“IF” Art Harris Destroyed Thousands of Pages of Electronic Discovery what will that do to the Texas State Case? After reading the latest Ruling and Memorandum of Law by Judge Rosenthal in the Federal Southern District Court for Texas in Houston, very little at the end of the day except to extend the tedious discovery of documents from people and/or servers.

It does appear that Virgie Arthur might be able to be compensated by Art Harris in her expense to get those documents Harris deleted from other sources. It also appears to me the other negative thing is that discovery in going to be longer with perhaps more depositions then anyone thought or hoped might occur.

For this first part separate “the merits of the case if it goes to trial” from “the discovery of evidence” before deciding if there is ENOUGH to go to trial.

Let’s look at the discovery phase we are in at this point of the case now to see if Texas has jurisdiction over Howard K. Stern and Larry Birkhead since Special Appearances should be heard by statute before the case progresses. Remember Harris has waived jurisdiction and agreed to Texas having jurisdiction of him in the discovery phase. In this part because Stern has nothing to hide and his counsel L. Lin Wood jumped at getting the Yahoo server emails for his client from September 1, 2006 through March 14, 2008, remember I said the court ruled from the bench that Stern’s counsel could do two logs, one as “privileged” and the other as “relevance”. Looking at Judge Rosenthal’s latest Memorandum of Law in another case this now makes much more sense to me about why I did not see the “relevance” log in statute but Judge Larry Wieman ruled that it was necessary in the production from Yahoo.

The benefit to Arthur in this is that if, as I was able to do, Stern presents emails between Art Harris and himself that Harris no longer has, then Arthur could ask for part of the cost to obtain those documents to be awarded against Art Harris. Same with Motions and depositions, so in my opinion Harris could be found liable for more costs in getting to the “truth” because if others come up with emails that they have and Harris does not have then that goes to more evidence that Harris destroyed electronic discovery, [documents]. Which is why I am saying this could push discovery a lot longer than any of us I think had hoped. Depositions costs could be awarded for Arthur and against Harris if Arthur does get information from others or Harris as to why those doucments were destroyed, and I think that could be is expensive.

Now think “merits of the case. All of the defendants have from day one maintained and still maintains that there was no conspiracy to defame or any defamation of Arthur. However we now have to get from point “A” what Harris deleted to point “C” dismissing the case because it has no merits. Point “B” here could be a lot of added expense to “see if any evidence does exist” that would support Arthur’s allegations. I have never had contact with Stern however I seriously doubt any documents and emails Stern produces in connection with Harris is going to show any conspiracy there.

Harris might have had some professionally or personally embarrassing emails and documents on his computers but certainly nothing that would warrant deleting anything.

Then we have once Stern has produced documents of which he perhaps have emails to his sister or his attorney, Ms. Barth that I received eventually, will that open up the door for Arthur to now ask to subpoena the Yahoo server for Bonnie Stern’s emails? I have no idea since there is a default judgment for damages only in Texas. It appears from comments made by Arthur’s attorney, Neil McCabe, on March 12 to the Court that Ms. Stern is taking the position that the judgment removes her from Texas jurisdiction and so any fights for discovery involving her would have to be fought in California courts at this juncture.

How simple all of this would have been if Judge Lindsay had ordered emails from the Yahoo servers way back on December 11, 2008 and not began the wholesale order of computers to be imaged by Special Master Ball. I will always maintain that Ball is a very credible forensic expert. You need to think of him as a “computer” that plugged into other “computers”, [I know that is not very flattering to Mr. Ball], and then reported what he saw, NOT why he saw that, but just that he did see that. If you think of it that way you will see I hope that Ball has no idea what documents are important or not important to the merits of this case, only what he saw. Scott Bly filed two affidavits, the first one dealt in part of how impotent the Lulu folder was to get to Mr. Ball, and one of which Mr. Bly stated that someone accessed Ms. Stern’s computer network when she nor he was there and after the imaging as well. I have always thought the folders that Ball said were missing from Ms. Stern’s hard drives would have helped her defense not hurt it, [thus my analogy of Mr. Ball plugging in like a computer to her hard drives]. If we accept that hypothesis then the next question is who would have wanted those off of her computer enough to hacked in and remove them from her server.

