Disney’s attempts to stall Gina Carano’s lawsuit from moving forward have worked about as well as Han Solo frantically asking, “We’re all fine down here. How are you?” to that Imperial officer on the Death Star. It just doesn’t work, and at least in Han Solo’s case, resulted in more stormtroopers flooding the detention level and forcing an evacuation via the trash compactor system. For Carano, that translates specifically to the trial judge denying Disney’s latest motion to send the case up to the appellate court for early review.
Gina Carano’s Lawsuit Thus Far
As you may recall, Gina Carano sued Disney back in February 2024 for firing her from her role on The Mandalorian TV show due to politically charged and controversial comments she made on her personal social media. [Read More: Would Gina Carano’s Lawsuit Against Disney Succeed in South Carolina?] Carano alleged that Disney fired her based on her political beliefs, and she also alleged that Disney treated her differently than her male co-stars, who made political statements on their own social media platforms, albeit of a more liberal bent, without repercussion or issuance of an Order 66.
In April 2024, Disney filed a motion to dismiss Carano’s lawsuit, claiming that the First Amendment barred Carano’s lawsuit from moving forward because Disney had the right to not associate with or employ someone whose political beliefs differed from Disney’s. [Read More: Carano v. Disney Wrongful Termination Lawsuit Update] In July, the trial court judge denied Disney’s motion, thus allowing her lawsuit to move forward. [Read More: Court Denies Disney’s Motion to Dismiss Gina Carano’s Lawsuit]
Disney’s Motion for Stay of Proceedings
In August 2024, Disney filed its Answer (response) to Gina Carano’s lawsuit, and at the same time filed another motion, seeking to have her lawsuit put on hold while the federal Ninth Circuit Court of Appeals reviewed the trial court’s decision on the motion to dismiss. If the trial court granted this motion, then the lawsuit would come to a complete standstill while the appeals court reviewed the lower court’s decision. Disney, at its essence, is trying to stall this case and avoid having its executives appear for expensive and potentially embarrassing depositions. [Read More: Din Djarin May Be Called to Testify in Carano v. Disney Lawsuit] It would also delay trial for at least another year. The trial is currently set for September 2025.
In its motion to stay, Disney argued that the Ninth Circuit Court of Appeals needed to involved immediately to address the First Amendment question, even before the lawsuit could move forward. Normally, appeals are only allowed on what are called “final judgments,” like an order dismissing a lawsuit, which would end the case. In Gina Carano’s lawsuit, however, the judge has not issued any sort of final order.
Trial Court Denied Disney’s Motion and Allows Case to Proceed to Discovery and to Trial
The trial judge, in denying Disney’s latest motion, concluded that Disney failed to establish the elements necessary to send the case up to the Ninth Circuit. Of course, in the event that the trial court does issue a final ruling later or if a jury issues a verdict, then Disney would still have the right to appeal those decisions to the Ninth Circuit. But at point, the parties will have had a chance to fully develop the record through written discovery (written questions and requests for documents) and depositions (taking testimony under oath of the relevant witnesses). The Ninth Circuit would be in a much better position to review the record and make a decision. Ultimately, Disney’s motion is premature and pretty obviously a stalling tactic.
Next steps will be a continuation of the discovery process. I expect we’ll see some motions from the parties about discovery disputes in the next few months, especially as it relates to what documents Carano’s lawyers have requested for Disney to produce and what high-level executives her lawyers wish to depose. As always, I’ll keep you updated and continue to insert as many Star Wars references as possible.
