Latest filings with the Ninth Circuit Court of Appeals
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Celebrity Trials, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, High Proflie Trials, Howard K Stern, Larry Birkhead
We are trying to catch up with the filings we have on multiple cases. The first set is all of the filings from June 2 through June 8 with the Ninth Circuit Court of Appeals preparing for Oral Arguments on June 25, 2009 at 9:30 AM in Seattle Washington in regards to the Estate of Anna Nicole Smith.
June 2, 2009 Notice of time and date of Oral Arguments in Seattle Washington before the ninth circuit court of appeals.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2085.
June 2, 2009 Notice by Ninth Circuit of Appeals that the filings from the Estate of Anna Nicole smith is on record with instructions as to the number the court needs and how many to send for stamping and distribution.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2086.
June 5, 2009 Notice to all parties that the oral hearing before the Ninth Circuit Court of Appeals has been changed from June 25, 2009 from 1:30 PM to 9:30 AM.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2089.
June 5, 2009 Joint Status Report by the Estate of Pierce Marshall and the Estate of Anna Nicole Smith as to the name of the two attorneys that will do the oral arguments on June 25, before the court. For Elaine Marshall on behalf of the Estate of Pierce Marshall the attorney named is, G. Eric Brunstad, Jr. On behalf of Howard K. Stern on behalf of the Estate of Anna Nicole Smith the attorney named is, Kent L. Richland.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2088.
June 5, 2009 New Docket Report that serves as notice to all parties that the oral hearing before the Ninth Circuit Court of Appeals has been changed from June 25, 2009 from 1:30 PM to 9:30 AM.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2087.
June 8, 2009 Notice from the Ninth Circuit Court of Appeals that the Judicial Notice presented by Howard K. Stern on behalf of the Estate of Anna Nicole Smith on June 1, 2009 will be decided after the Oral Arguments on June 25 before the Court.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2090.
We will be adding more documents today as we try to catch up with everything filed in different jurisdictions, as well as other cases we have been following.
©Rose Turner
June 11, 2009
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Tags: Anna Nicole Smith, Anna Nicole Smith Estate, Celebrity Trials, Dannielynn, Elaine Marshall, G. Eric Brunstad, Howard K Stern, Kent L. Richland, Ninth Circuit Court of Appeals, Pierce Marshall Estate
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[...] to the Broadway stage this year … -Boeing | In Plain Sight | Joshua Malina | Howard Stern Latest filings with the Ninth Circuit Court of Appeals – rosespeaks.com 06/11/2009 We are trying to catch up with the filings we have on multiple cases [...]
TO NO CASE WRONG DEFENDANTS—-I just read the link you gave for that article.I COULD NOT STOP LAUGHING.(loony) is the correct word for Virgie,I HOPE McCabe enjoys the fool he is making out of his client.IF SHE THOUGHT ONE STUPID ARTICLE HAD A INFLUENCE,She will be getting thanks to McCabe,more BAD PRESS.AND WILL LOOK LIKE WHAT SHE IS ,A GREEDY SICK WOMAN,
Thanks Rose and Ken
Well written article by Richland describing his experiences representing ANS in Marshall v Marshall.
http://gmsr.com/article/Representing%20Anna%20Nicole.pdf
TO BUTTERFLY—–If you have a Attorney,did he tell you to start posting again,you have to watch what you say to others on this site,as not to create a bigger problem.
Butterfly,
I hope all works out in your favor today. Good Luck.
Butterfly,
Good Luck today. Stay strong and stand your ground.
Lord I DO WISH BUTTERFLY,The best,I just pray nothiing interfered with her writting comments yesterday,McCabe is a snake,He will use anything,with that judge.Team Texas.is having a ball ,knowing she goes to court,they are so hateful,yet poor Virgie,
This entire thing makes me sick to my stomach. Karma baby, Karma is going to happen.
DiamondGirl [9] what makes me sick to my stomach are those who are celebrating [so to speak] over Butterfly being in court today. Their ignorance is despicable! I am with you Karma and oh yeah what a Bitch it can turn out to be.
JMA——It is so SICK,and I do mean SICK,when one person wrote (,MOMENTS) they find it entertaining,MAY GOD give this person everything she deserves.I AM SURE Virgie will get LAUGHED OUT OF COURT,WHEN TIME FOR JURY,HER TURN IS COMMING,She got Booed,out of the Bahamas,she will get thrown out of court in USA,The public will give her and McCabe what they truly deserve,A KICK IN THERE FAT ASSES.
