On the night of December 15 into the early morning of the 16th for about seven to nine hours, on PACER were the filings of Elizabeth McNamara’s Declaration in support of her client, Rita Cosby’s Motion for Summary Judgment with exhibits A – HH.

After the seven to nine hours that the documents were on PACER for the whole world or those of us with PACER accounts to download, Ms. McNamara filed a letter with the Court dated December 16. She was both advising the Court that the exhibits had been filed in error and requesting that she be allowed to file her Declaration corrected. Her letter went on to state she had contacted the other counsels in this case and had also contacted the Clerk of Court to remove the documents because some of them should have been filed under Seal. The Court granted this request on December 17, and Ms. McNamara got a “do over” on December 19, however, she also filed corrected versions of ALL of Rita Cosby’s filings that were due and had been filed with the Court on time by the Court’s Ordered due date of December 15. We have not yet completed rechecking those documents compared with the Originals filed on December 15 to see if any of them had been changed or redacted. However, all of those filings from both December 15 and December 19, minus the infamous document number 73 remain on PACER for everyone to download.

Rose Speaks.com did in fact download that now infamous filing of docket number 73, the Declaration of Ms. McNamara with all of the exhibits attached. We have struggled since the morning of December 16 as to whether to put up these documents including the Exhibits marked “confidential” or “highly confidential” filed with Ms. McNamara’s Declaration. We have pondered whether any of the other parties and/or their legal counsel involved in suits in other jurisdictions, (I. E. Texas both federal and state; California probate, South Carolina etc.), some of which have the same parties in those cases had downloaded the documents. Since they, [the papers], were put up in error by Ms. McNamara then that brings up the question of was any of the three versions of the Agreed Confidential Orders the Federal Court in New York had issued previously, each time tightening up the previously filed Agreed Order to protect the privacy of the parties? I have to say on a side note that what Ms. McNamara filed in error, makes those fourteen pages of Rita Cosby’s deposition filed by Lin Wood back in November 2007 look like a minor mistake and one hopefully that NOONE ever refers to in the future. Like with these papers, Rose Speaks.com had on November 29 - 30 downloaded those papers at 11 A. M. making Lin Wood releasing them to Art Harris after 5 PM on November 30 a moot point.

However, I regress to other days and other papers filed in error and not under Seal as the Federal Court in New York had intended and displayed by the additional Orders issued by the Court. The infamous document 73 with exhibits contained four of the eight excerpts of depositions referred to in Ms. McNamara’s Declaration. These excerpts of depositions were clearly marked confidential. I cannot begin to imagine the horror and personal violation that each of the four people whose excerpts were filed in error must feel. Some of the excerpts referred to delicate financial information with exhibits attached including one of the person’s social security number. The other filings that were marked confidential or highly confidential were multiple documents filed in the California Court regarding Dannielynn’s paternity in the fall of 2006. Clearly, both the California Family Court as well as Larry Birkhead never intended for any of these documents to be filed for the world to read. The documents ALL showed “highly confidential” marked on each of four exhibits of documents, including affidavits involving that suit filed under Seal as is my understanding required in Family Courts in California where a minor child is a subject of the suit. Mr. Birkhead’s attorney Michael Trope placed “highly confidential” on those documents before releasing them per a Court Order.

Other documents filed in error included the copy of the Royal Bahamian Police Affidavit filed by Ford Shelley on November 17, 2006, after the fight about Horizons had become front and center both in the Bahamas Courts as well as the Court of public opinion. There is also a partial filing of Howard K. Stern’s Affidavit filed with the Royal Bahamian Police dated September 10, 2006.

Ms. McNamara, in her Declaration, has marked exhibit R as being filed under seal and showing it redacted on her declaration as to the contents of the exhibit, in actuality all ten exhibits marked as exhibit R were filed by Ms. McNamara, some filed on December 16 and the rest filed on December 19 with the “do-over”. Exhibit R refers to the Court Proceedings, in the Bahamas related to Daniel Smith’s death and inquest.

After almost a week of discussions between Ken and myself weighing the “right of the public to know” versus the “right of privacy of these individuals” we have made a decision as to what to put up from this infamous filing of document 73 and what not to put up. We will NOT put up any of the four excerpts of depositions with exhibits filed in error. We will NOT put up any of the documentation involving the filings under Seal in 2006 with the family courts in California marked “highly confidential” in the accidental filing by Ms. McNamara on December 15. We did upload those exhibits that referred only to the CDs filed with the Court that were marked either “confidential” or “highly confidential”. We are also making available to download exhibit X, which is a brief excerpt from the book “Big Beautiful Doll” by Eric Redding. Although that exhibit is marked confidential since anyone can buy the book we felt like nothing in the Stern vs. Cosby case would be compromised. Exhibits BB and CC are identical except for about 15 pages marked “confidential” or “highly confidential”. Since this appears to be hand written notes by either Rita Cosby or her ghost writer Bruce Littlefield, those pages have been redacted and removed from what is available for you to download.

