: FILED VIRGINIA: COURT SERVICES IN THE CIRCUIT COURT OF FAIRFAX COUNTY 919 492 111 2: 5b JOHN C. DEPP, II JOHN T, FREY. SUERK, CIRCUIT COURT Plait FAIRFAX. VA v. Civil Action No.: CL-2019-0002911 AMBER LAURA HEARD Defendant. MOTION FOR LEAVE FOR BRIEFING SCHEDULE AND EVIDENTIARY HEARING ON MOTION TO DISMISS PURSUANT TO VA. CODE § 8.01-265(i)! COMES NOW, by special appearance, Defendant Amber Laura Heard (“Ms. Heard”), by her undersigned counsel, and, pursuant to Virginia Code section 8,01-265(i), the Rules of the Supreme Court of Virginia, and sub-sections 1.04, 1.05, and 6.00 of Section E of The Fairfax Circuit Court Practice Manual (2018 ed.), hereby files this Motion for Leave for Briefing ‘Schedule and Evidentiary Hearing on Motion to Dismiss Pursuant to Va. Code § 8.01-265((), and in support thercof states as follows: 1. Ms. Heard, by counsel, has filed a Combined Motion to Dismiss Pursuant to Va. Code § 8.01-265(i) and Plea in Bar. 2. Im accordance with Virginia Code section 8.01-265(i), the Rules of the Supreme Court of Virginia, and sub-sections 1.04, 1.05, and 6.00 of Section E of The Fairfax Circuit, Court Practice Manual (2018 ed.), Ms. Heard respectfully requests that this Court apply a briefing schedule to her Motion to Dismiss with a Memorandum in Support of fifteen (15) pages, ' The undersigned counsel will confer with counsel for Plaintiff to appear at calendar control for scheduling a briefing schedule and an evidentiary hearing and/or otherwise schedule this matter for an available Motion’s Docket if necessary. sasmoaa Memorandum in Opposition (if any) of twenty pages (20) and a Memorandum in Reply of five (6) pages.” 3. Moreover, Ms. Heard has already prepared a Memorandum in Support consistent with the above which includes evidence necessitating an evidentiary hearing of more than thirty (G0) minutes such that Ms. Heard also requests the scheduling of an evidentiary hearing at the Court's earliest available date. 4, The Memorandum in Support is attached and incorporated herein by reference as Exhibit A with a request that the Court accept the Memorandum as filed. WHEREFORE, in consideration of the foregoing, Defendant Amber Laura Heard respectfully moves this Court to: (i) grant the proposed briefing schedule contained herein, (ji) grant the request for an evidentiary hearing (and schedule such hearing) as to the Motion to Dismiss Pursuant to Va, Code § 8.01-265(), (iii) accept the attached Exhibit A as the Defendants? Memorandum in Support of the Motion to Dismiss Pursuant to Va. Code § 8.01- 265(i) with instructions that Defendant docket an identical copy with the Clerk of this Court for clear record purposes, and (iv) grant such other and further relief as deemed appropriate. at a a Wd ut 2 Defendant intends to schedule the Plea in Bar for a separate hearing subject to a separate bricfing scheduling if the Motion to Dismiss is not granted. rasa 2masa Dated this 11 day of April 2019. Respectfully submitted, Richard A, Schwartz, Esq. (pro hac vice application pending) BROWNE GEORGE ROSS LLP 2121 Avenue of the Stars, Suite 2800 Los Angeles, California 90067 Telephone: (310) 274-7100 mile: (310) 275-5697 im, [email protected] Defendant Amber Laura Heard Timothy J. McEvoy, Esq. (VSB No. 33277) ‘Sean Patrick Roche, Esq. (VSB No, 71412) CAMERON/McEVOY, PLLC 4100 Monument Comer Drive, Suite 420 Fairfax, Virginia 22030 Telephone: (703) 273-8898 Facsimile: (703) 273-8897 [email protected] ‘[email protected] Counsel for Defendant Amber Laura HeardCERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 11% day of April 2019, I served the foregoing via First ‘Class Mail (postage prepaid) and electronic mail upon the following: Benjamin G. Chew (VSB No. 29113) Elliot J. Weingarten (pro hac vice application forthcoming) Andrew C. Crawford (VSB # 89093) BROWN RUDNICK LLP 601 Thirteenth Street, N.W. Washington, D.C. 20005 Telephone: (202) 536-1700 Facsimile: (202) 536-1701 Email: [email protected] Adam R. Waldman ‘THE ENDEAVOR LAW FIRM, P.C. 1775 Pennsylvania Avenue, N.W., Suite 350 Washington, DC 20006 Brittany Whitesell Biles (pro hac vice application forthcoming) STEIN MITCHELL BEATO & MISSNER LLP 901 Fifteenth Street, N.W. Suite 700 ‘Washington, D.C. 20005 Telephone: (202) 601-1602 Facsimile: (202) 296-8312 Email: [email protected] Counsel for Plaintiff John C. Depp, It Timothy J. McEvoy, Esq. (VSB No. 33277) sno. 4VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY JOHN C. DEPP, II Plaintiff, v. Civil Action No.: CL-2019-0002911 AMBER LAURA HEARD Defendant. ORDER THIS CAUSE comes at the request of Defendant Amber Laura Heard, by counsel, for a briefing schedule and evidentiary hearing as to the Motion to Dismiss Pursuant to Va, Code § 8.01- 265(i), and IT APPEARING that the Motion for Leave for Briefing Schedule and Evidentiary Hearing ‘on Motion to Dismiss Pursuant to Va. Code § 8.01-265(i) should be granted, itis hereby: ORDERED that in accordance with Virginia Code section 8.01-265(j), the Rules of the Supreme Court of Virginia, and sub-sections 1.04, 1.05, and 6.00 of Section E of The Fairfax Circuit Court Practice Manual (2018 ed.) the following schedule and evidentiary hearing is hereby scheduled to govern the disposition of the Motion to Dismiss Pursuant to Va. Code § 8.01-265(i): Memorandum in Support ~ Due: (15 pages). Memorandum in Opposition — Due: (20 pages). Memorandum in Reply — Due: (G pages). Evidentiary Hearing - to commence at EDT. ITIS FURTHER ORDERED the Exhibit A attached to the Motion for Leave for Briefing Schedule and Evidentiary Hearing on Motion to Dismiss Pursuant to Va. Code § 8.01-265(i) ishereby accepted as filed with Defendant instructed to docket an identical copy with the Clerk of this Court for clear record purposes. ENTERED this day of, +2019. Judge, Circuit Court for the County of Fairfax WE ASK FOR THIS: Timothy J. McEvoy, Esq. (VSB No. 33277) ‘Sean Patrick Roche, Esq. (VSB No. 71412) CAMERON/McEVOY, PLLC 4100 Monument Comer Drive, Suite 420 Fairfax, Virginia 22030 Telephone: (703) 273-8898 Facsimile: (703) 273-8897 [email protected] [email protected] Counsel for Defendant Eric M. George, Esq. (pro hac vice application pending) Richard A. Schwartz, Esq. (pro hac vice application pending) BROWNE GEORGE ROSS LLP 2121 Avenue of the Stars, Suite 2800 Los Angeles, California 90067 Telephone: (310) 274-7100 Facsimile: (310) 275-5697 [email protected] [email protected] Counsel for DefendantSEEN AND Benjamin G, Chew (VSB No. 29113) Elliot J. Weingarten (pro hac vice application forthcoming) Andrew C. Crawford (VSB # 89093) BROWN RUDNICK LLP 601 Thirteenth Street, N.W. Washington, D.C. 20005 Telephone: (202) 536-1700 Facsimile: (202) 536-1701 Email: [email protected] Adam R. Waldman ‘THE ENDEAVOR LAW FIRM, P.C. 1775 Pennsylvania Avenue, N.W., Suite 350 Washington, DC 20006 Britany Whitesell Biles (pro hac vice application forthcoming) STEIN MITCHELL BEATO & MISSNER LLP 901 Fifteenth Street, N.W. Suite 700 Washington, D.C. 20005 Telephone: (202) 601-1602 Facsimile: (202) 296-8312 Email: [email protected] Counsel for Plaintiff John C. Depp, ItEXHIBIT A eo1786- ¥VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY JOHN C. DEPP, II Plaintiff, v. Civil Action No.: CL-2019-0002911 AMBER LAURA HEARD Defendant. MEMORANDUM IN SUPPORT OF MOTION TO DISMISS COMES NOW, by special appearance, Defendant Amber Laura Heard (“Ms. Heard”), by her undersigned counsel, and, pursuant to Virginia Code section 8.01-265(i), hereby moves to dismiss the Complaint because the only issues to be resolved in this litigation center on events, witnesses, and premises, all of which are located in Los Angeles, California, making Vit jaan inappropriate venue. In support of her Motion to Dismiss, Ms. Heard states as follows: I. _ INTRODUCTION Johnny Depp regularly abused Amber Heard—both physically and emotionally— throughout much of their relationship. The vast majority of these violent incidents occurred when Mr. Depp was drunk or high or both in their Los Angeles, California home or while the couple was traveling abroad, Ms. Heard eventually found herself forced to file for divorce, sought and obtained a domestic violence restraining order against Mr. Depp, and freed herself’ from the abusive relationship. After the ensuing media frenzy—in which Mr. Depp distorted the truth for public consumption—Ms. Heard resolved to fight for the victims of domestic violence, and to do everything in her power to fight back against the silencing of abuse vietims. She became the ates 1American Civil Liberties Ur ’s Ambassador for Women’s Rights, and now speaks at conferences worldwide about how to combat this pemicious and insidious issue affecting nillions, if not billions of women and men worldwide. In December of 2018, Ms. Heard authored an Op-Ed about domestic violence. Her article does not mention Mr. Depp. Moreover, as Mr. Depp concedes, every sentence in that Op- Ed is literally true. Notwithstanding, in an all-too-transparent ploy to stanch the ongoing damage to his reputation as a Hollywood star, Mr. Depp used the Op-Ed as a pretext to sue Ms. Heard. He now claims—as a means of alleging defamation against Ms, Heard—that he has dozens of witnesses (notably, all of whom are located in Los Angeles, California) who will testify that one particular incident of abuse is “demonstrably untrue” and a “hoax.” Of course, Mr. Depp’s claims are an attempt to mislead the trier of fact into thinking that, ‘one incident in 2016—out of dozens of violent episodes throughout the couple’s relationship—is the only possible basis for Ms. Heard’s perspective as a domestic abuse victim. Ms, Heard’s primary defense—the truth—will be proven when this bad faith defamation action is adjudicated on its merits. For now, however, it simply need be noted that the issues, witnesses, and premises that will prove the truth of Ms. Heard’s defenses are all located in Los Angeles, California. Because an examination of such evidence could not be performed by this Court in Fairfax, Virginia, Ms. Heard respectfully requests that this Court dismiss this case on grounds of forum non conveniens, so that Mr. Depp’s meritless claims may be tried and disposed of, once and for all, in Los Angeles, California, H. LEGAL STANDARD Pursuant to Virginia Code section 8.01-265(i), a court may “dismiss an action brought by a person who is not a resident of the Commonwealth without prejudice under such conditions as ease 2the court deems appropriate if the cause of action arose outside of the Commonwealth and if the court determines that a more convenient forum which has jurisdiction over all parties is available in a jurisdiction other than the Commonwealth.” ‘The decision of whether or not to dismiss and transfer such a case is “within the sound discretion of the trial judge.” Va. Code § 8.01-267. I. ARGUMENT A. Plaintiff's Com e Chai h Arose In California Despite Plaintiff's attempt to disguise his Complaint as three separate causes of action, in reality, Plaintiff asserts only one defamation claim based on a single Op-Ed appearing in the ‘Washington Post. That claim is subject to dismissal under Virginia Code § 8.01-265(i) because the claim arose in California and because California is the far more convenient forum for this litigation. 1. Plaintiff Asserts Only One Defamation Claim Depp seeks to prosecute three redundant defamation claims arising out of a single Op-Ed written by Ms. Heard and published in the same edition (though in different media) of the Washington Post. However, Virginia follows the “single publication rule” in defamation cases. See Armstrong v. Bank of Am., 61 Va. Cir. 131 (2003) (citing Myska v. RMS Technologies, Inc., 25 Va. Cir. 34 (Fairfax, Oct. 21, 1991) (“Under the single publication rule, ‘[alny one edition of a book or newspaper, or any one radio or television broadcast, exhibition of a motion picture or similar aggregate communi is a single publication.””)). The single publication rule “was adopted in recognition of the vast multiplicity of suits which could arise from mass publications which transcend a variety of medias and state lines, and the attendant problems of choice of law, indefinite liability, and endless tolling of the statute of limitations.” Myska v. RMS Techs., Inc., 25 Va. Cir. 344 (1991) (quoting Khaury v. Playboy Publications, 450 F. Supp. 1342, 1354 aus 3(S.D.N.Y. 1977).! Because each of Plaintiff's claims is expressly premised on the publication of a single Op-Ed that appeared in a single edition of the Washington Post across different media, Plai iff asserts only a single defamation claim. (See Compl. $1175, 86, 97 (premising three separate claims on the same edition of the Washington Post).) 2. Plaintiff's Defamation Claim Arose Outside Virginia Plaintiff's single claim for defamation undoubtedly arose outside of Vi Regardless of whether Virginia or some other law applies to determine where a defamation claim “arises,” the single, multistate mass media claim at issue here arises in California. Applying Virginia law, a federal district court squarely addressed where a multistate, mass media defamation claim arises: Virginia follows the “traditional” choice-of-law approach: it applies the lex loci detect, or the law of the place of the tort, to issues of substantive law. See Jones v. RS. Jones & Assoc's, Inc., 246 Va. 3, 5, 431 S.E.2d 33, 34 (1993); McMillan v. MeMillan, 219 Va. 1127, 253 S.E.24 662, 663-64 (1979). According to the First Restatement of Conflict of Laws, the place of the tort is the state “where the last event necessary to make an actor liable for an alleged tort takes place,” which in all but a few cases is the injury felt by the plaintiff. Restatement (First) of Conflict of Laws § 377 (1934). The traditional rule has been considered inexact in cases of libel arising from ‘multi-state publications, Some courts have called the old rule “cumbersome, if not impossible” to apply where the plaintiff's reputation is allegedly injured in several states by the same aggregate publication. Wells v. Liddy, 186 F.3d 505, 527 (4th Cir.1999). However, in practice, lex loci jurisdictions have shown remarkable consistency in 1 Although the Virginia Supreme Court has not specifically considered whether the single publication rule applies in the context of an internet publication, nearly every other jurisdiction has held that an internet publication of the same material is part of a single publication. See, e.g, Eramo v. Rolling Stone, LLC, 209 F. Supp. 34 862, 879 (W.D. Va. 2016) (“Jurisdictions that have adopted the single publication rule are ‘nearly unanimous’ in applying it to internet publications.”); Canatella v. Van De Kamp, 486 F.3d 1128, 1134 (9th Cir. 2007) (holding that internet publication qualified as single publication for purposes of the single publication rule, and that “a single publication gives rise to only one cause of action”); Nationwide Bi-Weekly Admin., Inc, v. Belo Corp., 512 F.3d 137, 146 (5th Cir. 2007) (same). isso 4how to resolve the question. The vast majority of such districts look to the law of the jurisdiction where the plaintiff suffered the greatest injury. Moreover, that district is usually the one in which the plaintiff was domiciled. See Wells v. Liddy, 186 F 34 505, 528 (4th Cir. 1999) (interpreting Maryland law); Miller v. Lear Siegler, Inc., 525 F. Supp. 46, 56 (D. Kan. 1981); Lewis v. Reader's Digest ‘Ass'n, Inc., 162 Mont, 401, 407, 512 P-2d 702 (Mont.1973). Virginia has not specifically addressed this question, but I find that they would follow the lead of other lex loci jurisdictions and pinpoint the place of greatest harm in this ‘multistate libel case in the district where the plaintiff was domiciled, absent strong countervailing circumstances. Hatfill v. Foster, 415 F. Supp. 2 353, 364-65 (81 2006) (emphasis added); see also Gilmore v. Jones, No. 3:18-cv-00017, at *40-41 (W.D. Va. Mar. 29, 2019) (“the Court finds that the Supreme Court of Virginia, in extending lex loci delicti to multi-defendant, multi-state Internet tort cases, would define the ‘place of the wrong’ as the state where the plaintiff is primarily injured as aresult of the allegedly tortious online content,” and holding that a claim arose in the plaintiff's domicile state), ‘The Restatement (Second) of Conflicts is in accord. Section 150 recites that “The rights and liabilities that arise from defamatory matter in any one edition of a... newspaper . .. or similar aggregate communication are determined by the local law of the state which .. . has the most significant relationship to the occurrence and the parties.” Rest. (Second) Conflicts § 150. Moreover, “the state with the most significant relationship ‘will usually be the state where the plaintiff was domiciled at the time if the matter complained of was published in that state.” Sarver v. Chartier, 813 F.3d 891, 898 (9th Cir. 2016); see also Hanley v. Trib. Publ'g Co., $27 F.2d 68, 70 (9th Cir.1975) (“In cases of defamation, [the Second Restatement factors] normally would call for application of the law of the plaintif?’s domicil.”). Here, the alleged defamation plainly arose outside of Virginia. Plaintiff is domiciled in California, (Compl. { 8.) He does not own property in Virginia. He does the vast majority of his work as a Hollywood actor in California. (Jd.) He secks redress for injuries to his vasa 5professional and personal reputation—both of which are primarily based on the opinions of people he works and lives with in California. (Id. §{ 5, 8, 71, 73, 82, 83, 93, 104.) Underscoring the conclusion that Virginia is not the place where any defamation arose, none of the relevant conduct took place in Virginia, To the best of her knowledge, Ms. Heard has never set foot in Virginia. (Heard Decl. § 56.) Ms, Heard was never even in direct contact with any Washington Post employee, let alone one with an office in Virginia, (Id. 1] 53-55.) Nor did she make any request that her Op-Ed be distributed in any print edition of the newspaper that might be circulated in Virginia. (Id. $55.) B. Virginia Is A Completely Inconvenient Forum Virginia courts also look to whether another forum would be more convenient: The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter ofa general venue statute. These statutes are drawn with a necessary generality and usually give a plaintiff a choice of courts, so that he may be quite sure of some place in which to pursue his remedy. But the open door may admit those who seek not simply justice but perhaps justice blended with some harassment. A plaintiff sometimes is under temptation to resort to a strategy of forcing the trial at a most inconvenient place for an adversary, even at some inconvenience to himself. Gulf Oi Corp. v. Gilbert, 330 U.S. 501, 507 (1947) (emphasis added). “The forum chosen as a result of [the forum non conveniens analysis] should be one which insures the ability of the plaintiff to prosecute his cause free from any suggestion of abuse of the venue provisions.” Norfolk & W. Ry. Co. v. Williams. 