INTORDUCTION
No matter who you are or what you say, everyone to a
degree is allured by the scandals that occur in Hollywood; especially when the
scandal involves two A-list actors. It is apparent that those in the limelight
receive special privileges that the common folk are not privy to regarding the
law. In a recent lawsuit between the captain of all captains, Johnny Depp (plaintiff)
and his ex-wife Amber Heard (defendant), they went head to head in a defamation
lawsuit alleging false claims Heard made in an opt-ed for the Washington
Post which cost Depp his beloved role in the Disney’s Pirates of
the Caribbean movie franchise.
BACKGROUND
- 2015 Los Angeles, California, Amber Heard and Johnny Depp marry.1
- 15 months later 23 May 2016 Heard petitions for divorce2 in the Superior Court of California for irrefutable differences. Heard is granted by the judge a temporary restraining order 4 days after the filing after alleging domestic abuse by Depp prior to her filing the petition.
- Heard alleges domestic abuse by Depp. Upon police investigation during the incident, no evidence of abuse to Heard was found.3
- In June 2016, People Magazine publish a photo4 of Heard with bruises on her eye and lip.
- Divorce settlement of $7 million is reached 16 August 2016. Heard retracts allegations of domestic abuse and dismisses the temporary restraining order against Depp5 after video surveillance, depositions and other evidence proves the allegations of abuse were false.
- Washington Post opt-ed of Heard is published 18 December 2018 insinuating Depp’s abuse of Heard during their marriage.6
THE
CASE
03 March 2019 in the
Circuit Court of Fairfax, Virginia, Johnny Depp filed a lawsuit against Amber
Heard for Defamation.7 In
the complaint Depp seeks $50M for compensatory damages caused by Heard’s false allegations
in the Washington Post opt-ed which has prevented him from securing and
retaining jobs and substantial damage to his reputation. He also seeks punitive
damage for Heard’s willingness and malicious intent for her false implications.
Depp alleged that the Washington Post opt-ed was a publicity stunt pulled
by Heard surrounding the domestic violence claims against him in 2016. Depp
also claimed that Heard was in fact the perpetrator of abuse and he the victim
during their marriage. He stated that in Heard’s previous relationship in 2009
to her partner she was arrested for domestic abuse at the Seattle-Tacoma
International Airport but was not charged.
April 11 2019 Heard filed
a motion to dismiss8
stating proposed venue was not convenient and that the right venue was in Los
Angeles, California where both she and the plaintiff reside as opposed to
Fairfax, Virginia. She combined her motion to dismiss with a plea in bar to
dismiss the case for all time on defamation claims. 25 July 2019 the motion to
dismiss was denied9 due
to the establishment of the proper venue by plaintiff based on the fact that The
Washington Post uploaded the publication online through Springfield, Virginia
servers.
After insufficient
production of documents were provided by Depp in her initial request to produce
documents was served, Heard filed a motion to compel10
discovery 12 September 2019 requesting any documentation regarding Depp’s drug
and alcohol abuse as well as any incident of domestic violence or abuse. Depp opposed11
the motion to compel discovery 11 October 2019 on the grounds that the motion
was served to distract the court from what is actually at issue. Depp also
objected that the scope of discovery is not unlimited, and the request is
irrelevant to the case which is invasive and harassment by seeking privileged
information.
The court order on 18 October 2019 granted12 Heard’s motion to compel Depp to disclose the documents requested. Depp must now produce all nonprivileged documents regarding his drug and alcohol abuse as well as any incident of domestic violence or abuse as well as execute a HIPAA waiver to allow Heard to subpoena all relevant medical documents.
FRCP
RULE 34 REQUEST TO PRODUCE DOCUMENTS:
FRCP
RULE 26 DUTY TO DISCLOSE
Rule 26 controls the scope of the request to produce documents. It permits the discovery of any “nonprivileged” matter that is relevant to any claim or defense.14 Required disclosures include the name, location or address and phone number of any person that has discoverable information. Proceedings exempt from initial disclosure are review of administrative records, a forfeiture action arising from a federal statute, a petition for habeas corpus or a proceeding ancillary to a proceeding in another court. Initial disclosures must be made 30 days after being served unless otherwise stipulated by writ. An unacceptable excuse for initial disclosure is that a party has challenged the sufficiency of another party’s disclosures or because another party has not made its disclosure.
FRCP
RULE 37 FAILURE TO MAKE DISCLOSURES OR TO COOPERATE IN DISCOVERY
On notice to other parties and all affected persons, a party
may move for an order compelling disclosure or discovery. The motion must
include a certification that the movant has in good faith conferred or
attempted to confer with the person or party failing to make disclosure or
discovery in effort to obtain it without court action.15 The motion must be made in the court in
which the dispute arose. A motion to compel
discovery can be made if the party fails to answer an interrogatory or if the
party is evasive or provides an incomplete disclosure, answer or response. If
the motion is granted, the party must pay attorney fees for the movant unless
the movant did not in good faith make attempts to obtain the disclosure without
seeking court writs. Or, the party’s reason for nondisclosure, response or
objection was substantially justified.
