An article By Ed Silverman of Pharmalot asked that question in his article entitled “Did DaVita Admit Fraud In Suing A Whistleblower?” After reading this Google alert on the largest Medicare Fraud Case to date that has been made public, I spent the day on PACER reading more.
Thus over the next few days along with two other cases we are going to play catch-up with, we are going to dwell on this case. In short with Sequestration looming which is going to devastate our economy and our workforce especially federal employees, Medicare Fraud is big news. I believe we should pursue more of these cases and not cut “entitlements” to those of us who worked our whole life and paid our Social Security Insurance and Medicare Insurance payments every payday.
So here goes with more of what Ed Silverman had to say:
…Since a fair number of whistleblower cases pop up in the pharmaceutical industry, a recent development concerning a whistleblower and DaVita, the second-largest independent provider of dialysis services in the US, might be of interest. Consider the following….
Along with a nurse, a nephrologist and former medical director named Alon Vainer filed a whistleblower lawsuit in 2007 alleging DaVita deliberately wasted medicine in order to gain hundreds of millions of dollars in extra payments from Medicare.
NOTE: HUNDREDS OF MILLION IN ALLEGED FRAUD OF MEDICARE.
So how has DaVita responded? Besides denying the allegations, the dialysis provider filed its own lawsuit against Vainer. Now, consider the accusations: DaVita charged Vainer breached his contract, caused damages by not alerting DaVita to violations of the law and filed invoices falsely claiming he complied with his agreement, which he could not have done if he did not alert DaVita to any violations of the law.
Yes, you read that correctly. It would appear that DaVita officials are suing the whistleblower for not bringing their own purported fraud to their attention. Consequently, the DaVita team appears to somehow acknowledge that the fraud took place after all, even though they have denied this all along. This prompted an interesting response from the judge hearing the combined cases…
“The possible violations of law are the very same types of violations Vainer has alleged against DaVita in the underlying qui tam (whistleblower) complaint,” writes US District Court Judge Charles Pannell. “In essence, then, the defendants (DaVita) are seeking breach of contract damages for the plaintiff’s (whitleblowers) having not reported the alleged violations for which the defendants are themselves being sued.
“While the defendants have couched their counterclaim in contract terms, this claim is nonetheless the type of counterclaim barred in (False Claims Act) qui tam actions. In order to prove that Vainer breached the contract by not informing the defendants about violations of applicable law, the defendants (DaVita) would have to first prove that such violations actually occurred. If these violations occurred, then the defendants would be liable for them.”
…“While the parties have not identified and the court cannot find through its own research binding case law that addresses the scenario before the court, the court agrees with the plaintiffs and the United States that such an outcome would have a chilling effect on the FCA’s goal of encouraging whistleblowing on perpetrators of fraud against the federal government. The court concludes that the defendants’ counterclaim amounts to a claim for indemnification or contribution.”
So guess what???? US District Court Judge Charles Pannell DISMISSED THE SUIT DAVITA FILED AGAINST DR. ALON VAINER, my first thought is WTF was DaVita thinking, go figure.
Here is the full finding of Judge Charles Pannell:
So did a lot of corporate attorneys just screwed up or did L. Lin Wood, who left Bryan Cave LLC in 2007 to pursue this case, somehow trick the corporate lawyers into what appears to be a fatal error?
Never fear DaVita is just adding more lawyers, but my money is on the U. S. Government and the plaintiff’s attorneys, including Lin Wood and Stacy Evans are going to win this thing. If it goes to trial, which I doubt it will because of the media coverage this will bring, then Medicare Fraud at it’s worse will be out there for the U. S. taxpayer to see. My question is how does this happen without criminal charges being filed? When are we going to begin to hold the top executives of corporations liable criminally for ripping us the taxpayers off for Millions that we ended up paying?
Yes I read all day yesterday and into last night after reading this article, then more on PACER and yes we are going to cover this case as one of the biggest cases we have ever covered, because this case is important. Seldom is one of these cases made public so we can see via filings how corrupt some people are with what appears to be little concern to what is happening to our country and those of us receiving Medicare.
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If you remember, L Lin Wood, is the lead attorney on this case. He felt strongly about this enough to leave the large legal firm he was with to not have any appearance of conflict of interest and took the gamble of setting up his own firm during the recession, and it appears his gamble was RIGHT!!!
