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Crime: Alec Baldwin and Rust Producers Request Dismissal of Fatal Shooting Lawsuit

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Dimitrios Kambouris/Getty Alec Baldwin © Provided by People Dimitrios Kambouris/Getty Alec Baldwin

Alec Baldwin and the producers of Rust are requesting a dismissal of the lawsuit filed against them by the film's script supervisor, Mamie Mitchell.

In court documentation obtained by several outlets including Variety, Baldwin and others — Cavalry Media, Inc.; Rust Movie Productions, LLC; El Dorado Pictures, Inc.; Thomasville Pictures, LLC; Anjul Nigam; Matthew DelPiano; Ryan Donnell Smith and Langley Allen Cheney — responded to the lawsuit, filed in November by Mitchell after the fatal shooting of cinematographer Halyna Hutchins.

"Nothing about Plaintiff's allegations suggest that any of Defendants, including Mr. Baldwin, intended the Prop Gun to be loaded with live ammunition," the document reads, per Variety.

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"Moreover, nothing about Plaintiff's allegations suggests any of the Defendants knew the Prop Gun contained live ammunition," the request, which was filed in a Los Angeles Superior Court on Monday, also states. "The absence of such allegations of course makes sense because the Incident is apparently unprecedented in the filmmaking industry."

The defendants add, "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 ("NMWCA") ... not a civil action filed in California State Court."

The court filing also says Mitchell's "claims should be dismissed because she does not allege any facts whatsoever against" the defendants who, according to the filing, are not "even mentioned in the factual allegations, much less alleged to have been involved in intentional conduct."

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In the lawsuit obtained by PEOPLE on Nov. 17, Mitchell alleged she was injured from the Oct. 21 shooting that killed Hutchins, 42, and injured director Joel Souza. Mitchell is suing for assault, intentional infliction of emotional distress and deliberate infliction of harm. (A rep for Baldwin, who was holding the gun that discharged on the Western film's New Mexico set, did not comment on the lawsuit at the time.)

"Days before the shooting there were warning signs that there were dangerous conditions related to guns on the site, a camera operator had reported two gun discharges during a rehearsal in a cabin," Mitchell's lawyer Gloria Allred said during a November press conference. "Important industry safety protocols designed to ensure firearms would be safely used were ignored and actions were taken that were against all industry norms."

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Allred also addressed Baldwin, 63, saying, "In our opinion, Mr. Baldwin chose to play Russian roulette when he fired a gun without checking it and without having the armorer do so in his presence. His behavior and that of the producers on Rust was reckless."

"The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended on a cart and allowed to be handled by those who had no business handling them, the fact that safety bulletins were not promulgated or ignored makes this a case where injury or death was much more than a possibility, it was a likely result," Allred added.

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Earlier this month, Baldwin's lawyer confirmed to PEOPLE that he voluntarily turned over his cell phone in compliance with a search warrant in the Rust investigation.

In December, Baldwin gave an emotional first interview since the tragedy, telling ABC News' George Stephanopoulos that he thinks it's "unlikely" he'll personally face criminal charges and adding that he continues to cooperate in investigations.

"I don't have anything to hide," the former Saturday Night Live star said at the time.

Added Baldwin, "I want to make sure that I don't come across like I'm the victim, because we have two victims here. All of what happened that day leading up to this event was precipitated on one idea, and that idea is that Halyna and I had something profound in common. That is we both assumed the gun was empty, other than those dummy rounds."

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