So did Harris deletion of documents and emails ultimately hurt the case, I don’t think so, but I would bet I am not the only defendant a tad miffed with him right now. Perhaps Harris could have, with his electronic documents, shortened all of this discovery considerably, just as I did by turning over hundreds if not thousands of megs of documents, which then allowed Wood and McCabe to reach an agreement with the Court to shorten the list of 40+ people because, as we all have consistently said, they were not needed.

Here are the list of filings that Arthur filed yesterday, March 19, 2010, in the 80th District Court of Harris County to be heard in oral arguments on April 30, 2010.

Virgie Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit A filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit B filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit C filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit D filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit E filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit F filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit G filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit H filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit I filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit J filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit K filed with Arthur’s Motion to Compel Discovery from Art Harris.

Exhibit L filed with Arthur’s Motion to Compel Discovery from Art Harris.

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©Rose Turner
March 20, 2010
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Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

Per news and USA Today today the lead in story line is “Poor little Dannielynn Birkhead, 3. And we mean that literally.”

The 9th U.S. Circuit Court of Appeals in San Francisco ruled today that Anna Nicole Smith’s estate (i.e., Dannielynn, Anna’s daughter) is not entitled to a single penny from Smith’s husband, oil tycoon J. Howard Marshall.

Anna Nicole Smith’s case will not go back to lower court which awarded Anna Nicole Smith $88 million. So another trip to the U. S. Supreme Court? Will the insanity of the lawsuits end now that there is no money to fight over? There is no need for Larry Birkhead and Virgie Arthur to continue to fight over the guardianship of the money everyone hoped would be needed to take care it. Arthur said the money was tainted, now that there is nothing to fight over, will Birkhead allow Arthur to now visit a broke Dannielynn? It is possible for Smith’s Estate can ask for a rehearing, especially since this was a 2-1 vote. They could also take it back to the U. S. Supreme Court. I did contact some of the lawyers for a quote on the record, Virgie Arthur’s lead attorney, Neal McCabe said; “…except to say that we have not been involved in a fight over the so-called “Marshall money,” about which Virgie has not made a claim.”

Howard K. Stern can now be released as the Executor of Smith’s Estate, Larry Birkhead will keep Dannielynn and poor Dannielynn owes a LOT of legal fees the Estate has accumulated. Dannielynn at age 3 has to hope the Estate Property stolen with the money made on those sales will put some money in her bank account.

LATEST FILINGS IN HARRIS COUNTY BY VIRGIE ARTHUR A MOTION TO COMPEL ART HARRIS TO COMPEL WITH DISCOVERY. I HAVE ALSO INCLUDED THE CASE QUOTED SINCE IT IS FROM JUDGE ROSENTHAL THE FEDERAL JUDGE THAT ALL OF THE PARTIES RESPECTED.

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©Rose Turner
March 19, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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.

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Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

Judge Wieman of the 80th District Court of Harris County in Houston has put the trial date for Virgie Arthur vs. Howard K. Stern, TMZ, Harvey Levin, Art Harris et. al. off until September 27, 2010b due to a conflict by the Court for September 21, 2010.

This will move the last conference set by the trial coordinator also back from September 11 to September 13, 2010.

CBS FILES MOTION TO SEVER THEM FROM HARRIS COUNTY SUIT AND MAKE THE SUMMARY JUDGMENT FINAL APPEALABLE

After weeks of negotiating with Virgie Arthur’s attorney, Neil McCabe, CBS has filed a Motion to Sever and make the summary judgment final and thus able for Virgie Arthur to Appeal. However, since CBS wants to Sever from ALL of the other defendants where will this leave Art Harris’ need for a lawyer especially with his hard drives in question by the Court. Could Jackson Walker state, there is a conflict of interest now that they have seen part of Special Master Craig Ball’s questions, and if so can they now dump Art Harris as a client and leave him hanging by himself? If Neil McCabe agrees and Babcock leaves Harris, will the fact that Harris did really appear to have destroy evidence on his computers and external hard drives, will that help Arthur win? The Motion has been set via Notice of Submission for March March 29, 2010 at 8:00 AM plenty of time for Arthur to agree and join CBS or for Arthur to Oppose. This is going to get interesting. What if Babcock feels there is an ethical reason to remove CBS from Harris?