(CNN) — It started with a chance conversation between a doctor and a nurse several years ago. But that brief encounter may end up exposing what could be one of the largest Medicare frauds in U.S. history.
Dr. Alon Vainer, a medical director at dialysis clinics in Georgia, was discussing clinic procedures with one of the nurses, Daniel Barbir. The two men say they saw something they believed was very wrong: expensive medicine, and lots of it, was being tossed in the trash. And the clinic workers were being told to do it, the two men say.
“When we sat down and started talking about it and getting into details, we actually realized exactly what was going on,” Vainer said.
The alleged waste was being carried out on a massive scale and, the nurse and the doctor said, they knew why almost immediately. They claim it was a way for their company, DaVita Inc., to defraud the government, overbill Medicare and Medicaid and make a fortune.
“We’re talking in the hundreds of millions, easily,” Vainer said. “The profit this company raked from those two schemes, only from those two drugs, was hundreds of millions of dollars.”
The allegations of massive fraud have implications for all Americans. The alleged fraud would have involved Medicare and Medicaid patients, whose medicine is paid for by U.S. taxpayers.
…DaVita Inc., based in downtown Denver, is one of the nation’s largest dialysis companies. The name means “Giving Life” in Italian. The company just moved into a brand new $101 million office tower, complete with fountains, gardens and even a suspended ski gondola inside for private meetings.
DaVita has grown in the past couple of years and now runs roughly 2,000 dialysis clinics across the country, which has added up to a $7 billion business. The dialysis empire is run by CEO Kent Thiry, who dresses like one of the Three Musketeers, has adopted a company slogan of ‘One for all and all for one’ and in company staff meetings leads his employees, who he calls villagers, in cheers of “DaVita!”
Thiry is reportedly paid an estimated $15 million a year, according to the Wall Street Journal, which has called him the best compensated CEO in Colorado.
Most of DaVita’s revenue comes from a single source: taxpayers. More than two-thirds of DaVita’s revenue comes from Medicare and Medicaid payments.
If Vainer and Barbir’s allegations are true, the company threw away hundreds of millions of dollars of medicine, and taxpayers paid for it.
…both men have filed a whistleblower lawsuit under the U.S. False Claims Act on behalf of the U.S. government, charging DaVita with massive Medicare fraud. They stand to make millions if DaVita is found guilty.
… the company’s attorney Kim Rivera did. When asked about the plaintiffs’ allegation that DaVita had come up with so-called schemes to throw away drugs and maximize profits, Rivera said: “Well that’s just wrong. If you look at the facts of the case, first of all, the doctors make the dosing decisions…. When you look at what the practices were — decisions being made by doctors, based on what was in the best interest of their patients. And they took into account a variety of things.
“You can’t just look at one issue. You have to look at things like infection control, what the patient’s going to do, how the patient’s going to do with particular doses. And so, during that entire time what we did, what the doctors did, was appropriate.”
But other companies, including DaVita’s main competitor, used smaller vials and smaller combinations at times, limiting what was thrown away.
…Plaintiffs’ attorneys Lin Wood and Marlan Wilbanks, who claim DaVita made as much as $800 million over-billing the government, say that DaVita’s defense won’t hold up in court.
“It’s not just the taxpayers that are the victims here, it’s the health care system,” Wood said.
“It doesn’t take a graduate degree to understand what’s going on here,” Wilbanks said. “This is just dishonesty.”
DaVita denies that and vows to fight the case in court. But earlier this year, while denying it did anything wrong, DaVita settled a similar case in Texas for $55 million.
Pat Burns, with the watchdog group “Taxpayers Against Fraud,” says the bigger problem is that even if a company gets caught cheating the government, the company executives never seem to face any punishment. Fines are paid and business continues as usual.
You need to read the full article on CNN, it well worth a read and why are these guys never charged criminally?
Just to catch up on the papers we have here are the two we have up and I will prowl PACER tonight.
In my not so humble opinion, this is “entitlements” that the U. S. Department of Justice needs to prosecute and set examples to protect Medicare and Medicaid recipients not just save us money on. Millions would pay out how many legitimate claims in a year?
