Electronically FILED by Superior Court of California, County of Los Angeles on 10/19/2020 03:35 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk

1 Craig J. Mariam, State Bar #225280

cmariam@grsm.com
2 John P. Cogger, State Bar #172808
jcogger@grsm.com
3 Kristin A. Blocher, State Bar #283730
kblocher@grsm.com
4 GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd Floor
5 Los Angeles, CA 90071
Telephone: (213) 576-5000
6 Facsimile: (877) 306-0043

7 Attorneys for Petitioner Amber Laura Heard

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 FOR THE COUNTY OF LOS ANGELES

11 AMBER LAURA HEARD, CASE NO. 19STCP04763

12 Petitioner, ASSIGNED FOR ALL PURPOSES TO
HON. STEPHANIE M. BOWICK
13 vs. DEPT. 19
THE MANDEL COMPANY, INC., d/b/a
14 STATUS REPORT OF PETITIONER
THE MANAGEMENT GROUP, a California
Corporation, AMBER LAURA HEARD
15
Respondent.
16

17
JOHN C. DEPP, II,
DATE: October 20, 2020
18 Plaintiff and Petitioner, TIME: 10:00 a.m.
DEPT: 19
19 vs.
AMBER LAURA HEARD, Fairfax County Circuit Court, Virginia
20 Case No.: CL-2019-0002911
Defendant and Respondent.
21 Hon. Bruce D. White Presiding
22 1. INTRODUCTION
23 Petitioner Amber Laura Heard (“Ms. Heard”) respectfully submits this Status Report, as
24 follows:
25 A. Status Report of Ms. Heard
26 A subpoena duces tectum for document production to TWITTER, INC., was issued on
27 September 14, 2020, 2020, consisting of nine requests as follows:
28 ///
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STATUS REPORT OF PETITIONER AMBER LAURA HEARD
 1 1. IP Address from which the account was registered.

2 2. To the extent not included above, any and all IP addresses from which the account logged

3 in.

4 3. To the extent not included above, any and all IP addresses from which the account

5 tweeted messages.

6 4. If the account was ever suspended, the reason given for each suspension (i.e. which of

7 Twitter's TOS were violated).

8 5. A list of any and all source information for tweeted messages from this account (e.g.

9 Twitter for Android, Twitter for iPhone, etc.)

10 6. A count of the number of messages tweeted from this account that were removed due to

11 TOS violations.

12 7. For each message that was deleted for a TOS violation, the reason given for the deletion

13 (i.e. which of Twitter's TOS were violated).

14 8. To the extent not included above, any and all instances where the account was rate

15 limited or any action was taken by Twitter due to exceeding of a rate limitation.

16 The subpoena identifies approximately 200 Twitter accounts to which the subpoena

17 applies.

18 Twitter, Inc., has not raised any objection to the subpoena. Only Mr. Depp has objected.

19 It is imperative to note that the subpoena does not seek any personal information or

20 private information from any individual users. The subpoena does not seek to ascertain the

21 individual identity of the users, nor does it seek any identifying information from any individual

22 users. The subpoena would not result in the “unmasking” of any individual Twitter users. The

23 purpose of the subpoena is that it is the initial and least intrusive step in an effort to discover

24 relevant information relating to the allegations in the counterclaim, specifically whether the

25 identified Twitter accounts originated from the same or similar IP addresses as part of a concerted

26 effort on the part of Mr. Depp and/or agents on his behalf to harass and damage Ms. Heard. The

27 inquiry is specifically tailored to approximately 200 user accounts who appear to have generated

28 coordinated messages specifically, in order to ascertain how many accounts and messages

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STATUS REPORT OF PETITIONER AMBER LAURA HEARD
 1 originated from the same or similar IP addresses. Only if the answer to this initial inquiry reveals

2 such similarities or patterns, only then would any follow up discovery issue.