In other news Virgie Arthur filed her Reply to Howard K. Stern’s Response to Virgie Arthur Motions for Sanctions today, March 17, 2010. For those that state that Arthur’s counsel never quotes case law or decisions in Arthur’s filing this one is packed full of those references.

LATE NEWS ARTHUR JOINS CBS’ MOTION TO SEVER

FILINGS ON MARCH 18, 2010 IN HARRIS COUNTY STATE DISTRICT COURT. THIS INCLUDE THE PROPOSED CBS-ARTHUR ORDER TO SEVER CBS, AND THAT ART HARRIS HAS RESET HIS HEARING WITH AN AMENDED NOTICE OF HEARING UNTIL APRIL 30, 2010 ON HIS MOTION FOR PROTECTION.

I have not had time to go through all of the cases quoted but will do so and list those that I feel have a direct correlation to Arthur’s Motion for Sanctions on Stern and his lead counsel L. Lin Wood.

I don’t think there is “gamesmanship” between Wood and Neil McCabe as there is in most cases lawyers argue over, this is getting personal and I would not expect either one of them to invite the other to dinner EVER. Nor do I think at the end of these litigations that either will ever have a good word or thought for the other. That said Wood did send sincere condolences upon John M. O’Quinn’s tragic death so this to might just be “gamesmanship”. I still remember what Joe Jamail said upon O’Quinn’s death that they were never enemies that for a time O’Quinn had a picture of the two of them in O’Quinn’s office. However what stuck out to me is Jamail saying the ONLY enemy he ever had was the lawyer on the other side of any case. Thus when you get to attorneys at the level most of these operate in, the upper echelon then there are few lawyers you have very much in common with; thus the saying that lawyers only friends or other lawyers.

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©Rose Turner
March 17, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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.

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Tags: 80th Disctrict Court Harris County, Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Entertainment Tonight, First Court of Appeals Houston Texas, First Court of Appeals Texas, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Honorable Larry Weiman, Howard K Stern, Judge Larry Weiman, Judge Larry Weiman - 80th District Court, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

Tap Tap Tap Tap me, whatever pain or harm a wiretap can bring is nothing compared to the financial rewards that can land in the victim’s bank accounts. There is not one doubt in my mind that I was “listened to” during the days of Anthony Pellicano’s reign of terror. …To think of all that money slipping through my hands only because my government got hoodwinked by a self-taught private investigator in the art and wizardry of wiretapping and the storage of information. All at the hands of a computer geek and “The Pelican.”

I have heard through the grapevine MILLIONS were paid to make one “victim” go away, and even a couple of lesser victims got more than they could have ever dreamed of. However, there are people in the world that a million, 2 million, 3 million is a little like tipping the parking attendant a $ 10 bill: big deal for that parking guy, ain’t shit for the guy giving it…very similar here folks.

And in some people’s circles, when you put your ass on the line and “stay the course” it is expected that you and those close to you will be taken care of. That is real old school if you get what I am saying here folks. …And in the end what is a an old law career worth anyways, 1 million, 2 million, 3 million…well I think you are getting the point here. …

…Very rich divorce lawyers battling it out in the civil courts and one is guilty as hell and the other is a victim. The problem is the next payout will not be fast and easy as this last one. Damn, Tap Tap Tap away…as it is so often stated, the rich get richer, and the rest of us? We at least sleep well, right fellas?

Please visit Desperate Exes.com for to read the rest of John J. Nazarian’ article. Once again never say never because then something about what you think is a over lawsuit comes back to haunt you.

http://desperateexes.com/2010/03/15/pellicano-trial-tappity-tap/.

©John J. Nazarian
March 16, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, 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.

