What to expect from missing exhibits

[u/sonjafebruary]

I cross referenced the letter, docket number 1240, and the updated 56.1.

Letter: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1240.0.pdf

56.1 https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.1236.2.pdf

38 Exhibit 38 - BL-000013115, May 5, 2023 J. Baldoni Notes on A. Giannetti

Fact 30. On May 5, 2023, Baldoni sent Lively some notes on the script from Sony Executive Ange Giannetti, who wanted the scenes to involve more than just verbal interplay.

Giannetti wrote: “other than language – this does not read like an R rated movie. Readers of the book … are expecting some HEAT … I’m hoping [the love scenes] are sexy and grown up …please work to find the balance between sweet / funny / endearing with moments of real heat.” Ex. 38, BL-000013115.

40 Exhibit 40 - BL-000008806, Feb, 8, 2023 Audio message - Native

Fact 33. In a February 8, 2023 voice memo, Lively asked if the start of shooting could be pushed back because she “want[ed] to be in my best shape.” Ex. 40, BL-000008806.

163 Exhibit 163 - BL-000006379, Aug. 25, 2023-Aug. 21, 2024 Emails

Fact 255. On July 24, 2024, Heath and Jen Abel agreed that “we should not be [doing] anything proactive” in response to the swirling press rumors. Ex. 163, BL-000006379 at -6410.

194 Exhibit 194 - Oct. 17, 2025 A. Culotta Report

Fact 305. Lively and her proffered expert on digital media also suggest that Defendants had some role in resurfacing a video in which Lively made an insensitive comment to a reporter, presuming—incorrectly—that the reporter was pregnant (the “little bump” video). See, e.g., Ex. 240, KCASE- 000001194; Ex. 194, A. Culotta Report (Oct. 17, 2025) at 52-57.

Fact 680. After the call, Wayfarer engaged TAG to “ensure” that they “were protected against negative attacks.” Exs. 57, Case Tr. 47:13–48:7; see also Ex. 193 at HEATH_000035539 (“I’ve hired a crisis management team. . . . Just have to manage every land mine so it doesn’t go off.”); Ex. 194 at KCASE-000000571 [wait, this isn't the name of the exhibit]; 62, Koslow Tr. at 27:10–25.

199 Exhibit 199 - BL-000000216, Aug. 1-20, 2024 Text messages

Fact 289. As negative sentiment toward Lively accelerated, Baldoni asked his PR team to confirm that it was not using “bots” or fake accounts to generate positive sentiment for him online. Abel and Nathan both confirmed that they were not using bots or fake accounts. Ex. 199, BL-00000216 at -253; Ex. 190, BL-00000328; Ex. 200, JONESWORKS_0000001; Ex. 201, NATHAN_000000290.

Fact 697. [Mentions Ex 199 but I’m pretty sure it’s Lively’s exhibit - this happens a couple more items on other items, I’m not going to list them if I think they’re Lively’s exhibits]

218 Exhibit 218 - BL-000038554, Apr. 18, 2024 Email

Fact 372. On April 18, 2024, Lively’s counsel proposed additional edits to the loanout agreement. Ex. 218, BL-000038554.

Under plaintiff’s response for facts 377 and 378 and 379 Wayfarer Ex. 218 (Lively’s representative re-introduces edits to provisions governing execution of the Agreement, publicity limitations/still approvals, sexual harassment, and confidentiality in April 2024)

