Justin Baldoni sent a litigation hold letter to Disney & Marvel over ‘Nicepool’

Justin Baldoni and his legal team have still not countersued Blake Lively or her team. Baldoni, his publicist and crisis manager are suing the New York Times, and Baldoni’s lawyer promised that a lawsuit against Blake Lively would come in the new year. There’s a big possibility that the Southern California wildfires disrupted those plans – Baldoni and his lawyer are LA-based. In a bizarre turn, Baldoni and his lawyer have sent a “litigation hold letter” to Kevin Feige (Marvel) and Bob Iger (Disney) over Deadpool & Wolverine, a film which came out last year. Within the film, Ryan Reynolds created a “Nicepool” character which was seen by many as a blatant and obvious parody of Justin Baldoni. You can follow this thread for the clips in question:

Here’s what Baldoni and his team are doing:

The fallout radius of the Blake Lively and Justin Baldoni legal battle continues to spread, with Marvel president Kevin Feige, Disney CEO Bob Iger and director Tim Miller becoming the latest industry figures swept into the drama. On Jan. 7, Baldoni’s lawyer Bryan Freedman sent a litigation hold letter to Feige and Iger in connection with his client’s “anticipated claims” against Ryan Reynolds, Lively and other unnamed parties. Variety has viewed a copy of the letter, which calls on the studio to preserve all relevant documents and data with regards to Baldoni.

The move may come as a surprise given that “It Ends With Us,” the film at the center of the Lively and Baldoni rift, was released by Sony and had nothing to do with Disney. But Baldoni’s attorney believes that Lively’s husband Ryan Reynolds was flagrantly mocking Baldoni in a sequence in Marvel’s “Deadpool & Wolverine,” which was released by Disney in July. The sequence features Reynolds playing “Nicepool,” an oafish alternate version of the eponymous hero Deadpool, saying such lines as “Where in God’s name is the intimacy coordinator?!” and complimenting Ladypool for “snapping back” into shape after giving birth.

Lively, who cameoed in the tentpole as Ladypool, recently accused Baldoni of sexually harassing and fat-shaming her post-partum body on the set of “It Ends With Us.” When Deadpool points out Nicepool’s misogyny in the scene, the latter replies, “It’s okay, I identify as a feminist.” (During the development, production and marketing of “It Ends With Us,” a drama about domestic violence, Baldoni often touted his credentials as a feminist and ally to women.)

Marvel and Disney declined comment as did an attorney for Reynolds and Lively. Freedman could not be reached for comment. He is believed to be one of the many industry figures whose home was destroyed in the Pacific Palisades fire that is still raging.

The litigation hold letter, sent the day the fires began, calls for Marvel and Disney to preserve “any and all documents relating to the development of the ‘Nicepool’ character” as well as “communications relating to the development, writing, and filming of storylines and scenes featuring ‘Nicepool.’” The letter also calls for the studio to retain “’ and all documents relating to or reflecting a deliberate attempt to mock, harass, ridicule, intimidate, or bully Baldoni through the character of ‘Nicepool.’”

[From Variety]

The timing makes sense to me – in the first week of January, Freedman was making a lot of noise about all of the lawsuits he was going to file and Freedman even spoke about the “Nicepool” parody specifically, saying that Reynolds’ parody was particularly weird given the seriousness of what Blake is now accusing Baldoni of (Freedman: “If somebody is seriously sexually harassed, you don’t make fun of it. It’s a serious issue”). This litigation hold letter was sent then, and Variety is only finding out about it and reporting on it now. I think everyone is still anticipating that Baldoni will countersue Blake, but the wildfires have delayed all of it.

Photos courtesy of Avalon Red, Cover Images.

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48 Responses to “Justin Baldoni sent a litigation hold letter to Disney & Marvel over ‘Nicepool’”

  1. MrsBanjo says:

    Actually with the way harassers and abusers love attention, making fun of them is exactly the thing to do. People make fun of bad people all the time, especially in film.

    • DK says:

      Yep, ITA…and telling people who’ve been sexually harassed how they ought to behave and insisting they perform victimhood is never a good look. Especially when it’s the (“alleged”) harasser’s reps policing those reactions.

      This whole move seems really poorly thought out – I can’t see how insisting a d-bag fictional character in a movie must be a mockery of you, because you said and did those very d-bag and harassing things, seems like a good PR or legal strategy…

      • It Really Is You, Not Me says:

        @DK thank you. To establish harassment, you have to show thst the conduct was both subjectively and objectively offensive. I think Baldoni is trying to show that Blake was subjectiely not offended through the cut Bicepool scenes. As you say, dictating how a victim should react doesn’t go over well with juries so that’s a miss right there. Also I don’t think Nicepool is the smoking gun that Baldoni thinks it is. It seems to me that it shows that Ryan Reynolds was in a rage about what Baldoni did to his wife which shows just how upset he was about how his wife was treated.

