In a motion obtained by Fox News Digital, Baldwin and other producers have requested that the court toss the complaint “without leave to amend.”
The suit was originally filed in November by script supervisor Mamie Mitchell – who is being represented by famed attorney Gloria Allred following the events that led to the death of cinematographer Halyna Hutchins and injury of director Joel Souza.
In her suit, Mitchell claimed assault, intentional infliction of emotional distress, and deliberate infliction of harm.
The newest motion suggests that Mitchell’s own allegations in her suit fail “to state facts sufficient to constitute a cause of action.”
Furthermore, the motion asks for the dismissal on the ground that “despite Plaintiff’s [Mitchell’s] attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct under New Mexico law.”
The docs claim that Mitchell conceded that the gun – which was being held by Baldwin – “was not intended to be loaded with ‘live ammunition’” when it unexpectedly discharged, resulting in Hutchins’ death and Souza’s injury – indicating that her claims of intentional conduct are untrue.
“Moreover, Plaintiff’s claims should be dismissed because she 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. … or El Dorado Pictures, Inc.,” the docs continued. “None of those individual or entity defendants are even mentioned in the factual allegations, much less alleged to have been involved in intentional conduct.”
The demurrer was filed “after Defendants met and conferred with Plaintiff in good faith,” the docs read.
In response, Allred told Fox News Digital via email: “The defendants who filed the demurrer are trying to avoid explaining their conduct before a judge and a jury in a court of law. We intend to vigorously oppose their demurrer, and we believe that we should be allowed to proceed.”
“Rust” producers declined to comment further.