Alec Baldwin Tries To Get ‘Rust’ Lawsuit Dismissed – Celebrity Attorney Gloria Allred Fires Back

In November, we reported that the movie Rust’s script supervisor Mamie Mitchell had filed a lawsuit against star Alec Baldwin and the film’s producers in the wake of the fatal shooting on the set that claimed the life of cinematographer Halyna Hutchins.

Now, Baldwin and the producers have filed to have the court throw out the complaint “without leave to amend,” but Mitchell’s high profile attorney Gloria Allred isn’t having any of it, as she’s already fighting back.

Backstory: Alec Baldwin Accused Of Playing ‘Russian Roulette’ On ‘Rust’ Set By Script Supervisor’s Lawyer

Baldwin Fights To Dismiss Lawsuit 

Fox News reported that Mitchell, who was on the set the day of the shooting, claimed “assault, intentional infliction of emotional distress, and deliberate infliction of harm” in her lawsuit. 

Baldwin and the other defendants have filed a motion this week claiming that Mitchell’s allegations in her suit fail “to state facts sufficient to constitute a cause of action.”

It asks the court to dismiss her lawsuit 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 Motion Continues 

The motion goes on to say that Mitchell has admitted that the gun, which was being held by Baldwin that day, “was not intended to be loaded with ‘live ammunition’” when it unexpectedly discharged, killing Hutchins and injuring director Joel Souza.

Baldwin and the other defendants are arguing that this shows that her claims of intentional conduct are false. The motion continues: 

“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. 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 motion concludes by alleging that Mitchell’s lawsuit was filed “after Defendants met and conferred with Plaintiff in good faith.”

Related: Alec Baldwin Hit With $25 Million Lawsuit By Family Of U.S. Marine Killed In Afghanistan Suicide Bombing

Allred Fires Back 

Gloria Allred, however, seems to have no intention of allowing her client’s lawsuit to be dismissed so easily. 

“The defendants who filed the demurrer are trying to avoid explaining their conduct before a judge and a jury in a court of law,” Allred said in response to this motion. “We intend to vigorously oppose their demurrer, and we believe that we should be allowed to proceed.”

The shooting that took place on the Rust set is still being investigated, and prosecutors have said that criminal charges for Baldwin and anyone else involved in it are not off the table at this time. It will certainly be interesting to see how this investigation, and Mitchell’s lawsuit, play out in the months to come.