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.

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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

To Whom It May Concern:

It has come to my attention via a web site run by QV through court filings she received from someone that my name, address, phone number, place of work is being sought. My concern is why? If Ms. Arthur perceived I defamed her by an opinion about her published on a web site owned by allegedly “your star witness” if she is to be believed, the question I have for you is if my opinion was based on what your star witness published why would you seek me? For that matter what do you seek approximately 30 of the previous members of that “alleged” star witness’ site?

For the record, my opinions of Ms. Arthur are based on her actions at that time. I formed my opinion based on my own my life experiences.

I do believe in self-fulfilling prophecy and because you do not agree or like my opinion does not make my opinion any less valuable or without worth or at the very least consideration. For all of you doing the basing on other sites remember if QV did this to her previous site members, what will prevent her from handing over current site members’ information. Food for thought!

My concern for today is why is this “alleged” star witness whom owns a web site is publishing email address and letting us know you are looking for us if all parties agreed to keep that confidential? You must be aware how it looks from my perspective, out right defiant and attempting to control through fear. I am left to question do you respect law or do you use law as a tool to intimidate and cause undue stress? I wonder do you perceive this group of bloggers as a threat and why? I am merely a part of a group of bloggers whom understood the elements of this story and wanted to reach out and show kindness to a stranger. In my heart, I believe he never did the things he was accused of, and perhaps he even needed some kindness along the way.

Nothing you do will change my heart, the group that is associated with Ms. Arthur tried and they succeeded for a time but I grew strength during adversity and have become a stronger woman because of it. They published my name, address, phone number, place of work, putting that all on other sites including my listings on topix and went as far to put my husbands financial information on topix. It caused me both loss of money, [incomes] and great emotional stress. This continues to this day for any of us who might disagree with Ms. Arthur’s “alleged” blogging team. They justify going so far as publishing articles where I have been interviewed in charity work I have done in the past, it is amazing the amount of time these alleged bloggers for Virgie Arthur spend hunting down anyone that disagrees with them, bullies them, and then describe even our homes. Perhaps in this new age of cyber bullying and changes of laws this too needs to be addressed.

Due to the way the group of Ms. Arthur supporters have conducted themselves I am left in a position to fear the need to protect my family, something no blogger who openly discusses issues should have to be faced with, it is intimidating and it reminds me of thug like behavior. It is your right to disagree with me but it is no ones right to attempt to silence me with fear.

©Editorial Opinion of Daisy, whose monikers seem to being batted about with no care for any right of privacy.
December 6, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This editorial opinion is the sole property of Daisy, unless otherwise stated. This editorial opinion is based on the opinion and thoughts of Daisy. This editorial opinion does not necessarily reflect those opinions of the site owners and should not be construed as being reflected of the site owners’ opinions unless so stated. 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.

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

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

On November 4, in the Southern District Federal Court in Houston Texas the Court held a Status Hearing and set some dates. Via the Court Minutes on the Docket, we have a glimpse into what is left to do in that suit and the Court set Dates to have that completed.

The parties advised the Court that there were a total of seven depositions to be completed in this case. The Court has stated that all of the depositions in the Virgie Arthur vs. Howard K. Stern and CBS must be complete by January 16, 2009. Arthur’s lawyers was granted the taking depositions of Howard K. Stern and 5 of their choosing, of current or former CBS employees present at the interview that made the basis of this suit. CBS will take an additional two depositions. CBS did not indicate whose deposition they still had to take; wonder if that would be any bloggers? The Court also set the deadline that all Dispositivie Motions (I. E. Motion to Dismiss, Motions for Summary Judgment, etc.) are due in the Virgie Arthur vs. Howard K. Stern and CBS to the Court by February 6, 2009.

It would appear that the Court will set a pretrial conference and the trial date after the Court makes decisions on the multiple Motions to Dismiss for multitude of reasons expected to be filed after the taking of the last seven depositions.

It appears from the Court Docket of the Minutes that all discovery of in the area of subpoenas for records not covered with the above eight depositions are complete.

