A Scot who filed a $170 million lawsuit against Netflix is to have her case in a Los Angeles court in May.
Fiona Harvey, 60, claims she is the inspiration for the stalker in the streaming channel’s award-winning Baby Reindeer.
Judge Robert Gary Klausner has decided the claim brought by former lawyer Fiona Harvey against Netflix should be heard in front of a jury on May 18, 2027, at the US District Court for the Central District of California.
Harvey took legal action against Netflix in June 2024, alleging that the Emmy-winning drama falsely portrayed her as a convicted stalker.
Netflix denies defaming her.
Harvey’s US lawyer Richard Roth of New York firm Roth Law said that his client was “delighted” with the trial date.
He said: “We’ve just learned that the trial of Fiona Harvey versus Netflix is going to be on May 18, 2027.
“We just got the notice, like within the last hour.
“Both sides submitted a document which provided for more time, but the judge said, ‘No, you’re trying this in May’.
“I’m excited about this case. I think this case has been sitting for too long.
“Fiona’s gone through terrible mental anguish since April of 2024, and because of the court system, it took two and a half years to get a trial date and three years to be heard in court.
“But we’re very excited to finally have the chance to get justice and to get this in front of a jury.”
Baby Reindeer, adapted by Scots comedian Richard Gadd from his one-man Edinburgh Fringe show, was first screened in April 2024.
The mini-series follows Donny Dunn, a struggling Scots comedian played by Gadd, who is stalked by Martha, a woman he meets while working in a London pub.
She is also from Scotland.
Harvey first met Gadd when he worked as a barman in London’s Hawley Arms.
Baby Reindeer won six Emmys, including best limited series and acting awards for Gadd and for Jessica Gunning, who played Martha. It has been viewed more than 100 million times.
The series opens with the words “This is a true story”.
Within days of Baby Reindeer being screened on Netflix, viewers had used details from the drama to identify Harvey online.
She later came forward publicly, saying she was the basis for the character and disputing the show’s account of events.
Baby Reindeer has gone on to become one of the most talked-about dramas of the decade.
Harvey’s original complaint described Baby Reindeer’s “true story” claim as “the biggest lie in television history”.
She says she has never been convicted of an offence and has never been to prison.
She is seeking more than $170 million (about £128 million).
Netflix has contended that her reputation had already been damaged by earlier reports.
When the lawsuit was filed the company said it would “defend this matter vigorously” and stand by Gadd’s right to tell his story.
Netflix has also argued in court filings that the events depicted were substantially true and that Harvey has failed to identify a provably false statement of fact about her.
Gadd, 37, was born in Fife. He is not a defendant.
In a declaration filed in support of Netflix in 2024, he said: “Martha Scott is not Fiona Harvey.” He has also described the series as emotionally true.
In allowing the case to proceed, Judge Klausner drew a distinction between what Harvey was accused of doing and the more serious conduct attributed to Martha on screen, noting that being accused of stalking was not the same as being convicted of it in court.
The trial had originally been listed to take place in May 2025.
It was put on hold when Netflix appealed against Klausner’s refusal in September 2024 to dismiss the defamation claim under California’s anti-Slapp law, which is designed to quickly dispose of lawsuits that threaten free speech.
Netflix’s appeal was dismissed on jurisdictional grounds last month.
Both parties were promptly ordered by Klausner to propose a new timetable by November 9. Legal representatives for Fiona Harvey and Netflix jointly requested a trial date of July 27, 2027, before the May date was set.
The case is being watched closely by broadcasters and streaming companies on both sides of the Atlantic as a test of how far dramas billed as true stories may depart from the facts, and of the duty on producers to disguise the real people who inspire them.
Roth said: “This case is going to be very, very heavily publicised.”
The lawyer representing Netflix has been approached for comment.