We hope you understand what we have gone through this week as we struggled with what we felt was the appropriate documents to put up for all to read. We hope each of you understand those documents we elected not to put up was strictly based on the fact we firmly believe those person’s involved, especially Dannielynn, “rights to privacy” trumps you the public, “right to know”.

Lawyers make mistakes as this filing clearly demonstrates. Hopefully, throughout the rest of the lawsuits involving these same people and lawyers, Lin Wood included, instead of the “mantra” of, (fill in the blank with a lawyer’s or party’s name here), cannot be trusted will now change. Our hope is that based on this horrible accident that in the future, as exampled in the case where Wood released 14 pages of a deposition, that the “mantra” of not being able to trust a lawyer and/or party will now be replaced with a sincere apology. As well as to figure out how to avoid in the future damage done by this type of mass filing of confidential papers which were available to the world via PACER for seven to nine hours.

These documents are in our download section, opened to ALL, not just members of Rose Speaks.com.

There will be two more articles up today. One debunking either Hachette’s filing for Summary Judgment including declarations and exhibits or the debunking of Cosby’s filing for Summary Judgment including declarations and exhibits. The second article that will be put up today will be about Casey Anthony and what happens now in that sad saga since the remains of Caylee have now been found.

©Rose Turner
December 21, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Bruce Littlefield, Daniel Smith, Dannielynn, Dannielynn Birkhead, Douglas Maynard, Elizabeth McNamara, Eric Redding, Ford Shelley, G Ben Thompson, Hachette Books, Howard K Stern, Jack Harding, L. Lin Wood, Larry Birkhead, Lin Wood, Michael Trope, Patrik Simpson, Pol' Atteu, Pol' Atteu and Patrik Simpson, Stancil "Ford" Shelley, Wilma Vice, Wilma Vicedomine

In the Howard K. Stern vs. Rita Cosby and Hachette Books, on December 11, 2008, there was a letter addressed to Judge Denny Chin from Elizabeth A. McNamara requesting the Court for permission to file Motion for Summary Judgment for Rita Cosby and Hachette Books under seal. The Court DENIED the request to file the papers under seal “except that the parties may file a set of papers publicly, with confidential exhibits omitted and references to any confidential matters redacted, with a second complete and unredacted set that will be filed under sealed”.

Looks like the New York Court is going to allow us to see publicly some of the information that Cosby and Hachette is attempting to show in the Motions for Summary Judgment due to the Court by December 15.

What do you think we will be allowed to see and gleam for the filings due on Monday? Debunking chapter 13 will be up this weekend, lot’s to discuss in this case as well as several others we are following.

Remember that ALL documents filed in this case are in our download section, opened to ALL not just members of Rose Speaks.com.

©Rose Turner
December 13, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Barth, Bryan Cave LLP, Daniel Smith, Dannielynn, Dannielynn Birkhead, Douglas Maynard, Elizabeth McNamara, Howard K Stern, Jack Harding, Jackie Hatten, Jay Patton, John Patton, Krista, L. Lin Wood, Larry Birkehead, Lin Wood, Luke Lantta, Nicole Jennings Wade, Powell Goldstein LLP, Rita Cosby, Tom Bednarek

The newest nine papers filed in the Texas State Court lawsuit that we have access to, are now up. ALL OF THE EMAILS IN ANY OF THE EXHIBITS REQUESTING PRODUCTIONS OF PERSON’S PRIVATE EMAIL HAVE BEEN REDACTED AND THOSE PAGES HAVE BEEN REMOVED FROM THE EXHIBITS BEFORE I UPLOADED THEM ALSO MOST OF THE NAMES OF INDIVIDUALS HAVE BEEN REMOVED OR THE PAGES THEY ARE ON HAVE BEEN REMOVED WHERE WE COULD AND STILL KEEP THE ANSWER TO THE QUESTION IN TACT. If you see something additionally that should be redacted please email us and we will redact those as well.

Howard K. Stern’s Response to Virgie Arthur’s Opposition has a couple of new and interesting facts alleged.

