The Lawsuits Thread

[justintime]

Thank you, Lbock. Judge Fujie is an interesting, no-nonsense person. I’m assuming, if it comes to a judicial ruling on the motions filed (as opposed to last minute agreements between the parties), it will be she making those decisions, as well as presiding at the trial.

The link below is to a cautionary/instructive article (Tips from the bench on bringing and prevailing on your motions) written by Judge Fujie, (December, 2016), re motions:

[ForeverYoung]

Two of Amber's motions got hearing dates assigned. One is Oct 11 (to amend first response) and the other is Oct. 18 (to produce documents)

https://www.fairfaxcounty.gov/circuit/s ... 4-2019.pdf


https://www.fairfaxcounty.gov/circuit/s ... 3-2019.pdf

[Lbock]

Two of Amber's motions got hearing dates assigned. One is Oct 11 (to amend first response) and the other is Oct. 18 (to produce documents)

https://www.fairfaxcounty.gov/circuit/s ... 4-2019.pdf


https://www.fairfaxcounty.gov/circuit/s ... 3-2019.pdf

If you notice, the first one (Motion to compel) there are notes on the side and it says the lawyer called to remove the motion. I have two thoughts on this:
1. Kaplan may be withdrawing it and waiting the outcome of the Rocky motions/trial as they have requested some similar items. If that judge denies, they’ll learn from that and take a different approach. If its true when Adam said Rocky's lawyer said she was working with Kaplan, then Kaplan may somehow benefit from any positive results. Also, since its essentially the same attorneys arguing it for Depp, they can see how they file and learn from it...how they should restate their filing maybe.
2. In their original filing to Compel Johnny to answer, they included a letter near the bottom asking Depp's attorneys to come to some sort of agreement. Maybe they did or maybe they plan to add some things.
[twitter]https://twitter.com/LauraBockov/status/ ... 07136?s=20[/twitter]
(I know I'm doing this wrong somehow, but my tweet has the letter)

[Lbock]

In one of The Blast articles, Adam Waldman said Amber was supposed to give a deposition today. She has already been photographed in Paris, so that didn't happen. I'm sure it's not uncommon to have to reschedule a deposition when you are previously contracted/working (which I think happened). However, I have a feeling her attorneys will do everything in their power to avoid her giving a deposition and going on record before their hearing for the Plea In Bar/Dismissal is ruled on. I think the hearing to allow them to amend for this is Oct 11. I don't think they will decide on the Plea in Bar/Dismissal then; just if they will be allowed to amend their filing. But that is guessing on my part.

[ForeverYoung]

There are usually Discovery End Dates set by the court for the parties to file and respond to motions when a case is in litigation so I kind of doubt one case would be waiting for the other but who knows. The judge already said in his protective order that medical records will not be produced so she wont' be getting any documents relating to alleged drug or alcohol use anyway.

[ForeverYoung]

In one of The Blast articles, Adam Waldman said Amber was supposed to give a deposition today. She has already been photographed in Paris, so that didn't happen. I'm sure it's not uncommon to have to reschedule a deposition when you are previously contracted/working (which I think happened). However, I have a feeling her attorneys will do everything in their power to avoid her giving a deposition and going on record before their hearing for the Plea In Bar/Dismissal is ruled on. I think the hearing to allow them to amend for this is Oct 11. I don't think they will decide on the Plea in Bar/Dismissal then; just if they will be allowed to amend their filing. But that is guessing on my part.

I don't think her deposition today was court ordered. Defendants usually don't get subpoenaed. The attorneys usually schedule them and then reschedule over and over until they talk and agree on a mutually convenient date. She pulled the same crap last time. They had to get a judge involved and she still didn't show up a few times.

[Lbock]

There are usually Discovery End Dates set by the court for the parties to file and respond to motions when a case is in litigation so I kind of doubt one case would be waiting for the other but who knows. The judge already said in his protective order that medical records will not be produced so she wont' be getting any documents relating to alleged drug or alcohol use anyway.

