Attorneys for Alec Baldwin filed paperwork Monday night at a Los Angeles Superior Court seeking to have the lawsuit against him and the other producers of the film. “Rust” script supervisor Mamie Mitchell, dismissed.
The attorneys, at the law firm Pillsbury Winthrop Shaw Pittman LLP which represent “Rust”The producers claim that the case is unfair because they are not aware of the facts. “Rust” shooting that killed cinematographer Halyna Hutchins on Oct. 21 happened in New Mexico, the matter falls under that state’s laws. And further, the filing argues that Mitchell’s lawsuit does not meet the standard of New Mexico law.
“What Defendants challenge is Plaintiff’s claim that she has any legal right to any monetary recovery in this Court. The law is clear that she does not. As Plaintiff obviously recognizes, having cited the New Mexico Supreme Court case Delgado v. Phelps Dodge as the basis for each of the three causes of action in her Complaint, Plaintiff cannot bring a workplace injury claim before this Court based on alleged negligence because Defendants are generally immune from such claims under New Mexico’s worker’s compensation law,”The filing can be found in part.
“Because all three of Plaintiff’s causes of action, are based on allegations of negligence that resulted in a workplace accident, they should be dismissed because her exclusive remedy is New Mexico’s Workers’ Compensation Act,”Further down is what the filing states. “not a civil action filed in California State Court.”
The filing also argues that Mitchell’s lawsuit “does not allege any facts whatsoever against Defendants Rust Movie Productions, LLC, Ryan Donnell Smith, Langley Allen Cheney, Thomasville Pictures, LLC, Anjul Nigam, Matthew DelPiano, Cavalry Media, Inc. (erroneously sued as Calvary Media, Inc.) or El Dorado Pictures, Inc. None of those individual or entity defendants are even mentioned in the factual allegations, much less alleged to have been involved in intentional conduct. Accordingly, her causes of action against these entities and individuals are baseless and should be summarily dismissed outright.”
In a separate statement provided to , Aaron S. Dyer, civil attorney at Pillsbury Winthrop Shaw Pittman LLP, said: “All three of Plaintiff’s causes of action should be dismissed because, despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct.”
Mitchell filed her lawsuit in L.A. Superior Court November. Mitchell argued that Baldwin, and the “Rust”The producers are responsible for not having checked the gun used during the shooting. The suit claims that the crew was also endangered by cost-cutting measures.
Mitchell was also accused of producing assault, intentional infliction or emotional distress, and deliberative infliction and harm. In the suit, Hannah Gutierrez Reed, Assistant Director Dave Halls, as well as other defendants are named.
Variety first reported the request to dismiss Mitchell’s lawsuit.