Virgie Arthur filed a Second Amended Original Petition has been filed with the latest alleged new facts and attempting to add Larry Birkhead as a defendant but the date to join additional parties was December 1. There is no way to predict if the Court will allow additional joiner of parties this late lawsuit.

The rest as you know we cannot comment on because one of the co-owners of Rose Speaks.com is a defendant currently in the lawsuit.

http://www.rosespeaks.com/modules.php?name=Downloads&cid=22.

©Rose Turner
December 11, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Dannielynn, Dannielynn Birkhead, Howard K Stern, Larry Birkhead, Lyndal Harrington, Nelda "Rose" Turner, Nelda Turner, Rose Turner, Teresa Stephens, Virgie Arthur

This article will be enlarged tonight with more of my thoughts about these Motions coming up and what we will be allowed to see.

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.

So now, our attention shifts in part to the New York as Florida is officially closed even on PACER as of today.

I think now is a time to debunk the rest of chapter 13 of the real blond ambitious, Rita Cosby.

You can find all of the documents in our download section, opened to all not just members of Rose Speaks.com.

©Rose Turner
December 2, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Daniel Smith, Dannielynn, Dannielynn Birkhead, Don Clark, Don Clark ex-FBI, Douglas Manynard, Elizabeth McNamara, Howard K Stern, Jack Harding, John Patton, Krista Barth, L. Lin Wood, Larry Birkhead, Lin Wood, Luke Lantta, Mark Speer, Nicole Jennings Wade, O'Quinn's Don Clark Ex-FBI, Randy Scott Zelin, Rita Cosby, Tom Bednarek, Wilma Vice, Wilma Vicecomine

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
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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

Today would have been Anna Nicole Smith’s forty-first birthday, and Howard K. Stern will turn forty this year either a day before or a day after, I can never remember which.

Today in the Bahamas comes one more promise made over a year ago as Anna Nicole Smith’s Estate in California was opened and the months of making sure her sole heir, Dannielynn Hope Birkhead was exactly that, her sole heir. Not Larry Birkhead, not Howard K. Stern but the daughter, which as part of her name picked out by Anna Nicole is “Hope”.

I never followed Anna Nicole Smith in life, as many of you did. I came to know her in her death with the start of the burial proceedings in Florida in February 2007 and now we find ourselves here today reflecting over the almost two previous years.

Today very quietly, the monument for Anna and Daniel Smith’s graves is being laid in a private ceremony for her daughter Dannielynn Hope Birkhead, her father Larry Birkhead and at their request a very inner circle of those whom Anna Nicole Smith loved and trusted. Howard K. Stern will be at the graves to see the stone placed, in one more promise he made the day the Estate opened in California. It is etched with the favorite picture of Anna’s of her and Daniel together; the picture that is on this page. Other than that, the rest of the monument’s appearnace has not be released.

I remember what Judge Seidlin said in tears in Florida, something like you two men work together give this baby girl a chance. I am sure one of you can find the exact wording. Do you believe it is all about the money that Stern and Birkhead have worked together for the last 18 months, is for the two of them or for Anna Nicole’s baby girl?

Dannielynn and her dad, Larry Birkhead is filming a reality show of raising Anna’s daughter and being a single dad. Howard K. Stern is still handling the Estate of Anna Nicole Smith in the U. S. as well as the Bahamas, to make sure that Dannielynn is Anna’s sole heir and that the money goes into a trust as Smith would have wanted to take care of her daughter. Birkhead and Stern both find themselves in other cases yet to be decided, but this is not the day to let our thoughts wander to those Courts.

After today one man continues to film, a reality show set for release this spring with the girl many have nicknamed “America’s baby”. The other man fades into the shadows; he has always appeared to me of never liking the red carpet but preferring a much more modest life.

Today though let us just pause and contemplate that the monument that was promised; once the perfect stone was found, once the etching in that stone was perfect, it would be laid over mother and son. That promise to Dannielynn for her mother comes about today through I am sure in some part due to the graciousness of Larry Birkhead. Birkhead gave us a glimpsed into today in his interview with a magazine a couple of months ago. I would think we would not have known of today if Birkhead had not told us, so many of you who were fans of Anna Nicole Smith in life have him to thank for allowing all of us to know the monument will be placed today, on a grave, overlooking a lake in the beautiful Bahamas.

Rose Speaks.com has become successful by our coverage of all things Anna Nicole Smith and yet we too have begun to move to other celebrity or high profile cases.

However, those can wait to begin again tomorrow. We stop today to wish for all who loved and still misses Anna Nicole Smith wherever you wake up or spend today, our deepest condolences, thoughts and prayers go out to you on the lost of a beautiful woman, a beautiful star that burned out way before her time.