We will also be updating the Beth Holloway suit against the National Enquirer and the Sheldon Adelson cases this week. These are some great cases to follow. HOWEVER IF YOU HAVE A CASE YOU WANT US TO FOLLOW, JUST FILL OUT THE CONTACT US FORM AT THE TOP. WE ARE ALSO ALWAYS LOOKING FOR GOOD GUEST AUTHORS SO IF YOU HAVE A CASE WHERE PAPERS ARE AVAILABLE AGAIN JUST FILL OUT THE FORM ABOVE, WE WILL GET THE PAPERS AND YOU CAN WRITE ARTICLES FOR ROSE SPEAKS.COM.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
Those of us who remember May 2011 when L. Lin Wood left Bryan Cave LLP and suddenly created a small law firm in less than three weeks. Why we all asked? As one poster here on Rose Speaks.com said, “Looks like he sees a way to make millions of dollars.” Yes but how?
Wood had agreed with attorney Marlan Wilbanks to leave Bryan Cave set up new offices and toss his hat into the Qui Tam Action against accusing dialysis providers DaVita, Inc. and
Gambro Healthcare, Inc. of deliberately wasting hundreds of millions of dollars of medications in order to fraudulently boost reimbursements from Medicare and Medicaid. That folks is illegal but the people involved in this suit, don’t have criminal charges pending they are involved in a Civil Federal Suit of “Qui Tam Action”.
What does that mean? Let’s start with the definition of “Qui Tam Action”.
Qui tam action (kwee tam) n. Latin for who as well, a lawsuit brought by a private citizen (popularly called a “whistle blower”) against a person or company who is believed to have violated the law in the performance of a contract with the government or in violation of a government regulation, when there is a statute which provides for a penalty for such violations. Qui tam suits are brought for “the government as well as the plaintiff.” In a qui tam action the plaintiff (the person bringing the suit) will be entitled to a percentage of the recovery of the penalty (which may include large amounts for breach of contract) as a reward for exposing the wrong-doing and recovering funds for the government. Sometimes the federal or state government will intervene and become a party to the suit in order to guarantee success and be part of any negotiations and conduct of the case. This type of action is generally based on significant violations which involve fraudulent or criminal acts, and not technical violations and/or errors.
MEDICARE FRAUD!!!! In days of yesteryear “the federal or state government will intervene and become a party to the suit in order to guarantee success and be part of any negotiations and conduct of the case,” happened and “We the people” never knew what the hell was going on because the records were seal.
NO MORE until a case at least gets to this stage, now while our U. S. Congress is trying to cut benefits to those Americans who receive Medicare and/or Medicaid in services, doctors visits, in-patient care and on and on and on, these corporations have in the past been slapped in the past with a fine, and THE RECORDS SEALED. No more now we get to follow these cases and call our congressional representatives and ask them WTF??? Do they get contributions from these large corporations or perhaps it goes into the hole of the new “Super Pacs”, and in the vacuum we have no way of knowing which members of congress are aware, has been aware in the past and has done the old political trick of wink wink, don’t listen to what I say to the voter.
Here are the papers for you to read, and like me GET MAD AS HELL THIS IS GOING ON AND HAS BEEN FOR EONS, MEDICARE FRAUD IS NOT THE LITTLE OLD MAN OR WOMAN FIGHTING FOR PAYMENTS TO DOCTORS, MEDICARE FRAUD IS A PRIME EXAMPLE OF THIS CASE!!!!
Here is as close to a lay person description as we can get:
According to the suit, the companies designed multiple sets of directly conflicting internal protocols dictating how specific drugs should be administered based on how the costs for such drugs were reimbursed by the government. The suit also charges that these “dosing grids” were designed to increase volume rebates and discounts to the defendants from the manufacturers of the medications.
“The complaint makes clear that for years, DaVita has used different sets of rules to game the Medicare system and illegally inflate their government reimbursements at taxpayer and patient expense,” said L. Lin Wood, attorney for the whistle blowers.
“Taxpayers and patients should feel a sense of outrage when they read the complaint and learn how DaVita has become a multi-billion dollar business due in large part to corporate strategies and protocols focused on extracting every dollar possible from the government rather than on improving the care of chronically ill patients.”
The scheme centered on three drugs routinely administered to patients during dialysis: Venofer, an iron supplement; Zemplar, a vitamin D analog; and Epogen, a glycoprotein hormone also known as EPO.
