Howard K. Stern batted three out of four, Rita Cosby Pitched John O’Quinn a Walk, is this Baseball?
Posted by: Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Elizabeth McNamara, High Proflie Trials, Howard K Stern, Howard and Anna, John O'Quinn, Larry Birkhead, Lin Wood, O'Quinn's Don Clark Ex-FBI, Rita Cosby, The John O'Quinn Law Firm, Wilma Vice, Wilma Vicedomine

In three out of the four Court Rulings handed down in Florida and New York, Howard K. Stern won three; Rita Cosby gave up her right to privacy so John O’Quinn could win one; baseball anyone? On the other hand, would that be Cosby punted the ball, as in football, to O’Quinn for a possible score?
On October 10, the Florida Federal Court for the Southern District struck two of the three Motions for Summary Judgments filed by John O’Quinn and the O’Quinn Law Firm. The Court left in place its previous Order granting Howard K. Stern until October 27 for his legal team to file a Response for the third Motion still before the Court. That Motion for Summary Judgment is based on the theory of “Absence of Actual Malice”. It would appear that the Florida Court did not buy into it was the new, not as well trained secretary who stayed until 11 PM last Friday night, whom was at fault. My guess is she will not see a bonus in her paycheck; wonder if she was paid overtime to wait for the paperwork to come in from Texas? Don Clark’s Affidavit was faxed to Florida after 8 PM Florida time, and John O’Quinn’s affidavit was faxed later it appears after he had returned from trial. His signature was below the line, which clearly shows in my opinion he was rushed or tired. Friday, October 3, 2008 appears that it was a very busy night in both the Texas law firm of O’Quinn and the Florida law firm representing O’Quinn and his associates.
Then moving further up the east coast on October 8, 2008 in the New York Federal Court for the Southern District issued an Order that Rita Cosby can share all of her personal depositions and all of her confidential documents with the O’Quinn legal team for the Florida suit. However, Cosby’s legal team CANNOT share Howard K. Stern’s depositions and confidential documents absence a Court Order from Florida. Remember, this is the court, Florida that is, who will not get involved if either side missed deadlines on Motions to Compel; or say simple interrogatories; Requests for Admissions and Subpoenas for Records. Was this a back door end run around the Florida Court’s ruling to help out the O’Quinn legal team, or what Cosby’s lawyers stated, just wanting to basically make sure nothing was filed “selectively” by Stern’s lawyers. You know kind of like the allegations that O’Quinn has done that in the Florida case this whole time. I remember in the Texas federal Court where the O’Quinn legal team actually cut and pasted Stern’s jurisdictional deposition and it was Lin Wood who had to file the complete transcript of that deposition with the court.
My question is why would Cosby’s lawyers offer up Rita Cosby to the Florida Court and even more alarming the possible jurisdiction at a later date of that Florida Court? Could this possibly be used to further Stern’s allegations of a conspiracy between the New York people and the Houston people in that alleged conspiracy to write that book? Will Cosby’s lawyers hand over all of Cosby’s information over the weekend to help the O’Quinn legal team during the deposition of Wilma Vicedomine on October 13 and Don Clark on October 14? Will Cosby want her lawyers to rethink giving over her extensive files of confidential documents and the video transcripts of her depositions? If Cosby approves this, could she find herself in the middle of the Florida trial being impeached by her deposition in the New York suit by handing all of this over?
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I will have a new “game” up for us to play over the weekend, and I promise it will be mind stipulating as well as we hope fun, so stay tuned and check back.
©Rose Turner
October 11, 2008
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Tags: Anna Nicole Smith, Daniel Smith, Don Clark, Hachette Books, Howard K Stern, John O'Quinn, Rita Cosby, The O'Quinn Law Firm, Wilma Vice, Wilma Vicedomine
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well well… This is an interesting article. Rita screams privacy and protection only to possibly give it all up. This was a potential slick move that got shut down thankfully. The bigest problem outside the impeachment would b the oquinn law firm attempting to c what rita said exactly as to prevent wilma from admitting more than she ‘has to’. She will try to give up only what they already know.
and ritas team trying to help the oquinn law firm out by giving up HKSs discovery becuz they sat on their ass. HILARIOUS! No freebies for oquinn. I think if rita wantd to share then screw all this sealed stuff and open that dang deposition!
i wanna play! Heres an idea. List each lie of this saga and match it up to who said it!
