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He also denied Baldoni’s motion to force Lively to provide her medical records, saying the request is rendered moot now that Lively is withdrawing her emotional distress claims.Liman’s ruling pressures Lively to dismiss her claims either way, as he wrote that “if the claims are not dismissed, the Court will preclude Lively from offering any evidence of emotional distress.”
In a statement, Lively’s lawyers Esra Hudson and Mike Gottlieb wrote that Lively 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.”“In addition, the Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive damages under California law,” Lively’s lawyers wrote.(Wayfarer Studios, the production company behind “It Ends With Us,” which Baldoni co-founded, is a defendant along with Baldoni.)
“This is exactly where both parties were before the Baldoni-Wayfarer Parties rushed to file this utterly pointless motion to compel, all searching for yet another press moment,” Lively’s lawyers wrote.Lawyers for Baldoni did not immediately respond to requests for comment Tuesday.
Baldoni’s filing Monday argued that Lively was trying to avoid providing her medical records while preserving her claims of intentional and negligent infliction of emotional distress.
“Ms. Lively cannot have it both ways. If Ms. Lively wants to withdraw her frivolous IED [intentional infliction of emotional distress] Claims, the Wayfarer Parties are entitled to a dismissal with prejudice to ensure they will not be re-filed,” Baldoni’s lawyers said in the filing. “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.”Tim Keiderling and Esther Keiderling, both of Ulster Park, New York, set out to hike the summit on Sunday, according to the Maine Department of Inland Fisheries & Wildlife.
They were last seen Sunday morning on the Katahdin Tablelands heading toward the summit, which is the northern terminus of the Appalachian Trail and located in Baxter State Park.Baxter State Park rangers began searching for them Monday morning after their vehicle was still found parked at the trailhead in the day-use parking lot, park officials said.
The search on Katahdin expanded Tuesday to include the help of more than 30 Maine game wardens, including the Maine Warden Service Search and Rescue team, and the Maine Warden Service K9 team. The Maine Forest Service and the Maine Army National Guard also responded as part of an aerial search.The body of Tim Keiderling, 58, was found Tuesday afternoon, officials said. A Maine Warden Service K9 search team located him at approximately 2:24 p.m. on the Tablelands near the summit of Katahdin, the Maine Department of Inland Fisheries & Wildlife said.