TMZ Productions Inc. and Harvey Levin Files Motion for Summary Judgment in Virgie Arthur – Howard K. Stern Case!Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Harry Susman, Harvey Levin, High Proflie Trials, Howard K Stern, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Susman and Godfrey, Teresa Stephens, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
Late last night, at midnight I received the filings by Richard W. Hess of Susman – Godfrey Law Firm; the Motion for Summary Judgment by TMZ Productions Inc. and Harvey Levin in the Virgie Arthur vs. Howard K. Stern defamation suit pending in the 80th District Court, Harris County.
The hearing for the Motion has been set before the Court for Friday, May 5, 2010 at 8:30 A. M. before the Honorable Larry Weiman in Houston Texas.
In the filing for Summary Judgment TMZ and Levin state that the April 19, 2007 article that Arthur and her stepbrother had a child together is literally true, substantially true as a matter of law and that the unpublished details of Virgie Arthur’s stepbrother relationship are far more damaging than what TMZ published. They also state that the Cause of Action of Conspiracy to Defame is not true and as such should be dismissed.
TMZ.com and Levin state that the stepbrother story was a NON-TMZ publication that the Summary Judgment should be granted on a non-evidential Motion as Texas Statute allows.
Attached to the Motion for Summary Judgment is a sworn declaration by attorney Richard Hess with the following:
Exhibit A: TMZ.com’s April 19, 2007 Article
Exhibit B: Interrogatory Responses of Virgie Arthur
Exhibit C: Texas Department of Health Birth Roll for 1949 – David Luther Tacker Sr.
Exhibit D: Texas Department of Health Birth Roll for 1951 Virgie Mae Taber (Arthur)
Exhibit E: Marriage Record of Paralee Allman and George William Tacker
Exhibit F: Texas Department of Health Birth roll for 1966 (David Luther Tacker, Jr.)
Exhibit G: Texas Department of Health Birth Roll for 1967 (Vickie Lynn Hogan)
Exhibit H: Texas Department of Health Birth Roll for 1972 (Donald Ray Hart, Jr.)
After I have time to read the Motion, Declaration and Exhibits I may have more observation on this Motion for Summary Judgment.
Some of you wanted to read the Chrystal Baker Sworn Statement from May 9, 2008 for some comparisons.
TARRANT COUNTY LATEST FILINGS
March 5, 2010 Odell Files to Join Vicedomine’s Motion to Dismiss or for Special Exceptions.
March 10, 2010 Stephens Motion for Continuance and more time to Answer multiple filings.
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March 10, 2010
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