Tom Cruise vs. Life & Style: Suri Mental State Probed in $50 Mil Lawsuit (Exclusive)
Bauer Media demands visitation schedules, divorce terms and Cruise's role in Scientology, while the actor seeks magazine sources and evidence of its "history of bigotry."
Stuart Wilson/Getty Images
One of the discomforts for a celebrity bringing a defamation case against a tabloid is being subjected to the discovery process. After all, one of the defenses against libel is that there were no false statements made.
In October, Tom Cruise filed a $50 million lawsuit against the Bauer Media Group, publisher of Life & Stylemagazine, over a story that suggested the actor had abandoned daughter Suri. The litigation had the potential of becoming nasty in the pretrial phase; now, it appears, it has.
On Thursday, the parties outlined what each is seeking in discovery -- and it's an eyebrow-raising list of demands.
Here are some of the things that Bauer Media, represented by attorney Alonzo Wickers, is seeking:
- The extent to which Cruise was in contact with Suri following his separation and divorce from Katie Holmes.
- The expectations for Cruise's contact and visitation schedule with Suri and the terms of the divorce agreement.
- The role that Cruise's membership in the Church of Scientology played in his decisions regarding his visitation and communication with Suri.
- Suri's mental and emotional state following the separation and divorce.
- Cruise's claim and litigation history.
On that last point, at the time of the filing, Cruise lawyer Bert Fields said: "Tom doesn't go around suing people. He's not a litigious guy. But when these sleaze peddlers try to make money with disgusting lies about his relationship with his child, you bet he's going to sue."
Bauer also is seeking to depose Aaron Moss, another of Cruise's lawyers, which the attorney is resisting.
Not to be outdone, Cruise has his own discovery demands. Some of the things the plaintiff is seeking:
- The identity of the magazine's sources and communications with those sources.
- Bauer's policies and practices with respect to obtaining information, paying for sources, verifying the credibility of sources with whom the writers and editors haven't spoken.
- Bauer's practice of publishing stories about Cruise.
- Bauer's history of bigotry and hatred toward minority religious groups and their members.
According to a document filed Thursday, Bauer will attempt to exert journalistic shield privileges to protect the identity of its sources. Read the full court document here.
As for the reference to "bigotry," it could be a reference to Scientology. It also could pertain to a recent report that the German publisher holds assets appealing to neo-Nazis.
Often, this type of celebrity defamation litigation settles. As one example, Holmes last year settled a $50 million lawsuit against American Media over insinuations that she was a drug addict. The litigation went away after the publisher of Star magazine apologized and made a donation to charity.
If the Cruise-Bauer war doesn't likewise result in a settlement, things could get ugly.
A deadline for nonexpert discovery has been set for Oct. 13. Dispositive motions are due no later than Feb. 28, 2014. If it does get to trial, it's estimated that it would last five days.
E-mail: eriq.gardner@thr.com; Twitter: @eriqgardner
Here's my comment on the site:
I'm pretty sure he's disconnected from his daughter [she looks less and less like him every week and more and more like Tommy Davis - Anne Archer's son and ex head of scientology PR - he of the massive shouting match with John Sweeney - surprising how Davis has now 'blown' the cult as have most of the top execs over the last year or so.
But back to Tommy - there hasn't been a pic of him and Suri for almost 6 months now.... add the recent pic of him quite drunk in London [try and find a drunk pic of Cruise anywhere on the net, I dare you!) and the constant new books exposing scientology for the con and cult that it is it's obvious he's starting to realise that for over half his life he's been living a lie.
I reckon he'll cave on this suit because he won't want them to see the extent of the scion brainwashing he's still under.
.... the comments there look as though they might get interesting
Magazine demands to know 'Suri's mental state following divorce' as Tom Cruise sues for $50m
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A magazine being sued for $50million for libel by Tom Cruise has issued a list of extraordinary demands ahead of the court case.
Life & Style wishes to know intimate details of the actor's relationship with his six-year-old daughter Suri.
The details include her 'mental and emotional state' following her parents divorce, along with exact details of Cruise's contact and visitation schedule with the six-year-old.
Angry: Tom Cruise carries his daughter Suri in New York in July last year; he is suing Life & Style magazine for libel after they accused him of being an absent father
The case comes after the magazine suggested that the actor had abandoned his daughter following his split from her mother Katie Holmes.
Angered, Cruise responded by suing for libel.
Now court documents issued by the lawyers putting together the magazine's defense have revealed their demands.
Split: Tom with his now ex-wife Katie and daughter Suri in December 2011; the magazine demands to know Suri's mental state following the split
Sued: Life & Style alleged that Cruise had abandoned his daughter
The documents, published by The Hollywood Reporter, show that the magazine has requested information on 'Suri's mental and emotional state following the separation and divorce.'
It also requests to know when and for how long 'Cruise was in contact with Suri following his separation and divorce from Katie Holmes.'
And referring to Cruise's life as a Scientologist, it seeks to know 'The role that Cruise's membership in the Church of Scientology played in his decisions regarding his visitation and communication with Suri.'
In response Cruise's lawyers have requested detailed information on the magazine's sources and how they communicated with them.
They also request information on: 'Bauer's policies and practices with respect to obtaining information, paying for sources, verifying the credibility of sources with whom the writers and editors haven't spoken.'
If the case makes it to trial it will be heard in court next year at the earliest, and would last up to five days.
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