In the case of Venofer and Zemplar, the government reimbursed the defendants for “necessary wastage,” such as medication that remained in a vial after the vial dose was administered. The internal protocols developed and mandated by DaVita and the others named in the suit were explicit about the vial sizes employees were required to use and whether vials could be entered with a needle more than once to extract the contents. According to the suit, these protocols were designed to maximize the amount of drug wasted because the government paid DaVita for the amount of drug administered to the dialysis patients and the amount intentionally wasted and thrown away.
For example, instead of using three 2 mcg vials to administer a 6 mcg dose of Zemplar with no waste, DaVita’s protocols required employees to use a 10 mcg vial. The patient received 6 mcgs, and the remaining 4 mcgs were discarded but still billed to the government. Medicare unknowingly paid DaVita for all 10 mcgs in the vial, including the 4 mcgs of wasted medication that ended up in DaVita’s trash cans thousands of times each week from 2003 through the end of 2010 at its hundreds of centers across the United States.
Reimbursement rules for Epogen, on the other hand, made clear that no waste would be
reimbursed. As a result, the DaVita dosing grids were formulated to guarantee that every
available drop of medication in every vial was used and billed for, including any excess
medication, or overfill, for which they had not paid.
On January 1, 2011, Medicare guidelines were changed to halt all payments for wasted drugs.
According to the suit, DaVita immediately put in place new protocols that effectively eliminated iron waste and significantly reduced Vitamin D waste.
“When the reimbursement rules changed on January 1, 2011, the protocols that mandated the
unnecessary waste of Venofer and Zemplar stopped as well.”
“This had nothing to do with a New Year’s resolution to be more efficient but had everything to do with how money drives corporate practices and protocols at DaVita.”
Denver-based DaVita, which is currently the second largest independent provider of dialysis services for second largest independent provider of dialysis services, acquired Gambro’s dialysis clinics in the U.S. in 2005. According to the suit, DaVita and Gambro engaged in similar fraudulent practices prior to the merger. Afterward, DaVita selectively implemented additional fraudulent practices at the clinics it acquired and adopted some of Gambro’s wrongful practices and procedures at its own legacy facilities.
The suit alleges that the post-merger goals of DaVita were to increase wastage whenever possible for Vitamin D and iron drugs where the government paid for the wastage while ensuring that there was no waste of EPO. To accomplish this goal, the suit provides evidence of totally contradictory internal protocols that were used on most, if not all, of the 100,000-plus patients who receive dialysis treatments at DaVita centers across the United States.
The suit was filed on behalf of the U.S. government under the False Claims Act in the United States District Court for the Northern District of Georgia by a former Gambro/DaVita clinic director, Daniel D. Barbir, R.N., and Alon J. Vainer, M.D., a nephrologist who served as Medical Director of Gambro and DaVita dialysis clinics in Georgia.
So if someone in your family is on Medicare, it is time to be angry, very angry and to began to ask some tough questions of our members of congress of how one company could be fined and just do it again, and again and again. Any of us would be heading to jail. Thank God for this doctor and nurse who took a stand for their patients.
We encourage all of you to join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join. However, as I do have time I enjoy reading and participating in the discussion.
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Next week, July 1996, marks the 15th anniversary of the bomb explosion at Centennial Olympic Park in Atlanta Georgia, and lawyers for Richard Jewell, who died in 2007, and the Atlanta Journal-Constitution final fight might very well be over. A Georgia Court of Appeals ruled last week, and affirmed the dismissal of the libel case against the newspaper could signal that the final fight has ended.
L. Lin Wood Jr., who has represented Richard Jewell in multiple libel suits and upon his death represented his estate, has said he, “Will appeal last week’s adverse decision by the state Court of Appeals.” That would mean that either the Georgia Supreme Court, or even the U.S. Supreme Court, could decide to weigh in. If it gets to the U. S. Supreme Court I predict, with the using of the Court’s interpretation of the First Amendment of Free Speech in regards to campaign contributions by corporations, we could pretty much predict which way they would rule. Thus unless the Georgia Supreme Court takes the case the saga of a hero turned villain by the media has come to a close. Last week’s Court of Appeals ruling, which affirmed the dismissal of the case against the newspaper will be the end of the cases on behalf of Jewell. Lin Wood was dubbed by Dan Rather as the voice of the damned because of this case and other cases Wood became known, such the John & Patsy Ramsey libel cases, in regards to the tragic murder of their young daughter, JonBenét Ramsey.
