Blake Lively is asking a federal judge to dismiss Justin Baldoni’s latest attempt to have her lawsuit dismissed as their legal battle over the film It ends with us is getting closer to trial.
Lively’s attorneys filed a letter Thursday with Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York, saying a recent appeals court ruling supports the continuation of her case.
They pointed to a ruling earlier this week from the U.S. Court of Appeals for the Second Circuit, which said a judge may not dismiss a lawsuit simply because of the way the complaint is written if the case has already gathered evidence.
Lively’s lawyers further argued that dismissing the case at that stage would not be fair or efficient if the evidence collected could support the claims.
Her legal team says the same principle applies here, arguing that the court should review the case based on the evidence already obtained through discovery, including documents and testimony, rather than focusing solely on the written allegations.
Lively’s move comes as Baldoni, 42, and the other defendants asked the judge to dismiss the claims through several legal motions. One of these is a motion for summary judgment, which asks the court to decide the case based on the evidence already gathered, rather than holding a full trial.
For those unfamiliar, this high-profile dispute officially began in December 2024 when Lively filed a lawsuit accusing her It ends with us director and costar Baldoni of sexual harassment and retaliation, allegations he has denied. The actress is seeking more than $160 million in damages.
Meanwhile, Baldoni’s $400 million countersuit, accusing Lively of racketeering and defamation, was dismissed by a judge.
The two actors also took part in a court-ordered mediation session in New York on February 11, spending about six hours with Magistrate Judge Sarah L. Cave. The meeting ended without a settlement.
Both Lively and Baldoni are expected to testify when the case goes to trial, which is currently scheduled to begin on May 18. Judge Liman has not yet ruled on the defendants’ request to dismiss the claims.
