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Alec Baldwin Seeks to Dismiss ‘Rust’ Script Supervisor’s Lawsuit

Baldwin’s attorneys argue the case is a New Mexico worker’s comp issue and not a matter for California courts

In paperwork filed Monday night in a Los Angeles Superior Court, attorneys for Alec Baldwin sought the dismissal of a lawsuit filed against him and other producers on the film by “Rust” script supervisor Mamie Mitchell.

The attorneys representing “Rust” producers iargue that because the “Rust” shooting that killed cinematographer Halyna Hutchins on Oct. 21 happened in New Mexico, the matter falls under that state’s laws and not California, where the suit was filed. 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 reads 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,” the filing continues, “not a civil action filed in California State Court.”

The filing also argues that Mitchell’s lawsuit “does not allege any facts whatsoever against” the film’s producers — many of whom “are even mentioned in the factual allegations, much less alleged to have been involved in intentional conduct.”

In a separate statement provided to TheWrap, 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 in November, arguing in part that Baldwin and the “Rust” producers bear responsibility for not checking the gun involved in the shooting. The lawsuit also alleges that cost-cutting measures on the film endangered crew members. Mitchell also accused the production of assault, intentional infliction of emotional distress and deliberate infliction of harm, and the suit also names armorer Hannah Gutierrez-Reed, assistant director Dave Halls and others as defendants.

Variety first reported the request to dismiss Mitchell’s lawsuit.