The Lawsuits Thread

[Granna]

LBock:

Privilege privilege log of documents? Please explain if you can. Thank you.

[Lbock]

LBock:

Privilege privilege log of documents? Please explain if you can. Thank you.

I included a Wikipedia screenshot but here is link https://en.wikipedia.org/wiki/Privilege_log

[ForeverYoung]

Thanks for providing the screen shots. I really can't see the small print but it's good to know the judge in this case isn't falling for AH's new lawyer's BS and underhanded bullying tactics. I really hope AH gets sanctioned again because of this.

[Lbock]

Thanks for providing the screen shots.

Happy to help!

[Inquiring Minds]

I see on twitter that our friend Enriq claims to have

"spent all morning on a highly detailed sex misconduct lawsuit against a powerful entertainment exec only to discover (along with others including plaintiff's attorney) that almost everyone involved was the victim of an elaborate hoax." - dated 22nd Feb, 2021

Will wonders never cease. I think a lot of things will come out in the wash this year. This is unlikely to sway Enriq (I suspect), but it may put a dent in his blind support for AH.

It's interesting to note the "almost everyone". Hoaxes invariably require more than one person to carry the hoax convincingly.

On another topic, I see that NGN were unable to have the CoA UK emergency oral hearing stopped. I have 18th March on my calendar for that (please correct if I'm wrong on that).

[Lbock]

My understanding is NGN was supposed to file by February 21 and nothing has been uploaded yet
https://casetracker.justice.gov.uk/getD ... d=20202034

[justintime]

RE: Court-ordered production log for “withheld documents”

“....The motion is GRANTED to the extent that Non-Party Walt Disney Pictures Group, Inc. has withheld production of documents under the claim of privilege as to any category and a corresponding privilege log has not been produced. A production log is ordered to be produced within twenty (20) days, if applicable.”

Q: Please, what do the words “if applicable” imply here? Thanks.

[Lbock]

If they are withholding documents claiming privilege then it’s applicable and they must provide a privilege log.

[justintime]

Thank you, Lbock. I was reading too much into it...

[Lbock]

Several filings in Fairfax:

Sadly, the case has been rescheduled to April 11, 2022
https://www.fairfaxcounty.gov/circuit/s ... 3-2021.pdf

Adam Waldman has been subpoenaed and noticed for a deposition for April 6, 2021
https://www.fairfaxcounty.gov/circuit/s ... 2-2021.pdf

https://www.fairfaxcounty.gov/circuit/s ... 2-2021.pdf

The judge denied Heard's request for a conciliator
https://www.fairfaxcounty.gov/circuit/s ... 9-2021.pdf


Judge White (FYI) Retires July 1, 2021

[Granna]

LBock: Sad to hear that it has been rescheduled for April 22'. With the judge retiring does that mean we have to start all over again? How concerned should one be about the subpoena on AW?

[Lbock]

LBock: Sad to hear that it has been rescheduled for April 22'. With the judge retiring does that mean we have to start all over again? How concerned should one be about the subpoena on AW?

The subpoena on Adam was expected as judge ruled on that weeks ago. I expect Adam will answer nearly all questions claiming client confidentiality.

The new judge will have plenty of time to get to know the case from this July through next April, especially since the judge will be hearing motions, not a conciliator (discovery referee in California)

[Granna]

LBock: Sorry to a pain, but what exactly is a discovery referee do and what for? I realize this has something to do with Heard but I'm a little foggy on this, thank you

[Lbock]

LBock: Sorry to a pain, but what exactly is a discovery referee do and what for? I realize this has something to do with Heard but I'm a little foggy on this, thank you

Here is a link for the Virginia Conciliator. I only mentioned the Discovery Referee because that is what they used for TMG in case some remembered

Discovery Conciliation Program - Fairfax
The Conciliation Program is a service of the Fairfax Bar Association. It operates under the auspices and supervision of the Conciliation Subcommittee of the Association's Standing Committee on Professionalism. The program's conciliators are experienced litigators, with expertise in both civil litigation and family law. They have volunteered their services to help resolve motions and other preliminary disputes without charge to the parties in the case. The Conciliation Program is entirely voluntary. It aims to speed up the disposition of cases and reduce the cost of litigation by helping to resolve the types of procedural motions and interim matrimonial disputes which tend to burden the system and which frequently frustrate the judicial system's goal of providing a swift and fair determination of the parties' rights.

The types of disputes which the Conciliation Program can resolve include, but are not limited to, motions and petitions:

in all civil discovery disputes;
for visitation and emergency visitation orders;
to modify scheduling orders (except continuances);
seeking pendente lite relief; and
in other matters, at the discretion of the court.
When conciliation is requested, trained conciliators meet with the interested parties. They listen carefully to each party's position and attempt to effect a resolution of the dispute by helping the parties develop realistic and satisfactory ways for the dispute to be resolved without further intervention by the court. All proceedings are informal and confidential. The conciliator's recommendations or suggestions are not binding upon the parties and are not disclosed to the court.

Conciliation is available to litigants before the Fairfax County Circuit Court. It is available whether or not the parties have counsel of their own. Conciliators do not give legal advice to either side of a dispute, and are neutral and impartial. They will, however, endeavor to do whatever is required to assist all parties to understand the real nature of the dispute. Once the dispute is clearly defined, the conciliator should be able, in most cases, to help the parties and their counsel develop ways in which the legitimate goals of each party can be achieved without the expense and uncertainty of further litigation. Conciliators are available to meet with the parties to conduct these conciliation sessions in person at the courthouse, or will conduct the sessions by phone for the convenience of all concerned.

A case may be designated for early conciliation by the judge assigned to hear the case on motions day. Typically these designations occur late on Tuesday or early on Wednesday of the week the motion is set to be heard. If a motion is designated for conciliation, the judge's law clerk will call counsel or pro se parties, following which a conciliator will be assigned to the motion who will then contact counsel and/or pro se parties to initiate conciliation.Since its inception in 1997, the Conciliation Program has aided the court, litigants and counsel in the resolution of hundreds of preliminary motions disputes. During a survey conducted in 1999, over 85% of cases conciliated resulted either in the resolution of the motion or in a significant narrowing of the issues needed to be heard by the court. The program has received very positive support from the court, the Fairfax Bar Association and practicing attorneys. It has received funding for its coordinator since 1999 from the Virginia Law Foundation.

http://www.courts.state.va.us/courtadmi ... prgms.html

[Inquiring Minds]

Granna - my understanding of the role of the conciliator, and reading between the lines, is that they can be used to either limit or extend the material requested by agreement between the parties before it goes before a judge.

This falls into the same murky area as self-censorship. It relies on one party being bullied, shamed or threatened to bow to the other party's will. It steps outside what is strictly legal and tends to disadvantage one party unreasonably (imo). And it all happens behind closed doors.

JD's team has rightfully opposed this (and won). And whilst discovery in this and previous cases has produced a wealth of evidence for TeamDepp, it is only when it's inclusion is challenged in court that documents become public through filings. Having these things decided in court ensures it is legally sanctioned and within scope, makes it available publicly and transparently and I think of as a gift from JD to his supporters. The more truth exposed, the better.