I have to wonder if we will see mention of the Clark/Vicedomine investigation in this case before all is said and done. It would appear that the “bloggers” internationally and in other states that came forward with records and sworn statements are not going to be used as any basis for this case since the interview was taped in 2006.

The Court also issued on November 5, an Order and Memorandum of Law from the Southern District Federal Court in Houston Texas denying all 3 Motions filed by Jonathan Lee Riches d/b/a Gordon Gekko as frivolous.

You can pick up the All of the documents related to this case opened to All not just members of Rose Speaks.com and then tell us what you think about the deadlines set by the Court; do you think this will ever make it to trial? Also be sure to join us in chat tonight to discuss these latest developments and to just kick back and enjoy the company.

©Rose Turner
November 6, 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, CBS, CBS Enthertainement Tonight, Charles "Chip" Babcock, Charles Babcock, Daniel Smith, Dannielynn, Dannielynn Birkhead, Don Clark, Don Clark ex-FBI, Entertainment Tonight, ET, Howard K Stern, Larry Birkhead, Lin Lin Wood, Lin Wood, Neil McCabe, O'Quinn's Don Clark Ex-FBI, Virgie Arthur, Wilma Vice, Wilma Vice Virgie Arthur, Wilma Vicedomeine

In what took all of us by surprise, very quietly, Robert Klein made a recovery from the flu, the mediation went forward, and the parties reached an Agreement. Howard K. Stern settled his lawsuit against John O’Quinn and the O’Quinn Law Firm for an “undisclosed amount”. With that one sentence 17+, month’s litigation comes to an end.

What will we ever know - NOTHING of the specifics. It will be dismissed with Prejudiced by Agreement of both sides and we will never know how much Lin Wood and team got in legal fees, or how much Howard K. Stern received to begin a new life. All that will be said in the future is “Both sides are pleased with the outcome”, and with that one of the biggest defamation cases to hit in many years, comes to an end.

Michael Allen Hanzman the Mediator selected by both sides and presented to the Court on October 18, 2007, worked his magic and turned in his report. Case Settled by Agreement of the Parties. Mr. Hanzman issued a Mediator Report, “all parties, [Howard K. Stern and John O'Quinn], and their counsel, [Lin Wood, Krista Barth, Neil McCabe and Robert Klein], were present, and that the case was settled in its entirety. The parties have executed a confidential Mediation Settlement Agreement”.

Since we know Lin Wood’s batting average on defamation cases, we will be left only to speculate what Mr. Wood was able to get for his client Howard K. Stern from John O’Quinn and the O’Quinn Law Firm. My bet is that Mr. Wood and Mr. Stern had drinks together tonight, and said, “Wow what a long road and now it is over, just that fast”.

Wonder what was in those depositions and confidential documents filed under Seal by Howard K. Stern on October 27, that the Mediator looked at and the meeting today was fruitful. We my friends will never know, but there had to be something there don’t you think?

Most cases that settle in Mediation, goes like this: a long day, but the Mediator is blunt about the facts, what can be proved at trial and what the chances are winning is to the defendant. After that is established in mediation, then it is merely the amount on the check, how much for the lawyers, and how much does Howard K. Stern walk away with after taxes.

The saddest thing to me in this bittersweet victory, a long time coming, is that the tabloid infotainment has moved on to the next big story. I would bet the farm that a public apology to Howard K. Stern was not part of the agreement; only the amount on the check will have to suffice Mr. Stern in this bittersweet victory. Vicedomine, there is no way to spin this one, one billionaire down in the Lin Wood and Howard K. Stern “team” in this lawsuit and how many left?

©Rose Turner
October 31, 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, Howard K Stern, John O'Quinn, Krista Barth, L. Lin Wood, Lin Wood, Neil McCabe, Rita Cosby, The John O'Quinn Law Firm, The O'Quinn Law Firm, Wilma Vice, Wilma Vicedomine

On October 29, 2008, Robert Klein filed an Emergency Motion request on behalf of his client John O’Quinn and the O’Quinn Law Firm to postpone mandatory mediation because Robert Klein has the flu. The Motion goes on to state that Neil McCabe is not updated on the case enough to permit him to understand the complexity of the mediation the Court has required prior to trial on December 29, 2008.