WELL, GOOD MORNING EVERYONE——-The one thing OQ needs to prove to the court, statements made with no malice,So by enlisting Rita Cosby,s help,I presume,it may be to fry Don Clark,s butt.To me it seems the one common denominator,in every case is Don Clark and Wilma First we get to hear,about Clark,s reputation as a FBI agent,Rita source for her (explosive book),is Clark and Wilma,Rita already said that.So now they have need for Rita to back OQ,and say OQ was duped, he believed,Don Clark.The one thing OQ seems to forget is he is a OFFICER OF THE COURT,and I do not care what program he has been on,When the puplic hears a lawyer speak,they tend to believe every word comming out of the lawyers mouth.DONE ONCE A MISTAKE,DONE TWICE DELIBERATE INTENT TO HARM,CONTINUE TO SAY THE WORD AND IT IS MALICE
MY QUESTION——Why? would Don Clark,deliberatly lie to his boss,and put him in this position,and why also would he lie to Rita Cosby,Clark in his superior wisdom,is the liar in all of Howard cases,I am still trying to figure out why Clark,(so respected) yelled out BINGO at the Bahama inquest,it is so unprofessional,very unbecomming a federal agent.It was because he thought he had Howard,O SAD TO BAD.maybe when all is said and done,howard can go after Don Clark.
Well I guess this just shows what we all expected O’Quinn and Cosby have been tag team partners from the beginning.
What I would really like to know is why Rita Cosby a onetime respected journalist would involve herself so deeply into this saga. Why a former FBI agent would involve himself? Why did Wilma feel the need to get involved; someone we the public had never heard of until this saga?
My though/opinion is to make themselves a household name by joining the cause of conspiring to defame Howard Stern along with O’Quinn and company.
Maybe they should have thought about the consequences that would lie ahead before making that move.
It does not take an Einstein to know why O’Quinn added Clark’s FBI history/ credentials. O’Quinn felt by adding Clark’s credentials it would look impressive to the courts, which in turn the courts would have to believe old Donnie boy [Bingo man] to be credible with what he supposedly found in his so-called investigation of Howard K Stern.
Beverly you are right, Clark shouting out “BINGO” at Daniel’s Inquest was very unprofessional.
The way I read the order from NY was that HKS asked first, got what he wanted, then O’Q said I want it too (and more). I was confused about the Wilma & Clark depositions. Were they talking about depos out of NY or FL? Anyways it looks like HKS has him some Rita documents to use in reponse to O’Q’s motion for summary judgment.
Good Morning Butterfly and Beverly!
*Butterfly, LIE #1 > Clark said he was NOT A SOURCE for Rita’s Book.
http://www.artharris.com/2007/12/10/bald-truth-exclusive-daniels-monday-inquest-team-virgie-mr-controversy-pow-wow/
“…and maintains that he is “nobody’s source.” Great article of Art’s. 22 small paragraphs…
*Beverly, you have stated that just perfect!
“DONE ONCE - A MISTAKE, DONE TWICE - DELIBERATE; INTENT TO HARM, CONTINUE TO SAY THE WORD - AND IT IS MALICE.”
Very true and very insightful, thank you for thinking of it that way!