Yes I agree, but their trial isn't until February. Rocky's is only a few weeks away. I think they can delay their motion that long. The medical records are protected against us viewing them, not that they can't ask for them. In fact, they already asked Johnny for his and he has denied that he will turn them over, along with a few other requests. Starting at page 30 you will see his responses Wish we could see what he asked her.

[Lbock]

I don't think her deposition today was court ordered. Defendants usually don't get subpoenaed. The attorneys usually schedule them and then reschedule over and over until they talk and agree on a mutually convenient date. She pulled the same crap last time. They had to get a judge involved and she still didn't show up a few times.

If you remember the London Fields lawsuit where she was the defendant, they tried for months and months to get her to sit. They finally filed a Motion to Compel and filed for Sanctions, which the judge agreed to. She appealed it and lost.

On January 31, the court sided with Nicola Six Limited and sanctioned heard $6,850.

So sad Nicola Six went bankrupt and had to drop the lawsuit. I think they had her dead to rights!

[justintime]

Well, if nothing less, she is establishing an incontrovertible history of arrogance and refusal to cooperate no matter how many people are inconvenienced. Even the possibility of sanctions - which she now knows is very real - does not seem to impact her behavior. The narcissist at her best . . .

Perhaps, oddly, the February 3rd trial date may prove to be just the right amount of time to accommodate the A-list Wannabe.

[ForeverYoung]

I don't think her deposition today was court ordered. Defendants usually don't get subpoenaed. The attorneys usually schedule them and then reschedule over and over until they talk and agree on a mutually convenient date. She pulled the same crap last time. They had to get a judge involved and she still didn't show up a few times.

If you remember the London Fields lawsuit where she was the defendant, they tried for months and months to get her to sit. They finally filed a Motion to Compel and filed for Sanctions, which the judge agreed to. She appealed it and lost.

On January 31, the court sided with Nicola Six Limited and sanctioned heard $6,850.

So sad Nicola Six went bankrupt and had to drop the lawsuit. I think they had her dead to rights!

I worked in litigation for many years and we never subpoenaed a defendant. If they didn't cooperate then we did a motion to compel their deposition.

[Lbock]

2. In their original filing to Compel Johnny to answer, they included a letter near the bottom asking Depp's attorneys to come to some sort of agreement. Maybe they did or maybe they plan to add some things.

And they have filed an amended Motion to Compel Documents and added his medical records, among other things. They've also pushed off their original Oct 11 hearing date for the "Plea in Bar..." because they said they need discovery items before the Judge is available in November.

[ForeverYoung]

Yep, she's just going to keep filing motion after motion until the deadline.

[Lbock]

She also wants their legal fees and damages if the judge agrees to compeling him. (I think she means just the legal costs associated with this filing). And they want a hearing Oct 11 while they are about to go to trial for Rocky. They are burying him and his lawyers hoping something will slip through. And raising his legal costs too. And how could a judge agree to hear their motion to dismiss when its after discovery of sensitive info probably now pushed off to late November (November 11 to hear if they can submit amended response. (Plea-in-bar/dismissal)

[RumLover]

I would like to think that Heard's lawyers would need to explain to the judge why they want those records and what they are really looking for.
The medical records for the finger injury might be justified but it is hard to understand how they would justify security video at Swetzer Ave for 2013-2016 or 'information about 'romantic partners' from 2010 to 2019. (If they want his history with partners, why not go back to Kate Moss in the 1990s.)

If Heard's team wants to argue that the WaPo article was just an opinion, then all the Depp personal information is irrelevant.

[ForeverYoung]

The medical records they want are for alleged drug and alcohol abuse and the finger injury they are most likely looking for any pain killers or other medications he was given (even though she caused the injury - geez). The security camera might have footage of him drinking and doing other things. I mean we all know he smokes pot, which is legal in CA. Same with the former partners. They probably want who was paid off and why. They are looking for anything and anyone to try and prove drug/alcohol/violence issues.