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By Bill Hetherman
LOS ANGELES (CNS) - A lawyer for a woman suing a Hollywood agent for
alleged sexual harassment is claiming success in serving one of the defendant's
celebrity clients, Jennifer Aniston, with legal papers asking her to testify in
a deposition.
Published reports show the legal documents regarding Heather Devlin's
lawsuit being placed on the windshield of Aniston's sport-utility vehicle
outside the Sunset Tower hotel on Thursday night, then being picked up by her
bodyguard.
Keith A. Fink, Devlin's lawyer, said the resistance of celebrity
witnesses in the case to accept subpoenas has forced his office to wait for
them outside fashionable establishments alongside the paparazzi.
``It is unfortunate that we had to waste time and money trying to serve
Ms. Aniston, but this was necessitated by defendants' game of hide-and-seek,''
Fink said. ``Every witness in this case who is a celebrity, the defendants
refuse to voluntarily produce or give us contact information.''
Devlin's attorneys want to take testimony from the former ``Friends''
star as well as Brad Pitt, Angelina Jolie and Rachel Zoe -- star of the Bravo
network reality television show ``The Rachel Zoe Project'' -- concerning a
lawsuit against the plaintiff's former boss, Todd Shemarya.
Shemarya helped Pitt and Jolie get $15 million for photos of their
twins. His clientele also includes Matthew McConaughey and Christina Aguilera.
Unlike agents who help famous clients get film deals, brand agents like
Shemarya help celebrities take advantage of their fame by arranging contracts
that result in free luxury goods and designer brands.
Devlin filed her sexual harassment and wrongful dismissal suit against
Shemarya and his company, Todd Shemarya Artists Inc., in Los Angeles Superior
Court in November 2008 alleging he made vulgar jokes in the workplace about
celebrities.
Shemarya is alleged by Devlin to have subjected her to a barrage of
offensive sexual comments.
According to Devlin's suit, she was forced to hear jokes by Shemarya at
work about Pitt, McConaughey, actor Djimon Hounsou and singer k.d. lang, all
centered on their sexuality or private parts.
Devlin also alleges she was present while Shemarya engaged in vulgar
telephone conversations in the office with his female friends, including
Aniston, producer Constance Schwartz and longtime Pitt rep Cynthia Pett-Dante.
She also maintains Shemarya fired her as his assistant to make way for
his former gay lover, Parke Steiger.
Devlin's attorneys say information obtained in the depositions will help
them prepare their opposition to Shemarya's motion to throw out the case,
scheduled for Feb. 2.
Another hearing is scheduled Dec. 22 on whether Devlin's lawyers are
entitled to the addresses of all four celebrities, although the service of
papers on Aniston may make the hearing regarding her moot.
Devlin's attorneys say Pitt and Jolie could have crucial information and
that the privacy rights of the pair are not absolute. They point to their
client's deposition regarding alleged misappropriation of expensive merchandise
by Shemarya.
``(Devlin) testified that (Shemarya) had ordered her to commit fraud by
requesting products from various high-end labels on behalf of Mr. Pitt and Ms.
Angelina Jolie when, in fact, the products were for (Shemarya's) own use and
were ordered without Mr. Pitt's knowledge,'' according to the plaintiff's court
papers.
Devlin's lawyers say they want to depose Aniston and Zoe based on a
sworn declaration by Shemarya in which he says both women told him they had
problems with Devlin.
``In or about 2006, Jennifer Aniston called me (sounding) very unhappy
and complained about Heather having called Jennifer's assistant to gossip,''
Shemarya's declaration states. ``I spoke with Heather about Jennifer's
complaint, and she denied having done anything wrong.''
In the Zoe example, Shemarya says Devlin was not a reliable travel planner.
``In ... 2006 ... Zoe called me very upset and complained that Heather
had booked her to travel on the wrong date, had not given her information she
needed for the job and had not followed through with her,'' Shemarya stated.
Zoe told Shemarya she did not want to work any longer with Devlin, so he
had to remove her from the stylist's account, he says.
``I confronted Heather with Zoe's complaints and she denied that she had
done anything wrong and sought to blame others,'' Shemarya stated.
The agent also says he replaced Devlin with a woman, and that his
relationship with Steiger ended two years before the man began working with
him.
Shemarya's lawyer, Adam Levin, states in his own sworn statement that
the motion by Devlin's attorneys ``implicates the fundamental privacy rights of
Pitt, Jolie and Aniston, non-parties to this litigation.'' Levin does not
mention Zoe.
Copies of letters from the law firm of Lavely & Singer -- attorneys for
Pitt, Jolie and Aniston -- objecting to the Devlin motion are contained within
court papers in the case. The letters state that all three celebrities
constantly deal with ``unwanted, harassing and/or even threatening intrusions
by overzealous fans, unbalanced or psychotic pursuers and even certain
paparazzi.''
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