239 Va. 390, 393 (1990). In Norfolk & Western Railway Co. v. Williams, the Virginia Supreme Court articulated the circumstances that must be considered in a forum non conveniens analysis. Those factors include “[1] relative ease of access to sources of proof; [2] availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing witnesses; [3] possibility of view of premises, if view would be appropriate to the action; and [4] all other practical rast 6problems that make trial of a case easy, expeditious and inexpensive.” Id. at 393 (citing Gulf, 330 U.S. at $08). Thus, critical to the forum non conveniens analysis is an understanding of what would be litigated on the merits of Plaintiff's action. 1. The Primary Issue In Dispute Is Whether Mr. Depp Abused Ms. Heard In California, Australia, Japan, Or The Bahamas. For his Complaint, Mr. Depp contends that Ms. Heard defamed him by authoring an Op- Ed. Ostensibly vexed by the absence of any literal falsehoods in the Op-Ed (Compl. $f 1-2, 20- 23), Plaintiff takes issue with an implication he has imagined is contained within the Op-Ed, namely, that he had abused Ms. Heard during the course of their marriage. (Id. 3-4, 22-23.) Setting aside whether any such implication is reasonably inferable, the only factual questions that will require resolution in this action are whether, in fact, Mr. Depp actually abused Ms. Heard (rendering even the imagined inferences truthful) and whether Ms. Heard acted with malice. See Jordan v. Kollman, 269 Va. 569, 575, 612 $.E.24 203, 206 (2005) (“In Virginia, the elements of libel are (1) publication of (2) an actionable statement with (3) the requisite intent, ‘True statements do not support a cause of action for defamation.”) (internal citations omitted).? Mr. Depp’s Complaint proclaims that he could not have abused Ms. Heard because several witnesses who saw Ms. Heard after one reported incident later claimed that they had not seen evidence of abuse on that occasion. (See Compl. §f 16, 17, 27, 30, 33-60.) This confusion suffers from two flaws of logic: First, notwithstanding the fact that there is ample evidence that ‘Mr. Depp abused Ms, Heard on that occasion—including sufficient evidence for a court to grant Ms. Heard a domestic violence restraining order—there were numerous other occasions where Mr. Depp abused Ms. Heard, (See Heard Decl. $f] 5-42.) Second, it does not follow that because 2 Of course, whether Ms. Heard’s statements constitute opinion is a separate question. mms: 7certain individuals may now claim not to have seen bruises on Ms. Heard, that she was not in fact abused. For purposes of adjudicating the Motion to Dismiss, the only state with a nexus to the truth of Mr. Depp's abuse—which will prove the truth or falsity of the implication Mr. Depp alleges Ms. Heard made in her Op-Ed—is California (setting aside Australia, Japan, and the Bahamas). That is because California is where all of the witnesses are located, Indeed, that is true as to those “witnesses” who Mr. Depp claims may somchow disprove his abuse, as Mr. Depp concedes that each of the 13+ “witnesses” identified in the Complaint (and therefore a central source of proof for his claim) is located in California. (See Compl. $f] 16, 17, 27, 30, 33- 60.) California is also the location of the other witnesses who directly observed Mr. Depp’s abuse of Ms. Heard. (Heard Decl. $f] 6-11, 19-20, 23, 27-33, 36-40.) The vast majority of these ‘occasions took place in Los Angeles, California, where Mr. Depp would alternate between sober and inebriated states, between lucid and delusional thinking, and between remorse and violence with Ms. Heard. (Id. $9 5-42.) Mr. Depp and his assistants would apologize to Ms. Heard the next moming for Mr. Depp’s behavior, appalled at what had happened the night before. (Id. 9 8,12.) Ms. Heard would frequently cover for Mr. Depp, brushing her hair to conceal bruises and lying to her parents to prevent them from intervening. (Jd. §¥ 31, 45.) Ms. Heard had to frequently live apart from Mr. Depp—at one point in their marriage for a month straight—in order to hide from Mr. Depp when he was in one of his delusional or violent moods. (Id. ¥¥ 14, 35.) Friends, acquaintances, staff and doctors: all witness to Mr. Depp’s behavior, all located in California, (Id. 49 6-11, 19-20, 23, 27-33, 36-40.) If litigation is a vehicle for ascertaining the truth, itis necessary for this litigation to proceed in California where the witnesses can be heard in person. ‘Those witnesses are outside of this Court’s subpoena power. mieson 8gSimilarly, evidence regarding the effects of Ms, Heard’s Op-Ed on Mr. Depp’s professional reputation—the primary source of his damages claim—will necessarily focus on Los Angeles, California, the place where Mr. Depp regularly conducts his business as an actor. (See Compl. #9 5, 71, 73, 82, 83, 93, 104.) While a plaintiff's choice of forum may have an initial presumption of correctness, “the weight afforded that choice is diminished when, as here, the action has at best only a technical, formal connection with the original court chosen.” Williams, 239 Va. at 395-96. Here, none of Mr, Depp’s abuse of Ms. Heard even allegedly took place in Virginia, Based on the issues raised by Mr. Depp’s Complaint, the factual questions to be resolved at trial are: i) the credibility of the various parties and witnesses he has identified in his Complaint (all of whom are located in California); ii) the veracity of Defendant’s account of Plaintiff's abusive episodes given the layout and damage done to the physical premises where the abuse occurred (in Los Angeles, California); and iif) damages, if any, to Plaintiff's professional reputation amongst the entertainment industry (primarily located in Los Angeles, California). Therefore, as discussed below, every factor in the forum non conveniens analysis weighs in favor of finding that Virginia is an inconvenient forum, California has a far greater nexus to the issues for resolution in this action, and proceeding in Virginia would interpose all sorts of practical and substantive difficulties on the parties, making it impossible to conclude that Plaintiff chose Virginia as « venue for any reason other than harassment. ausar 9Parties To Access The Relevant Sources Of Proof ‘The first factor in the forum non conveniens analysis is whether the forum provides ready and inexpensive access to the sources of proof in the litigation, Williams, 239 Va, at 395. “Clearly an important indicator of good cause supporting transfer is substantial inconvenience to parties or witnesses.” 1d.; see also Hotung v. Hotung, No. 130264, 2014 WL 576178, at *3 (Va. Feb. 7, 2014) (reversing denial of motion to dismiss on forum non conveniens grounds because, inter alia, “{to testify in person in this case, both the parties and the witnesses would have been. required to engage in lengthy, complicated international travel from Hong Kong to Fairfax, Virginia. ‘The expense and inconvenience of appearing at trial would have increased proportionally with distance compared to Williams.”). Here, as previously discussed, every party and relevant witness resides in Los Angeles, California: Mr. Depp (Compl. 4 8); Ms. Heard (id. 4 9); Ms. Heard’s friends and family Mr. Depp has accused of participating in a hoax (id. 4 54); the building residents and employees who claimed to have witnessed (or not witnessed) Ms. Heard’s physical conditions (id. 4 36, 38, 40- 56); the security guards employed by Mr. Depp (id. $f] 30); the police officers who arrived in response to a 911 call by iO Tillet Wright, who overheard Mr. Depp abusing Ms. Heard (id. 1 60; Heard Decl. $9136, 38); Mr. Depp’s assistant who witnessed and apologized for his abuse (Heard Decl. 8); and Mr. Depp’s professional representatives who might testify as to how Mr. Depp's career and reputation have changed following the publication of the Op-Ed (see, e.g., Compl. 