        Even if

  2. Friendly Crow says:

    Nicepool is a skewering of all the nice guys out there. They talk the talk but flip out when someone turns them down.

    The person turning them down usually does so gently and kindly. Out of fear. Being told you are such a nice guy – these guys hear it and believe it. Whereas women know it’s code for – please don’t hurt me.

    For JB to so strongly resonate with the nice guy narrative that he somehow takes a clip from a movie and claims it’s about him is wild. Hello narcissism.

  3. Friendly Crow says:

    Conspiracy theory!

    Hugh Jackman – the nicest guy in the business according to literally everyone – being outed as a cheater right before the release of the movie felt OFF.

    He has never had a touch of negative press and that really came out of nowhere.

    I thought it was a pre emptive attack on Deadpool but didn’t get the motivation. It makes sense now. Billionaires can buy a lot of things.

    • Oh_Hey says:

      Umm except he actually did cheat and is now hard launching his relationship with his affair partner.

      Also he’s close friends with Javanka and the Murdochs. It didn’t get out because Murdoch hushed it up. Baldoni’s dirty with deep pocket backers but not more powerful than those guys.

    • sevenblue says:

      😭😭What the hell! Nice guys cheat on their wives too. Being a good coworker or even father is nothing to do with being a good partner to your wife. And probably, his ex-wife thought him as a good husband too before he started cheating on her with his coworker. That is nothing to do with Justin or Blake.

  4. pottymouth pup says:

    to me, filing this suit just sounds like Baldoni admitting he fatshamed Lively for her post-pregnancy body. Nicepool doesn’t look or dress like Baldoni, doesn’t have a name similar to Baldoni and the actions of the Nicepool character could be describing any number of men who use their self-proclaimed feminism as an excuse when making rude/misogynistic statements

    did this scene even make it into the movie? I thought I read that it was a deleted scene

    • HeatherC says:

      It did. I liked the movie so I liked the scene and thought it was a send up of all the nice guy tropes. (also, spoiler, things don’t turn out so well for Nicepool)

      Also, Deadpool and Wolverine did come out BEFORE It Ends With Us, so it was filmed, edited, and released before a lot of JB’s more public interviews calling himself a woman’s ally and feminist, and stuff.

      • Jen says:

        No, he’s been promoting himself as an advocate for feminists since 2017, with TED talks and his podcast.

        (I’m still Team Blake on this, and do not think this is the play Justin thinks it is.)

      • HeatherC says:

        Jen, I’m not surprised, he was under my radar until this to be honest. Now he’s on everyone’s radar and it might not turn out as he has hoped

    • Emily says:

      It’s a weak argument, and it says more about Baldoni that he sees himself in the “nice guy TM” man bun stereotype character,

      • Latte says:

        Completely agree. Baldoni comes off like a giant man baby in this. And even though the lawsuit was filed the morning the wildfires started, it looks petty and ill timed. I live 45 minutes from the fires and things are not ok out here, even when you’re not in an evacuation zone.

    • Anonymous says:

      To all above I think it is nice that we can read past the smoke jb is generating. The distractions on Blakes husband and to Deadpool, as JB blame everyone else for his actions against Blake and the other women from a different workplace environment. And a legal complaint filed against Justin because of it.

      Jb trying to make this messier and trying to police everyone associated with BL. This itself is harassment of BL. trying to shut her up so she pulis back on the legal aspect so the damage to her family and friends is less.

      Justin is ok with harassing Blake publicly. – this is another reason exactly why Justin thinks nicepool is only about him, because Justin briefs against others publicly so his first assumption is this. This is giving ‘drake level’ of second hand, just stop.

      Also Justin doesn’t like when others do not believe his excuses and excuse him for the abuse. Justin truly thinks the victims should be more polite to him. and then the victim has the audacity to out his abuse legally so others are prewarned. Abusers expect their victims to follow different set of protocols then the abuser uses.

      The only way out for Blake is to out Justin legally, Justin is not a grownup.

      If Justin was a grownup he would have taken the opportunities provided by Blake to apologize for his ‘choices’ that Blake called out throughout the workplace. He could have said I am a thoughtless person but it was not my intention to harm or abuse. I am sorry. what can I do to improve the set going forward and what type of amends would reassure you that this was thoughtless but unintentional.

      I think Justin can’t apologize because his abuse was intentional, and he won’t admit it and he kept doublimg down. Now he is having to convince a larger social environment and a legal environment it wasn’t intentional and he wasn’t doubling down. By more doubling down. Justin is twisting himself up to not be honest or accountable.

  5. HeatherC says:

    Both films filmed around the same time with interruption for the SAG and writers strike. Films are rarely shot in order (a scene towards the end of the movie may have been filmed at the beginning of principal photography). I believe Deadpool may have finished earlier because RR was a presence on set? So the Nicepool part may have been developed/written/filmed before the super gross alleged harassment took place? Maybe when JB was just being smarmy and condescending?

