Judge Limits Blake Lively’s Access to Justin Baldoni’s Phone Records in Defamation Lawsuit
The legal battle between actress Blake Lively and actor Justin Baldoni has taken another turn, with a judge partially denying Lively’s request to subpoena Baldoni’s phone records. The legal wrangling stems from a heated dispute over alleged defamation and accusations of sexual harassment. Lively’s legal team has asserted that Baldoni orchestrated a smear campaign to damage her reputation following accusations she made against him. Baldoni, in turn, denies these allegations and claims Lively is attempting to rehabilitate her image after facing criticism surrounding the press tour for their film, "It Ends With Us."
According to court documents obtained by Fox News Digital, Judge Lewis Liman issued an order that curtails Lively’s access to Baldoni’s personal phone records. The initial subpoena sought access to the phone records of Baldoni and several other individuals believed to be involved in the alleged defamation campaign.
Bryan Freedman, Baldoni’s attorney, celebrated the judge’s decision as a significant victory. In a statement to Fox News Digital, Freedman stated, "The Court put a stop to Ms. Lively’s egregious attempt to invade our clients’ privacy. This is a big win. No matter how the Lively Parties may try to spin this decision, the Court saw their efforts for what they really are: a desperate fishing expedition intended to salvage their debunked claims long after they already savaged our clients’ reputations in the New York Times."
Judge Liman’s decision acknowledged the privacy concerns associated with the broad subpoena. While he denied the request specifically targeting Baldoni’s phone records, he did offer Lively’s legal team the opportunity to pursue records from "non-parties" potentially involved in the alleged smear campaign. The judge reasoned that accessing phone records, even without the content of calls and messages, could reveal sensitive information about Baldoni’s personal and professional relationships, including interactions with doctors, psychologists, and acquaintances.
"This request implicates legitimate privacy interests," Judge Liman wrote. "Even though Lively has narrowed her request to exclude the content of calls or messages, the phone records themselves would still contain sensitive information regarding which doctors, psychologists, or even acquaintances the Wayfarer Parties spoke to, and when."
Despite the setback, Lively’s team remains undeterred. A spokesperson for the actress told Fox News Digital, "What is Bryan Freedman hiding? After promising to release all the ‘receipts,’ Freedman ran into court to keep secret the phone records of who Baldoni, Heath, Sarowitz, Nathan, Wallace and Abel were calling during their retaliatory campaign." The spokesperson added that Lively’s team will now submit more specific requests directly to the defendants involved, following the judge’s guidance. "So, instead of getting these records from the phone carriers the way we initially requested, the judge has ruled that if we simply submit more specific requests, we will be able to get the records we are seeking. Today we will do that, we are submitting those requests directly to defendants involved, and we look forward to seeing the records."
The legal conflict between Lively and Baldoni escalated after Lively publicly accused Baldoni of sexual harassment on the set of "It Ends With Us." Lively’s lawyers, Mike Gottlieb and Esra Hudson, stated in February, "Ms. Lively has initiated discovery that will expose the people, tactics, and methods that have worked to ‘destroy’ and ‘bury’ her reputation and family over the past year. We will now receive all of the ‘receipts’ that, unsurprisingly, are nowhere to be found on Mr. Freedman’s website, and like Ms. Lively, those ‘receipts’ will have their day in court."
Lively’s initial complaint, filed with the California Civil Rights Department and later in federal court, detailed allegations of sexual harassment, retaliation, intentional affliction of emotional distress, negligence, and other claims against Baldoni and film producer Jamey Heath. Baldoni responded with his own lawsuit, alleging that Lively falsely accused him in an attempt to repair her reputation amid criticism surrounding the movie’s press tour. His legal team has maintained that Lively lacks evidence of a deliberate smear campaign and is instead using the accusations of sexual harassment as a means of damage control.
In an amended complaint, Lively’s legal team claimed that two additional female cast members are prepared to testify during the scheduled 2026 trial. However, Baldoni’s lawyer dismissed the new version of the lawsuit as "unsubstantial hearsay."
Judge Liman’s ruling allows Lively to request phone records of others potentially involved in the alleged smear campaign, offering a glimmer of hope for her legal team to uncover evidence to support their claims. The judge acknowledged that while the Wayfarer Parties (Baldoni’s representation) may assert a privacy interest in their own phone records, they have not provided a sufficient basis for asserting an interest in the communications of non-parties.
The ongoing legal battle is a complex and multifaceted dispute involving serious allegations of sexual harassment, defamation, and retaliatory behavior. The outcome of the case could have significant implications for both Lively and Baldoni’s careers and reputations. With the trial date set for 2026, the legal proceedings are expected to continue for some time, and the court’s decisions on evidence and discovery will play a crucial role in shaping the final outcome.