Blake Lively’s legal dispute with her “It Ends With Us” costar Justin Baldoni is entering a crucial stage as the case edges closer to trial.
The actress is now asking a federal judge to reject efforts to dismiss her claims, arguing that the evidence already collected should be considered before the lawsuit can be thrown out.
Blake Lively Urges Court To Consider Evidence Already Gathered
Blake Lively is pushing back against attempts by Justin Baldoni and other defendants to have her claims dismissed before trial.
Her legal team recently filed a letter in federal court urging Judge Lewis J. Liman to allow the lawsuit to continue rather than ending it through legal motions.
In the court filing obtained by PEOPLE, Lively’s attorneys referenced a recent decision by the U.S. Court of Appeals for the Second Circuit.
They argued that the ruling supports their position that courts should examine the evidence gathered during litigation rather than relying solely on the wording of the complaint.
Quoting the appeals court decision, the lawyers wrote that dismissing a complaint under such circumstances “would hardly serve the efficient or just resolution of disputes” if evidence collected during the case may be enough to support the claims.
Lively’s legal team maintains that the same reasoning should apply to her lawsuit.
They say the court should consider the full body of evidence already collected during the discovery process, including documents and testimony, before deciding whether the claims should move forward.
Lively And Baldoni’s Legal Fight Moves Toward Trial
The filing marks the latest development in the ongoing legal dispute tied to the film, “It Ends With Us,” where Blake Lively and Justin Baldoni worked together.
Baldoni and other defendants have filed several motions asking the court to dismiss Lively’s claims.
One of those motions seeks summary judgment, which would allow the judge to decide the case based on the evidence already gathered without sending it to a jury trial.
However, Lively’s attorneys argue that the case deserves to be evaluated through a full trial rather than being resolved prematurely.
If the case proceeds as currently scheduled, both Lively and Baldoni are expected to take the stand.
According to their attorneys, each actor may testify when the trial begins.
For now, the case remains on track for a trial date set for May 18.
Blake Lively Case Heads Toward Critical Pretrial Phase
Even though the courtroom showdown appears to be approaching, legal experts say there are still several steps remaining before the trial begins.
Brian C. Stewart, a trial attorney at Parker & McConkie who is not involved in the case, explained that preparations will soon intensify if the case continues toward a jury trial.
“With a trial scheduled to begin on May 18, the parties and the court will move into final pretrial preparations, deciding on witness lists, exhibit lists, and arguing about what evidence the jury will be allowed to hear,” Stewart said.
He also noted that both legal teams will begin building their courtroom strategies as if a trial is guaranteed.
“A settlement can still happen, right up to and even during trial, but both sides will want to prepare as if trial is inevitable. Both sides will do their best to look like they are confident and ready to convince the jury,” Stewart told PEOPLE last month.
Settlement Talks Could Continue Behind The Scenes
Despite a recent mediation session that ended without an agreement, legal experts say settlement discussions could still happen at any time.
Blake Lively and Justin Baldoni spent approximately six hours in federal court earlier this year for a court-ordered mediation session with Magistrate Judge Sarah L. Cave.
The meeting is a common step in civil litigation designed to encourage both sides to resolve disputes without going to trial.
Although the session ended without a deal, attorneys say that does not necessarily mean negotiations are over.
Steven Jensen, another trial attorney at Parker & McConkie who is not connected to the case, explained that settlement talks often continue quietly while both sides prepare for trial.
“Settlement talks will likely continue informally all the way up until the eve of trial,” Jensen said.
He also outlined the type of work attorneys will now begin behind the scenes.
Jensen explained, “Each side will resume discovery and begin preparing pre-trial motions, which set the stage for permissible evidence at trial. Additionally, each side will need to map out a plan for trial – witnesses to call, cross-examinations of defense witnesses, exhibits to use, jury consulting and questionnaires, opening and closing arguments, and other preparations. Many cases do settle before trial despite multiple failed attempts at settlement. There is still a likelihood the parties [will] settle the case before trial.”
Judge Decision Could Shape Blake Lively Case Outcome
Another major development could arrive when Judge Lewis J. Liman rules on the pending summary judgment request.
Greg Doll, an attorney not involved in the dispute, said the judge’s decision could determine whether the lawsuit moves forward to trial or ends sooner.
“The next step in the case is that Judge Liman will issue his summary judgment order, which he is no doubt holding in abeyance until after the settlement conference to increase the chance of settlement based on the parties’ uncertainty about how he intends to rule,” Doll explained.
He added that if the judge allows the claims to continue, the case will likely move directly into the final stage before trial.
“Unless Judge Liman disposes of Lively’s case on summary judgment, the next step will be pre-trial motions and trial,” he added.
For now, Blake Lively’s legal team is pressing the court to allow the case to proceed, setting the stage for what could become one of the most closely watched celebrity legal battles of the year.
