Alec Baldwin and his "Rust" co-producers want a California judge to dismiss the lawsuit from the movie’s script supervisor over the fatal shooting of Halyna Hutchins. The defendants stated in the legal action are requesting a hearing on Feb. 24 before the Los Angeles Superior Court Judge Michael E. Whitaker to toss out "Rust" script supervisor Mami Mitchell’s case. 

According to The Hollywood Reporter, the defendants argue that Mitchell should be pursuing workers’ compensation in New Mexico rather than a civil suit in California. At the time the fatal shooting accident occurred, Mitchell was standing just a few feet away from Baldwin. She was the first to call 911.

Mitchell sued Baldwin as well as other production companies and individuals involved with the production in November where her claims included intentional infliction of emotional distress, deliberate infliction of harm, and assault. 

In Baldwin’s argument detailed in his legal defense, he said that Mitchell’s stated workplace injury claim is barred by New Mexico law. He also argued that her “exclusive remedy” for such a job-related injury is considered as workers’ compensation in New Mexico and not such is provided by a California State Court.

“Nothing about Plaintiff’s allegations suggest that any of Defendants, intended the Prop Gun to be loaded with live ammunition,” responded Baldwin.

“Moreover, nothing about Plaintiff’s allegations suggests any of the Defendants knew the Prop Gun contained live ammunition,” the defendants’ memorandum accompanying their demurrer added.

The legal team representing Mitchell was aiming to get around the law by claiming the alleged negligence that resulted in the fatal shooting was intentional.

At a press conference held by Mitchell and her lawyer Georgina Allred after they filed the lawsuit, they echoed the same stating, “Alec Baldwin should have assumed that the gun in question was loaded unless and until it was demonstrated to him or checked by him that it was not loaded.” “He had no right to rely upon some alleged statement by the Assistant Director that it was a ‘cold gun'.”

Meanwhile, Rust armorer Hannah Gutierrez- Reed is at the center of the sheriff’s ongoing investigation as her lawyer dismisses ideas of sabotage on the production. Gutierrez-Reed has also filed her own legal action against the film’s armorer mentor Seth Kenney and his prop company.

Despite all the ongoing lawsuits, the police and the de facto Santa Fe D.A. have not made any moves to arrest or charge anyone over the film set shooting.

Alec Baldwin Alec Baldwin is seen on October 28, 2021 in Manchester, Vermont. Photo by MEGA/GC Images