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Tags: Abner Nicherie, Adam Braun Esq., Anita Busche, Anthony Pellicano, Anthony Pellicano trial, Bert Fields Esq., California Criminal Justice, Celebrity Trials, Civl Suits in California, Daniel Nicherie, Desperateexes.com, Harland Braun Esq., High Profile Trials, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood Criminal Justice, Hollywood Gossip, Hollywood Justice, Hollywood Scandal, Hollywood's lawyers, Illegal Wire Tap, John J. Nazarian, John J. Nazarian P. I., Kevin Kachikian, Lisa Gores, Lisa Kerkorian, Little Abner Nicherie, Mark Arneson, Mark Geragos Esq., Marty Singer Esq., Nicole Kidman, Patty Glaser Esq., Pellicano Trial, Ray Turner, Sandra Carradine, Stan Ornelas, Stephen Kolodny, Terre Bowers Esq., Terry Christensen Esq., The Pelican, Tom Cruise, Tony Pellicano, Wire Tapping

Howard K. Stern mailed his Response to the First Court of Appeals on Friday, March 12 to be entered by the Appellate Court on March 15. Stern’s Response is to Virgie Arthur’s Motion for Sanctions against Stern and attorney L. Lin Wood.

March 12, 2010 Response by Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit A filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit B filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit C filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit D filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit E filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit F filed with Howard K. Stern to Arthur’s Motion for Sanctions.

Status Conference held with the Honorable Larry Weiman of the 80th District Court of Harris County on March 12, 2010 at 3:30 PM.

Those in attendance in person:

Diana Marshall for Larry Birkhead
Neil McCabe for Virgie Arthur with a young associate that I did not get the name when Mr. McCabe introduced him.
One or two lawyers for TMZ not sure if it was Richard Hess and/or Harry Susman, whoever was there for TMZ did not talk at all during the conference.
A male attorney from Jackson Walker that I had never heard the name before and he did not speak during the conference either.

Those in attendance by phone conference:

L. Lin Wood for Howard K. Stern who was on vacation in Utah and on a day trip up a mountain but wanted to be present.
Luke Lantta for Howard K. Stern who was in the office in Atlanta Georgia
Rose Turner who was in my home in Gladewater Texas.
Charles “Chip” Babcock entered the telephone conference partial through the conference but did not speak during the conference hearing.

The conference stated at 3:30 PM and lasted until almost 5 PM, other than introducing myself and asking one question about the Special Master Craig Ball although I was part of the conference by phone I took notes.

The main parties talking with Judge Weiman were Mr. Wood and Mr. McCabe.

Diana Marshall coming in for two rambling comments, that I thought could have been better stated in one or two sentences. However, Ken thought when I told him that perhaps it was one of those misdirections to get off of her client, Larry Birkhead doing a deposition before any hearing for a Special Appearance on Jurisdiction that he filed or providing the server he uses for emails. If that was the purpose she succeeded in running out the clock and not having any deposition or production of doucments or naming an email server of her client brought up by the Court or the parties.

Ms. Marshall was a good friend of John O’Quinn’s had ran in his social circle, belong to the same country club and knew him very well, HOWEVER that said, she has stated before that she never forgets who butters her bread, the client, in this case Birkhead. Ms. Marshall seemed to side more with Mr. McCabe then she did with Mr. Wood, although I frankly got lost in part of the two long ramblings I felt she did toward the Court and of course the clock.

The judge impressed me he knew the statutes and he controls his courtroom, he is cordial to all but he is a very smart guy and had a beautiful voice.

At one time they were referring to a Rule 11 agreement between Stern and Arthur that had been put in the record in 2008, Wood did not have a copy with him and Mr. McCabe did have it but was going to go through the file to pull it out, and INSTANTLY the judge had his copy from the jacket of documents he had related to the case and read it into the record himself. Now that was impressive to me and showed he had read all of the filings and anything else that might come up on Friday.

Mr. Wood pushed for a hearing on the long pending Special Appearance of his client, Judge Weiman asked if there had been a hearing at all on the Special Appearances and Wood and McCabe said something like briefly in December 2008. The Court spent time on Howard K. Stern’s deposition on both jurisdiction and merits asking at one time in order to move the case along would Mr. Wood be willing to have two depositions, one for jurisdiction and then if needed one for the merits of the case later.