5, 71, 73, 82, 83, 93, 104). Of course, Los Angeles, California is significantly farther from Fairfax, Virginia than the distance that proved dispositively inconvenient in Williams, and the dozens of witnesses who would be needed at any fair trial would be substantially inconvenienced in any attempt to mies 10provide live testimony, if not outright precluded from being compelled to testify, (See Compl. ff 36, 38, 40-56; Heard Decl. $f 6-11, 19-20, 23, 27-33, 36-40.) As the Virginia Supreme Court recently reaffirmed, in Williams, it had “reversed a circuit court's denial of a motion to transfer under Code § 8.01-265 largely because of the inconvenience to the witnesses in having to travel from Roanoke (where the plaintiff sustained personal injury) to Portsmouth (where he fled his complaint).” See Hotung, 2014 WL 576178, at *3. The Williams court had explained: By holding atrial in Portsmouth, the witnesses faced the inconvenience of being away from families, homes, and jobs while traveling to Portsmouth to testify, regardless of who made the arrangements or paid the expenses. Not one potential witness was from Portsmouth and would be spared this imposition. The alternative was the presentation of deposition testimony, a less desirable procedure which deprives the trial judge and jury ofthe ability to evaluate the witnesses in person. Williams, 239 Va. at 395 (emphasis added). "The case at bar presénts a stronger case for dismissal on forum non conveniens then even Williams, as the inconvenience to the potential witnesses in this action would be far greater given the larger distance between Los Angeles and Fairfax County. 3. Virginia Courts Cannot Compel California Witnesses To Appear At Trial, Depriving The Parties The Ability To Confront Accusers, ‘Accomplices Or Uncooperative Witnesses As discussed above, numerous witnesses would undoubtedly refuse to undertake such travel for purposes of hearings, depositions, or trial if this case was litigated in Fairfax County. Moreover, the neighbors, guards, friends, and other purported witnesses who are not parties to the case could choose not to cooperate and thereby frustrate efforts to obtain their attendance at trial as Virginia cannot compel it. See Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 289 Va. 426, 433, 770 S.E.2d 440, 443 (2015) (“[O]ur Rules do not recognize the existence of subpoena power over nonresident non-parties.”). The ability to compel witness attendance at trial was a critical concer of the Williams court, and is all the more problematic here given the likelihood ries uMthat neutral, disinterested witnesses (including those Mr. Depp identifies in his Complaint) will bbe unwilling to bear the inconvenience and expense to testify at trial unless compelled. Thus, far beyond being a matter of “mere inconvenience,” litigating in Depp's chosen forum of Virginia would actually deprive Defendant of the ability to confront witnesses at trial. That significant prejudice weighs heavily in favor of dismissal under Williams. 4 e levant Physical Premises Are In Los Angeles, California In addition to the inconvenience of procuring the witnesses Mr. Depp has identified in his Complaint, it would be impossible for a trier of fact located in Fairfax County, Virginia to view the physical premises that Mr. Depp has put at issue in his Complaint. For example, Mr. Depp alleges that he could not have injured Ms. Heard when he threw his cell phone and struck Ms. Heard in the face in light of the physical layout of the apartment and the view that his security guards had of Ms. Heard after the fact. (Compl. 33.) Mr. Depp also claims that security camera footage following one incident of abuse disproves Ms. Heard’s claim—either way, the proof will necessarily depend on the layout of the physical premises in Los Angeles, California, (id. 49 51, 53-57,). Likewise, Mr. Depp left ample evidence of his delusional and violent states in the broken objects and furniture he had shared with Ms, Heard in his Los Angeles apartments, (Heard Decl. $9127, Ex. 12, 36-40, Ex. 29.) Such physical evidence would only be accessible to a trier of fact in California, not Virginia, Thus, if forced to litigate in Virginia, Defendant would. suffer even more prejudice to her ability to fully present her defenses, Consequently, this factor also weighs in favor of dismissal on forum non conveniens grounds, 5. Litigating In California Would Allow For An Early Anti-SLAPP. ‘Motion And Disposition Of Mr. Depp’s Claims, Lastly, litigating in Virginia would preclude Ms. Heard from asserting her substantive tight to require Mr. Depp to prove his likelihood of prevailing on the merits before litigating snas0 12further under California’s Anti-SLAPP statute. See Maloney v. T3Media, Inc., 94 F. Supp. 3d 1128, 1132 (C.D. Cal. 2015), aff'd, 853 F.3d 1004 (9th Cir, 2017) (“Although framed as a rule of state procedure, California's anti-SLAPP statute protects substantive rights and thus applies in federal court.”) (citing Newsham v. Lockheed, 190 F.3d 963, 973 (9th Cir. 1999)), In California, Ms. Heard could require Mr. Depp to put forward evidence that would demonstrate, on pain of dismissal, that he is likely to prevail on his claim, Ze, to prove that he had never abused Ms. Heard. See Cal. Civ. Proc. Code § 425.1 5 Stewart v, Rolling Stone LLC, 181 Cal. App. 4th 664, 675 (2010), as modified on denial of reh’g (Feb. 24, 2010) (under California anti-SLAPP law, a special motion to strike may be filed, and if defendant shows that the challenged conduct arises out of “protected activity,” “the burden shifts to the plaintiff to establish, with admissible evidence, a reasonable probability of prevailing on the merits”).> While Virginia’s recently amended Anti-SLAPP statute does provide for immunity from suit for certain kinds of statements, Virginia law does not place an early burden of affirmatively proving a plaintiff's likelihood of prevailing on their underlying claims at an early juncture in litigation. Nor would Ms. Heard (for the reasons set forth above) be able to adduce in a Virginia based motion the same quantum of evidence that she would be in a California-based anti-SLAPP motion. Because there is overwhelming evidence of Mr. Depp’s abuse of Ms. Heard (and on ‘multiple occasions, not just the one instance Mr. Depp is attempting to call into question in his Complaint), Ms. Heard’s anti-SLAPP motion applying California law would undoubtedly preclude Mr. Depp’s claims from going any farther. 3 Ms. Heard has filed a Combined Motion to Dismiss and Plea in Bar in which the Anti-SLAPP laws of both California and Virginia are preserved out of an abundance of caution. This Motion to Dismiss is submitted to the Court first because this question of venue should be resolved first. mas 1BTV. * CONCLUSION For the foregoing reasons, Ms. Heard respectfully requests that this Court dismiss this, ‘case pursuant to Va, Code § 8.01-265(i). Dated this 11" day of April 2019. Richard A. Schwartz, Esq. (pro hac vice application pending) BROWNE GEORGE ROSS LLP 2121 Avenue of the Stars, Suite 2800 4 Los Angeles, California 90067 Telephone: (310) 274-7100 Facsimil 10) 275-5697 [email protected] Sean Patrick Roche, Es (VSB No. 71412) CAMERON/McEVOY, PLLC 4100 Monument Comer Drive, Suite 420 Fairfax, Virginia 22030 ‘Telephone: (703) 273-8898 Facsimile: (703) 273-8897 {[email protected] voy.com, Counsel for Defendant Amber Laura Heard | 1 sar 4CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on the 11* day of April 2019, I served the foregoing via First Class Mail (postage prepaid) and electronic mail upon the following: Benjamin G. Chew (VSB No. 29113) Elliot J. Weingarten (pro hae vice application forthcoming) Andrew C. Crawford (VSB # 89093) BROWN RUDNICK LLP 601 Thirteenth Street, N.W. Washington, D.C. 20005 Telephone: (202) 536-1700 Facsimile: (202) 536-1701 Email: [email protected] ‘Adam R. Waldman THE ENDEAVOR LAW FIRM, P.C. 1775 Pennsylvania Avenue, N.W., Suite 350 ‘Washington, DC 20006 Brittany Whitesell Biles (pro hac vice application forthcoming) STEIN MITCHELL BEATO & MISSNER LLP 901 Fifteenth Street, N.W. Suite 700 Washington, D.C. 20005 Telephone: (202) 601-1602 Facsimile: (202) 296-8312 Email; [email protected] Counsel for Plaintiff John C. Depp, It Timothy J. McEvoy, Esq. (VSB No. 33277) vasa 15VIRGINIA: Z IN THE CIRCUIT COURT OF FAIRFAX COUNTY JOHN C. DEPP, II Plaintiff, % Civil Action No.: CL-2019-0002911 AMBER LAURA HEARD Defendant. DECLARATION OF AMBER LAURA HEARD.u 12 13, 14 15 16 7 18 19 20 an 2 23 24 26 27 28 DECLARATION OF AMBER LAURA HEARD 1, Amber Laura Heard, declare as follows: 1. Lam a party in the above-entitled action. Thave firsthand, personal knowledge of the facts set forth below and if called as a witness could competently testify thereto. 2. first met John C. Depp, Il (“Johnny”) in 2009, and we started dating around the end of 2011 or early 2012, For the first year of our relationship, Johnny was sober and our relationship blossomed. We were in love. 3. About a year into our relationship, I began to witness Johnny abusing drugs and alcoho! or would notice that he was drunk or high. He frequently went in and out of drug and alcohol dependency medical care, including 24-hour live-in medical aid for the last three years of our relationship. On some occasions, when Johnny simultaneously used both illegal narcotics and prescription medications I have had to get him medical attention. Whenever he was using, I worried for both of us. He would become a totally different person, often delusional and violent. We called that version of Johnny, “the Monster.” 