The Lawsuits Thread

[ForeverYoung]

New oppositions filed by Johnny's team on 11/1

https://www.fairfaxcounty.gov/circuit/s ... 1-2019.pdf

https://www.fairfaxcounty.gov/circuit/s ... 1-2019.pdf

https://www.fairfaxcounty.gov/circuit/s ... 1-2019.pdf

https://www.fairfaxcounty.gov/circuit/s ... 1-2019.pdf

[Lbock]

Definitely a roller coaster of feelings on this filings and articles the last few days. I'm sad the judge ordered him to turn over all medical and mental records based on her unproven allegations that he was "high, drunk, paranoid, etc". She withdrew her claim and the judge dismissed it with prejudice. It thought that meant she couldn't raise these issues again in court. They are using her original TRO filing mostly but she reiterated this in her answers.

I am praying the Mental records show he talked about her abuse.

TMG tried to get JD examined by a therapist and the judge threw that out. AH tried to get a judge to force him into anger management and the judge denied that too. I think typically, the Defendant submits three doctors and then Plaintiff gets to choose. IF the judge agrees to this. Not sure how his current state can be measured to 3+ years ago. Also, are the trying to say his memory is so bad even now he can't be relied on for this lawsuit and go for another dismissal avenue. (Summary Judgement)

[meeps]

It sounds to me like it has already been decided what the doctor should find, and that he will throw away anything not fitting into that ... Is he really independent if one side has hired him instead of him being court appointed?

No, it has not been decided, imo. There is nothing in her papers that says his counsel consented to this judge or the date. I am not even sure if it was legal for them to discuss this case with the doctor. Besides, the court has not even ruled for him to do any exam anyway.

OK, I didn't express that correctly
I meant, that if Amber got her way, then she had already decided what the shrink should find. That the psychiatrist wouldn't be impartial, because he would already having been told, what her side want the diagnosis to be.
But you're quite right, of course. The judge hasn't decided anything so this examination might never happen

[Lbock]

I think IF approved, whichever doc will get inside info. They will be instructed what the case is about and what to try to find out. Don't forget, JD also had a Forensic Psychologist as a witness for Rocky. Since Rocky claimed mental health injury, I'm guessing he also had to talk to one of JD docs???? But Johnny isn't claiming mental health injury

[justintime]

I am not even sure if it was legal for them to discuss this case with the doctor. Besides, the court has not even ruled for him to do any exam anyway.

Two very good points, ForeverYoung.

Kaplan included the specific doctor recommendation in the Motion for an Independent Mental Examination of Plaintiff, even has a date and time set up for this Dr. David R. Spiegel, detailed schedule, and very specific objectives. It would be naive to think she didn’t discuss this case with him in order to get the date/time commitment.

Seems this has been in the works for awhile. I can’t imagine her getting away without even a reprimand for overstepping her reach in something so sensitive. If Defense is so concerned about the dwindling time frame - they’ve been frittering it away like sawdust since Kaplan came on the scene - why don’t they get some depositions taken and admissible evidence submitted?

The link below is to the Motion referenced above.



FYI: The now infamous “her” RULE 4:10.. NOTICE this is referring to the ORDER, NOT THE MOTION

Last amended by Order dated March 1, 2011; effective May 2, 2011.
RULES OF SUPREME COURT OF VIRGINIA
PART FOUR
PRETRIAL PROCEDURES, DEPOSITIONS AND PRODUCTION AT TRIAL.

Rule 4:10. Physical and Mental Examination of Persons.

(a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending, upon motion of an adverse party, may order the party to submit to a physical or mental examination by one or more health care providers, as defined in § 8.01-581.1, employed by the moving party or to produce for examination the person in the party's custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties, shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made, and shall fix the time for filing the report and furnishing the copies.

(b) Out-of-State Examiners. Examiners named in such an order shall be licensed to practice in, and shall be residents of or have an office in, this Commonwealth. However, notwithstanding the reference to licensure by this Commonwealth in the definition of health care providers in § 8.01-581.1, the court may, in the exercise of its sound discretion and upon determining that the ends of justice will be served, order an examination by one who is not licensed to practice in, is not a resident of, and does not have an office in, this Commonwealth but who is duly licensed in his or her jurisdiction.

