The Lawsuits Thread

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sat Jun 13, 2020 3:38 pm

AdeleAgain wrote:
Sat Jun 13, 2020 12:22 pm
I wonder what the actual consequence would be though - is she likely to be arrested in the US? Maybe she would only face consequences if she came to the UK. Anyone know?
Not sure but the order was issued by a California court so my guess is that she would be in contempt in California. I did a search and here is what I found.

"Most violations of these laws are misdemeanors. This is opposed to a felony charge or an infraction.

The offense is punishable by:

custody in county jail for up to six months, and/or
a maximum fine of $1,000.
A judge can award misdemeanor (or summary) probation in lieu of jail time."

https://www.shouselaw.com/ca/defense/penal-code/166
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Sun Jun 14, 2020 1:31 am

Thank you Forever Young.

Lbock looks like you are right - Adam Waldman has tweeted several times 'in memoriam' indicating that Roberta Kaplan is no longer on the case. I was worried initially people were reading to much or the wrong thing into "former lawyer" but then he added the #withdrewToo and then I've woken up to his series of tweets.

I so hope this is true.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sun Jun 14, 2020 1:47 am

Me too but I have not seen any motion in VA court site yet or an order from the judge confirming she is no longer in the case. A lawyer can't just decide they want to leave and walk away in the middle of a lawsuit. They must apply to the court for an order. Maybe Kaplan did an maybe the judge granted it and it just has not been put on the site yet...I don't know. . :perplexed3:

https://casetext.com/rule/ca-rules-of-c ... as-counsel
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AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Sun Jun 14, 2020 4:05 am

I suppose the thing is, it would be very strange for Adam Waldman to be tweeting as he has unless he had some sort of confirmation.

If it is true, it is astounding this close to the Sun case - which I know Roberta Kaplan is not part of but she is AH's senior legal counsel, the equivalent of Adam to JD.

I wonder what made her do it now. It seems to me that in terms of reputation, if it is indeed true that AH did not donate the divorce money (and she clearly stated she had), I think it will be as damaging as the audio of her.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Sun Jun 14, 2020 8:34 am

When you are filing a motion this big, you have to alert the opposing council. I’m guessing it was filed Friday and not yet uploaded.

I believe it is as I said way earlier that the audios proved she lied many times, they counted on the demurrer/dismissal. No dismissal. Witnesses like Mel refuse to testify. Makes me think the others are no longer going to lie. Last minute new sex abuse claim. Then the latest donation subpoena may have turned up something or she fessed up.

All-in-all Kaplan’s priority is #metoo And protecting women truly abused or harassed. Kaplan now must realize she Backed the wrong horse.

If Kaplan is convinced her client is going to continue to perjure herself, that is grounds to leave. Based on what Adam was posting it appears Davida Brooks is out too leaving just her current VA lawyer whose name we see the most Rottenborn and Treece. I imagine she’ll find anew one.

As long as AH signs that she agrees with Kaplan withdrawing the judge has to accept it. I’m sure it’s something like. Let me go or I’m telling the judge you intend to lie

https://www.vsb.org/pro-guidelines/inde ... e/rule3-3/

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Re: The Lawsuits Thread

Unread post by AdeleAgain » Sun Jun 14, 2020 9:22 am

That's interesting - so it could be that now Roberta Kaplan knows AH is intending to perjure herself. I find it very difficult to believe from the beginning that she thought AH was a blameless victim but I think perhaps she was focused on whether or not AH had defamed JD in the Washington Post - and defending that - which is the type of thing high profile lawyers love to do. I also think that a lot of the MeToo crowd are really worried the effect it is going to have if AH loses. Ultimately Roberta Kaplan must/has seen that she will simply damage her own reputation by sticking with the case. I thought that ever since the audios came out her statements have been lacklustre. Re-reading the one straight after the first tape I am embarrassed for her. Sounds like a person utterly unconvinced of her own argument.

Be interesting to see if she makes a statement - and what reason she gives AND if she makes any statement saying she remains convinced of her former client's innocence.

I wonder how the conversation went between them (RK and AH) - the big breakup, or if it was just done in a formal letter.