4, Johnny often would not remember his delusional and violent conduct after he came out of his drunk or medicated states. Eventually, as his abuse continued, I began to document the injuries and destruction with photographs or videos so that I could show Johnny what he had done while in his altered state, Because I loved Johnny, I had believed his multiple promises that he could and would get better. I was wrong, Late 2012/Early 2013, Los Angeles, California: 5. The first time Johnny hit me was at the end of 2012 or in early 2013. We were in Los Angeles, California, talking about a tattoo, and I laughed at something Johnny had said. 1 thought he had made a joke. He responded by slapping me across the face. Each hit was harder than the one before. The third hit knocked me to the floor. I did not respond physically or verbally; | froze, whether out of fear or shock, and then I went home without saying a word. I thought about leaving Johnny then. armee wane wn 10 u 12 B 4 15 16 7 18 19 20 21 22 23 24 25 26 27 28 March 8, 2013, Los Angeles, California: 6. Johnny hit me again on March 8, 2013 in my Los Angeles home. This was just one | ‘unfortunate incident in a series around that time where Johnny would become volatile and violent ‘when under the influence of drugs and alcohol, then contrite and apologetic when he would sober ‘up. On this particular incident, Johnny was getting drunk and high alone, and was angry that I had ‘hung up a painting given to me by someone I had formerly dated. He tried to set fire to the paining the following morning, Johnny’s team and I asked my sister Whitney to come over to try to intervene with Johnny, which she did. At some point after she left, Johnny resumed his fight with me, and hit me so hard that blood from my lip ended up on the wall. Attached hereto as Exhibit 1 is a true and correct copy of a text message exchange Johnny and I had the following ‘Tuesday. On my phone, I had labeled Johnny as “Steve,” and on his phone, he labeled me “Slim,” in part to protect our privacy if anyone else came into possession of our phones. ‘May 24, 2014, Flight from Boston, Massachusetts to Los Angeles, California: 7. Onor about May 24, 2014, I met Johnny in Boston, and we both flew from Boston to Los Angeles on a private plane. Johnny appeared to have been drinking heavily and was holding a bottle of champagne when I met him in the moming. On the flight, Johnny ordered the flight attendants to give him an oxygen tank, and drank heavily. Johnny's handlers told me that he ‘was upset that I was filming a movie with a romantic scene with James Franco the day before. Soon, Johnny began to throw objects at me. Instead of reacting to his behavior, I simply moved seats. That didn’t stop him. He provocatively pushed a chair at me as I walked by, yelled at me, and taunted me by yelling out the name “James Franco.” At some point, I stood up, and Johnny ‘kicked me in the back, causing me to fall over. Johnny threw his boot at me while I was on the ground. Johnny continued to scream obscenities until he went into the plane bathroom and passed ‘out locked in the bathroom for the remainder of the flight, Attached hereto as Exhibit 2 is a true and correct copy of text messages exchanged between me and Johnny (labeled “Steve”) dated May 25, 2014. In them, Johnny admitted, “Once again, I find myself in a place of shame and regret. Of course, I am sorry. I really don’t know why or what happened. But I will never do it agai usr 2Soe vwauavn ll 12 3 4 13 16 17 18 19 20 21 22 2B 4 27 8. Johnny's assistant Stephen Deuters (Iabeled “Stephen” on my phone) also texted me on May 25, 2014 to pass along Johnny’s apologies for his behavior during the flight. Stephen | admitted that Johnny “was appalled. When I told him he kicked you, he cried.” Attached hereto as Exhibit 3 is a true and correct copy of the text message exchange between me and Deuters dated | May 25, 2014, in which Deuters confirmed my memory of what took place and relayed messages from Johnny to me. Specifically, Exhibit 3 was generated by a forensics expert who extracted these text messages from my phone in 2016 to disprove allegations that I had somehow doctored. or fabricated these messages. August 2014, Bahamas: 9. In August of 2014, Johnny and I took a trip to the Bahamas to try to help Johnny detox under the supervision of his full-time, live-in nurse, Debbie Lloyd. While we were in the Bahamas, Johnny had a number of manic episodes requiring medical attention that Debbie was unable to manage on her own, so we flew in Dr. David Kipper, Johnny's private doctor, to help manage his increasingly severe episodes. : 10. On August 17, 2014, while in the Bahamas, Johnny and I got into a fight during ‘which Johnny kicked and pushed me to the ground, slapped me with an open hand, and grabbed me by the hair. During his attack, Johnny kicked the door so hard that it splintered Attached hereto as Exhibit 4 are true and correct copies of photographs of the broken door. 11. contacted Dr. Kipper and his assistant Debbie Lloyd for help with Johnny and ‘managing his complex drug regimen. ‘They both arrived on the night of August 17, 2014, and observed my injuries. We all continued to monitor Johnny for several days thereafter. Attached hereto as Exhibit 5 are true and correct copies of text messages I exchanged with Dr. David and his assistant Debbie Lloyd during that time frame. December 17, 2014, Los Angeles, California: ipper 12. On December 17, 2014, after Johnny had a particularly violent episode, he apologized for his behavior, calling himself a “fucking savage.” Attached hereto as Exhibit 6 are true and correct copies of screenshots of that text message exchange (again, Johnny is “Steve”). iam 3ee radeon 10 u 12 1B 4 15 16 7 18 19 20 ai 22 23 24 25 26 27 28 January 25, 2015, Tokyo, Japan: 13, Onor around January 25, 2015, Johnny and I were in a hotel room in Tokyo, Japan. Johinny shoved me, slapped me, and grabbed me by my hair, When T tried to stand up, Johnny muscled me back to the floor. He stood over me and yelled as I cried on the floor. March 2015, Australia: 14, ‘On March 3, 2015, I arrived in Australia to meet Johnny after I had been filming a movie. It was the first time I had seen Johny in about a month, and I noticed that Johnny had lost a lot of weight and was behaving erratically. At some point in the next few days, 1 watched Johnny pull out what I later found out was a bag of MDMA (ecstasy); even though Johnny was supposed to be clean at that time, Johnny told me that I had not explicitly forbidden him from taking ecstasy. ‘The argument heated up, and Johnny pushed me, slapped me, and shoved me to the ground before I retreated to a locked bedroom and went to sleep, as I was jet-lagged from the travel. 15, When I woke up the next moming, I went downstairs to find that Johnny was still awake, and that he had stayed up all night, having taken about eight MDMA pills. He was also drinking again. We got into a fight that Johnny made physical, and I barricaded myself in one of the rooms. ‘That didn’t stop Johnny from busting through the door of the room I was in. By nightfall, Johnny had hit me multiple times, shoved and pushed me to the ground, choked me, and spit in my face. Johnny then handed me a liquor bottle that he was drinking from, and asked me, “What are you going to do?” I threw the bottle on the floor. Johnny responded by starting to throw cans and unopened glass bottles at me, I wanted Johnny to go to sleep, in hopes that he would sober up. Instead, he began to fight with me about our upcoming marriage. I observed as Johnny then called multiple lawyers and representatives, including Tracey Jacobs, then his agent at the United Talent Agency. 16. That night, Johnny shoved me into a ping pong table that collapsed underneath me. Johnny threw bottles through the window panels of a glass door, breaking two panes, and leaving glass everywhere, Johnny then grabbed me, gripping my body and nightgown. He tore the nightgown off, and at some point, I was naked and barefoot, covered in alcohol and glass. Johnny vem 4ul 12 13 4 15 16 7 18 19 20 au 22 23 25 26 27 28 grabbed me by my hair and choked me against the refrigerator in the kitchen. I tried to stand myself up but I was sliding around the glass-strewn floor and countertop. Johnny threw me away from him, and I tried to run away as Johnny continued to throw objects and alcohol at me. In one of the most horrific and scariest moments of this three-day ordeal, Johnny grabbed me by the neck and collarbone and slammed me against the countertop. I struggled to stand up as he strangled ‘me; but my arms and feet kept slipping and sliding on to the spilled alcohol and were dragged against the broken glass on the countertop and floor, which repeatedly slashed my feet and arms. Scared for my life, I told Johnny, “You are hurting me and cutting me.” Johnny ignored me, continuing to hit me with the back of one closed hand, and slamming a hard plastic phone against «wall with his other until it was smashed into smithereens. While he was smashing the phone, Johnny severely injured his finger, cutting off the tip of it. I did not throw a vodka bottle—or any other kind of bottle—at Johnny, nor did I cause that injury to Johnny's finger. Once I was able to get away, I barricaded myself in an upstairs bedroom, and tried to go to sleep. 