Thursday, December 22, 2016


Random Fuzzy


Update via Vanity Fair:

by Julie Miller December 22, 2016 6:30 pm

"A source with knowledge of the situation tells Vanity Fair, however, “Yesterday’s filing was a clear press move and makes no legal sense. We find it surprising that Mr. Pitt’s legal team filed anything with the court because he had already filed the same request with the court weeks ago, and Ms. Jolie had already signed an agreement to seal the court file.
“The agreement not only protects the children, but at Mr. Pitt’s legal team’s request, it also protects information about Mr. Pitt,” says the source. “The accusation that the mother isn’t protecting the privacy of her children is clearly false. . . . If Ms. Jolie had wanted to, she could have detailed what had happened on the plane a long time ago. Not one piece of information about what actually happened to the children is public. No facts or details have been released, and the mother has kept absolutely silent."
A court hearing is said to be scheduled for January, at which time the sealing of the documents will be addressed.
In the meantime, the same source tells Vanity Fair that the children’s holiday plans are dependent on a therapist’s recommendation about what is in their best interest.
A representative for Pitt told Vanity Fair he had no further comment."


Us

UPDATED 12/22 7:28 p.m. ET:  Angelina Jolie and Brad Pitt have already signed a private agreement to seal their divorce case, and Pitt's latest legal move is "just a smear tactic," a Jolie source tells Us Weekly. "In the agreement, Brad wanted to protect information about not only the kids but himself and Angelina agreed to it. They just signed that document so this supplemental filing makes no sense when they already have a signed document," the source says. 


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Recall that TMZ wrote, "We're told Angelina also wants the whole case to remain private -- as long as Brad sticks to the custody arrangement they both signed off on months ago."  So it means Brad agreed to stick to the agreement. 

As I wrote previously, Brad has benefited from the family therapy sessions which made him realize that the best way to achieving his goals is through the therapeutic process.   He has no need for a RFO for additional visits or the RFO to seal (both of which had little or no chance of being approved by the judge anyway).  The new agreement he and Angelina signed protects the children and, at his lawyers' behest, also protects him.

As with the S&O re custody and therapy, Spiegel would likely have signed the new agreement to seal as the Attorney for the Respondent.  So writing and filing what he did when he knows better is dishonest and an act in bad faith

The only plausible reason I can come up with is Spiegel feared he would not get another opportunity to make a public filing given Brad's progress through family therapy sessions and the signed agreement.  He didn't want miss the chance to hit back at Wasser for exposing him and humiliating him before the Court.  Unfortunately he can only target Wasser through Angelina.  Guest (Thanks!) previously posted in the comments section that Wasser had given notice to the Court and Spiegel that she would not be available from Dec 16 - 27. As a courtesy, he should have refrained from filing anything before the 27th since the court hearing isn't until January 17.  That he filed anyway right in the middle of the period gives you another hint of his motives and his ethics.

This filing could not have come at a worse time for Brad.  Just as he is finally able to join the family for the Holidays,  he suddenly finds himself on the defensive and having to explain Spiegel's actions to his children some of whom are still deeply skeptical of him. 

Angelina helped Brad with family therapy and joint therapy. She just agreed to protect him in their new agreement -- the latest in a long list.  He is very happy and grateful for all she has done for him.  He and his parent are spending the Holidays with her and the children.  Spiegel's attacks on Angelina are the last thing Brad wants or needs.   Beyond what Angelina may think, it does not reflect well on him.   He will have to distance himself from the needlessly harsh and spiteful words that Spiegel wrote.

I expect that on or before the hearing on January 17, Spiegel or Fishbein will move to withdraw this request to seal since it has become moot and will be replaced by the new S&O to seal that they just signed.


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Pride&Joy and Louisa (Thanks!) shared the link to the documents via extra Part 1
Part 2


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The supplemental memorandum filed in support of Spiegel and Brad's earlier request isn't anything new.  The arguments in the memorandum are the same as what were submitted earlier and already rejected by the judge.  Spiegel is not identifying specific documents as the judge said he should, this is still the same request for a "broad sealing order" that the judge already said fails to meet the requirements of the California Rule of Court 2.550.

This is simply Spiegel's reaction to Wasser's declaration that included emails that undermined many if not all of his arguments.  He notably has no answer to the emails which are clear and self-explanatory.  So he attacks their concern for the children's privacy.  The emails outline why there was a need to file the S&O re custody and therapy in court and show that it was Wasser and Angelina who argued against a public court battle and for the children's best interests  --- undermining the arguments Spiegel puts forth again in the supplemental memorandum.  In the emails, Spiegel never argues that what they are asking for is in the children's best interests.

The judge effectively denied everything that Brad's legal team asked for: ex parte, a broad sealing and a shortened hearing -- which is a strong hint of what he thinks about the merits of what they are attempting.  The judge gave Angelina's legal team more than the 16 court days they asked for to put forth their case because the hearing was set for January 17 which is 26 court days from Dec. 7. 


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Lawyers always file Memorandums in their client's names which is why even though it is written and signed by Spiegel, many sites are attributing it to Brad. The Memorandum of Points and Authorities written and signed by Samantha Klein read:
"Petitioner Angelina Jolie Pitt submits the within Memorandum of Points and Authorities in opposition the the Ex Parte Application and Request for Order noticed by Respondent William Bradley Pitt for hearing on Dec 7, 2016."