I do not think Don lied to O’Quinn, I believe in my heart and gut that O’Quinn (Don’s boss; who pays him for each task he performs) told Don to do any and all in his power to show that HKS is not a good guy; and get him out of Virgie and his way… to have access to Dannielynn, then control over any potential Marshall monies. I believe that Clark and O’Quinn used Rita to spread their made-up innuendos of Howard and Larry to accomplish: getting both of them out of the way. I honestly believe after Larry fired Opri that she helped O’Quinn and Rita. Thing is… I honestly do not believe that Rita would put her reputation on the line! I think the saying; ‘Dumb as a suitcase of rocks’ or however it was stated… is very true! I believe that Rita believed this stuff at first.
About yelling, “BINGO!” It was the MOST UNPROFESSIONAL thing anyone could do! I think that he (Clark) sat there in the courtroom day after day… and nothing was being said to harm HKS… and in his eyes with whatever was stated he thought it would make their conspiracy stick.
I think that Don Clark would be included already in the lawsuit, one of the ’does’ of O’Quinn and O’Quinn Law Firm. His name was not listed in the initial filing, as they (HKS & Lin Wood) did not know everyone’s involvement at that time. Yes, I bet that in the end, Don Clark and Wilma V. will be named in this defamation case of O’Quinns!
*JMA, I bet that even though we have never heard of Wilma… that she had worked and did vicious acts for O’Quinn law firm before! Otherwise they would not have let a ’first-time’ lay investigator [or - instigator!
] on a high profile / public case like this. In my way of thinking anyway.
JMA——-All roads lead to Marshall money and the child Dannielynn,Rita,I think is revenge,along with Virgie,only Virgie wanted revenge plus Marshall money and Dannielynn money.and can you image if they were to have gotten away with there plan,(1)the books would come fast,furious,they all had plans of swimming in money.(2)After OQ got to be executioner,of Dannielynn estate,all of OQ FIRM,would have had a good bonus.But while they were trying to hang Howard out to dry,THEY HUNG THEMSELFS,IF any one of them were to write a book now,who the hell would believe them.
Opps! Did I say; “vicious acts”?? (in the second to the last line of comment #8) I meant ‘various acts’…

Beth [8] I think you may be on to something there concerning Wilma’s involvement with O’Quinn & Co. I agree.
Beverly you are right it definitely has something to do with the Marshall money.
Beth I answered you on the housekeeping article that yes I did get the msg about the song from Bones, I love that show we watch it every week, and I had really like the song that was played last week but could not quite place it. Thanks for that info. it is a good song.
Butterfly
Rita’s lawyers can hand over her deposition and any papers they want to when it involves Rita only. They can’t hand over anything concerning HKS unless the Fl. court orders them to do so. I don’t see that happening because the judge would then have to go back on the order he issued saying he was done with any discovery and wouldn’t be involved in it anymore. The New York judge is saying “hand over whatever you want to about your client but that better be all you hand over unless otherwise ordered by FL.”
O’Quinn still doesn’t get HKS depo for their case because they sat on their hands probably thinking they had it in the bag and would have it dismissed. I don’t know why everyone is getting so excited over him asking for summary judgement. It’s standard, in cases like this, to ask for that before a case goes to trial.
thanks jma..thats how i understood it as well. I think its crazy that she asked for all this protection and then wants oquinn to have her stuff. I dont think anything should b sealed or that she gets to pick who sees it etc.
Rose I like your reference to a game of sport.
In baseball it would be “stealing bases”. In wrestling, it would be tag team. If football it would be a “reverse flea flicker. lol. None of those tactics always result in a score.
Some time ago I posed a question in jest….Is Clark working undercover to bring O’Q down? IMO it seems that it might be happening, undercover or not, by the way DC conducts investigations. lol I would hope that Judge Chin would say…if the documents are available to some, then they are available to all.
Raven
HKS already has Rita’s deposition. This was a backhanded play for O’Quinn to get HKS depo and other records, ie financial, etc… in the Fl. case because he sat on his hands and for some odd reason didn’t think it important enough to ask for any kind of discovery in Fl. before the cut off deadline and the judge isn’t going to make HKS comply with any request that O’Quinn makes now. I’m sure they are curious as to how much Rita gave up on Wilma and Clark but this was mainly about trying to get documents on HKS.
