This week, Blake Lively’s lawyers sent subpoenas for Justin Baldoni’s phone records, going back two years. Blake already has extensive phone and text records from Baldoni’s publicist Jennifer Abel (which Lively’s side handed to the NYT), but they want all of Baldoni’s call and text records, and the records of producer Jamey Heath and Wayfarer Studios’ co-founder Steve Sarowitz. Blake’s lawyer promises that the records will “expose the full web of individuals who were involved in the smear campaign against Ms. Lively.” Justin Baldoni’s lawyer Bryan Freedman responded, saying: “This massive fishing expedition demonstrates that they are desperately seeking any factual basis for their provably false claims. They will find none.” Eh. I think Baldoni’s phone records will probably be turned over, and Baldoni’s side should also subpoena all of Blake and Ryan’s records too. Fair is fair. Meanwhile, this isn’t going away anytime soon – both sides have rejected an offer of mediation.

Both Blake Lively and Justin Baldoni have opted out of mediation, setting the stage for a potential courtroom showdown.

In a letter filed Thursday, Feb. 13, in New York federal court, attorneys for both sides argued that engaging in settlement talks at this stage would be “inappropriate” and “premature,” indicating that the case may ultimately go to trial.

Lively’s attorneys Mike Gottlieb and Esra Hudson issued a statement Feb. 12 saying that seeking subpoenas for Baldoni’s phone records will “expose the people, tactics and methods that have worked to ‘destroy’ and ‘bury’ [Lively’s] reputation and family over the past year.”

Earlier in the month, both legal teams appeared at a pre-trial conference to discuss Lively’s prospective request for a gag order. U.S. District Judge Lewis J. Liman cautioned both parties against litigating through the press, warning that excessive media coverage could lead to an earlier trial date, currently set for March 9, 2026.

Liman also reminded both legal teams to follow New York’s Rules of Professional Conduct, which prohibits attorneys from making statements that could unfairly influence a jury. However, the judge declined to sanction Baldoni’s attorney Bryan Freedman despite claims from Lively’s team that he made inflammatory public statements attacking the actress.

[From People]

I understand why both sides are rejecting mediation right now, because both sides are still positioning themselves for a long, dirty, attritional legal battle. But… I kind of wonder if some of this will eventually go through mediation. Just because they’re rejecting it now, doesn’t mean that will always be the case. If this is really headed to trial next year, I could see how both sides might be willing to come to the table by the end of this year, simply because of the significant reputational damage happening already.

Photos courtesy of Cover Images.