17, On the third day of Johnny staying awake without sleeping, I came downstairs to find numerous messages Johnny had written to me around the house, on the walls and on my clothes, written in a combination of oil paint and the blood from his broken and severed finger. Johnny also urinated all over the house in an attempt to write messages. I was only able to capture a few pictures of these messages because I had barricaded myself in my bedroom, even though they had been spread all over the house. Attached hereto as Exhibit 7 are true and correct pictures of messages Johnny had smeared in his blood and paint in the bathroom adjoining the bedroom I had barricaded myself in. 18. By the time I got the security guards to come upstairs, it had been almost 24 hours now since Johnny had cut off part of his finger. His team was worried about the blood he had lost, and so he was rushed to hospital. Afterwards, I flew back to Los Angeles, and Johnny returned to his separate house in West Hollywood. I had a busted lip, a swollen nose, and cuts all over my body, which friends, family, medical professionals, and co-workers all witnessed. ‘To this day, 1 still have scars on my arms and feet from this incident. Attached hereto as Exhibit 8 is a truc and correct copy of a picture of scars that are still on my left arm from this incident. unm 5wa wow eo es oO 10 ul 12 1B 4 15 16 7 18 19 20 2 2 4 25 26 27 28 March 2015, Los Angeles, California: 19, Later in March, 2015, Johnny and I were in Los Angeles, California. Johnny's hand was still in a cast following the incident in Australia. After becoming enraged, he began to destroy personal property all over the house, including my belongings in my closet. My sister Whitney was there, so when Johnny lunged to hit me, Whitney placed herself between us. Johnny turned his attention to Whitney, who was standing on the top of a flight of stairs, and moved on her. Acting in defense of my sister, as I was scared for her physical safety, I punched Johnny in. the face to draw his attention away from her. That was the only time I ever hit Johnny. At that point, house security intervened and separated us. Attached hereto as Exhibit 9 are true and correct copies of a text message exchange Whitney had with Kevin Murphy (the house manager) following that incident. Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the transcript of my deposition dated August 13, 2016, in which I previously testified under oath about that incident. Attached hereto as Exhibit 11 is a true and correct copy of a video excerpt of that deposition testimony. 20. After he attacked me and my sister in March of 2015, Johnny seemed to get clean and quit using everything other than his prescription medications. For some months, things were peaceful. Then, in July of 2015, Johnny started to drink wine and smoke marijuana again. August 2015, Thailand and Malaysia: 21. In August of 2015, Johnny and I traveled to Southeast Asia, While on the Eastern Oriental train, Johnny picked a fight with me, and started hitting and pushing me against a wall by grasping my throat and holding me there. I remember being afraid that Johnny might not know when to stop, and that he might kill me. November 26, 2015, Los Angeles, California: 22. On November 26, 2015, which was Thanksgiving, Johnny and I were in Los ‘Angeles, and got into another physical fight. Johnny ripped my shirt, and threw me around the room. He threw a wine glass and a heavy glass decanter at me, which luckily missed, At one point, Johnny pushed me, and I fell over the back of a lounge chair and hit my head against a brickSeer aueeun u 12 13 4 15 16 Ww 18 19 20 21 23 24 25 26 27 28 wall. I later learned that I had gotten a sizeable lump on the back of my head, and that my lip had busted open. December 15, 2015, Los Angeles, Califor 23. On the night of December 15, 2015, I had plans to meet with my friends Raquel “Rocky” Pennington and Melanie at Johnny’s and my penthouse in Los Angeles. Before they arrived, Johnny picked another fight with me, He threw another decanter at me, knocked items around the room, and punched the wall. He slapped me hard, grabbed me by my hair, and dragged me from a stairwell to the office to the living room to the kitchen to the bedroom and then to the guest room. In the process, he pulled large chunks of hair and scalp out of my head. 24, Hoping to avoid the violence, I tried to calm Johnny down, and then went upstairs to try to remove myself from the situation, Johnny followed me, hit me in the back of my head, grabbed me by my hair again, got in front of me on the steps, and then dragged me by my hair up the last few steps. At the top of stairs, Johnny shoved me twice, which made me fear I would fall. I told Johnny that he had broken my wrist in an attempt to get him to stop. 25. Johnny kept hitting me, and each time he knocked me down, I chose to react by simply standing up and looking him in the eye. Johnny responded by yelling, “Oh, you think ‘you'ré a fucking tough guy?” He reeled back and head-butted me in my face, bashing my nose, which immediately began.bleeding, sending searing pain through my face. I instantly started tearing up, and I thought that I would have to go to the hospital. I told Johnny I wanted to leave him, and that I would call the police if he ever touched me again. When I began to walk away toward the guest apartment, he responded by pushing me, then grabbed me and pulled me from ‘one room to the next, gripping me by my hair. 26. By the time Johnny had dragged me into the upstairs office, I told Johnny that I was leaving him, since I could not put up with his behavior any longer. Johnny reacted by grabbing me by my throat, pushing me down to the ground, and punching me in the back of my head. He grabbed me by my hair, slapping me in the face, and screaming at me something like, “I fucking will kill you ~I°ll fucking Kill you, you hear me?” There were chunks of my hair everywhere and indentations in the carpet where I was dragged. ram a27. At some point, the fight continued onto a bed. Johnny got on top of me with his knee on my back and the other foot on the bedframe, while repeatedly punching me in my head, 3 [and he screamed—as loudly as I’ve ever heard him scream—“I fucking hate you” over and over again. The bedframe splintered under the weight of the pressure of his boot. Johnny hit me with his closed fists, and I remember being unable to hear myself screaming because he had pushed my face into the mattress, I sereamed as loudly as I could, hoping Johnny would realize he was severely hurting me. For a while, I could not scream or breathe. I worried that Johnny was in a blacked-out state and unaware of the damage he was doing, and that he could actually kill me. To this day, I do not know how the fight ended, Attached hereto as Exhibit 12 are true and correct copies of photographs of the hair he pulled out of my head and the bedirame he splintered during the course of this violent episode. 28, The first thing I remember after the fight was Rocky coming into my room, and screaming “Oh my god! Oh my god! Oh my god!” as she saw me. Together with Melanie, who hhad also arrived, we called Erin Boeurum, a nurse, who instructed us on how to conduct a ‘concussion check over the phone. I had severe headaches and other pain for at least a week afterward. 29. later learned, that when Rocky and Melanie arrived, broken glass and chunks of hair were strewn across the downstairs of the penthouse, True and correct copies of pictures of my injuries from that occasion are attached hereto as Exhibit 13. 30. Tolinny also had written a message on the countertop in our kitchen in gold sharpie that said, “Why be a fraud? All is such bullshit.” A true and correet copy of a picture of that ‘message is attached hereto as Exhibit 14. 31. ‘That night, [texted my publicist Jodi Gottlieb (who lives in Los Angeles) to let her ‘know that I had been badly injured, and that I might not be able to make an appearance on the Late Show that was scheduled for the following day depending on the extent of my bruising. I told her, “Lhad an accident tonight Jodi. I’m really bruised and might have a black eye or two tmrw —same /with my nose. .. . But won't know how bad the bruising is until the morning.” I told Jodi that 1 had had an accident because, like many who experience abuse, I was afraid of exposing this aspect srr &u 12 13 14 15 16 7 18 19 20 2 24 25 26 27 28 of my relationship with Johnny to her or the world. A true and correct copy of the text message I sent Jodi is attached hereto as Exhibit 15 (my message in white, Jodi’s in blue). I asked Melanie and Rocky to help cover up the bruises, bleeding, and swelling so I could make it to the Late Show appearance without exposing Johnny. 32. A day or two later, I went to Dr. Kipper’s office to get a concussion check follow- up examination. Lisa Beane, the nurse who saw me followed me out to the parking lot, and told 1me that she recognized that J “Was in trouble,” and advised me to call her if I was attacked again. 