The Lawsuits Thread

Discuss the latest Johnny Depp news, his career, past and future projects, and other related issues.
AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Thu Jun 25, 2020 2:33 am

No worries I don't think I've got the point right about the photo being used twice. Maybe one of you can explain the significance - is it that it was photoshopped? I spent all of yesterday out and about and missed everything. What a lovely surprise when I caught up. Amanda de Cadenet, something about a photo and a wonderful trailer!

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu Jun 25, 2020 9:12 am

Hearing today in UK. Broke for lunch but about to restart. Hopefully we will have a ruling toay.

The Sun (NGN) is asking for a dismissal based on Johnny not turnng over texts between him and Nathan where he is trying to get Nathan to procure him drugs in Australia
https://t.co/WOr26Uw1iU?amp=1
Excerpt only:


NGN’s barrister, Adam Wolanski QC, told the court that his client had recently obtained a series of text messages between Mr Depp and his assistant Nathan Holmes from Ms Heard’s American lawyers.

Mr Wolanski said: “The Australia drugs texts, on the face of it, demonstrate that the claimant was at the very least seeking to obtain such drugs from Mr Holmes in late February and early March 2015, and in all probability had obtained and taken them.”

He argued that “the failure to disclose them in this case is a clear breach” of a previous court order requiring Mr Depp to provide all documents from separate libel proceedings against Ms Heard in the US.

Mr Wolanski said: “There is a real risk that the claimant has failed to provide proper disclosure to the defendants, and that the defendants cannot have a fair trial.”

However, the actor’s barrister, David Sherborne, said: “The issue in this case is whether the defendants can prove that the claimant committed serious domestic violence and put Ms Heard in fear. It is not about whether Mr Depp asks for drugs.”

In his witness statement for the trial, Mr Depp said:“I have been open about my challenges with alcoholism and addiction throughout my life.

“In fact, I started drinking and taking drugs when I was still a child. I am not in any way embarrassed to say this.”

Mr Depp, who appears to be observing the virtual hearing, said his “addiction over the years has been to Roxicodone pills, which are often referred to as ‘Roxies’ and which is one of the brand names for oxycodone which is is an opoid prescription painkiller”.

He added: “I have taken other drugs in my life and I did take other drugs during the course of our relationship but I never suffered with addiction from those drugs. Nor did any drug or alcohol ever make me undertake violence against anyone.”
Mr Depp also said he and Ms Heard “took drugs together”, including MDMA, magic mushrooms and cocaine, but that “these were not common occurrences”.

Mr Sherborne said NGN “have lost focus on what this claim is about and what the claimant has admitted – frankly – in his evidence”.

The barrister told the court: “The full trial of these appalling allegations, published in The Sun newspaper to millions of people, is of enormous importance to Mr Depp.”

He added: “It is time for the defendants to defend the allegations they published to millions of readers of their newspaper, and which they have persisted in very publicly throughout two years of litigation.”

Following a previous hearing in May, the High Court allowed the statements of Ms Paradis and Ms Ryder, who both say Mr Depp was “never” violent to them, to be included.

AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Thu Jun 25, 2020 10:43 am

Am I right that the Judge limited Kate James' evidence to exclude AH's drug use because it was already admitted in AH's statement? I hope the same logic applied. I am going to get a stomach ulcer over this!

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Re: The Lawsuits Thread

Unread post by justintime » Thu Jun 25, 2020 11:38 am

Agreed on both thoughts - application of similar logic and stomach ulcers! Can you imagine the condition of Johnny’s stomach by now? :-/
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AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Thu Jun 25, 2020 11:49 am

I wish one of us was a UK lawyer who could give a reasonable opinion on whether or not we should be worried. My only concern is if JD's side has in fact failed to provide something it should have - however relevant.

Logic tells me that legally speaking when the Sun published the article, it should have been in clear possession of supporting evidence/facts. At a previous hearing the Judge said he was unimpressed that they had produced/relied on JD's texts.

Wish he'd given his judgement then and there - but then again - I remember the Virginia judge saying that he had to consider for every decision that the other side would be likely to appeal.

For them to get away with this on a technicality will be so utterly maddening - because it doesn't change the facts. Argh and after the triumph of yesterday - my nerves are not made for this!

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu Jun 25, 2020 12:45 pm

Ok. Had a group chat on the hearing call. This is a fair representation but be ready for some upsetting texts to come out at some point

https://t.co/6FjspZK9yp?amp=1



Johnny Depp accused of `serious´ breach of court order by The Sun lawyers

By Press Association 12:05 EDT 25 Jun 2020 , updated 12:06 EDT 25 Jun 2020
47mins ago

Johnny Depp’s failure to disclose text messages referring to illicit drugs should result in his libel claim against The Sun being thrown out, lawyers for the newspaper have told the High Court.

The 57-year-old actor is suing the tabloid’s publisher, News Group Newspapers (NGN), and its executive editor, Dan Wootton, over an April 2018 article which referred to Mr Depp as a “wife-beater”.