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Re: The Lawsuits Thread

Unread post by meeps » Sun Jun 14, 2020 9:53 am

Conversation? With Amber Heard ...
I would think that if Ms. Kaplan told her she quit in person there was a lot of screaming, yelling, cursing and feeling ever so sorry for her poor little self on AH's part, and not much of what I would call normal grownup conversation :biggrin:

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Re: The Lawsuits Thread

Unread post by Lbock » Sun Jun 14, 2020 10:11 am

I don’t think any recent event like Melanie or the donations caused this-maybe ended it

I think discussions have been going on since all the audios came out. Kaplan knows AH lied. I think it was let’s regroup and wait to see the ruling on the dismissal. At that point it was “do we have our ducks in a row to win this case”. Nope. Bye bye

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Re: The Lawsuits Thread

Unread post by Lbock » Sun Jun 14, 2020 10:15 am

With all this fallout NGN must be scrambling. I could see Johnny settling with them. The Sun (NGN) case is straight up Defamation. Although the VA case is also based on defamation, the defendant is the perpetrator (admitted in her audios). That will resolve the abuse issue

I doubt Depp will settle VA. She still has lawyers and plenty of time to add more. Adam already opened the door to settle the Sun months ago when the audios came out. The Sun misreported-The Sun isn’t the perpetrator here, it’s the VA case that resolves that.
Audio recordings of conversations between the Claimant and Ms Heard

Mr Charalambous, a partner in SMB, received an email on 5th February 2020 from Adam Waldman. Mr Waldman is a US lawyer in The Endeavour Partnership and is one of Mr Depp's lawyers in the US. His email said,
'It's Adam Waldman writing.
When we last met, you said "amber heard would have to be gone girl" for her abuse allegations to be false. One audio tape alone (plus frankly a mountain of other evidence) has shown her to be so. There are more tapes to come. I assume you were blind sided by these tapes, which Ms Heard has admitted she possesses, because she didn't provide them to you.
If you would like to discuss a way out of the morass for your client, please call me [and a phone number was added].'

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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sun Jun 14, 2020 12:27 pm

I don't know how the UK works but in the US the attorney can only leave a case in litigation by motion like this one below in the VA case and they have to supply a reason so when the motion papers get posted we will see. Perhaps Kaplan wasn't getting paid. It is possible that Kaplan and Chew had a phone conf. with the Judge and Kaplan told the judge she would be filing this motion with the consent of Chew BUT the judge must issue an order before Kaplan is completely gone. First the motion gets filed, then on the court's motion day, which is usually a week or two later, the judge would sign the order. Here in the VA case JD's counsel did a motion to withdraw on May 5. The judge issued the order on May 11. Both were posted quickly. Kaplan has the means of filing electronically in which case it gets posted as soon as it gets filed. If she does it by mail then it would take longer to get posted. A lot of the courts require electronic filing now but Virginia seems to be either way or maybe they are in the process of crossing over..IDK.

My concern now is that if AH gets new counsel it will delay things again.

https://www.fairfaxcounty.gov/circuit/s ... 5-2020.pdf


https://www.fairfaxcounty.gov/circuit/s ... 1-2020.pdf
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Re: The Lawsuits Thread

Unread post by Lbock » Sun Jun 14, 2020 1:52 pm

ForeverYoung wrote:
Sun Jun 14, 2020 12:27 pm
I don't know how the UK works but in the US the attorney can only leave a case in litigation by motion like this one below in the VA case and they have to supply a reason so when the motion papers get posted we will see. Perhaps Kaplan wasn't getting paid. It is possible that Kaplan and Chew had a phone conf. with the Judge and Kaplan told the judge she would be filing this motion with the consent of Chew BUT the judge must issue an order before Kaplan is completely gone. First the motion gets filed, then on the court's motion day, which is usually a week or two later, the judge would sign the order. Here in the VA case JD's counsel did a motion to withdraw on May 5. The judge issued the order on May 11. Both were posted quickly. Kaplan has the means of filing electronically in which case it gets posted as soon as it gets filed. If she does it by mail then it would take longer to get posted. A lot of the courts require electronic filing now but Virginia seems to be either way or maybe they are in the process of crossing over..IDK.

