Howard K. Stern – John O’Quinn Lawsuit Settled, Part of Don Clark’s Deposition Unsealed!
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Don Clark, Don Clark ex-FBI, High Proflie Trials, Howard K Stern, Howard and Anna, John O'Quinn, Krista Barth, Larry Birkhead, Lin Wood, Neil McCabe, O'Quinn's Don Clark Ex-FBI, POGO, Powell Goldstein LLP, The John O'Quinn Law Firm, The O'Quinn Law Firm, Virgie Arthur
Now we have that saying, “The lawsuit was settled amicably”, we are pleased with the outcome however, because of a Confidentiality Agreement, and we have nothing more to say. Voila!!!
The only surprise in the Stipulation for Settlement was that part of Don Clark’s deposition regarding this litigation, seven pages, would be unsealed by agreement. Wonder what is in that seven pages and if that is going to be used in one of the other multiple lawsuits involving Howard K. Stern or the Estate of Anna Nicole Smith.
The Florida Court issued its Order today, to Dismiss with Prejudiced, and accepted the Stipulation of Settlement and Order the Clerk of Court to Dismiss and close this lawsuit.
This one is down and how many more involving Stern and or the Estate of Anna Nicole Smith is there to go??
©Rose Turner
December 1, 2008
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Tags: Anna Nicole Smith, Daniel Smith, Dannielyn Birkhead, Don Clark, Howard K Stern, John O'Quinn, Krista Barth, L. Lin Wood, Larry Birkhead, Lin Wood, The O'Quinn Law Firm, Virgie Arthur
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Great News Rose!
Thanks!
That is interesting about part of DC’s depo to be ‘unsealed’…
Wonder if it is some of the same words Don said earlier? Like where he is continuing to say everything was HKS’s fault?
Where he basically was still defaming Howard with his false allegations.
What an idiot! He has lost his credibility if you ask me.
***OR BETTER YET! It is being unsealed because HKS needs it to help prove his case w/ Rita and the SC bunch????
Hey! For those from other places (that disagree with most of our members)…> This Florida suit was:
DISMISSED ‘WITH’ INJURY!!!!!!!!!!!!! O’QUINN SETTLED BECAUSE HE WAS GUILTY!!!!!!!!!!!
I like the sound of that “DISMISSED WITH INJURY”
That means O’Quinn paid for his outright defamation of HKS.
Beth
Isn’t it funny that the one and only news show that the recent ST. court hearings with McCabe popping off is the one that DC has a contract with and works for? Wonder who gave that tip off?
Wasn’t the Clark deposition a joint one for this case and the Cosby case? As far as I can see his deposition will still be sealed for the NY case. Will they now need permission from the judge in NY to use these pages in the case against Shelley, or the one against Speers and Hatten?
Roxanne dear!
How VERY Astute you are!
I believe they ‘help’ each other to fall deeper in that hole they keep digging for themselves!
I’m sooooo curious about what part will be opened as well!!!
Don Clark did a SEPARATE depo for Rita’s case, so that cant be it.
Possibly just a small admission of something they partook in? Like a snippet of paid bloggers? Or a snippet of why? Or a snippet of Marshall connection? Hmmmmmmm.
Where are yall seeing Injury at?
Lizzie, I was under the impression that Don Clark agreed to do 2 separate depositions during the same day. I guess I can see where he might ask for a part to be released for a different court, but all he would have to do is take a different depo for a different court, but that would save costs. I would think it would be a bombshell but thats just me wishful thinking. Kind of like, cant talk about it, but those few pages might just tell the story? Who knows…. Can’t wait to see tho
Here I go again trying to read between the lines. I do believe that Howard agreed to this settlement because he
got what he wanted out of it. I hope things are going well for him. I do believe he works diligently to make things right,
wish he wouldn’t have to work so darn hard at it.
If those pages from Don Clark depo. are no longer confidential won’t they be able to use them any where they want?
Won’t they be available to the public? Those pages must have been the hold out, something in them, is my guess
Howard wanted to move forward.
Still thinking Howard is the one doing all the work and Wood is not worth the money he is getting but that is only
my gut talking. Sorry but it’s the way I feel about Wood still.
Whatever Don Clark,depo has to say,I sure hope,it takes him off TV for good,Maybe ,if he is proven to be the liar he is,I will not have to hear him again on CNN,OR SEE HIS FACE.Knowing how he lied on Geraldo,I AM SURPRISED,he is still giving his advice and opinion on TV.
Don’t misunderstand me I appreciate Wood for helping just think he could have done more, not feeling real good about this one,
took to long to sign…something didn’t feel right about the way this one went down.
Hi Bev, yeah I can’t believe he is still on TV, just saw him a few days ago.
