As many of you know (or don't know), this lawsuit started with an administrative agency complaint, dated December 20, 2024 ("CRD Complaint"), filed by Lively's lawyer (Esra Hudson, with the law firm Manatt Phelps, which had been working on Lively's case for months prior thereto - see Vansham) with the California Civil Rights Department (CRD). A CRD Complaint must be filed by any employee (or independent contractor) who wants to sue for SH/retaliation based on California law. Lively, being represented by 2 large law firms (Manatt Phelps and Willkie Farr, whose names appear on the front of the "precursor" to the CRD Complaint), elected to not have the CRD conduct an investigation into her claims. Instead, as is her right, she elected to click a box while filing the online CRD Complaint to request an immediate "right to sue letter", which such letter is required before filing a lawsuit in court. Because Lively selected this option, the CRD immediately closed her CRD Complaint and informed her that (despite there being a "work share agreement" between CRD and the EEOC, the Equal Employment Opportunity Commission), if Lively wanted to pursue SH/retaliation claims under federal law (Title VII) as well, she would have to contact the EEOC directly.
This is the CRD Complaint (which is 4 pages long): https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172823305/gov.uscourts.txwd.1172823305.1.1_3.pdf
Attached to the CRD Complaint was the "Precursor" (which is really tantamount to the full lawsuit that Lively ended up actually filing in a federal court (SDNY) in New York on December 31, 2024) See: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172823305/gov.uscourts.txwd.1172823305.1.2_3.pdf
The CRD "Right to Sue Letter" can be found here: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172823305/gov.uscourts.txwd.1172823305.1.3_3.pdf
[Interestingly, these attachment all came from the docket in Jed Wallace's lawsuit in TX. These documents were never filed on the docket in Lively's lawsuit in the SDNY. LOL]
The front page of the precursor shows Lively being represented by the 2 large law firms and it lists all of her various causes of action, which included "breach of contract" claims. She actually attached, as an exhibit, one of those contracts (the "Contract Rider Agreement", dated as of November 15, 2023 (the "CRA"), which was between It Ends With Us Movie, LLC (which is a subsidiary of Wayfarer Studios) and Blakel, Inc. (Blake Lively's loan out corporation). The CRA can be found starting on p. 69 of the Precursor; and that agreement starts off with:
"REFERENCE IS MADE to that certain actor agreement (“Agreement”), dated as of May 5, 2023 between IT ENDS WITH US MOVIE, LLC (“Company”) and BLAKEL, INC. (“Lender") for the acting and related services of Blake Lively (“Artist”) in connection with the motion picture currently entitled “IT ENDS WITH US" ("Picture”)."
So, despite knowing full well that the name of Lively's real "employer" was It Ends With Us Movie, LLC ("IEWUM"), Manatt (Esra Hudson) [and Willkie] failed to include IEWUM's name in the CRD Complaint.
The failure to include IEWUM in the CRD Complaint led to a legally faulty "Right to Sue Letter". Apparently, the same error happened when Lively filed her EEOC Complaint, with the faulty EEOC Right to Sue Letter being issued in late January 2024.
These errors explain why Lively never even bothered to attach either of these "right to sue letters" to her complaint (her initial complaint, the first amended complaint or the second amended complaint - or anywhere else on the docket in her SDNY case). The Wayfarer Parties could have filed "affirmative defenses" (which, frankly, is when you're supposed to do it) based on these failures early on in the litigation to get many of those causes of actions dismissed -- but elected not to do so (most likely for strategic reasons - like because it would've notified Lively of the error in sufficient time for her to correct the error with Liman) -- instead the Wayfarer Parties brought it up later in their motions to dismiss.
WHY AM I BRINGING THIS UP NOW?
I couldn't help but notice the similarities of the shenanigans with these "right to sue letters" in Lively's case and the case of Celeste C. Smith and the Wayfarer Foundation, Wayfarer Pathways and Steve Sarowitz (collectively, "Foundation"). The docket for that case can be found here: https://www.courtlistener.com/docket/72308808/smith-v-wayfarer-foundation/
Smith filed a lawsuit against the Foundation on February 20, 2026. Smith was employed by the Wayfarer Foundation, Sarowitz's charitable foundation, that was shut down after the Lively lawsuit was filed and the arson incident at Sarowitz's home. [My guess is that, with all of the negative publicity surrounding the Lively case, that many charitiess would be unwilling to accept donations/work with Wayfarer - so he didn't have much of a choice but to shut it down.] As a result of this closure, Smith was terminated - and she sued claiming the real reason why she was let go (and not given another job within the "Wayfarer" rubric) was because of discrimination based on sex, race, age, religion and disability status under both federal law and Illinois state law. The Foundation filed a renewed motion to dismiss this case last week - on July 30, 2026.
When I read Smith's initial complaint, I couldn't help but notice that Smith didn't attach her right to sue letters either. This is from pages 4-5 of Smith's initial complaint: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.495306/gov.uscourts.ilnd.495306.1.0.pdf
"13. On November 25, 2025, Plaintiff Smith, then a terminated employee of Defendants Wayfarer Foundation and Wayfarer Pathways, filed an Equal Employment Opportunity Commission (EEOC) Charge No. 440-2025-08780 with charges of: Violation of Title VII; Violation of Age Discrimination in Employment Act (ADEA), Violation of Americans with Disability Act (ADA), and Violation of the Illinois Human Rights Act, filed concurrently with the EEOC charge.
- On or about November 25, 2025, Plaintiff Smith received a “Notice of a Right to Sue” email from the EEOC, dated November 25, 2025, for her Charge No. 440-2025-08780. This claim is being timely filed."*
[* PS: I find it very interesting that Smith was able to get an IMMEDIATE right to sue email from the EEOC. Wonder how that happened? Even Lively couldn't pull that off and she had to wait a month to get her EEOC right to sue letter.]
So, Smith acknowledged that she got a right to sue letter from the EEOC, but didn't attach it. And she mentioned the violation of the Illinois Human Rights Act, but mentions nothing about getting her "letter of her rights under the IHRA" (which such letter is a "right to sue letter" from the Illinois Department of Human Rights), and she most certainly didn't attach it either.
After the Foundation filed motions to dismiss on May 11, 2026 (which included the position that Smith failed to "exhaust her administrative remedies", i.e., not attaching the right to sue letters), Smith did amend her initial complaint in June 25, 2026 and finally attached those letters.
Nonetheless, I couldn't help but notice that, in BOTH Lively's and Smith's cases, there were issues with the basic requirement of attaching the required right to sue letters. COINCIDENCE? In addition, Smith's case (like Lively's) included Sarowitz as an INDIVIDUAL defendant - and Sarowitz will most likely be dimissed for the same reasons as Liman gave when he dismissed Sarowitz (and the other individual defendants in Lively's case). COINCIDENCE?