My main question is WHY would Rita’s lawyers suddenly, out of the goodness of their heart, offer to hand over all documents to O’Quinn. Something smells and it don’t smell like daisy’s.
Actually I’m seeing this a little differently than Rose is. The way I read the letter is that it was Lin Wood who initially requested that he could use the testimony and documents in Stern v. Cosby for his response to O’Quinn’s motion for summary judgment. Apparently Cosby’s counsel gave O’Quinn a heads up on it and O’Quinn snapped back by requesting not only that they be given Cosby confidential materials but also Stern’s as well. The judge said yes to Cosby’s and no to Stern’s without the court in Stern v. O’Quinn ordering it.
I have thought all along that this was the reason Wood did not fight the protective order in Stern v. O’Quinn and suggested to that court that it use the same protective order that was being used in Stern v. Cosby. By having the same protective order in both cases, he can easily use the evidence he acquires in Stern v. Cosby against O’Quinn in the Florida suit without having to deal with confidentiality objections since the same protective order applies in both cases.
The only bad news for us may be is that Wood’s reply to O’Quinn’s motion for summary judgment may be sealed because of his use of the Cosby material.
IMO this is less like a game of baseball or football and more like a game of chess where you have to think many moves ahead and may have to sacrifice a few men to win the game.
BTW one of my favorite movies of all time is “Searching for Bobby Fischer”. I highly recommend it if you’ve haven’t seen it.
http://www.youtube.com/watch?v=nDZSqnzXQJc
Interesting view Ann. I guess I will have to go read that letter sooner rather than later.
It has already been ordered that there is no crossing. Neither party can use documents from another court case in a different case UNLESS that court orders it. Woods wouldn’t be able to use anything from New York in the Fl. suit unless he had a court order from the Fl. court to produce it.
Ok I read it.
I agree it seems to have originally started with Woods asking to use Rita’s depo in Fl. in anticipation of the summary judgement request. Then O’Quinn came in and tried to backhand the court saying only if we can have HKS stuff and the judge said NO. You can turn over Rita’s but you can’t turn over HKS. In reality, HKS depo in NY has nothing to do with the summary judgement issue or Wilma and Clarks upcoming depositions. I still see it as trying to get around their failure in Fl. to do anything. The judge I think saw that and stopped it. Rita, at least I would consider, is a potential “witness” in Fl. and therefore it makes her…. I don’t really know how to put it without it coming off wrong, but it seems that both parties having her depo couldn’t be as big of a deal as O’Quinn suddenly skirting around his mess up and gain acess to HKS depo. in NY.
BTW
What the hell is he talking about “afraid Stern will file selectively?” Well duh. Attorneys always file selectively what they think will help prove their case. Just because you may have some kind of info. doesn’t mean you HAVE to present it.
That is is exactly what I read too, Ann. Posted the same a ways back, more or less.
Roxanne, maybe I’m reading it wrong but the letter seems to be saying that in a conference on September 26, Wood did request from the judge that he be able to use testimony and documents from the Cosby suit in anticipation of O’Quinn’s motion for summary judgment. Cosby didn’t object. Since the judge is allowing O’Quinn to see her confidential materials, it does appear that the judge granted Wood’s request. I see no other reason for O’Quinn to be given access to that material. In other words, O’Quinn is allowed to see the material Wood uses from Stern v Cosby to ensure what he uses is not used selectively, but that’s all he’s entitled to see unless the Florida court orders it. At least that’s how I’m reading it.
Good comments. Apparently, I was only thinking in terms of contact sports.
You’re right to compare it to chess, although I just can’t think of O’Q’s strategy in terms of chess. He should just lay his king over and be done with it. IMO I am a fan of Bobby Fischer and have seen the movie.