33. Attached hereto as Exhibit 16 are text messages I exchanged with Rocky a few days later, on December 20 and 21, 2015, in which we discussed the attack from the night of December 15, 2015 (my messages are in white, hers are in blue). April 21, 2016, Los Angeles, California: 34. On April 21, 2016, I was hosting my own 30" birthday party at our penthouse. Johnny arrived to the party late and inebriated, and, after our guests had left, we started to fight. During the course of that fight, Johnny threw a magnum-sized bottle of champagne against the ‘wall, and shattered a glass against the floor. Johnny grabbed me by the shoulders, pushed me onto the bed, and blocked the bedroom door when I tried to leave. He grabbed me by my hair, and violently shoved me to the floor. I later applied for a domestic violence restraining order, and cited that incident as part of the reason I was afraid of Johnny. His lawyers later deposed me and asked about that incident. Attached hereto as Exhibits 17, 18, and 19 are true and correct copies of excerpts of the transcript of my deposition dated August 13, 2016, in which I previously testified under oath about that incident. Attached hereto as Exhibits 20, 21, and 22 are true and correct copies of the video excerpts of that deposition testimony. 38. Johnny and I did not speak for 2 month after my birthday. Nonetheless, during that month, I found myself unable to sleep through the night because I was afraid that Johnny would come home and instigate a fight. [ even inquired about the possibility of having my locks changed because Johnny and his team had keys to the house, and I never knew when—or in what state—he ‘would come home.Seer auween 12 13, 14 15 16 7 18 19 20 au 23 25 26 a7 28 May 21, 2016, Los Angeles, California: 36. On May 21, 2016, Johnny and I met at our home in Downtown Los Angeles to discuss our relationship. His behavior was erratic, and as I felt increasingly unsafe, I texted Josh and Rocky—who lived next door—to have them come over. I also called our mutual friend iO Tillet Wright to mollify Johnny. Johnny started to scream at iO over the phone, left to go upstairs, then came back downstairs and grabbed my phone, threatening iO and calling him names. At some point, iO yelled at me to “get out of the house.” When Johnny heard that, he wound up like a baseball pitcher and threw the phone in my face, as hard as he could. I yelled, “You hit my face,” and started to cry. I had been sitting on the couch, cross-legged, and Johnny grabbed my hair and started to slap, shake and yank me around the room while I continued to scream. I was questioned about this topic during my August 13, 2016 deposition. Attached hereto as Exhibits 23 and 24 are true and correct copies of excerpts of the transcript of my deposition dated August 13, 2016, in which I previously testified under oath about that incident. Attached hereto as Exhibits 25 and 26 are true and correct copies of the video excerpts of that deposition testimony. 37. Rocky had a key to our penthouse, and let herself in. When she entered, Johnny noticed, tumed, and let go of me, allowing me to retreat to the comer sofa. Both Johnny and Rocky ran toward me at the same time. Rocky threw herself in between Johnny and me, and raised her arms. Johnny ran into Rocky, and pushed her arms down. She calmly planted herself and said, “Stop, Johnny.” Johnny grabbed Rocky’s arms again and threw them to her sides. I collapsed onto the couch, with Johnny standing over me. Johnny repeatedly screamed at me, “Get the fuck up, Amber.” I did not move, and Johnny got closer , screamirig “Get the fuck up, Amber” about 10 times. At some point, Rocky got between us, and placed her arms over me protectively. 38. The door opened and someone yelled, “Boss! Boss!” Jerry Judge and Sean Bett, Jobnny’s private security guards, came in. Johnny stood up and then I stood up. I ran to the comer of the room and said, “Jerry, he hit me, if he hits me one more time I'm calling the police! 1 will call the police!” At the time, I did not realize that iO had been on speakerphone since Johnny hhad thrown my phone at my face. I later learned that, at some point, iO had hung up and called 91L.Sow sa au een WL 12 13 4 1s 16 7 18 19 20 2 23 24 26 27 28 39. Johnny smashed various objects around the house with a wine bottle as he left. Josh—Rocky’s fianeé—entered and told Rocky and me to stay in PH 1 (the neighboring Penthouse Josh and Rocky lived in). Josh met Johnny in the hallway, where they squared off. Johnny did not touch Josh. Instead, Johnny smashed more items in the hallway, spilled wine ‘everywhere, and kicked a hole ina solid door. Johnny then demanded to be let into PH 5, my apartment where all of my belongings were at the time. Either Jerry or Sean opened the door, despite my repeated requests not to let Johnny in due to his longstanding history of destroying my possessions when he would get angry. After entering, Johnny destroyed everything he could and chased Liz Marz out of the penthouse carrying a wine bottle. He also destroyed all of Rocky’s beads (which she used in her work) that were supposed to be used in her show the next day. Johnny’s security guards stood by the entire time. Attached hereto as Exhibit 27 is a true and correct copy of an excerpt of the transcript of my deposition dated August 13, 2016, in which I previously testified under oath about Sean and Jerry's inaction. Attached hereto as Exhibit 28 is a true and correct copy of the video excerpt of that deposition testimony. Attached hereto as Exhibit }29 are true and correct copies of photographs of the aftermath of Johnny's destruction that night. 40. Atsome point during Johnny’s destruction, while I was hiding in PH 1, I called my ‘attorney, Samantha Spector, with whom I had been consulting about my situation with Johnny, to ‘ask for her advice, I was afraid to give the police a statement that would create an intemational media incident for either Johnny or me, and my instinct was still to protect Johnny and our privacy. When the police officers arrived, I told them “I decline to give any statement at this time as per the advice of my counsel.” The officers repeatedly requested that I cooperate by providing a statement so that they could take action, but I declined. They did, however, conduct a search of the apartments, which they insisted was necessary in order to ensure my safety. Attached hereto as Exhibit 30 is a true and correct copy of an excerpt of the transcript of my deposition dated August 13, 2016, in which I previously testified under oath about that interaction. Attached hereto as Exhibits 31 is a true and correct copy of the video excerpt of that deposition testimony. 41. During this time, I also texted Melanie. Attached hereto as Exhibit 32 is a true and correct copy of the text exchange between us that night (my messages in white, hers in blue).. sim ole42. Attached hereto as Exhibit 33 are true and correct copies of photographs of the injuries I sustained on May 21,2016, which were taken between May 21 and May 28, 2016, May 27, 2016, Los Angeles, California: 43. After the May 21, 2016 attack, I resolved to leave Johnny for good. I filed a request for a domestic violence restraining order in Los Angeles Superior Court, Attached hereto as Exhibit 34 are true and correct copies of the Application for Domestic Violence Restraining ‘Order, the Declaration of Amber Laura Depp, the Declaration of Raquel Rose Pennington and the exhibits thereto, and the Declaration of Samantha F. Spector, Esq. Re Ex Parte Notice and In Support Of Petitioner Amber Laura Depp’s DVRO Request, all of which were filed on May 27, 2016. 44, On May 27, 2016, | appeared in Court for a hearing on my request for a domestic violence restraining order. At that time, I was stil bruised following Johnny's violent attack six days prior. The Court granted the domestic violence restraining order against Johnny. Attached hereto as Exhibit 35 is a true and correct copy of the Court’s Notice of Hearing and Temporary Restraining Order filed on May 27, 2016. June 2016, Los Angeles, California: 45. In June of 2016, the media began reporting that there were individuals who claimed to have witnessed me between May 21, 2016 and May 26, 2016, and claimed that I did not appear to have been injured. Others claimed that my injuries were faked based on photographs I had taken, in which my bruises had been deliberately covered using my hair. Of course, as I already ‘mentioned, other photographs that were taken of me during that time period show my injuries. Likewise, multiple people I saw at personal and private events noticed my injuries and inquired whether they could help, but also told me they could not comment publicly because they had reason to fear that they would lose their job or livelihood if they cooperated with me, 46. As part of Johnny’s defense in my divorce lawsuit, his lawyers claimed that I was arrested for a domestic physical altercation with my former wife, Tasya van Ree. That account was deliberately misleading, since the police released me with no charges ever being brought. Ms. van Ree has publicly contradicted the media reports generated by Johnny's team, and said, “In worm -12 q |2009, Amber was wrongfully accused for an incident that was misinterpreted and over- sensationalized by two individuals in a power position. I recount hints of misogynistic attitudes toward us which later appeared to be homophobic when they found out we were domestic partners 4 || and not just “friends.” Charges were quickly dropped and she was released moments later. It’s ao 10 MW 12 13 4 15 16 7 18 19 20 2 22 24 25 26 27 28 disheartening that Amber's integrity and story are being questioned yet again. Amber is a brilliant, hhonest and beautiful woman and I have the utmost respect for her. We shared $ wonderful years together and remain close to this day.” A true and correct copy of a June 8, 2016 article that appeared on E! Online recounting Ms. van Ree’s statement is attached hereto as Exhibit 36. 