CONCLUSION:
A very private matter made very public can complicate a sensitive situation. The issue of Heard’s defense against the retracted allegations of domestic abuse seems to be altering the issue at hand. Though there may be some truth to Heard’s claims the admissible evidence that is being allowed into the defamation lawsuit could open a can of worms that neither A-lister could have anticipated.
QUESTIONS:
- Do you agree or disagree with the Circuit Court Judge’s decision in granting Heard's motion to compel discovery for Depp’s medical records? Why or Why not?
- Does Depp have the legal right to
refuse to produce the documents Heard requested at this point in the litigation
process?
- Are there any other issues/ issues leading up to the case that could be questioned that you can recognize?
- What is your favorite Johnny Depp Movie?
SOURCES CITED:
- https://people.com/celebrity/inside-johnny-depp-and-amber-heards-private-island-wedding-ceremony-photos/
- http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0525_amber_heard_johnny_depp%20divorce.pdf
- https://people.com/crime/amber-heard-and-johnny-depp-photos-show-alleged-domestic-abuse/
- https://www.usatoday.com/story/life/2019/05/20/johnny-depp-v-amber-heard-depp-submits-photos-black-eye-scratches/3450310002/
- https://www.vice.com/en_us/article/59nqv8/johnny-depp-forced-to-turn-medical-records-over-to-amber-heard
- https://www.washingtonpost.com/opinions/ive-seen-how-institutions-protect-men-accused-of-abuse-heres-what-we-can-do/2018/12/18/71fd876a-02ed-11e9-b5df-5d3874f1ac36_story.html?noredirect=on
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp%20v%20heard/cl-2019-0002911_complaint_8766635_03_01_2019.pdf
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp%20v%20heard/cl-2019-0002911_motion_8871369_04_11_2019.pdf
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/opinions/cl-2019-2911-depp-v-heard.pdf
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp%20v%20heard/cl-2019-2911-defendant-motion-to-compel-plaintiff-to-produce-documents-9-12-2019.pdf
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp%20v%20heard/cl-2019-2911-plaintiffs-opp-to-mot-to-compel-10-4-2019.pdf
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp%20v%20heard/cl-2019-2911-order-on-compel-10-18-2019.pdf
- Mauet, T. A., & Marcus, D. W. (2015). Pretrial (9th ed.). New York: Wolters Kluwer.(Pg 249)
- Mauet, T. A., & Marcus, D. W. (2015). Pretrial (9th ed.). New York: Wolters Kluwer.(Pg 339)
- Mauet, T. A., & Marcus, D. W. (2015). Pretrial (9th ed.). New York: Wolters Kluwer.(Pg 339)
Additional
Sources:
I am answering Question 4 first as it's important and the answer is 21 Jump Street. The TV show not the abomination that Channing Tatum ruined, as he ruins everything pure and good with his terrible acting. WHat's Eating Gilbert Grape and that first Pirates movies are close.
ReplyDeleteI would disagree with the circuits ruling he needs to disclose his drug/alcohol abuse. While I think the other domestic abuse cases would be more relevant i think his past substance abuse without showing why it's relevant is just to slander him. Is all his par substance abuse really relevant to the current case at hand? I don't see how that is pertinent or legally relevant to this situation.
for the second question I think Depp has a legal right to produce only evidence that is pertinent to this time and case. While I can see why he would resist given his status if he has evidence that is relevant he should produce it or they should attempt to go into arbitration or other venue of dispute resolution.
As for the third question YES it's just full of issues. I am not sure how much of it is a situation that requires the courts though. It seems to be more personal matter that could be handled in other ways but two people who are so hurt decided that it needs to be held in public. Though to answer this question a bit more, Didn't Heard have a past domestic violence case against her? Can he not also start requesting the very same damaging documents against her? I don't follow all this but I thought i heard that in passing when people were taking sides when this first broke out.
But no really Channing Tatum is a terrible actor and and 21 Jump street deserved better. That should be a legal case.
I completely agree with Ethan. Channing Tatum is like the antithesis of King Midas. Everything Channing touches turns to @*!!. I have to say I disagree with Ethan's choice, however. Benny & Joon.
DeleteEthan, I totally agree with your reasoning as to why Depp shouldn't have to produce his medical records. I don't think it would be very relevant to the current case, since this case isn't about his past relationships. I could definitely see that this could be used more to slander him and hurt his reputation even more.