The Court granted the Request with an Order Granting John O’Quinn’s request to postpone the Court Ordered mandatory mediation from the previous agreed date of October 30 to be completed no later then December 1, 2008. It would appear the Court is still holding firm to the trial starting on December 29, 2008.

In Texas allegely 1,000 clients and the attorneys that sued John O’Quinn and the O’Quinn Law Firm on their behalf are still watching the settlement money go up in the amounts owed them as Joe Jamail and Mr. Krist say they know where the cars are when it comes time to auction them off in order to get paid. In Arizona, we have a law firm that is waiting to be paid millions also by O’Quinn and that suit went all the way to the ninth Circuit in an Appeal by O’Quinn, headed by Neil McCabe. We have a law firm and clients in Southern Mississippi, whom filed a lawsuit against John O’Quinn and the O’Quinn law firm in April of this year. The lawyers in that case are alleging that they had not received settlements on behalf of some of the litigants in that state and the law firm that tried the case with O’Quinn is alleging that they have not been paid the full amount they claimed owed to them. In the Mississippi case, John O’Quinn continued to file for postponements to prevent filing an Answer to give him time to work out a mediated settlement. After months of issuing additional thirty-day postponements the Southern District Federal Court in Mississippi Ordered John O’Quinn and the O’Quinn Law Firm to file an Answer to the lawsuit no later then October 23. O’Quinn filed an Answer on October 23, 2008, denied the claims and asked for a jury trial. Do we see a pattern here?

In the Howard K. Stern vs. John O’Quinn and the O’Quinn Law Firm lawsuit, it would appear that none of the co-counsels could handle the complexity of facts. From the filing, it would appear that Robert Klein is the only lawyer representing O’Quinn whom has the facts in order to meet for the mandatory requirement for mediation before trial. Roberta Mandel and Neil McCabe are unable to handle this type of complex mediation and McCabe had not set in on some of the depositions that the defense intends to use in the Mediation, per the Motion filed. It sounds from the filing that Robert Klein should be in the hospital as the flu can kill and he appears to be way over extending himself in this case as well as other cases in Florida.

So after all of the hoopla of we need an extension do any of us truly believe that O’Quinn will settle this out of court? I hope not, I want a trial and all of the facts including the blond ambitious Rita Cosby to play out in the Southern District Federal Court of Florida the last week of 2008. It should be a contact sporting event like none any of us have seen in modern day litigation.

While we are at this, who the hell is Gordon Gekko? He appears to be in a federal prison in South Carolina but claims to have been involved with Anna Nicole Smith and others to commit credit fraud. He filed on October 29, 2008, in the Southern District Federal Court in Houston Texas a MOTION to Intervene as Plaintiff under Fed R. Civ Pr 24(A)2, 24(B); a MOTION for Brief of Amicus Curaie, Friend of the Court; and/or MOTION for Reconsideration and Clarification. It was filed under his legal name of Jonathan Lee Riches a/k/a Gordon Gekko on the side of plaintiff Virgie Arthur. This guy goes from Anna Nicole, to Howard K. Stern, to Larry Birkhead to Janet Reno?? What is this hand written Motion all about? Is this a Halloween joke?

Pick up the newest papers in our download section open to ALL, not just members of Rose Speaks.com.

©Rose Turner
October 30, 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, CBS - Entertainment Tonight, Charles "Chip" Babcock, Entertainment Tonight, Gordon Gekko, Howard K Stern, John O'Quinn, Jonathan Lee Riches, Krista Barth, Larry Birkhead, Lin Wood, Neil McCabe, Rita Cosby, Robert Klein, The John O'Quinn Law Firm, The O'Quinn Law Firm, TMZ.com, Virgie Arthur