(c) Report of Examiner.
(1) A written report of the examination shall be made by the examiner to the court and filed with the clerk thereof before the trial and a copy furnished to each party. The report shall be detailed, setting out the findings of the examiner, including results of all tests made, diagnosis and conclusions, together with like reports of all earlier examinations of the same condition. In an Electronically Filed Case, the report of examination shall be filed in electronic or digital image form as provided in Rule 1:17.

(2) The written report of the examination so filed with the clerk may be read into evidence if offered by the party who submitted to the examination. A party examined who takes the deposition of any examiner who shall have conducted an examination ordered pursuant to this Rule, waives any privilege that might have been asserted in that action or in any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.

(3) This subdivision applies to examination made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of a health care examiner or the taking of a deposition of such examiner in accordance with the provisions of any other Rule.

[ForeverYoung]

Johnny's team is going to oppose the motion for the exam. Her team is doing everything to avoid filing a real Answer to the Complaint and doing her deposition.

[Ruby Begonia]

As I recall, attempts to label JD as mentally incompetent and crazy have been "in the works" going all the way back to the divorce, TMG and Bloom Hergott cases.

And the gossip blinds (not evidence, of course) that the Sea Witch was not only encouraging him to fall off the sobriety train and eventually driving him to further excess in an attempt to deal nonviolently with her allegedly abusive behavior; but she was also scheming to take over his life entirely by petitioning for his power of attorney once she'd driven him over the edge or the worst happened. Thankfully, Johnny had enough and decided to act in time.

[ForeverYoung]

So Amber threw objects and punches at Johnny, told him his was washed up, fat, nobody is going to hire him anymore and that he would die a lonely old man and now she is demanding a test for mental issues? What is wrong with this psycho?

[myfave]

I’m not sure I’m understanding. Is there possibility that Johnny has documented mental issues and they are subpoenaing records to prove it?

[tocnavforjd]

It is common in cases like this, for the guilty side to throw anything they can out there to sway opinion in the chance that something will stick. Abusers will do anything they can to make the innocent appear to have flaws so that they can benefit when given the benefit of doubt. Facts matter in courts. They are slandering Johnny because that is all they apparently have.

[nebraska]

This may be a blackmail attempt to get Johnny to drop the suit, just like showing the judge that photograph was. But it is absolutely appalling.

[justintime]

As I recall, attempts to label JD as mentally incompetent and crazy have been "in the works" going all the way back to the divorce, TMG and Bloom Hergott cases.

Haven’t forgotten for a second. Nor have I forgotten Mandel promising he would “destroy” Johnny.

So Amber threw objects and punches at Johnny, told him his was washed up, fat, nobody is going to hire him anymore and that he would die a lonely old man and now she is demanding a test for mental issues? What is wrong with this psycho?

Might want to add: Thinks sh_____g in someone’s bed is a “prank”; is responsible for an injury that nearly cost him the ability to do what he loves most in this world (play guitar), not to mention nearly cost him his life (as he battled MRSA infections 3 times during recovery); and made every effort possible to turn that tirade of threats and insults into a horrific career-ending, reputation-shredding reality.

Honestly, whose relentless bullying actions and harassing behavior can justifiably be said to call their sanity into question? At the very least, AH’s medical records and arrest history (from NY, TX, and CA) should be demanded by the Plaintiff. The fact is, Johnny and his attorneys have yet to experience any semblance of justice in this case, despite the fact they are the only ones to have demonstrated respect for the Court’s procedures and protocol, and remain the only ones to have submitted any relevant, admissible evidence.

[Chocolat]

What a horrible, horrible woman.
Looking forward to some good news from Adam Waldman and Hon. Judge White.

[meeps]

Considering that Amber has a habit of leaking more or less true things to the tabloids I would worry that such a report would be leaked. And she wouldn't be too careful about telling the truth either ...

[ForeverYoung]

Johnny can leak things to the tabloids too about her and others connected to her that are more famous like Franco and/or Musk.