A judge has ruled Blake Lively can't refile her emotional distress claims against Justin Baldoni amid their ongoing legal battle.
In December, the actress sued co-star Baldoni for alleged sexual harassment on the set of the drama It Ends with Us, which he also directed. Lively also claimed the 41-year-old orchestrated a smear campaign against her around the film's release in August 2024.
Baldoni, who has denied the allegations, filed a countersuit for alleged defamation and civil extortion against Lively, her husband Ryan Reynolds, and others.
On Monday, Lively's lawyers sought to withdraw her claims of emotional distress from the lawsuit after Baldoni's team filed a motion to compel her to give them access to therapy notes and medical records as part of the discovery process.
After tense discussions, Judge Lewis J. Liman ruled on Tuesday that Baldoni's motion to access the records was denied "based on Plaintiff's representation that the relevant claims will be withdrawn".
"Lively's request that 'because the parties have agreed to dismiss Ms. Lively's tenth and eleventh causes of action... the Court exercise its inherent authority and authority under Rule 15 to dismiss them without prejudice' is denied without prejudice to renewal," he wrote in an order, obtained by Deadline. "The parties shall stipulate to whether the dismissal is with or without prejudice, or Lively shall renew her request by formal motion. For avoidance of doubt, if the claims are not dismissed, the Court will preclude Lively from offering any evidence of emotional distress."
Judge Liman's ruling means Lively, 37, cannot refile the medical records at a later date.
Yet, she can choose to negotiate with Baldoni over dismissing the claims with or without prejudice or take a gamble and ask the judge to dismiss them without prejudice. Dismissing a claim with prejudice means it cannot be brought back to court.
Representatives for Baldoni and his Wayfarer Studios production company have not yet commented on the decision.
In a statement to Variety, her lawyers Esra Hudson and Mike Gottlieb explained that they will incorporate Lively's claims of emotional distress into other courses of action, including sexual harassment and retaliation.
"The Baldoni-Wayfarer strategy of filing retaliatory claims has exposed them to expansive damages under California law. This is exactly where both parties were before the Baldoni-Wayfarer Parties rushed to file this utterly pointless motion to compel, all searching for yet another press moment," they added.
The trial is slated to begin in March 2026.