It is what concerns me about all these confidentiality and sealed agreements, the public is not aware of the truth and for the most
part it looks like they aren’t going to learn much if this pattern continues.
Beverly, the sad thing is that it is obvious he goes on the air for the sole purpose of lying. Why would they want to get rid of him?
I am very happy for Howard and Lin Wood. I think it is good for Howard to spend his time on the cases, it keeps his mind off other things and who knows the truth more than he does. I don’t think he would have been taken as seriously if not for Wood. I’m proud of both of them.
Butterfly,
‘Prejudice’ means Injury.
I will go find my old comment from another thread and repost it for you.
*Hope you and your family had a good Thanksgiving! ~B~
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http://www.rosespeaks.com/rose-blog/2008/11/15/can-l-lin-wood-litigate-in-front-of-a-jury-and-win/#comments (#235)
“Prejudice - refers to a loss or injury. “http://en.wikipedia.org/wiki/Prejudice_” (law)
DISMISSAL WITHOUT PREJUDICE: (can be re-filed)
“Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.
The present action is dismissed but the possibility remains open that the claimant may file another suit on the same claim.”
DISMISSAL WITH PREJUDICE: (can NOT be re-filed) [usually settled between parties]
“This directly differs from a dismissal without prejudice, in which the right of the claimant to file another case on the claim is barred.”
Thank you Beth
I kept re-reading and going where am I missing that?
Finally, Howard will carry on the rest of the journey and take the cases down one at a time.
Show OQuinn that he is not scared, he has the truth on his side.
Thanks Beth, you clear up the legal part… like a good glass of wine!
DAISY–BUTTERFLY—–I would love to know(and I will soon)which party,Howard or OQ,wanted part of Don Clark depo made public.Did OQ find out all information gotten by Clark was a big fat lie,therefore there was no choice for OQ but to settle?The main ingredient,in both of Howards cases is Don Clark.It has to be important,otherwise it would not be part of the settlement.Believe me,Howard is nobody,s fool.I do not believe for a second OQ got away with anything.
I agree Beverly. Howard is NOT a fool and neither is Lin. I’m sure O’quinn paid dearly for running his mouth. …HIGH FIVE TO EVERYONE !!!! YES YES YES
For an excellent explanation go to: http://wc3.worldcrossing.com/webx/.1de29bda/254
IMO Rachelle does a great job of winding up this case..
http://wc3.worldcrossing.com/webx/.1de29bda/254
Thought I Posted this but it’s not showing up…hmmmm….probably just me. Anyway Rachelle does an excellent job explaining this case at
http://wc3.worldcrossing.com/webx/.1de29bda/254
Rose, thanks for the update this is wonderful news.
Beth thanks for explaining the difference between Dismissal With/Without Prejudice it is very helpful. I was thinking the same as far as some of Clark’s depo being unsealed but it seems by reading some disagree, so I wonder why there was an agreement to unseal some of it.
Off Topic
Well I got my new addition to the family that I was telling you ladies about and Oops; it is a Boy! I had already picked him and at the time the person who had him did not know so needless to say, I will not be giving him the name Daisie [sorry Daisy] it just doesn’t seem appropriate for him
So I have decided to name him Ozzy.
Beverly [10] Daisy [11] I feel the more appearances that McCabe & Clark make on TV the worse it looks for O’Quinn and Virgie, this just being my opinion of course.
I agree JMA
JMA—–I agree,McCabe does not understand he is making his client look like what she is,money hungry.I am trying to figure out how McCabe thinks suing CBS and TMZ,will help Virgie,s reputation.They both know what she is after,
Wonder why my post are suddenly going to SPAM
HEy…that one worked! Anyway I was saying….take a lot at :
http://wc3.worldcrossing.com/webx/.1de29bda
A wonderful explanantion of this case
#3 Lizzie, I believe that Howard K. Stern could take a full-page ad out in Florida, Texas California, where ever and print those 7 pages for the world to read. The only depo. that the New York judge has jurisdiction over is the Rita Cosby and Hachette case. I am sure at the time this double depo of Clark was taken that they specified …Cosby depo ended, Florida and O’Quinn depo starts.
I don’t think Howard K. Stern or Lin Wood wanted the 7 pages as part of the “agreed settlement” for that purpose, but what will it will be used for? It could be used in the New York case; something said about Cosby; it could be filed with some Motion in the Texas cases. These 7 pages being part of the “agreement” is the real cliff hanger for me and one I hope we learned about why, and get to read one day.
Beverly I seriously do not think McCabe knows what he is up against as far as the Attorney representing TMZ & CBS. In my opinion, I feel McCabe is in for a rude awakening. If I m not mistaking is it not ET who has those e-mails from David Leigh pertaining to Virgie’s willingness to keep the feud going at any cost.
