively is looking to remove claims of intentional infliction of emotional distress and negligent infliction of emotional distress from her lawsuit against Baldoni.

The news comes after Baldoni’s legal team requested the release of her therapy notes and anything relevant to the claims.

In a filing, Baldoni’s lawyers said, “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. However, Ms. Lively has refused the Wayfarer Parties’ reasonable request that the withdrawal of such claims be with prejudice.”

They continued, “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.”

The court will have to decide on whether to order Lively to turn over relevant information or dismiss the claims.

Baldoni’s team argued in a filing addressed to Judge Liman, “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.”

In response, Blake's team told "Extra" on Monday afternoon, "Once again this is a routine part of the litigation process that is being used as a press stunt. We are doing what trial lawyers do: preparing our case for trial by streamlining and focusing it; they are doing what they do: desperately seeking another tired round of tabloid coverage. 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.”

In December, Lively filed a legal complaint with the California Civil Rights Department claiming Baldoni sexually harassed her on set. 

Two months later, she also accused him of emotional distress and defamation.

In court docs, her lawyers said, “The emotional impact on Ms. Lively has been extreme, not only affecting her, but her family, including her husband and four children. There are days when she has struggled to get out of bed, and she frequently chooses not to venture outside in public.”

Amid all the legal drama, her lawyers claimed that she “suffered from grief, fear, trauma and extreme anxiety,” adding, “She also has been experiencing repeated and painful physical symptoms as a result of this experience.”

Baldoni also filed a defamation lawsuit against Lively and her husband Ryan Reynolds. Both parties have denied any wrongdoing.