My concern now is that if AH gets new counsel it will delay things again.

https://www.fairfaxcounty.gov/circuit/s ... 5-2020.pdf


https://www.fairfaxcounty.gov/circuit/s ... 1-2020.pdf
There was no reason given here when Eric George and the other partner left. As long as Amber agrees on record, there doesn’t need to be a big deal. I don’t think there will be a written reason.

https://www.fairfaxcounty.gov/circuit/s ... 2-2019.pdf

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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sun Jun 14, 2020 3:43 pm

Lblock ^^ -That is the order granting the motion. Amber's former counsel filed a motion and the first sentence says why. The judge needs to be fair to all the parties.

https://www.fairfaxcounty.gov/circuit/s ... a-matz.pdf
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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sun Jun 14, 2020 3:51 pm

ForeverYoung wrote:
Sun Jun 14, 2020 3:43 pm
Lbock wrote:
Sun Jun 14, 2020 1:52 pm
ForeverYoung wrote:
Sun Jun 14, 2020 12:27 pm
I don't know how the UK works but in the US the attorney can only leave a case in litigation by motion like this one below in the VA case and they have to supply a reason so when the motion papers get posted we will see. Perhaps Kaplan wasn't getting paid. It is possible that Kaplan and Chew had a phone conf. with the Judge and Kaplan told the judge she would be filing this motion with the consent of Chew BUT the judge must issue an order before Kaplan is completely gone. First the motion gets filed, then on the court's motion day, which is usually a week or two later, the judge would sign the order. Here in the VA case JD's counsel did a motion to withdraw on May 5. The judge issued the order on May 11. Both were posted quickly. Kaplan has the means of filing electronically in which case it gets posted as soon as it gets filed. If she does it by mail then it would take longer to get posted. A lot of the courts require electronic filing now but Virginia seems to be either way or maybe they are in the process of crossing over..IDK.

My concern now is that if AH gets new counsel it will delay things again.

https://www.fairfaxcounty.gov/circuit/s ... 5-2020.pdf


https://www.fairfaxcounty.gov/circuit/s ... 1-2020.pdf
There was no reason given here when Eric George and the other partner left. As long as Amber agrees on record, there doesn’t need to be a big deal. I don’t think there will be a written reason.

https://www.fairfaxcounty.gov/circuit/s ... 2-2019.pdf
Lblock -That is the order granting the motion. Amber's former counsel filed a motion and the first sentence says why. The judge needs to be fair to all the parties.

https://www.fairfaxcounty.gov/circuit/s ... a-matz.pdf
Judges take withdrawals of counsel very seriously except if the lawyer has left the firm or been assigned to a court position somewhere.

https://www.abajournal.com/magazine/art ... o_withdraw
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Re: The Lawsuits Thread

Unread post by Lbock » Sun Jun 14, 2020 4:58 pm

Foreveryoung

Sorry I wasn’t clear. There was never a motion for Eric George and his partner that was uploaded. Just the order
Your link was for a Josh Matz who temporarily left the firm

No reason given for the original lawyers
https://www.fairfaxcounty.gov/circuit/s ... 2-2019.pdf

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Sun Jun 14, 2020 5:36 pm

Lblock - the judge does not have to give a reason in the order. When the motion papers are submitted for this type of court a proposed form of order must be supplied to the judge with the motion papers. The judge will either grant or deny the motion and might add some of his own notes on the order. The reasons need to be in the motion or a declaration, if a form is being used.

It is very possible there was a telephone conf. and the judge told Kaplan and Chew that he/she would sign the order when he gets the papers but anything can happen between now and then. Some lawyers take the judge's word as final and some like to wait until they have the signed order in their hands. I am in no way questioning Adam and what he knows. I have the utmost respect for him and appreciate his willing to tell us what is happening. For all we know Amber could have fired her like she did with all the others she had when she didn't like the way her case was going.

Either way, this Kaplan is going to have to turn over her file to the new counsel and they will need time to review the file. Any upcoming events or deadlines in the VA case could get postponed now, including an extension on the time to file an answer the complaint. :banghead:
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