By Jonathan Stempel NEW YORK, Jan 22 (Reuters) – A lawyer for actor Justin Baldoni urged a federal judge on Thursday to dismiss actor Blake Lively's lawsuit stemming from their 2024 movie "It Ends With Us,” saying her sexual harassment case was built on “petty slights.” Lively, 38, accused Baldoni, who directed and co-starred in "It Ends With Us," and his Wayfarer Studios of coordinating a scheme to silence her and others from speaking out about the hostile environment they allegedly created on the film's set. U.S. District Judge Lewis Liman is hearing arguments on whether the case should continue, following a more than year-long acrimonious battle that transfixed Hollywood and involved celebrities including Lively's husband Ryan Reynolds and longtime friend Taylor Swift. Thousands of pages of documents made public this week included Lively's claim that Baldoni, 41, pressured her unnecessarily to simulate nudity during a film scene in which her character gave birth in a hospital. Also released this week were messages between Lively and Swift, including a December 5, 2024, text where the superstar singer likened Lively and Baldoni's relationship to "a horror film no one knows is taking place." Lively is seeking unspecified damages for alleged harassment, invasion of privacy and violations of federal and state civil rights laws. A trial is scheduled for May 18. 'SMALL POTATOES' Jonathan Bach, a lawyer for Baldoni, told the judge that "context matters" and that in the context of making a film with adult situations, the "trivial things and petty slights" that Lively alleged didn't support letting her case continue. "It's not enough to show that sex or sexuality found its way into the workplace," Bach said. "Their burden is to show that it not only entered the workplace, but was used to discriminate against women." Bach also characterized Lively's case as being littered with "small potatoes," prompting the judge to say: "A whole bunch of little things can add up to a big thing." A lawyer for Lively countered that Baldoni's behavior was "consistently inappropriate and crossing boundaries," including by adding unnecessary sexual content when filming. The lawyer said this included the birth scene, as well as a dance sequence in which Baldoni allegedly "nuzzled" Lively. "She did not think this should be a hot and sexy movie at all," the lawyer said. Liman questioned whether some individual defendants, including Baldoni and Wayfarer Chief Executive Jamey Heath, should be held responsible for others' conduct, and how closely Baldoni was required to adhere to the script. "Your proposition would seem to have every director's decision decided by a jury," and that can't be right, the judge said. BALDONI HAS SAID HE ADDRESSED LIVELY'S CONCERNS In seeking a dismissal, lawyers for Baldoni said he resolved Lively's concerns about sporadic misunderstandings and "awkward comments" on the film set, including over her physical appearance, as soon as she raised them. They also said Baldoni had a right to hire a crisis management firm to defend his reputation after Lively began disparaging him publicly. Lively's lawyers countered that a jury should consider the alleged "toxic environment" where Baldoni and Wayfarer ignored numerous women's claims of being sexualized and marginalized, and then pursued a strategy of "deny" and "attack." The dispute burst into public view in mid-December 2024, when Lively filed a complaint against Baldoni with the California Civil Rights Department, followed by her lawsuit, and a New York Times article titled: "'We Can Bury Anyone': Inside a Hollywood Smear Machine." Baldoni filed a $400 million countersuit accusing Lively and Reynolds of trying to destroy his reputation, but Liman dismissed that case last June. The judge also dismissed Baldoni's related $250 million defamation case against the Times. "It Ends With Us" generated mixed reviews but grossed more than $351 million worldwide, according to Box Office Mojo. (Reporting by Jonathan Stempel in New York, writing by Tom Hals; editing by Deepa Babington, Philippa Fletcher and Bill Berkrot)
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