Wood says his efforts have not been for nothing. “I do believe the Richard Jewell case made a difference. I do believe that responsible members of the media are more cautious now.” He adds, though: “I don’t think it’s deterred Nancy Grace much.”.
I would point out the recent lynching of Casey Anthony for three years before her trial by media such as Grace and others would go a long way of saying some of the infotainment passed as news have not learned much except for Grace’s screeching words of her own first amendment rights to feed the ratings game still ring hollow in many of our ears.
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In the last two weeks Lin Wood has been busy; “writing the book on starting a law firm in two weeks.” With two attorneys he has mentored over the years, Katherine V. Hernacki and Stacey G. Evans Wood has created the “boutique lawfirm” of Wood, Hernacki & Evans on May 9, 2011.
A major break-up you ask? No Wood moved his firm across the street and will continue to share previous cases with Bryan Cave attorneys. (I. E. the Estate of Anna Nicole Smith, the Estate of Richard Jewels and the defamation case of Jeff Greene). Both firms hope to share future cases as well.
So why did Lin Wood leave? “I spent most of my life as a plaintiffs’ lawyer. I don’t know that I ever got that out of my heart and soul, I’m not sure I’m the kind of trial lawyer that is comfortable in a 1,000-person law firm. I spent 28 years making compensation decisions in five seconds or less. It was a big learning curve to join Powell Goldstein and more so when the firm combined with Bryan Cave.” Wood went on to tell the Fulton Daily Report in an interview “Is Bryan Cave losing the person I believe is the best trial lawyer they have? Of course, but there are some great trial lawyers there who are aggressive and I want to continue working with them. I will call them when I have a significant matter and need a significant support team—and I hope they will call me.”
So what propel this to happen in just two weeks? A big whistleblower case that posed conflicts at at Bryan Cave which presented “actual and strategic conflicts”.
Wood is joining qui tam lawyers Marlan B. Wilbanks and Ty M. Bridges on a suit alleging fraud against DaVita Inc., the largest kidney dialysis chain in the U.S., which Wilbanks said could potentially be worth hundreds of millions of dollars.
Wood said Wilbanks and Bridges needed “a first-class trial lawyer” to help them with the case. “It was the case that broke the camel’s back,” he said. “I had to leave the law firm to do it.”
When asked if Bryan Cave would recruit another high-profile trial lawyer to replace Wood? “Lin is one of a kind,” said Thomas R. McNeill, the firm’s Atlanta managing partner.
When Wood, 58, gave up his own firm to join Powell Goldstein in 2006, he told the Daily Report that he expected to end his law career as a partner there. “I wanted to. But life is an adventure,” he said. How very true isn’t it?
We agree with L. Lin Wood and are glad it was an amicable parting because there really is just one L. Lin Wood, and it is good to see him return to his roots as a plaintiff’s attorney. We will continue to highlight cases that Wood is part of, he is simply the best at what he does.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
There is so much going on in all cases concerning Micheal Jackson’s Estate, Casey Anthony, Anna Nicole Smith’s Estate and Dr. Arnold Klein Bankruptcy turned into what seems is going to be another major event in the Jackson SAGAS.
Here are the papers on just the Michael Jackson Estate vs. Howard Mann and Vintage Pop, please also note on the right side of the front page is an updated scrolling court dates on a lot of cases I did this morning.
This Scheduling Order consists of the following dates and information involving the Estate of Jackson vs. Mann and Vintage Pop:
June 23, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media are to disclose information and confer on a discovery plan by this date.
June 30, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media “Rule 26(f) Report” due as required by Federal Rule of Civil Procedure 26 and the Local Rules of this Court.
July 14, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media Scheduling Conference at 2:30 PM
Then we have the bankruptcy of Dr. Arnold Klein which WAS to be discharged as of today and gone!!!! Surprise like all of the cases involving Anna Nicole Smith and her Estate and the parties who knew her. Klein’s bankruptcy has turned into anything but “normal”. I started going through the files this afternoon and suddenly realized there were mass Motions and Memorandum of Law and revolving lawyers and claims and counterclaims. It is going to take me most of tonight to just see which ones to pull for ya’ll. However here is the Schedule of hearings I have read today.