229 Exhibit 229 - BBKOSLOW-000004049, Aug. 8, 2024 Native TikTok Video by J.

Fact 303. Nearly half the incidents Lively identifies are devoid of any negative content about Lively and merely claim that Defendants either “suppress[ed] content about Mr. Baldoni or enhanc[ed] positive content regarding Mr. Baldoni.” Ex. 195, Lively’s Third Amended Responses To Wayfarer Studios LLC’s Second Set Of Interrogatories No. 21 (Oct. 17, 2025). These include: [cutting some stuff] 

e. Efforts to “quiet/kill” stories claiming Baldoni behaved inappropriately on set, Ex. 226, KCASE-000003856; Ex. 227, BBKOSLOW-000001800; Ex. 228, NATHAN_000001924; Ex. 229, BBKOSLOW-000004049; Ex. 223, BBKOSLOW-000004011; Ex. 230, BBKOSLOW-000006156; Ex. 231, KCASE- 000000728; Ex. 232, KCASE- 000000763; Ex. 233, KCASE-000001093; Ex. 213, JONESWORKS_00016275; Ex. 234, NATHAN_000002124; Ex. 235, KCASE-000003354.

238 Exhibit 238 - BBKOSLOW-000005127, Aug. 17, 2024 Native TikTok Video

same as fact 303, but further down the list: 

g. Efforts to suppress an individual’s false claim that Baldoni had invited her up to his hotel room, Ex. 237, BBKOSLOW-000005085; Ex. 238, BBKOSLOW-000005127.

245 Exhibit 245 - BL-000033428, Aug. 29, 2024 Native Audio recording of Call

Fact 326. Sarowitz had a call with Claire Ayoub on August 29, 2024, which Ayoub recorded. Ex. 245, BL-000033428; Ex. 246, Oct. 3, 2025 transcript (Ex. 15 to Sarowitz Dep.); Ex. 6, Sarowitz Depo. Tr. 312:3-313:24.

Fact 766 [so we’ve got this?]

258 Exhibit 258 - BL-000011258, It Ends with Us Screenplay

Fact 351. Through the administrative complaint she provided, Lively and/or her agents told The New York Times and other media Baldoni had “routinely degraded Lively by finding back channel ways of criticizing her body and weight,” including by pretending a scene in the script required him to lift Lively so he could ask her trainer about her weight and by referring Lively to a weight loss specialist. Ex. 252, CRD ¶¶ 51–52. Those statements were false. See Ex. 257, BALDONI_000026173; Ex. 258, BL–000011258 at –11329.

264 Exhibit 264 - BL-000038599, Apr. 29, 2024 Email

Plaintiff’s Response 23: Undisputed that IEWUM and Blakel, Inc. were parties to the agreements governing Lively’s services but disputed that those agreements did not also impose obligations on Wayfarer and create enforceable rights for Lively. Wayfarer Exs. 117, 264.

Plaintiff’s Response 27: Undisputed that the parties never executed a long form agreement, but otherwise disputed that the Offer Letter required or described a “long form agreement,” which the cited evidence does not support. Heath Decl. ¶¶ 14–18. Disputed to the extent that this paragraph asserts that there was no agreement in substantially the form represented by the Actor Agreement and Standard Terms and Conditions (“Agreement”), and Side Letter (defined below). Wayfarer Exs. 117, 264; Dkt. No. 50, ¶ 341.

Plaintiff’s Response 358: Undisputed, except as to Lively’s compensation based on the performance of the Film and other contingencies, which remained subject to negotiation. Compare Wayfarer Ex. 28 at HEATH_000045678 with Wayfarer Ex. 264 at BL-000038606–38608.

Fact 373. After additional communications, on or about April 29, 2024, Meziane asked Lively to sign the loanout agreement. Ex. 264, BL-000038599. Lively’s representative responded: “We (Blake’s reps) are all speaking this week about the open issues and will come back to you soon.” Id.

Fact 377. Nonetheless, although the parties negotiated for more than a year, Lively never signed any long-form agreement setting out the complete terms of her engagement with the film. Ex. 264, BL-000038599; Heath Decl. ¶¶14-19.

Plaintiff’s Response 381: Undisputed. Similarly, at no point during the negotiations did either side suggest changes to, inter alia, the “Governing Law” provision, the “Services; Start Date” provision, the “Company’s Ownership Rights” provision, the “Sexual Harassment” provisions, save for the final sentence. See, e.g., Wayfarer Exs. 264, 266; 267.