Beverly [11] Yep they will get what they truly deserve ;-)
Good luck butterfly I hope this isn’t to late and everything worked in your favor
DG some call it Karma some call it fate which ever one Here’s hoping they all get theirs
I was thinking about Ball if Bonnie’s It guy could see someone hacked into her computer why couldn’t this guy Maybe he should get a hold of President Obama It people and find out what real knowledge is.Seems to me this man had talks with McShame about things he should not have had or the sleeping judge did and in that case she needs to be recalled
I have been with this story from the beginning after reading many comments on many different boards the one that sticks with me was a poster said Rose Turned was elderly and sick so why not she take the fall (paraphrasing). The poster became defensive and said her comment meant Rose was using her condition as an excuse for trying to settle (BTW something everyone does in a lawsuit). But to me that comment has held so much value and realization of what is expected.
Some people can’t handle the truth because the facts show what they believed with all their hearts was a trick and instead of flexibility in their belief system they get mad. I believe it’s why they say ignorance is bliss because sometimes the truth is hard to ingest when you were wrong.
If I may, THANK YOU SWIMS!!!
I think O’Q’s past history may provide clues. Legal articles have been written describing how O’Q over the years would latch on to a story in the media and with the aid of a PR firm, inflame the story with bizarre tangential elements that would create not only ‘victim’ litigants for him, but ‘twice victimized’ people by the then apparently ‘evil’ target of the lawsuit.
Early on O’Q created false scenarios in the Press such as The Bahamas recognizes ‘grandparents’ rights’ (they don’t) and The Bahamas openly discriminate against ‘gay parents’ (they don’t). VA was falsely painted by O’Q as a real player for DL’s custody, guardianship and/or visitation. Hence, when she achieved none of those positions (as expected) relative to DL, she could be made to appear to be a victim of outside forces. Even to this day, the ‘bloggers’ lawsuit falsely claims that VA’s ‘rights’ regarding DL were interfered with by the lawsuit’s defendants. The truth of the matter is that such a thing never happened.
After LB left The Bahamas with DL, and VA was officially a non-entity, the O’Q/VA bloggers flooded the internet blogs with outrageous hatred and putrid posts about HKS, LB and DL, all including the notion that O’Q and VA were working behind the scenes to rights the wrongs they perceived. When no one was talking about VA anymore, her bloggers would constantly insert her into discussions. I’ve always thought the goal was to illicit a rise from bloggers to comment back anything even remotely unfavorable about VA in order to establish a ‘record’ for future phoney litigation. When the blogging pseudonyms and posts from Wilma are finally released, I’m sure it will show the positive and most of the negative posts about VA were all manufactured by the O’Q/VA bloggers themselves.
When O’Q deposed HKS for the FL defamation suit, the fact that O’Q brought up bloggers is telling. The lawsuit against O’Q was for the February/March 2007 defamatory statements O’Q made on TV. Bloggers had nothing to do with that case. But shortly afterward we heard about bloggers claiming they were part of some conspiracy to do something they could not possibly have done, that is, affect the already decided custody/guardianship of DL. The indefensible ‘Mommie Dearest’ lawsuit and the fraudulent ‘bloggers’ lawsuit followed.
The only missing information is when and to what extent O’Q/VA bloggers had recruited apparently pro-HKS posters to create this ‘conspiracy’ scenario. Depositions will answer this question.
Posted at 7:17PM on Jun 12th 2009 by Only swim in the Ocean
ORDER SIGNED SETTING HEARING 6/12/2009
Teresa has to appear July 17 @ 1:30 for the judge to determine contempt of court for disobedience of orders to turn over electronic media
http://www.hcdistrictclerk.com/eDocs/Public/CaseDetails.aspx?CaseNbr=200824181&CDI=7
new papers being loaded in the Texas State Suit for your dining pleasure.
Is swims claiming VA blogger manufactured the negative comment about her?
I don’t think they will find that to be true unless some of the VA bloggers were engaging with HKS bloggers. I also don’t believe they will find the reason some HKS bloggers have reconsidered some of their opinions are based on any type of recruiting tools used by Wilma Vice or any other VA blogger. I know for myself my opinions are based on and have changed from actions from some of the HKS bloggers.
and the reason I say that is because of what QV did along with her core group of HKS supporters.
Mary [19] Okay, wth have you done with our Mary? Did she get taken by one of the pod people and you were sent back in her place?
Honestly, Mary, what are you thinking?
Also, about post [15]. That was a done subject and we had already moved past that onto other things, so why the need to dredge it back up, especially now?
What I first thought about Swim’s post was the breast-implant woman and the Airplane crash that O’Q was caught ambulance chasing out of his state, It makes sense to me and how he works to insert himself in tragic situations. That this was all over the news and he latched on and said bingo VA is in my (backyard) state. And yes look at what has happened, ones that said they supported HKS used that for O’Q. as far as what opinions are based, Hell, there has been so many band-wagoners that jump sides and jump back depending on how the case is going and the ones that came into this because (like me), truly believe that Howard did not kill or plan any killing the ones he loves for financial gain or anything, I still think get their talking points from the darkside, and us that Rose so eloquently states want to find the truth and not what is flavor of the week..