Roxanne [19]
O’Quinn is not a party in the NY suit. He personally can’t demand anything from the court. All he can do is request. The judge granted his request in part in that he can see the material Wood uses from Stern v. Cosby in his response to O’Quinn’s motion for summary judgment to ensure that what Wood uses is not selective, i.e. taken out of context. That’s a reasonable request. The request for Stern’s confidential material was not seen as something O’Quinn is entitled to see merely by request. In order to do that O’Quinn would have to justify that request before that Florida court and have the Florida court order it. Then the NY court would comply with the Florida court’s order. I doubt that will happen.
Why on earth would Rita want to help out O’Q team when DC said he was not her source and she says he is?
LIANN———-I think the bus is about to crush Don Clark,I can see his boxer shorts waving in the breeze.the saying misery loves company comes to mind
With is other job on fox noise I believ maybe he doesn’t care if hes thrown under the bus or maybe his pay is enough that his honor and self respect don’t matter to him any more JMHO
Hmm——-Have you ever watched Mike Brooks on CNN,now there the kind of Federal Agent(FORMER) that has all my respect,there is a world of difference between Don Clark and Mike Brooks.When you sell out a well respected agency,and sell out your badge,to me your lower than a flee.Alot of agents are proud of there title,Don Clark using it for profit.ALso to me you cannot compare CNN NEWS AND FOX,One is news and the other appears to be playtime or Tabloid/
All good take on the Orders and Letter, very thought provoking and I love the way you all challenge each of us to look beyond the obvious to the underlying points.
I have a very detailed article up about what would you ask Wilma on Monday based on the rules that Lin Wood, Elizabeth McNamara and Douglas Maynard can ask her in that short time of 7 hours. I am looking forward to all of your take on that…
I never said he could demand anything. There are 2 seperate issues in this article. I think you are misunderstanding me or maybe I’m just not getting the point across. I agree with you to a point. O’Quinn does ask to have access to Sterns documents and it is denied by the court. That is what I am talking about. It is O’Quinns attempt to gain access to Sterns documents and depo because he didn’t do anything in the Fl. courts and now the court in Fl. isn’t going to make Stern hand anything over and O’Quinn knows he’s basically out of gas in Fl as to asking for documents in Fl.
It says
Concerned that such information might be used selectively and in anticipation of the depositions of Don Clark and Wilma Vicedomine on October 13 and 14, 2008, counsel for the DEFENDANT’S (O’Quinn) in the O’QUINN action have now REQUESTED access to the confidential testimaony of MR. STERN and Ms. Cosby in this action. DEFENDANT’S (Cosby) have similarly not objected to this request, provided the testimony remains confidential consistent with the protective orders in place and that any testimony be filed under seal should the testimony be used in support of any motion. PLANTIFF’S (Stern) counsel has refuesd to agree to such and exchange.
Accordingly, we respectfully ask the Court for leave to provide the O’QUINN counsel WITH THE CONFIDENTIAL TESTIMONY OF MR. STERN and Ms. Cosby produced in this action provided that any such information be filed under seal should it be used in any motion.
Then the judge comes back and says
Plaintiff’s (Stern) objection to the production by defendents (Cosby) of PLANTIFF’S(Stern) depostion to the O’QUINN defendant’s is SUSTAINED, unless the court in the O’QUINN case (Fl. court) orders STERN to produce them. Defendant’s (Cosby) may produce Ms. Cosby’s confidential materials to the O’QUINN defendants, as long as they are kept confidential and filed in that case under seal.
What that says to me is that O’Quinn said “ok, if Woods get’s to use Cosby’s NY stuff in the Fl. suit then we want to use it along with Sterns NY stuff for ourselves in Fl. Judge would you please order it so because we can’t get Mr. Wood to allow us to take his clients depo, finanical records and anything else that Cosby might have for the NY suit and the meany won’t let us use it in Fl.
The judge says “sure, you (Cosby) can hand over Cosby’s NY stuff to O’Quinn because she doesn’t object but you can’t hand over Stern’s NY stuff to O’Quinn because they do object.
To me it’s a backhand grab at Sterns stuff because O’Quinn never filed for any of it in Fl.