The Court then asked why something in regards to Howard K. Stern’s deposition had not been decided before this time, and that brought up could Steve Sadow, Stern’s criminal attorney be there, which McCabe had previously not wanted and Wood had insisted on it. Mr. McCabe very quickly said he would be willing for Mr. Sadow to be present as long as he abides by Texas state statute, which allowed him to be there but not to talk, make co

Tags: 80th District Court of Harris County, Amamda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, CBS - Entertainment Tonight, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Chrystal Baker, Daniel Smith, Dannielynn, Diana Marshall Esq., Entertainment Tonight, First Court of Appeals Texas, Harry Susman Esq., Harvey Levin, High Profile Trials, Honorable Larry Weiman, Houston Texas, Howard K Stern, Jackson Walker LLP, Judge Larry Weiman, Judge Larry Weiman - 80th District Court, Ken and Rose Turner, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, QV - Queen of Vondonia, Richard Hess Esq., Rose Turner, Steve Sadow Esq., Supreme Court of Texas, Sweet Havana, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur, Yvonne Barnhart Waddle, Yvonne Waddle

Batter up! Well that is what it seemed when I saw two of my friends in court, Peter Lauzon, Esq. and none other than Neil Hersh, Esq. Peter is representing Jason Kendall and Neil is representing Chantel Kendall, and it is nothing less than “you’re out!” Jason Kendall is a ball player with the Kansas City Royals. Peter was nice enough to introduce me, and Mr. Kendall seems like a real nice guy. It was a 5-6 year marriage and I have no idea what went wrong, but certainly it seemed like it was 5+ very long innings. And I would not hold my breath waiting for any “overtime,” this game is “rained out,” for good.

I spoke to Chantel briefly and she too seems very nice, great-looking gal, tall and slender and she was carrying a great handbag. …Commissioner James D. Endman is presiding over the case, Neil Hersh and Peter Lauzon were very nice to each other as they postured for a serious bombing run of each others’ clients, the calm before the storm if you will. And with these two titans of divorce you know that it will get ugly, it has to and why you ask? Sean Stewart…who? SEAN STEWART, Rod Stewart’s kid…he is the other man! I am not sure when he popped up but he is there and it has to be a little chafing to Mr. Kendall to see him around his soon-to-be-ex wife.

It is reported that Chantel Kendall and Sean Stewart met in re-hab, …He too seemed like a nice kid and who am I to judge, we are all who we are. …

…But how cool must it be to be Rod Stewart’s kid? Sean has had years of difficulty with drugs and alcohol and has fought a tough battle with those demons. …the stress of a divorce can push even a strong and sober individual over the edge…remember, divorce is a nasty and horrible experience. …

To read the rest of the exclusive on Jason and Chantel Kendall’s Divorce be sure and visit Desperate Exes.com while there browse some of the other great writings by John J. Nazarian.

http://desperateexes.com/2010/03/09/sean-stewart-chantel-kendall-jason-kendall-major-league-divorce/.

©John J. Nazarian
March 10, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, 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.

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Tags: calm before the storm, Celebrity Trials, Chantel Kendall, Chantel Kendall’s Divorce, Commissioner James D. Endman, Desperateexes.com, DIVORCE, Divorce Hollywood Style, High Profile Trials, James D. Endman, Jason and Chantel Kendall’s Divorce, Jason Kendall, Jason Kendall baseball, Jason Kendall Kansas City Royals, Jason Kendall’s Divorce, John J. Nazarian, John J. Nazarian P. I., Kansas City Royals, Neil Hersh, Neil Hersh Esq, Peter Lauzon, Peter Lauzon Esq, Rod Stewart, Rod Stewart’s kid, Rod Stewart’s son, Sean Stewart, Sean Stewart rehab, titans of divorce

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.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
March 10, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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.

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Tags: 80th District Court Harris County, Anna Nicole Smith, April 17 2007 Virige Arthur article, Art Harris, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Certified Marriage Record, Charles "Chip" Babcock, Daniel Smith, Dannielynn, David Luther Tacker, David Luther Tacker Jr., Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall Esq., Donald Ray Hart Jr., George William Tacker, Harry Susman Esq., Harvey Levin, Honorable Larry Weiman 80th District Court Houston, Howard K Stern, Interrogatory, Judge Larry Weiman, L. Lin Wood, Lin Wood, Literally true, Luke Lantta, Lyndal Harrington, Neil McCabe, Paralee Allman, Richard Hess Esq., Richard W. Hess, Rose Turner, Substanially True, Summary Judgment, Susman Godfrey LLP, Teresa Stephens, Texas Defamation Statute, Texas Department of Health Birth Roll, The O'Quinn Law Firm, TMZ Article Virgie Arthur, TMZ Productions Inc., TMZ.com, Virgie Arthur