    Also, I took the character as a send up of all the “nice guy” tropes.

    • Jay says:

      The character of Nicepool is very much inspired by self-proclaimed nice guys like Baldoni. I thought with the manbun that he reminded me of Russel Brand, but the unfortunate truth is that there are a ton of these dudes. It’s even possible that Nicepool’s dialogue is inspired by or even directly copied from stuff JB said to or about Blake! But if JB wants to prove it, I guess he’ll have to admit that these are all things he said to his costar. He’ll also have to prove that it damaged him in some way, that the parody was so obviously him that it ruined his reputation. Maybe he’s hoping Disney with their deep pockets will just throw him some money to go away?

      Otherwise, I don’t see the play here – he’s basically putting up his hand and claiming this toxic character when noooooobody asked.

  6. Sketchy says:

    I’m not sure there is anything to press here, it makes Baldoni sound stupid. Parody is accepted under the law. He’d have done better to say, Nicepool is nothing like me, or better yet say nothing. You’re just drawing attention to it.

    • HeatherC says:

      You’d think DC would have more of a case lol (The Cavillerine scene eviscerates DC for their treatment of Henry Cavill in two or three sentences lol) But it’s a Deadpool movie. With lots of send ups, parodies and mocking, breaking the fourth wall regularly and littered with pop culture references.

  7. Nivz says:

    I’m in the “wait and see” category of casual observers of this mess, but this move reeks of him believing he already has nothing to lose. How does one go up against Marvel/Disney and not face further career consequences? I know a lot of this is him trying to sway the court of public opinion.

    Anyway, this situation has me re-examining a lot of my own biases, so that’s interesting for me.

  8. T says:

    Good for him. For someone who was on record as being the person who had control of major decisions on It Ends With, Blake sure is playing the victim. Her reputation took a hit because of her behavior.

    • OriginalMich says:

      Are you saying Blake was the one who had control on the set? LOL. No she didn’t.

    • sevenblue says:

      From what came out, Sony gave a lot power to Blake because the director they hired was POS. I am sure you wouldn’t be the nicest little woman if the director of the movie was (allegedly) sexually harassing you. To her credit, she kept silent until the studio got their tickets revenue, then made it public. I understand now why the studio was backing Blake 100%.

    • HeatherC says:

      Her ‘behavior?’ So you believe there can only be perfect victims for it to have taken place? Because she’s a “cool girl” in a “power couple” and meangirled an interviewer that means she couldn’t possibly have been sexually harassed by her costar/director? Even the most awful people can be victims of crimes. And they should be followed up on, even if you think the victim’s reputation is not snow white.

    • KC says:

      Because she is the victim here being sexually harassed by JB then smeared to discredit her!

    • ariel says:

      being pro- sexual harasser, that’s a choice “T”.
      Bless your heart.

  9. Smart&Messy says:

    I believe Blake is in the right and I wish her the best. I don’t have time to follow this story in this level of detail. Let me know when they settle or go to trial, I’ll catch up then.

  10. Agatha says:

    This turd is looking for a Marvel money payout because he knows his career is over. Tho maybe not in Trump world…

  11. sevenblue says:

    This is the weirdest argument I have seen. (SPOILER) Doesn’t Deadpool kill Nicepool in the end of the scene? So, to me, Ryan wasn’t making light of the situation, but mocking and literally killing the nice guy character Justin claims to represent. It is an honest reaction from Blake’s husband who had to wait for going after Justin legally.

    • HeatherC says:

      Spoiler: Deadpool doesn’t kill Nicepool All the other Pools killed Nicepool when Deadpool was using him as a human shield. Nicepool isn’t a Pool with healing factor, so he doesn’t survive being a human shield. So it was negligent homicide at best.

      • sevenblue says:

        @HeatherC, 😭😭 not the negligent homicide. Thank you, I didn’t watch it, just read that he was killed by Deadpool in the articles. They didn’t mention the method used to kill him.

    • wendy says:

      (SPOILER) he was also the only ‘Pool that didn’t regenerate — so there is that — when he was done, he was done…..so now I’m kinda hoping he was Nicepool.

  12. Glamarazzi says:

    Way to Streisand effect yourself. And he’s only going after the deepest pockets? This guy is making all the wrong moves.

  13. Lilpeppa40 says:

    “If somebody is seriously sexually harassed, you don’t make fun of it. It’s a serious issue”

    Well this is utter rubbish. Siri, please give me a list of all the standup comedians who use their personal trauma to inform and influence their comedy. (Uh oh, I think I broke her, the list is so long).

