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Johnny Depp asks for defamation trial postponement citing Fantastic Beasts 3 filming schedule

Actor’s lawyers say Covid delays have disrupted the calendar

Clémence Michallon
New York City
Tuesday 01 September 2020 12:33 EDT
Johnny Depp arrives at the Royal Courts of Justice on 28 July 2020 in London, England.
Johnny Depp arrives at the Royal Courts of Justice on 28 July 2020 in London, England. (Stuart C Wilson/Getty Images)

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Johnny Depp has asked for a postponement of a planned defamation lawsuit in the US, citing the filming schedule of the third Fantastic Beasts movie.

Depp argues through his lawyers that the Covid-19 pandemic caused delays in production over which he has no control.

The actor filed the $50m defamation lawsuit against his ex-wife Amber Heard in March 2019, after she wrote an opinion piece she wrote in The Washington Post about domestic abuse.

While Depp isn’t named in the piece, the complaint argues that it makes him identifiable. Depp has denied all allegations of domestic violence. His complaint against Heard refers to “the op-ed’s clear implication that Mr Depp is a domestic abuser” as ”categorically and demonstrably false”.

The defamation case is being handled out of Virginia. Heard’s attorney Eric M George told Deadline in March 2019: “This frivolous action is just the latest of Johnny Depp’s repeated efforts to silence Amber Heard. She will not be silenced.”

In court papers shared by Deadline on Monday and dated 21 August, Depp’s attorneys ask for the trial to be moved from January 2021 to some time between March and June 2021.

Fantastic Beasts 3 was supposed to be filmed in London “long before January 2021”, but, the filing argues, the coronavirus pandemic “disrupted the studio’s plans, causing repeated postponements”.

The filing cites a letter it says Depp’s manager received on 19 August from Warner Bros, which states that Depp is now expected to work on the movie from October 2020 to the middle of February 2021 – a period that would conflict with the planned trial.

Depp would face liability for breach of contract if he didn’t report to work on those dates, the filing states. The document also stresses that “Warner Bros, not Mr Depp, determines when shooting of Fantastic Beasts begins and ends”.

The Independent has contacted Depp and Heard’s lawyers for comment.

The filing comes almost a month following the high-profile libel trial between Depp and The Sun in the UK. The proceedings concluded in July after 16 days. An outcome has yet to be announced.

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