47. On June 6, 2016, iO Tillet Wright—who was on the phone with Johnny and me during the May 21, 2016 fight and called 91 1—reacted to one of these media accounts on Twitter. i0’s Twitter handle is “iOlovesyou.” Attached hereto as Exhibit 37 are true and correct copies of the five tweets iO posted on June 6, 2016. 48. On June 13, 2016, iO filed a declaration with an accompanying exhibit. Attached hereto as Exhibit 38 is a true and correct copy of the Declaration of iO Tillet Wright and the exhibit thereto. | January 13, 2017, Los Angeles, California: 49. After I obtained the restraining order against Johnny, we proceeded to dissolve our marriage. A true and correct copy of the Stipulated Judgment of Dissolution of Marriage, entered on January 13, 2017, is attached hereto as Exhibit 39, December 2018, Los Angeles, California: 50. Following my highly-publicized separation from Johnny, I read accounts in the media referring to me as a victim of domestic violence. In response, many people called me a liar (without ever hearing my story), I was dropped from a global fashion brand’s upcoming ‘campaign. [lost a part for a movie in which I had already been cast. People I have never met or spoken to threatened me with violence. I received so many death threats I had to change my phone number on a near-weekly basis. tesmts -13-wera son 10 Ww 12 B 4 15 16 17 18 19 20 21 22 23 24 R 27 28 51. People accused me of having abused Johnny. That simply is not true. I never attacked Johnny other than in self-defense (and in defense of my little sister). [have never physically abused anyone. I know what that does to people. 52, Instead, I have attempted to promote good in the world and to advocate an end to domestic violence. I have sought to use my public persona to speak out on an issue that was extremely meaningful to me and millions of other women and men every year. I have spoken out about violence in public, but I have always avoided specifically referencing Johnny, or recounting. his violence against me, not only because I wanted to move past that phase of my life but also because I was constrained by the terms of a strict confidentiality agreement that Johnny had insisted upon as part of our divorce settlement. “53, In early December 2018, while working with the American Civil Liberties Union as the ACLU Ambassador for Women’s Rights, I learned of an opportunity to write an Op-Ed about ‘women’s rights issues. [ agreed to do so. 54. wrote the Op-Ed in Los Angeles, California, and submitted it to the Washington Post through my contact at the ACLU, who was based in New York. The Op-Ed was published ‘on December 18, 2018. 55. Ido not believe I ever even spoke to an editor for the Washington Post, nor did I ever travel to Washington, D.C. or Virginia in connection with the Op-Ed. I never knowingly contacted any employee of the Washington Post who worked from the Washington Post’s Virginia office, Nor did I discuss with any Washington Post employee whether or not the Op-Ed would be published in any particular metro edition of the newspaper. 56, To the best of my knowledge, I have never traveled to Virginia in my life. Executed this1p_day of April 2019, at Los Angeles, California. 1 declare under penalty of perjury under the laws of the State of Virginia that the foregoing is true and correct. ‘Amber Laura HeardEXHIBIT 1Mar 12, 2013, 2:37 PM Just thought you should know that there exists a book titled, “Disco Bloodbath". That's all... ‘We need that book! ” Is-it about last Friday * hight, by any chance? Delivered How can you make me ‘smile about such a hideous moment??? Yes, it is... Funny bitch. | fucking love you, you cunt! Heard - MTD Exhibis -2EXHIBIT 2No Service: 3:22PM - < Messages (101) Steve Details May 25, 2014, 10:42 AM Once again, | find myself in a place of shame and regret. Of course, | am sorry. | really don't know why, or what happened. But | will never do it again. | want to get better for you. And for me. [ must. My iliness somehow crept up and grabbed me. I can't do it again. | can't live like that again. And | know you can't either. I must get better. And! will. For us both. Starting today. Hove you. Again, | am so sorry. So sorry.. | love you and feel so bad for letting you down... Yours May 25, 2014, 12:50 P24 | see that understanding and forgiveness ain't on the menu... I'm disappointed to see that, but, not too surprised, | suppose... Send Hoard - MTD Exhibits - 4No Service 3:37 PM - < Messages (101) Steve Details ig! Peer eee SURI toe Tem COM eel NR og eR Lean ae ia eR Raat Dene ee seo cnad Peseta Raa Vag Ser Don't worry baby. | won't doa CK tae co enor age ean aeons PUR eta eR eee emsitg PCa uM ROR Clg Eade dsm Tee can tg Sneha aaah Pern or ama a oe ER CrCl eee ich ot uo ee Ranh es to say. Senne ar eur et all thi ae Heard -MTD ExitsNo Service (3:38 PM > < Messages (101) Steve Details Because you want itt! You've led them ont! U didn't let go of it very easily!t! pete hare sagem) Dee tao cud didn't do it! Because | wanted to Peace esis POSER te sarang Mauna Rd ve a eat Catt) POR eert hy Pees) Panag kee) paycheck I need, Tht my parents coe cos eS Dee Muni eee eu Rca ccsimc eee au es Sa casera POM re Rega Mitte Re) Gees eae A Ree Recta E! Head -MTD Exhibits -6No Service 3:38 PM - < Messages (101) Steve Details eae Ril a Et fee eee ites liad because of you. And your Bo eS le Rell meron oles 1 RRC Balt tc os esd 3 Perens cua aa clay DAN Neches thing for me? ‘Were you hoping for my opinion on the James Franco piece??? I'd rather you didn't stoop to that level, but... you've already told me How much you like the material and that it's not a money gi |. SO... It's "art’... I'm. not gonna tackle that greased up piggy... No m'am... You have to do that film!!! You really want it, obviously... I'm going to sleep. Goodnight... Hope tomorrow holds better... Wow... You're a funny one... Message Send Heard - MTD Exhits-7EXHIBIT 3Stephen Dusters ‘Stephen Dusters Stephen Dueters Stephen Dueters ‘Stephen Dusters Amber H Stephen Dueters Stephen Dueters, ‘Amber H Stephen Dueters ‘Amber H ‘Stephen Dusters ‘Stephen Dueters, Stephen Dueters ‘Amber H ‘Amber H ‘Stephen Dueters ‘Amber H {ooes7764;3) He's up. In the bathroom. Moving slowly. Willlet you 5/26/2014 4:13:19 AM(UTC+0) know when en route and how he is in the car. He's in some pain, as you might guess 15/25/2014 4:13:50 AM(UTC+0) He's been sick. We're gonna get him straight to bed 5/25/2014 4:22:24 AM(UTC+0) We're on our way to 80. 5125/2014 4:22:24 AM(UTC+0) Hey. He's sound asleep. We're here looking out for §/25/2014 7:38:40 AM(UTC+0) him. ‘Thanks, Please let me know when you speak to him. Or 8/25/2014 12:16:43 PM(UTC+0) if there's any major change - or if anything goes wrong Hey, He's up. He's much better. Clearer, He doesn't 5/25/2014 9:46:04 PM(UTC+0) remember much, but we took him thru all that happened, He's sorry. Very sorry. And just wants to get better. Wich allows us to make him follow up on that promise. He's teary. He doesn't want to be a fuck-up anymore - 5/25/2014 4:06:24 PM(UTC+0) his words. He's got bad indigestion this morning but ‘otherwise alight. He's gone back to sleep for a bit. ‘Spoken to C. We're going to set him up with Dr Kipper ‘on weds hopefully. He won't be skipping it this time. If he was, he'd tell me himself | reckon 5/25/2014 4:42:03 PM(UTC+0) ‘Will that dr be in Boston? Have you told him about chartie?? ‘That Doc will fy to Boston. He's a much bigger deal _$/25/2014 4:44:48 PM(UTC+0) than Chartie.'m not worried about bringing Charlie up - "ido that later when he's awake again Ok. INe not heard from him. Which | expected. 5/25/2014 5:23:58 PM(UTC+0) | stil want to fly back to NYC today on the red eye though. | can't keep doing this. His phone is fucking up. tm restarting it. You will hear 5/25/2014 6:25:20 PM(UTC+0) from him, im sure. There feels like a Sea change in him this morning. He just spoke about how bad he feels and he wasn't talking physically ‘Think he's just texted you. He's incredibly apologetic 5/25/2014 5:59:28 PM(UTC+0) and knows that he has done wrong. He wants to get better now. He's been very explicit about that this morning, Feel ike we'e at a critical juncture. {5/25/2014 6:00:25 PM(UTC+0) Yes but | don't know how fo be around him after what he 5/25/2014 6:13:56 PM(UTC+0) did to me yesterday. | don’t know if | can stay with hirn 5/25/2014 6:14:19 PM(UTC+0) Ineed time He wants to see you so much. He's distraught. 15/25/2014 8:30:58 PM(UTC#0) Don't worry about the fights, Ill be taking car ofthem 5/26/2014 8:33:14 PM(UTC+0) myself. Thank you. Heard -MTD Exhibits -9