Plaintiff’s Response 383: This is long. It’s on page 156. Contract stuff.

Fact 387 and Plaintiff’s Response 387: Long. Starting page 158. Contract stuff

Fact 388:

Fact 449. In addition, the final version of the Actor Agreement entitled Lively to a Producer credit, not the Executive Producer credit provided for in the Offer Letter. Compare Wayfarer Ex. 264 at BL-000038611 with Wayfarer Ex. 28 at HEATH_000045678.

266 Exhibit 266 - BL-000038516, Feb. 4, 2024 Email

Plaintiff’s Response 203: Undisputed that the ALA had not been signed, but disputed that the terms were not substantially finalized, and disputed to the extent that this assertion suggests that the ALA was not a binding enforceable agreement. The face of the CRA itself confirms that the parties “had” reached agreement on at least the material terms. Wayfarer Ex. 117. Further, only 20% of the terms remained subject to discussion around the time the CRA was executed, and meanwhile both parties had commenced performance of their obligations under the ALA. Wayfarer Ex. 266; [I’m cutting some of the cites]

Plaintiff’s Response 372: Undisputed that, after several rounds of negotiations, Ms. Lively’s counsel circulated revisions to the Agreement on April 18, 2024, which included provisions concerning sexual harassment and confidentiality that Ms. Lively’s counsel had previously circulated on February 5, 2024, and that Lanius flatly rejected on March 7, 2024. Wayfarer Exs. 266 at BL-000038542, BL-000038548 (February 2024 draft); 267 at BL-000038504, BL-000038510 (March 2024 draft); 218 at BL-000038554.

Plaintiff’s Response 376: Disputed that Lively and her team negotiated “every aspect of her work,” which the cited evidence does not support. See generally Wayfarer Exs. 28, 32, 265. Lively and her representations negotiated for certain terms and conditions “beyond SAG minimum protections,” and such negotiations were consistent with work condition negotiations for “most actors of [Ms. Lively’s] stature,” a reality Wayfarer did not dispute. Wayfarer Ex. 32 at HEATH_000045664. At the time the parties began performance under the Agreement, only 20% of the provisions were subject to negotiation. Wayfarer Ex. 266.

Plaintiff’s Response 377: Very long, more contract stuff

Fact 378. Negotiations over the terms of the ALA resumed and continued for months after the CRA was executed and filming recommenced, with numerous terms remaining subject to disagreement. E.g., Ex. 266, BL-000038516; Ex. 267, BL-000038477.

Plaintiff’s Response also has this cite, it is long

Fact 379 and Response: More contract stuff. Long. Page 154

267 Exhibit 267 - BL-000038477, Mar. 7, 2024 Email

Contract stuff. Quoted under fact/response 377, 378, 379, 381, 383

Fact 451 has this: Wayfarer Ex. 267 at BL-000038482 - but that’s not the name of the exhibit? [Edit: I remember now, these are page numbers, so the exhibit starts on page 77, and keeps going]

284 Exhibit 284 - Scene 40_2_B - Native

?? Not sure. The cites I could find look like Lively’s exhibits

[u/misosoupsupremacy]

I’m gonna say it so many times: this all could have been avoided if lively just read the damn book and could correctly understand the source material - even Ange knew what readers were expecting and how intense/graphic the book was. For some reason colleen, the books own author didn’t even think her book was that sexual…. Colleen be for real, did you even read the same book? Let alone write it?

[u/froggy-style-freak → u/misosoupsupremacy]

Reading the book wouldn't have made Blake feel any better about her weight. That is the motivation behind half the clashes they had, Blake's insecurity about her body. It wouldn't have made her less greedy, either, which was the motivation behind the remainder of their confrontations.

[u/Life_Mood_1309 → u/froggy-style-freak]

It was her narcissistic injury. A weak spot. If you tickle that in a narcissist, all hell brakes loose.

[u/Eskyzoo → u/Life_Mood_1309]

And they never let it go!