Rose I am with you; hope someday we all get to read those unsealed pages of Clark’s deposition.
Maybe that was the hold up on the agreement settlement,The woods team wanted those pages opened and the O’Quinn team did not or deciding if all or just part could be opened
#27 LOL, sounds like Lauren… missed discussing the cases with her
Me too Butterfly! (#31)
*Happy Holidays to you Lauren, Ivy, and the others that posted!
*I sure do miss some of the ‘good’ conversations back and forth!
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http://www.fjc.gov/public/pdf.nsf/lookup/SealSet3.pdf/$file/SealSet3.pdf
“SEALED SETTLEMENT AGREEMENTS IN FEDERAL DISTRICT COURT”
>Federal Judicial Center 2004 (172 pages)
This takes a minuet to load and it is many pages…. but the CONTENTS on page 3 shows an:
“Appendix C.-Descriptions of Cases with Sealed Settlement Agreements”
Butterfly!
I went to that link…
NOW, I see what you mean!
OMG someone posted Rachelle’s views from the link I listed here. I don’t think she would have wanted anyone to do that. I wrote to her and told her I did not do that.
NCUSer,
Where were her views posted at?
The link on #32 > ‘Sealed Settlement…’ I found in a google search.
Do you mean on this blog?
NCUser I read those views over at Topix too and was very impressed by the breakdown she did but I did not realize it was Lauren. Tell her what an excellent job and that she is greatly missed.
For me you Beth and Lauren, oh yes and of course Swims are the ones who explain these legal proceedings so perfectly that I can understand, without you all I would be at a total loss. With that, I thank you all for sharing your knowledge and brains
JMA, congratulations on your new addition to your family, great news.
Beth… I would almost bet on it
I was thinking about Ivy and Susieq the other day as well. I hope they are both doing well. I couldnt even find Ivy on my MySpace page anymore
Never mind, I found Ivy
I wonder why it doesn’t mention anything about legal fees. In most cases that a settlement is filed it is sealed. In those case you always see something about “attorney’s fees are to be paid by both parties.” Something to that effect. Anyway, this says nothing about that. I wonder if that means that O’Quinn has to pay HKS attorney fees?
We now have the rules for the Motion for Summary Judgment to be filed by Rita Cosby and Hachette Books and the Reply of Howard K. Stern to those Motions. Wonder if this is why we have those seven pages released from the Florida suit on Don Clark.
On December 2, 2008, New York Southern District Federal Court sets page limits on Rita Cosby’s Motion for Summary to 50 from the normal 25 Judgment and then Howard K. Stern’s reply can be 75 pages; Hachette intends to use the 25-page limit per the Civil Rules of Procedures.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=1251
So now, our attention shifts in part to the New York as Florida is officially closed even on PACER as of today.
Next up New York, let’s see what happens there…
NCuser, that was a great link. Thanks!
Hey ladies (and men!) I found this really cool website (compliments of ET online ads LOL) for kids that come from struggling families, drug addiction, violence, etc. that need a boost. All you have to do is click on their pic and can send them an instant message or a myspace message, etc. to help them make it through to their graduation. I love that these kids have the courage not only to ask for help, but I wish I could see their smiles when they do get a boost. So if you have some time, please give someone in need a lift.
http://www.boostup.org/
Daisy [37] thank you and yes we will enjoy having him, I so wanted to use your name though
Funny thing I am so used to girl kitties have not had a boy one around since before my son was born so it has been a long time. He is so adorable! I know all kittens are but he is cuter then the rest 
Roxanne [41] that would be icing on the cake if O’Quinn had to pay the legal fees as part of the settlement agreement then maybe it will teach not to go on national television and slander someone else. I am telling you there is no way O’Quinn’s Insurance carrier can be happy with having to put out all this money for his screw-ups, and we know there are many.
I too have been thinking of posters like Ivy and SusiQ and many others and wonder and hope they are all ok.JMA sounds like you are having fun with your kitten.And yes it would be nice to know he had to pay Lin Woods fees.LOL NCUser thanks for the link it was great.If we did not have Beth and others who can help with waht is going on a lot of us would probably be lost for sure.
That is so nice JMA (wanting to use my name) lol
Any of you want to chat, come on over.
JMA
I don’t know if it’s Lauren. Should I ask? I just love the way she explains stuff though….Helps a legal dummy like me!
NCUser, if you wouldn’t mind. Yes, I too love the way she explains things in order for this legal dummy to understand. Which is why I admire both she and Beth so much, they have made all legal filings so much easier for me to understand.