Justin Bieber was scheduled to be deposed in L.A. on Thursday, Jan. 23, but he was a no-show.
Earlier that morning, the 19-year-old "Somebody to Love" singer was arrested in Miami and charged with driving under the influence, operating a motor vehicle with an expired license and resisting arrest without violence. Bieber, who lives in California, posted $2,500 bail and left jail after a few hours' time.
Photographer Jeffrey Binion filed a lawsuit against Bieber and his bodyguard, Hugo Hesny, in 2013. It alleged that Bieber is legally responsible for an alleged battery committed by the singer's bodyguards.
Binion's attorney, Mark DiCowden, was told on Jan. 22 that the pop star would no longer be present. Bieber's videotaped deposition was scheduled to take place at 10 a.m. the next morning at attorney Howard Weitzman's office. One hour before the agreed upon start time, Bieber's lawyer filed an emergency motion to stop the deposition; his request was denied, according to DiCowden.
"The court had ordered Justin Bieber to appear," DiCowden tells E! News. "Essentially, we were all ordered to appear."
DiCowden was told Thursday morning that Bieber was incarcerated and would not be able to appear. "I was told as of last evening that they weren't going to produce him anyhow," he says. "I am disappointed it didn't go forward as scheduled but not surprised." DiCowden says he will seek to get reimbursed for the cost of flying from Miami to L.A.
Binion's attorney still plans depose one of Bieber's bodyguards on Friday, Jan. 24. Weitzman has not returned E! News' request for comment. The "Baby" singer's team is also staying silent for now.
The lawsuit stems from when Binion photographed Bieber outside The Hit Factory, a recording studio in Miami, Fla., on Wednesday, June 5, 2013. According to the complaint, he was allegedly confronted and attacked by four members of Bieber's security team, led by Hesny, who is not licensed by the State of Florida to work as a bodyguard and does not hold a concealed weapons carrying permit as required by Florida law.
Binion claimed Hesny threw him against a wall, choked him and threatened him with a gun in an effort to remove the film card from his camera. The plaintiff suffered throat injuries and filed a police report.