It’s about reflection and finalizing my thoughts with this story. I am moving on Ken and it wasn’t who the poster is but what the comment meant to me. I can’t tell you how much it put what is happening into perspective for me. I will speak no more of any of this as I said last week, I’m just tired of it and the way my comments are being interpreted and misunderstood.
and btw, if you think WV is such an upstanding person and wouldn’t stoop to those levels like swims points out, I’ve got some swampland in La to sell you. She’s paid to start crap on the net, even if it means pretending to be a HKS supporter (under a pseudonym of course) and stirring crap with false posts.
It’s not about that Ken but nor do I believe she holds the power some seem to give her. She is a blogger and blogs her thoughts but in no way do I believe she holds as much position as some seem to give her.
And swims opinion that the darkside put so much out there and wanted VA discussed, imo is spot on.
And do you actually believe some of the HKS supporters didn’t stoop to the same levels? The game was played by both sides from my perspective and I have been treated vicious for my opinions by both teams.
Hi Folks,
Just in case you were wondering, today’s hearing in Houston regarding Butterfly was merely a brief session during which the Plaintiff presented to the judge an ORDER TO SHOW CAUSE.
In other words, McCabe presented a case to Judge Lindsay in order to SHOW that Butterfly did something to CAUSE the need for a further hearing. McCabe proposed to the Court that it should hold a hearing during which McCabe will attempt to prove Butterfly should be held in contempt (and punished) for not obeying the Court’s order to turn over her computer.
The judge agreed that McCabe “showed cause” for a subsequent hearing on the question of whether Teresa should be held in contempt.
Therefore, a Motion for Contempt hearing will go forward. The very earliest by law the hearing could have been held is July 17, 2009, so that is the date the judge chose.
Here is the text of today’s ORDER TO SHOW CAUSE, as submitted by Judge Lindsay:
ORDER TO SHOW CAUSE
The Motion for Contempt filed by Plaintiff Virgie Arthur seeking to have Defendant Teresa Stephens held in and punished for contempt of court in this matter [has been] considered and found legally sufficient.
IS IT THEREFORE ORDERED that Teresa Stephens appear before this court at 1:30PM on July 17, 2009. The purpose of this hearing is to determine whether Teresa Stephens should be held in contempt for disobedience of this Court’s order in the following respect: Teresa Stephens violated the Court’s order by failing to turn over to the Special Master the relevant electronic media on or before May 21, 2009, as ordered by this Court on May 11. 2009.
SIGNED June 12, 2009
Tony Lyndsay
JUDGE
I don’t know Mary, I know your question was not to me but I want to say, NO One is perfect and I am sure both sides have been ugly to each-other. There must a time to stop trying to find reason in their actions and look at the deeper and whole picture and understand their means that justify their goals. What is their goal? It is as obvious as the nose on shame’s face.
Thank you for the information Emmett. Can you please explain what that something to CAUSE was?
Liann, I get the goal, it’s legal maneuvering played by both teams. But my point is Wilma Vice doesn’t have the power to control thoughts or opinions. Personally, I’ve been more upset by what some of the HKS bloggers have done and that is where I’m leaving it.
You all have a great night.
I get what your are saying Mary, But for us (the lay person) that is not practiced in the legal profession and how to work the system to our advantage, They know and or are experienced, and to try to understand that and make reason from there moves and motives and operatives. All the power to you, Good luck!
Imo, it is all a game to O’Q, Like a chess match, and I think O’Q is pissed that he used his TX defence that he can say do anything he wants and got his dick put in the dirt in Fla. And from what I understand of the man, He has a goal and does not care who or what he hurts to justify his means, Hey maybe that would be a great case study in the human mentality. And maybe that would be a mentality to pity and or to deplore, you decide
I never suggested that WV has the power to control, What?, is she the amazing Wilma?, NO, But she is the closes thing to the bloggers for Team TX and I do think she influence’s their daily talking points and has been behind most of this if not all, imo. Remember she just said she is not a employee but does work with her man DC, Well she did not call him her man, But she does not deny it either, She just threatens to sue if you say that. LOLOOLLOLLLLo
Liann, I hope no one thinks I have claimed Wilma Vice an example of good citizenship. None of these players are IMO. OQ, McCabe, Wood, Stern all these attorneys are what is wrong with our society but I do realize the way they play this game. OQ tactics are no better or worse then any of them and frankly I think they all deserve each other. Let them sue each other and play their little game. I’m just tired of pretending any of them are better then the other. They’re all a bunch of ego manics.
24. Uh, Ken, you want to run that by me again?
Liann [30]
The Cause, that Judge Lindsay agreed warranted a Motion for Contempt hearing, was that Butterfly did not comply with the Court’s order to turn in her electronic media to Ball by the cutoff date of May 21. What was said in Court today went a little something like this:
McCabe: Your Honor, I want you to approve a hearing so that I can prove Teresa Stephens is in contempt of court.