DeleteI see both of your points, however, isn't Heard's obligation to prove that her insinuations about Depp are in fact true? Thus defamation would no longer be the issue. Couldn't she be trying to obtain his medical records to prove not only does he have a history of violence to further her defense but also that it's plausible that Depp abused her. Could she be trying to link his substance abuse with to her domestic abuse?
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ReplyDelete1. Do you agree or disagree with the Circuit Court Judge’s decision in granting Heard's motion to compel discovery for Depp’s medical records? Why or Why not?
ReplyDeleteRule 26 states: “Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense….” We discussed several privileges in class, and, as I recall, we listed doctor-patient as one of them. Federal law does recognize a psychotherapist-patient privilege.[1] However, federal courts do not recognize doctor-patient privilege, but the rule concludes with this sentence, “But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.”[2] Virginia does recognize a doctor-patient privilege.[3] The Virginia law is long, complicated, and confusing, and it may contain exceptions to the privilege. Barring an exception in the Virginia law, I disagree with the judge’s decision. Records held by Depp’s doctors and psychologist or psychiatrist should not be discoverable.
Depp will have to produce any documents regarding drug and alcohol abuse that he may have that aren’t privileged.
2. Does Depp have the legal right to refuse to produce the documents Heard requested at this point in the litigation process?
Tough question. I don’t know if the federal system has interlocutory appeals. If they do, Depp could put the case on hold and appeal the judge’s decision to the Circuit Court.
3. Are there any other issues/issues leading up to the case that could be questioned that you can recognize?
I’m not sure Depp has much of a case. Has he really been black-balled by Hollywood?
4. What is your favorite Johnny Depp Movie?
Benny & Joon.
I forgot my citations.
Delete1. Jaffee v. Redmond, 518 U.S. 1 (1996).
2. Fed. R. Evid. 501.
3. Va. Code § 8.01-399.
The judge ruled in favor of Heard's motion to compel, and that Depp would have to provide non-privileged documents and complete a HIPAA waiver which to me would imply that privileged documents regarding medical records would also have to be handed over. If Depp does not want his medical records out, I think they may end up settling out of court. Because they are both public figures, I think they are getting into the phase of the litigation process where their dirty laundry is beginning to air.
DeleteDo you agree or disagree with the Circuit Court Judge’s decision in granting Heard's motion to compel discovery for Depp’s medical records? Why or Why not?
ReplyDeleteNot looking at any evidence I am not sure. If there is no evidence leading up to that point in the case that alcohol or drugs played a part, Heard should not have access to Depp's medical records. From what I read about the case so far Depp has no history of domestic violence but Heard does. The allegations that were looked into showed no signs of physical abuse. Because of what has been discovered so far I would say no, Depp should not have to produce medical records.
Does Depp have the legal right to refuse to produce the documents Heard requested at this point in the litigation process?
I am not sure of this but like Chad stated I would think he could appeal the decision.
Are there any other issues/ issues leading up to the case that could be questioned that you can recognize?
Yes, Heard's alcohol and drug abuse could also be questioned and looked into. Also, if he did lose a part in a movie or really has been blackballed from Hollywood based off false accusations Depp should be able to purse that further
What is your favorite Johnny Depp Movie?
I think Edward Scissorhands is a classic but my favorite is Blow.
What I took from Heard's defense was that by obtaining his medical records she could then argue that his substance abuse could possibly be linked to other violent acts he has committed and the plausibility that he could have abused her while under the influence and deny it ever happening. Because this is a defamation suit, Depp is trying to prove that she owes him. She allegedly destroyed his reputation which cause cost him job opportunities. Heard is trying to get proof that he claims and insinuations were not lies and that he did abuse her. I think since the judge ruled in favor of Heard's motion to compel, Depp doe not have a choice.
DeleteAlong with my other classmates, I don't agree that Depp should have to produce his medical records. If the alcohol and drug use is from past relationships, I don't think it would benefit much in the case, as this is Depp's most recent relationship. I'm not sure if Depp has the legal right to refuse to produce the documents, but, like Chad and Angela said, it would be interesting if he appealed the motion.
ReplyDeleteMy favorite Johnny Depp movie is "Finding Neverland." However, the movie that I quote the most of his is "Charlie and the Chocolate Factory." And almost anything with him in it is really entertaining.
I forgot that he was in Finding Neverland, that was a sad movie. I disagree that his medical records are not relevant to the case. Since Depp is trying to sue Heard for defamation on claims or insinuations she published in an article, it's not up to her to make her case that those insinuations were true and she is doing that by trying to link substance abuse with his history of violence. I'm not sure if he can appeal at this point since the judge granted Heard's motion. I found it interesting that Heard thought the venue of Virginia was not the right place for the case to be heard, but since the article she did was published through servers in Virginia, Depp was in the right to file his complaint there.
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