The article related to allegations made against Mr Depp by his ex-wife, actress Amber Heard, 34, that he was violent towards her during their marriage – claims he strenuously denies.

In a shock move, less than two weeks before a trial of the Hollywood star’s claim is due to begin, NGN’s legal team are asking trial judge Mr Justice Nicol to strike out Mr Depp’s claim.

Adam Wolanski QC, for the publisher, told the court there was a “stark conflict” between the evidence of Mr Depp and Ms Heard, in particular regarding events during a visit by the pair to Australia in 2015.

Mr Wolanski read out passages of Ms Heard’s evidence in which she claims she was subjected to “a three-day ordeal of physical assaults” by her former husband, during which time he was taking MDMA, also known as ecstasy, and drinking heavily.

The barrister said Ms Heard alleges she was subjected to assaults after she challenged Mr Depp for taking a number of pills and washing them down with red wine.

Mr Wolanski said Mr Depp’s version of events is that he “expressly denies” that he took the drugs, that Ms Heard found a bag of pills or that the pair had any conversations about drug use during that time.

Instead, the actor claims that a row between him and Ms Heard was not about drugs, but was caused by discussion of a post-nuptial agreement Ms Heard did not agree to, and which Mr Depp said caused her to “go into a prolonged and extreme rage”, the court heard.

But Mr Wolanski said a series of text messages, which he referred to as the “Australia drugs texts”, between Mr Depp and his assistant Nathan Holmes demonstrate the actor was trying to get drugs during the Australia visit.

He read out a series of messages sent in late February and early March 2015 – shortly before the alleged incident between Mr Depp and Ms Heard – and told the court the texts included references to “happy pills”, which he said referred to MDMA, and to cocaine.

The barrister said these messages should have been disclosed in evidence and that, by not doing so, Mr Depp was in “serious” breach of a court order.

Mr Wolanski said: “There is a stark conflict of evidence as to whether the claimant took or had in his possession MDMA and other narcotics whilst in Australia in early March 2015.

“The Australia drugs texts on the face of it demonstrate that the claimant was at the very least seeking to obtain such drugs from Mr Holmes in late February and early March 2015, and in all probability had obtained and taken them.”

David Sherborne, representing Mr Depp, said the actor had not deliberately withheld evidence and argued the text messages were “not relevant” because the core issue in the case was not about his drug use.

He said: “The defendants claim, wrongly, that Mr Depp has withheld this document because it is ‘profoundly damaging to his case’; their implied accusation being that he withheld it deliberately. This is untrue.

“First, the claimant has already provided this document in the US libel proceedings.”

Mr Sherborne said NGN’s legal representatives have had access to the text messages as they form part of the evidence in separate US libel proceedings Mr Depp has brought against Ms Heard, and that Mr Depp is aware they have been given access to those documents.

He added: “Secondly, the issue in this case is whether the defendants can prove that the claimant committed serious domestic violence and put Ms Heard in fear.

“It is not about whether Mr Depp asks for drugs.”

Mr Sherborne told the court that much of the exchange between Mr Depp and Mr Holmes was “common banter”.

A three-week trial at the Royal Courts of Justice in London – which was due to start in March, but was delayed because of the Covid-19 pandemic – is set to begin on July 7, with Mr Depp’s former partners Vanessa Paradis and Winona Ryder among the witnesses expected to give evidence.

The court has heard that Mr Depp intends to travel from his home in France to London to give evidence, while Ms Heard is believed to have already travelled to the UK from California.

The libel claim against NGN and Mr Wootton arises out of publication of an article in The Sun in April 2018, under the headline: “Gone Potty – How can JK Rowling be ‘genuinely happy’ casting wife-beater Johnny Depp in the new Fantastic Beasts film?”

Mr Depp has brought separate libel proceedings against Ms Heard in the US, which the court has previously heard are “ongoing”.

The pair met on the set of 2011 comedy The Rum Diary and married in Los Angeles in February 2015.

In May 2016, Ms Heard obtained a restraining order against Mr Depp after accusing him of abuse, which he denied.

The couple settled their divorce out of court in 2017, with Ms Heard donating her seven million US dollars (£5.5 million) settlement to charity.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Thu Jun 25, 2020 2:13 pm

"Mr Sherborne said NGN’s legal representatives have had access to the text messages as they form part of the evidence in separate US libel proceedings Mr Depp has brought against Ms Heard, and that Mr Depp is aware they have been given access to those documents.

He added: “Secondly, the issue in this case is whether the defendants can prove that the claimant committed serious domestic violence and put Ms Heard in fear.

“It is not about whether Mr Depp asks for drugs.”"