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Vaniy Fair

Since Angelina Jolie and Brad Pitt announced their separation three months ago, Pitt has spoken little publicly as allegations arose about his parenting skills and a purported substance-abuse problem.
The F.B.I. launched an investigation into a child-abuse rumor, from which Pitt has since been cleared. The Los Angeles County Department of Children and Family Services advised subjecting him to random drug and alcohol testing and required a therapist to be present during visits with his children. Throughout the proceedings, Pitt has kept a relatively low profile, releasing public statements to express that “what matters most now is the well-being of our kids.” He opted out of promoting two films, Voyage of Time and Allied, so that he could focus “on my family situation.”
That strategy changed Wednesday. In a memorandum filed in the Superior Court of California, Pitt’s legal team accused Jolie of leaking private information about the couple’s custody agreement to the public through court filings obtained by Vanity Fair. In the documents, Pitt’s legal team said that it filed an application on December 7 requesting that records related to the custody issues of Pitt and Jolie’s six minor children be sealed to “protect their privacy and to avoid subjecting them to the negative impact of the media coverage and public scrutiny of the case.”
Pitt’s legal team alleges Jolie stalled on the matter and alleged that Jolie is “continu[ing] to place her own interests above those of the minor children and to disregard their privacy rights when she believes it may benefit her . . .
“[Jolie] apparently has no self-regulating mechanism to preclude sensitive information from being place in the public record,” the paperwork continues, “or she has other motives pursuant to which she seeks to disseminate information in this proceeding which will be immediately made public, where the children can access it or where people in the general public will have access to it for their own uses, and who will not use such information in the best interest of their children.”
A source with knowledge of the situation tells Vanity Fair, however, “Yesterday’s filing was a clear press move and makes no legal sense. We find it surprising that Mr. Pitt’s legal team filed anything with the court because he had already filed the same request with the court weeks ago, and Ms. Jolie had already signed an agreement to seal the court file.
“The agreement not only protects the children, but at Mr. Pitt’s legal team’s request, it also protects information about Mr. Pitt,” says the source. “The accusation that the mother isn’t protecting the privacy of her children is clearly false. . . . If Ms. Jolie had wanted to, she could have detailed what had happened on the plane a long time ago. Not one piece of information about what actually happened to the children is public. No facts or details have been released, and the mother has kept absolutely silent.”
A court hearing is said to be scheduled for January, at which time the sealing of the documents will be addressed.
In the meantime, the same source tells Vanity Fair that the children’s holiday plans are dependent on a therapist’s recommendation about what is in their best interest.
A representative for Pitt told Vanity Fair he had no further comment.

Us

UPDATED 12/22 7:28 p.m. ET:  Angelina Jolie and Brad Pitt have already signed a private agreement to seal their divorce case, and Pitt's latest legal move is "just a smear tactic," a Jolie source tells Us Weekly. "In the agreement, Brad wanted to protect information about not only the kids but himself and Angelina agreed to it. They just signed that document so this supplemental filing makes no sense when they already have a signed document," the source says. 

But another source disputes that, saying Pitt would not have filed today's documents if there was already an agreement between the actors to keep things private. "The Court hearing is still taking place on January 17. The hearing wouldn’t take place if the case were sealed," the insider says. "The judge has asked that both sides file whatever they need to before the 17th. This is Brad’s filing for that date."

(original)

Brad Pitt is accusing estranged wife Angelina Jolie of compromising their six children’s privacy by making their divorce case documents public. In a new filing obtained by Us Weekly, Pitt requests that divorce documents pertaining to their kids be sealed.

In the papers, Pitt, 53, slams Jolie, 41, for appearing “to be determined to ignore even agreed upon standards relating to the children's best interest [while] attempting to clear the way to put in the public eye any allegations she can, without regard to the impact on the minor children," and for “expos[ing] the children by making public the names of their therapists and other mental health professionals.”
"Petitioner apparently has no self-regulating mechanism to preclude sensitive information from being placed in the public record, or she has other motives."”

The filing comes after Pitt’s emergency request to seal custody documents was denied by a judge during a hearing at the Los Angeles Superior Court on December 7.
As previously reported, the exes have agreed to a voluntary temporary custody agreement, in which Pitt’s visitations are controlled by a therapist who determines when and how Pitt sees them. Pitt has also been ordered to submit to drug and alcohol tests at least four times a month.

The actor, who was accused of getting into a physical altercation with their eldest son Maddox while aboard a private plane last September, has since been cleared of any wrongdoing by both the Los Angeles County Department of Children and Family Services and the FBI.

Us Weekly has reached out to Jolie’s rep for comment.


People

Pitt’s legal team also drafted a proposed order, which the actor would like the judge to approve.

6 comments:

  1. Fussy ,the memo was filed yesterday here the prove, this is Brad lawyer memo he didn't submit memo on the 12/7 because it was emergency hearing and he wasn't prepared but Wasser was prepared that day she had submitted a memo that day of why she refused the sealing

    https://media.extratv.com/2016...

    ReplyDelete
  2. Extra posted the document and they are trying to prove all their action to seal is under court rule of 2.550

    ReplyDelete
  3. Fussy,
    Extra have a copy of the memorandum filed by Spiegel yesterday.
    https://media.extratv.com/2016/12/22/pitt-jolie-court-documents.pdf

    ReplyDelete
  4. There is nothing that was filed yesterday according to the court.This all was known yesterday as people were talking about it on other sites.We just didn't see what the filing said.This was all filed on the 13th of this month. The court finally updated their case summary yesterday. That is all that means.

    This is not a brand new filing.

    ReplyDelete
    Replies
    1. It was signed and filed on Dec. 21 by Lance Spiegel.

      Delete
  5. Fussy, Angie lawyer filed Notice of Lodging yesterday 22/12,

    "Notice of Lodging means that the document was not filed with the court and as a result is not part of the official record documents"

    Do you think Angie lawyer filed the private agreement about the sealing which was not part of the official sealing since this was agreed outside the court between the 2 parties

    ReplyDelete