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The twists and turns continue.
Blake Lively, 37, is trying to abandon her infliction of emotional distress claims against Justin Baldoni, according to new legal documents obtained by The Post.
Lively, who previously accused Baldoni, 41, of both intentional and negligent infliction of emotional distress in a December 2024 lawsuit, is attempting to withdraw the allegations after Baldoni’s legal team sought to obtain her medical records, according to a document filed on Monday in the lawsuit.
“Instead of complying with the Medical RFPs, Ms. Lively’s counsel recently advised us, in writing, that Ms. Lively is withdrawing her IED Claims,” Baldoni’s team responded in a filing viewed by The Post. “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,” it continued. “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 filing, which was addressed to Judge Lewis Liman of the Southern District of New York and signed by Baldoni attorney Kevin Fritz, argued that 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,” the filing read.
“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,” it added, “and she must produce her medical information and documents as set forth herein.”
In December 2024, the former “Gossip Girl” star accused Baldoni of sexually harassing her on the set of “It Ends With Us” and then launched a “coordinated effort to destroy her reputation.”
Lively’s infliction of emotional distress claims against Baldoni were two of the allegations she waged against her “It Ends With Us” co-star and director when she filed her lawsuit against him, Wayfarer Studios and others later that month.
She alleged that he caused her to suffer “severe emotional distress and pain, humiliation, embarrassment, belittlement, frustration and mental anguish” in addition to lost wages.
But Baldoni and Wayfarer Studios’ attorneys have argued that Lively “waived any doctor-patient privilege” when she claimed to have suffered “physical and emotional injuries” at the hands of Baldoni and the studio.
“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,” Fritz wrote.
“In other words,” he added, “Ms. Lively has waived any doctor-patient privilege.”
Judge Liman and the Southern District of New York must now decide whether the actress must turn over the mental health information sought by the opposing counsel.
“Once again, this is a routine part of the litigation process that is being used as a press stunt,” Lively’s lawyers told TMZ on Monday. “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,” they continued.
“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,” the actress’ attorneys concluded.
Baldoni has denied all of Lively’s allegations against him. He also countersued Lively and her husband, Ryan Reynolds, 48, for $400 million in January for alleged defamation and extortion – accusations they have also denied.
A trial date is scheduled for March 2026.