    I admit I originally thought this was a case of Blake and Ryan throwing their weight around and I’ve had to do some looking into my own psyche as to why I immediately jumped on that bandwagon last year when I know nothing about these people. This dismissal of how someone might process sexual assault rankles and really does not sit right with me.

  14. Bumblebee says:

    The fact that Baldoni keeps threatening to sue Lively, but instead sues other people who didn’t even work with them on this movie, just doesn’t make sense. He’s obviously continuing to harass her, but dragging the CEOs of entertainment companies into this is just going to damage his career long term. Well, for at least 2-4 years.

    • Robert Wright says:

      @Bumblebee,
      A litigation hold letter does not automatically mean he’s suing Disney/Marvel. It simply means that they believe there may be material information in Reynolds and Livelys communications regarding this character that has some bearing in this case. They have simply instructed the studios not to destroy the communications. Lots of businesses have different retention policies on communications regarding the development period. I’m sure Sony has retained all their communications of the same type in anticipation of a possible suit. By either of the involved parties. Keeping this information would allow his team to show when this part of the movie was developed and filmed and if it could have been retaliatory in some way, or was somehow proof that the accusations against him were not considered anything of importance at the time they occurred and were blown up at a later time. I, personally, think it’s a little strange that BL would do these scenes making light of the situation. But everyone deals with their own stuff in different ways. The communications could backfire on his team if they reinforce her accusations in a contemporaneous manner.

  15. Pam says:

    Baldoni and Gaiman give off a similar vibe.

    • K.T says:

      Exactly, douche bag average guys that get a smidgeon of power and then they get/allow themselves malignancy.

      I’m only interested if Baldoni PR crisis astroturfing and misogyny campaign works (and out in Tik Tok it’s working with himpathy). It’s the playbook of Weinstein and studio Hollywood that’s just supercharged with widespread incel-fixation of social media dudes

  16. Jeanette says:

    In the world or narcissism the guilty dog barks first. Always. And…I think I read that the attorneys house burned.

  17. Mia4s says:

    Oh this is such a bad move. So bad!!! Is he hoping he was mentioned in emails to Feige and Iger? Spoiler alert: he wasn’t. This is the first they will have heard of him and they will NOT be happy. Even if by some miracle this turned out OK for him, by inconveniencing these two you close the door on Marvel, and Star Wars, and Pixar, and a bunch of Fox adjacent movies. Just punch yourself in the face dude, it will hurt less!!!

    • Robert Wright says:

      @Mia4s,
      The request isn’t about the heads of the studios, it’s about all communications on the development and filming of anything that might be considered to involve Baldoni. That would be communications to writers, to and from Lively/Reynolds or anyone else connected to this part of the film. They got the letters because they run the studios connected to the film. And, this is not the first the two studio heads have heard of Justin. He directed and produced a Disney movie in “Clouds” in 2020. And directed former Disney Star Cole Sprouse in Five Feet Apart in 2019, and was a producer on Will Farrells recent movie Will and Harper. While he’s not a household name, he was the star of a successful sitcom, has directed multiple movies, and produced a number of movies as well. He is not an unknown in the business. None of this is to defend him from the allegations against him, just to point out that he wasn’t some big nobody that lots of people seem to want to make him.

  18. Snideysense says:

    Is he trying to lose any semblance of sympathy (not that he ever had any from me) and completely tank whatever is left of his career? This is pretty scorched earth.

    I predict he’ll turn up as a MAGA guy and launch a MRA podcast when all is said and done. He’ll be a hero for the right.

    • sevenblue says:

      His lawyer is making appearance on Megyn Kelly’s show, giving exclusives, so I am assuming, he already started to going to the right wing route.

  19. Anonymous says:

    That man’s lawyer must have receipts for days on this situation.

  20. Walking the Walk says:

    He sucks, and his argument is BS, but I wonder if there is anyone versed in SLAPP that can comment on the whole thing.

  21. Flamingo says:

    I don’t get what the point is with Disney & Marvel. Even if Nicepool was written about Justin. He was doing a parody performance. Parody is legally protected under the constitution. If it weren’t, SNL and the porn industry would have been sued to oblivion.

    Just sounds like Justin and his legal team are grabbing at straws.

    I just hope Mary Puppins is doing ok.

    And if there was even a chance of Justin surviving this career wise. He just put the nails in his own coffin dragging them into this legal mess.

  22. Truthiness says:

    Flawed gambit. I can understand that he felt humiliated by Nicepool but hit dogs holler. The parody sends up a lot of men. For his own self preservation he should leave Disney and Bob Iger out of this.

  23. Veronica S. says:

    This is a self own, really. Nobody would’ve known it was him had he not said anything. I knew exactly what kind of man that movie was mocking. We all do. Revealing himself to be one of them is adding to HER case.

    The one nice thing about narcissists is they can’t help outing themselves eventually. It’s just a matter of whether people accept the reality when they see it.

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