Netflix’s Motion to Dismiss ‘Baby Reindeer’ Lawsuit Denied by Judge

Netflix’s motion to have the Baby Reindeer lawsuit dismissed was rejected Friday by the judge overseeing the case between Fiona Harvey — the alleged inspiration behind Martha in the hit series — and the streaming service.

In June, Harvey sued Netflix for then-$50 million, claiming “defamation, intentional infliction of emotional distress, negligence, gross negligence, and violations of Harvey’s right of publicity, arising out of the brutal lies Defendants told about her in the television series, Baby Reindeer.”

The following month, Netflix filed a motion to dismiss the lawsuit, with creator Richard Gadd arguably that the series was “emotionally true,” albeit not the “true story” that Baby Reindeer claimed at the start of each episode.

Among the fact-and-fiction discrepancies is Baby Reindeer’s claim that “Martha” was arrested and convicted of stalking, while Harvey never faced criminal charges for her alleged stalking of Gad. In a decision Friday, Judge R. Gary Klausner sided largely with Harvey’s lawsuit and opted to toss Netflix’s motion to dismiss, Variety reports.

“There is a major difference between stalking and being convicted of stalking in a court of law,” Klausner wrote. “Likewise, there are major differences between inappropriate touching and sexual assault, as well as between shoving and gouging another’s eyes. While plaintiff’s purported actions are reprehensible, Defendants’ statements are of a worse degree and could produce a different effect in the mind of a viewer.”

However, Harvey wasn’t entirely victorious in the judge’s ruling: Klausner dismissed Harvey’s claims of negligence and her request for punitive damages — “Plaintiff misses the mark,” Klausner wrote of punitive damage — but allowed for the rest of her lawsuit against Netflix to continue.

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“It appears that a reasonable viewer could understand the statements about Martha to be about Plaintiff,” Klausner continued. “The Series states that Plaintiff is a convicted criminal who sexually and violently assaulted Gadd. These statements may rise to the level of extreme and outrageous conduct.”

Baby Reindeer recently took home several awards at the Primetime Emmys, including Outstanding Limited Series, as well as Outstanding Lead Actor in a Limited Series and Writing (both for Gadd) and Outstanding Supporting Actress to Jessica Gunning for her portrayal of “Martha.”