Walt Disney Co. and a former star of “The Mandalorian” will take the actress’ protected speech lawsuit— which is supported by Elon Musk— to private mediation, according to a federal court’s order.
Gina Carano and Disney were referred to private mediation on Wednesday by Judge Sherilyn Peace Garnett, of the US District Court for the Central District of California. The mediation must be completed by July 15, 2025, the referral order says, before a trial in the case is slated to begin in September, later that year. In a separate order on Wednesday, Garnett said the trial would begin Sept. 29.
Carano alleges Disney violated California law that protects employees who are politically active outside of their workplace from retaliation. The company wrongfully discharged her due to her political views, she says.
Carano alleges that Disney and Lucasfilm Ltd. wrongly cut her from the show after she posted content that has been criticized as antisemitic and transphobic on social media. Musk is financing her lawsuit.
She was also alleges she was subjected to discrimination on the basis of her sex because her male co-stars didn’t face repercussions for their political speech.
Carano’s test of the limits of California law comes as conservative groups have targeted Disney’s hiring practices and diversity, equity, and inclusion programs.
The media giant sought to have the suit dismissed on First Amendment grounds, but Garnett ruled in July that the company failed to establish that its employment of Carano constituted First Amendment-protected expressive association.
Disney said the “last straw” with Carano was her comparing the treatment of conservative supporters of former President Donald Trump to that of Jews during the Holocaust in a February 2021 Instagram post.
Schaer Jaffe LLP represents Carano. O’Melveny and Myers LLP represents Walt Disney Co., Lucasfilm Ltd. and Huckleberry Industries US Inc.
The case is Carano v. Walt Disney Company, C.D. Cal., No. 24-cv-1009, 8/14/24.
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