Lindsay: Well, I’m very busy. You’d better SHOW me you have a good CAUSE before I schedule any hearings.
McCabe: That’s why we’re here, Your Honor. The reason we need another hearing is because Teresa Stephens did not obey your order.
Lindsay: You mean, she didn’t turn over her computer to Mr. Ball by May 21?
McCabe: No, she did not.
Lindsay: So you’re saying that she disobeyed the order I wrote on May 11?
McCabe: Yes, Your Honor.
Lindsay: Well, I think we need to have her come in here and tell me why she didn’t obey my order. We’ll listen to what she has to say. If she can’t give me a good reason why she didn’t comply with my order, I will have to find her in contempt. But she might have a good reason for not complying. Let’s have her come here and explain herself. We’ll have the Contempt hearing on July 17.
McCabe: Thank you, Your Honor.
new article with links to uploaded docs
My quess is,Texas must have a lot of money to go forth,with such a weak case as McCabe has,It is plain to see,McCabe speaks and the Judge obeys,What a sad excuse for a JUDGE,Mr McCabe better start reading the paper a magazines,my opinion—-He may have a bought off judge,and right now,he thinks he is getting somewhere ,WELL McCABE GET READY TO WIPE THAT SMIRK OFF YOUR FACE,because,when all is said and done,YOU HAVE DEFAMED YOUR CLIENT,Virgie looked like a GREEDY OLD BAG before,she will never live down what your ignorance,has doneThe way I see it it is like the poor girl in McCabe office,McCabe was a big blow hard with his pants down,BUT HE GOT PUT OUT OF THE LAW COLLAGE,He may play big deal now,put Virgie and McCabe will soon learn the people everywhere are FED UP WITH COCKRAOCHES LIKE HIM AND VIRGIE,and when all is said and done,Judge Lindsay will show the world a corrupt Judge,and McCabe a corrupt,officer of the court,McCABE GET READY.
Ken [24] Ha-Ha WV upstanding what a joke, she is knee deep in the shit that goes on. No doubt in my mind the woman is being paid by Team Texas to stir up shit for Team Texas.
Emmett [28] seriously are any of us really surprised Judge Lindsay agreed with the Plaintiff, or should I say McCabe it’s a little confusing as to whom the real Plaintiff is in this case.
Wilma [35] what part did you not understand? Deny all you want but IMO and others you are a paid shit starter. Hope the price was right though, cause Karma is free and what a real Bitch it can turn out to be ;-)
Liann [33] she thinks she is the amazing Wilma and so do here little followers to chose to believe the shit she tells them. I love it when she gives her little clues and when an anti-Virgie asks her to be more specific she does not want to discuss it or the “I cannot reveal anymore then that” bit.
In reference to “But she does not deny it either, She just threatens to sue if you say that.” that is the funniest part of all. I have a right to my opinion and do to she has never denied the rumor that was spread around by her good friends E & K; I believe it to be true.
Oops….corrections s/b “her” not “here” and s/b “who” not “to”
s/b “due” not “do”
Wow I think I need another cup of coffee
TO WV——I have a suggestion for you,and your weak minded friends,who think you are a help. you should try your (HS) somewhere else.Once a snake always a snake,and try as you may,like your friend McCabe Sizzles,you will not destroy this site,Are you looking for more for Don Clark to use,he loves the internet for investagating.Virgie is due,for what she deserves,and it will not MONEY,OR EVEN CONCERN,Most people have heard enough of Virgie,like I said before,before everything is through,Virgie will not be able to hold her head up pased that fat ass.
#36 Emmett, Thank you for your response.
#42 JMA, I could not agree more and I also believe it to be true.
Beverly, #38-44, Same, I could not agree more, Great post Beverly.
In some ways I can see mary’s point about the bloggers,when I used to read at TMZ sometimes one was as bad as the other.and IMO some were using others names to cause trouble.Maybe McShame should get the chats from Ieny,Kerry and wack a mole the constantly went into chats and asked their friends to join them God forbid you liked Larry or Howard even if you said nothing about VA at all they still dumped on you.McShame talks about chats but does n ot bring up the chats that were against HKS an d it made me wonder what was really going on because right after people joined things changed and things got real nasty.I am glad the Teresa has got to Einy no matter what her name is maybe she can get the chats from her or maybe it was WV that started the chats on TMZ cause that’s when all the hate started about both HKS and LB.Now those chats would be real interesting. Not like the ones here
Thanks for the info on Butterfly Emmett. Glad to hear she has time. I still can’t get over this judge giving McShame such leeway,I can see it being overturned on appeal.IMO McShame is doing just what O’Quinn tells him bankrupt everyone so they do not have money mto fight back and if pro se treat them like dirt and the judge does the same