I am not worried about the case being dismissed because the reasons above all make sense, imo. It doesn't prove any abuse and besides, they had access to the text messages just like Amber's team had access to Johnny's medical records but they balked about not getting hospital records in Australia. Looks to me like just another lawyer blaming JD's team for their mistakes.
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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Thu Jun 25, 2020 2:18 pm

It seems Amber was sending Elon messages while she was married to Johnny and called him "Rocketman."

https://www.dailymail.co.uk/news/articl ... texts.html
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Newt
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Re: The Lawsuits Thread

Unread post by Newt » Thu Jun 25, 2020 2:46 pm

They will stop at nothing to cover their asses but justice will prevail. About Heard and Musk, it's bonkers to think that the day she wrote those texts to "Rocketman" is the same day Franco was caught on tape with her in the elevator. Super classy.

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Re: The Lawsuits Thread

Unread post by AdeleAgain » Thu Jun 25, 2020 3:21 pm

Thank you Lbock I feel better knowing that this argument that evidence was withheld was not true. Smacks to me of yet more attempts to get damaging headlines out - because you just know all of the outlets that failed to report on her audios are going to run with his drug taking.

I am frankly not in the slightest bit surprised if he did take drugs since he was clearly in a desperately unhappy marriage. It is smart that he's never hidden it.

It doesn't help AH who (1) couldn't get the date or time of the 'ordeal' correct (2) admitted to witnesses that she'd hurt him (3) he has medical records in Australia (4) was seen quite uninjured as JD was driven to hospital and appeared to need no treatment for physical injuries from the doctor and nurse.

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Ruby Begonia
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Re: The Lawsuits Thread

Unread post by Ruby Begonia » Thu Jun 25, 2020 3:58 pm

Happy to hear Amanda DeCadenet decided to save hersel and throw Heard under the bus:
Amanda feels she was used and misled by Amber and hopes Amber receives the help she needs...
. :biggrin:

:yuck: Sick about the way the de$perate Sun/Wootton/NGN continue to try to destroyJD, who they must know is innocent of the wifebeater allegation. Agree with JD's barrister Sherborne's statement to court that The Sun and editor Wootton are "simply seeking to avoid dealing with the claim on its merits." Just as the UK and VA cases have been proceeding all along.

And from the article Lbock kindly posted:
David Sherborne, representing Mr Depp, said the actor had not deliberately withheld evidence and argued the text messages were “not relevant” because the core issue in the case was not about his drug use.

He said: “The defendants claim, wrongly, that Mr Depp has withheld this document because it is ‘profoundly damaging to his case’; their implied accusation being that he withheld it deliberately. This is untrue.

“First, the claimant has already provided this document in the US libel proceedings.”

Mr Sherborne said NGN’s legal representatives have had access to the text messages as they form part of the evidence in separate US libel proceedings Mr Depp has brought against Ms Heard, and that Mr Depp is aware they have been given access to those documents.

He added: “Secondly, the issue in this case is whether the defendants can prove that the claimant committed serious domestic violence and put Ms Heard in fear. It is not about whether Mr Depp asks for drugs.”
The title of today's Mirror article reads:
Johnny Depp 'necked ecstasy and booze after attacking Amber Heard', court hears
. The defendants haven't proven their case that JD beat his wife, but they want the case thrown out because they claim JD didn't provide them with texts asking for "ecstatic" and "white" stuff which we don't know he ever received or was serious about obtaining and which he is alleged to have taken AFTER the alleged attack???

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu Jun 25, 2020 4:02 pm

She claimed that weekend Johnny took drugs, drank and became violent with her and harmed her. So I do think the texts regarding drugs matter, but I think the context of the texts are for trial not for dismissal. They don’t prove he got them, or if they were even for him. As AH state on the recording she was popping hallucigens and ecstasy and suddenly came up with empty bags of cocaine Johnny hid from her. So maybe Johnny was welcoming his new bride back with a lovely gift of her favorites.

The question is did Johnny not provide discovery direct to the sun vs via her VA lawyers. Apparently he did. But it also seems they got allot from her lawyers so I’m not sure why one document is worth dismissal. It appears to be an arrangement that was agreed to, I do remember the order has to do with anything marked confidential regarding the protective order he had to release or get AH to release. I’ll link it here and tell me if I’ve missed it. This is the date (March) of the order referred to. https://www.bailii.org/ew/cases/EWHC/QB/2020/505.html

Next is are there other options a penalty. Seems like dismissal is at the far end of the spectrum and maybe sanctions or a delay are a choice. Idk U.K. law. Sorry. But it was stated in this article



Here is the order from the March hearing
https://www.bailii.org/ew/cases/EWHC/QB/2020/505.html
Last edited by Lbock on Thu Jun 25, 2020 4:06 pm, edited 1 time in total.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu Jun 25, 2020 4:03 pm

And hearing in Virginia tomorrow in AH HIPPA


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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Thu Jun 25, 2020 4:19 pm

Right...she claimed he took drugs and he claims he was not violent with her. Even if he did admit to taking all kinds of drugs it still doesn't mean he was violent.
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meeps
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Re: The Lawsuits Thread

Unread post by meeps » Fri Jun 26, 2020 3:47 am

Yes, exactly.
Plus if he was that mean spirited when drunk or high - or both - other people would have experienced it too, and presumably come forward to support Amber. But nobody has, as far as I know.