©Rose Turner
November 28, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Daniel Smith, Dannielynn, Dannielynn Birkhead, Dannielynn Hope Birkhead, Howard K Stern, Larry Birkhead, Virgie Arthur

Why did Howard K. Stern and/or John O’Quinn file a sealed document, unnamed on November 18, to be sure the Court had a copy before the deadline for the Show Cause Order due no later than November 19.

In the filing by O’Quinn’s lawyer on October 31, requesting the Court to release them from all Court Order productions of any future documents the Motion filed by Robert Klein stated in part:

“This matter was fully resolved during a confidential mediation on Thursday, October 30, 2008. Pursuant to the mediation agreement that was executed by and between the parties, a stipulation and order will be submitted to this court, memorializing the agreement, and providing for the retention of jurisdiction by this court for the enforcement of the terms of the settlement. It is anticipated that the draft order will be submitted to the Court at some point toward the middle part of next week.”

On November 4, the Magistrate for the Southern District of Florida issued an Order granting the Motion in part and denying it in part stating the following:

“The Court notes that the parties have ten (10) calendar days from their notice of settlement of October 30, 2008 to file a joint stipulation of dismissal with prejudice. If that is filed and the Court dismisses the case with prejudice, the parties will be relieved of their discovery duties. Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Defendants’ Motion to Be Relieved of Obligation to Produce Financial Statements Pursuant to Magistrate’s Order [DE 243] is hereby GRANTED in part;
2. The Magistrate Judge’s October 24, 2008 Order [DE 234] for Defendants to produce financial discovery documentation described in the Order is hereby STAYED until November 10, 2008.”

So what is going on? In the other cases I found on PACER where Lin Wood was the lawyer for defamation cases as well as other defamation cases I pulled to compare, they are all pretty straightforward IF an agreement is reached. They each file a “Stipulation of Settlement”, including providing the retention of the court involved having jurisdiction for the enforcement of the settlement. In the ones I have found, they normally say that a settlement has been reached that the parties are filing the “Stipulation” with the Court, and that the “Stipulation” shows that each side will pay their own legal fees. This is followed up within a few days with a Motion and Order to Dismiss with Prejudice and then PACER will show the case “terminated”.

Why did that not happen in this case as stated in Robert Klein’s filing that such a stipulation was expected to be filed with the Court for approval around November 4 or 5? What is in the “Sealed Document”? Well here is my “GUESS”.

I think some mild problem in the wording of the settlement or something one of the parties thought of after the mediation and wanted that included in the final papers. My guess is the Sealed Document probably outlined for the Court in detail what had been worked out, what they still needed to work out and the date they thought it would be completed. Remember when Robert Klein filed that he had the flu, the court did extend mediation until December 1. My feeling and OPINION, not FACTS but OPINION, is that as long as the parties are working hard; making a good faith effort to resolve any wording on the Stipulation; and has it completed by December 1, then all will be well with the Court. However, did O’Quinn have to turn in his financial statement and information after November 10? On the other hand, was that also addressed in the Sealed Document filed on November 18? We will just have to wait and see won’t we.

One of our members Fifi was kind enough to look at how she perceived Lin Wood’s history of working multiple cases involving the same client(s) and came up with this “long term” plan. Fifi stated she feels based on if she sees the situations applying to a situation of multiple cases in multiple jurisdictions; some over lapping with parties, third person non-party witnesses; and containing some of the same allegations and/or parties. “Lin’s history he usually has a long term plan. There are three basic steps he usually follows, sometimes they overlap, but generally, it’s a slow process. Step 1 - Quell the media storm. Step 2 - Litigate against the most extreme defamers. Step 3 - Rehabilitate the client’s reputation.”

Perhaps Lin Wood decided if there is to be a court fight that New York is the better case to prove the allegations against Howard K. Stern in black and white, pun intended.

I will be taking a detail look at the following writing by Mr. Wood, “Suing the News Media in the Age of Tabloid Journalism: L. Lin Wood and the Battle for Accountability 2006”. We invite you to download this in our document section and share your thoughts with us.

The documents for this case as with all of the cases we are following are opened to ALL and not just members of Rose Speaks.com.

©Rose Turner
November 21, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, Daniel Smith, Dannielynn Birkhead, Howard K Stern, John O'Quinn, L. Lin Wood, Larry Birkhead, Lin Wood, Robert Klein, The John O'Quinn Law Firm, The O'Quinn Law Firm