3 These requests are specifically tailored to seek discoverable information relating to Ms.

4 Heard’s Third Counterclaim – Violation of the Virginia Computer Crimes Act.

5 Pursuant to that counterclaim, Ms. Heard alleges in relevant part that:

6  “The Virginia Computer Crimes Act, Virginia Code § 18.2-152.7:1, proscribes

7 ‘Harassment by computer,’ which occurs when any person ‘with the intent to
coerce, intimidate, or harass,’ uses a computer to communicate ‘obscene, vulgar,
8 profane, lewd, lascivious, or indecent language, or make[s] any suggestion or
proposal of an obscene nature, or threaten[s] any illegal or immoral act[.]’” (¶ 74 of
9 Counterclaim)
10  “As part of his ongoing smear campaign, Mr. Depp and/or his agents acting on his
11 behalf have directed both authentic and inauthentic social media accounts, and/or
non-human controlled ‘bots,’ to target Ms. Heard’s Twitter account and attempt to
12 interfere with her contracts and/or business expectancies. In particular, many of
these accounts both smear and harass Ms. Heard while simultaneously promoting
13 and praising Mr. Depp's agent and attorney, Adam Waldman. The talking points in
these accounts are strikingly similar but use slightly different text and content to
14
evade Twitter's anti-spam and platform manipulation guideline, which bars
15 harassing, abusive, and intimidating behavior except ‘when viewed in the context
of a larger conversation.’ A herd mentality helps mask predatory behavior.” (¶ 10
16 of Counterclaim.)

17  “There are a number of newly created foreign language accounts specifically or

18 predominantly designed to damage Ms. Heard. Many of these accounts have
Cyrillic signatures, reflecting Russian origin. Mr. Waldman, Mr. Depp's agent and
19 attorney, is publicly associated with Russian individuals with the capability to
organize such attacks.” (¶ 11 of Counterclaim.)
20
 “Two accounts, IFOD NET and MY GRINDELWALD, are responsible for
21 approximately 50% of the targeted attacks on Ms. Heard. The
22 MYGRINDELWALD account uses its platform to amplify anti-Heard hashtags and
false information being disseminated about Ms. Heard. It has also amplified the
23 change.org petitions described above, repeating calls for Ms. Heard to lose
contracts or business expectancies. And, as evidence of its origin, it routinely
24 tweets the statements of Mr. Depp's agent and attorney, Mr. Waldman, on a near-
daily basis and often praises the otherwise unknown attorney, even going so far as
25
to say ‘i love you waldman! !’” (¶ 12 of Counterclaim.)
26
 “In total, there are at least dozens if not hundreds of inauthentic accounts that
27 impugn Ms. Heard while praising Mr. Waldman. This messaging further evidences
the origin of Mr. Depp's unlawful campaign and demonstrates that these inauthentic
28 accounts are actively coordinating content to manipulate the Twitter platform and
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STATUS REPORT OF PETITIONER AMBER LAURA HEARD
 1 avoid detection.” (¶ 13 of Counterclaim.)
2  “In 2016, Mr. Depp texted his friend Christian Carino (Ms. Heard's former agent
3 and now Mr. Depp's agent) the following about Ms. Heard: "She's begging for total
global humiliation . . [] I have no mercy, no fear and not an ounce of emotion, or
4 what I once thought was love for this gold digging, low level, dime a dozen,
mushy, pointless dangling overused flappy fish market . . . I’m so fucking happy
5 she wants to go to fight this out!!! She will hit the wall hard!!! And I cannot wait to
have this waste of a cum guzzler out of my life!!! I met a fucking sublime little
6
Russian here... Which made me realize the time I blew on that 50 cent stripper... I
7 wouldn't touch her with a goddam glove. I can only hope that karma kicks in and
takes the gift of breath from her... Sorry, man... But, NOW, I will stop at
8 nothing!!!" (¶ 19 of Counterclaim.)

9 The parties have substantially and repeatedly met and conferred on numerous occasions in

10 an effort to resolve the contentions regarding the alleged impropriety of the subpoena and have

11 been unable to reach an agreement as to the propriety of the subpoena.

12 Twitter has not produced any responsive documents to date since issuance of the subpoena

13 in September.

14 The requested materials pursuant to the subpoena are relevant to the issues in the pending

15 litigation, Ms. Heard simply wants to examine all relevant documents necessary for her defense

16 and affirmative counterclaims and to avoid prejudice. Ms. Heard respectfully requests this Court’s

17 assistance to resolve the ongoing discovery dispute.

18 Respectfully submitted,

19 Dated: October 19, 2020 GORDON REES SCULLY MANSUKHANI, LLP

20

21 By:
22 CRAIG J. MARIAM
JOHN P. COGGER
23 Kristin Blocher
Attorneys for Petitioner
24 AMBER LAURA HEARD

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STATUS REPORT OF PETITIONER AMBER LAURA HEARD