May 10, 2011 at 2:00 PM Status Hearing on Arnold Klein’s Bankruptcy
May 18, 2011 9:00 AM Hearing on Multiple Motions on the Bankruptcy of Arnold Klein
Then we have poor Casey Anthony standing trial in the media circus that is said by the judge it will be bigger than O. J. Simpson’s murder trial. The sad things is Casey Anthony does not have the money to buy the dream team O. J. had, another reminder in the U. S., you are entitled to the best defense YOU have the money to BUY.
We are going to do something interesting with this case and I will put up some links to papers you may or may not have about this trial.
May 9, 2011 Jury Selection begins in Casey Anthony First Degree Murder Case in Florida. Already we are getting Nancy Grace’s grating voice on commercial that “she will have a panel” to cover the highlights everyday on her show. Thank God for remote control for the television, because Grace is not going to be beamed into this house.
May 16, 2011 Opening statements due on the Casey Anthony First Degree Murder Case in Florida. Rose Speaks.com will be giving twitter updates throughout each day of the trial.
Ken is setting up some new gadgets that is going to allow us and those of you who want to, twitter throughout the trial each day as we watch it on Tru TV the old Court TV. If you want to participate let us know you do on our twitter that we are sending out in about 5 minutes and Ken will work the magic that allows all of us to do this.
Do y’all want Diamond Girl to set up an open daily discussion each day for this case in the Community she runs? Let her know and I am sure if she can she will get with you about how you want to set this up.
On Anna Nicole Smith Estate vs. Susan M. Brown and the Brown Law Offices, Ford Shelley, G. Ben Thompson et. al. Ms. Brown is going to represent herself, what is that saying about a lawyer with themselves as a client?
Here is a brief description of which dates are for what in that case:
May 13, 2011 Final Status Report due in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is G. Ben Thompson now
June 27, 2011, the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is Thompson now.
July 8, 2011 Mediation is to be complete in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is Thompson now.
July 11, 2011 the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) objections, any objections to use of a deposition designated by another party and any deposition counter-designations under Fed. R. Civ. P. 32(a)(6) in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 14, 2011 Motions in Limine must be filed by this date by all parties in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 14, 2011 Attorneys shall meet for the purpose of exchanging and marking all exhibits. See Local Civil Rule 26.07 in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 21, 2011 All Parties shall furnish the Court with pretrial briefs (Local Civil Rule 26.05) in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 28, 2011 Jury selections begins Attorneys and parties are expected to be available for trial of this case during the months of August and September 2011 unless the court notifies you of a later date in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Susan M. Brown and G. Ben Thompson will be Pro Se for the trial.
We are going to do brief lead in daily that Sprocket’s site of Trial and Tribulation are covering, so we will try to stay up with all of you, but expect papers and articles on other cases like Cynthia Sommer and Narcy Novak to be on the weekends during the Casey Anthony First degree murder trial.
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl runs that entire section don’t hesitate to contact her to make suggestions on how this forum is more user friendly.
Visit our Download Section for all documents on the cases we are following.
We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL. If you would like to do some articles for Rose Speaks.com send us that information and we will give you our rules for guest writers.
The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
In a telephone hearing today in the South Carolina Federal Court Magistrate Judge Thomas E Rogers, III made the following rulings after TELEPHONE CONFERENCE with the parties and counsel.
1. Howard K. Stern on behalf of the Estate for Anna Nicole Smith had agreed to the Attorney of Record to Withdraw and the Memorandum for reasons to withdraw be sealed The Court Agreed and Ordered that the reason be sealed and Susan M. Brown’s current attorney can and as of today has withdrawn from the case.
2. Stern offered to give The Brown Law Offices and Susan M. Brown thirty days to seek new counsel. Magistrate Judge Thomas E Rogers, III ruled Brown had only ten (10) days to find new counsel or would represent herself Pro Se.
3. Smith’s Estate had offered a “reasonable period of time for the Brown defendants to have discovery”. Magistrate Judge Thomas E Rogers, III ruled that; “Court will stay scheduling deadlines for a period of 10 days
4. The Estate says the only Motion currently pending before the court is the amount of attorneys fees that Brown and her firm owes for the Contempt proceedings, no ruling on that was made today. L. Lin Wood, Luke Lantta and Nicole Jennings Wade, lead attorneys are optimistic that a mediated settlement is possible but has not happened to date, therefore if necessary the Estate is ready for final Pretrial Motions to be filed and then a jury trial.
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