I have not read any of these papers yet except for the Orders issued in Texas State Court last week.

SOUTH CAROLINA LATEST FILINGS

August 5, 2010 Susan M. Brown’s Motion to Dismiss her and her law offices for multiple reasons.

August 6, 2010 Order Notifying G. Ben Thompson that the parties need to file a Response to Susan M. Brown’s Motion to Dismiss no later than September 10, 2010.

TEXAS STATE CASE LATEST FILINGS

August 2, 2010 Order Granting TMZ and Harvey Levin’s Motion for Summary Judgment. If Virgie Arthur wants to add TMZ and Levin she can file a Motion for rehearing if new evidence emerges or she can file an Appeal.

August 4, 2010 Order Granting Howard K. Stern’s Motion to Consolidate Rule 11 Contract Case with the Conspiracy to Defame case.

The Texas state defamation and conspiracy to defame case is stayed for discovery, Motions etc. ONLY as to Howard K. Stern for the next 90 days or unless the Court grants Art Harris Motion for Summary Judgment.

August 4, 2010 Order Granting Rose Turner’s Motion to add Busy Street Productions LLC as Designated Third Parties and discovery can go forward relating to audios, videos and alleged hundreds of pages of witness statements being held by officers of the LLC including Carol Martin and Art Harris in relations to the parties and fact witnesses involved in the allegations involving this case.

August 9, 2010 Virgie Arthur’s Motion to Quash Deposition by Art Harris and TMZ.com.

August 9, 2010 Virgie Arthur’s Notice of Submission for September 17, 2010 at 11:00 AM.

August 2, 2010 Art Harris Motion for Final Summary Judgment. The last three pages shows all of the exhibit filed, go through them and let us know which ones you want up first. Harris’ Affidavit will go up in the morning and after that the exhibits in the order y’all ask for. Remember I have a HUGE box of documents and it takes time to scan all of this.

August 2, 2010 Art Harris Affidavit to support Harris Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit B 6 filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit BB filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit D filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit J filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit P filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit Q filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit R filed with Harris’ Motion for Final Summary Judgment.

August 2, 2101 TMZ and Harvey Levin Exhibit B REDACTED filed with their Motion for Final Summary Judgment.

August 10, 2010 Virgie Arthur Drops Art Harris from case in a Non-SUIT Notice to the Court and all parties

August 12, 2010 Virgie Arthur Motion for Leave to Join Busy Street Productions as a defendant.

August 12, 2010 Arthur’s Exhibit B filed with Arthur’s Motion for Leave to Join Busy Street Productions as a defendant. Please note that both Harri’s site and Turner’s site is included in the proposed Sixth Amended Original Petition.

On Friday August 6, 2010 the First Court of Appeals denied Virgie Arthur’s request for a hearing en banc relating to Art Harris. That appeal is now over.

I will put up the massive amount of relevant papers regarding Art Harris Motion for Summary Judgment filed on August 2, 2010, as well as the videos now released in the public records. those filings will be listed in this article throughout today.

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
August 9, 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.

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

Tags: Amanda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Busy Street Productions LLC, Carol Martin, Celebrity Trials, Charles "Chip" Babcock, Chips Babcock, Dannielynn, Diana Marshall Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brwon P. C., Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Nicole Jennings Wade Esq., Rose Turner, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur

There are new filings in any of the suits surrounding Anna Nicole Smith yet this week. When we get some they will be here as we update.

That said I was trying this weekend to determine what the First Court of Appeals thinking in asking if counsel for Art Harris for a Response by this Friday.

I went and looked through some case files and here are my thoughts. Art Harris does not have to respond and I don’t look for him to before Friday May 21, 2010. So what will that mean? I think the First Court of Appeals will correct the factual errors and still rule the Orders remain in place because Judge Lindsay WAY overstepped the steps in appointing the Special Master Craig Ball. I think you can look for the lower Appellate Courts to begin to expand on the Weekley – Homes Supreme Court of Texas, and the First Court of Appeals will be expanding that ruling last year by applying it to the Court’s appointing Special Masters. There were glaring reasons under Rule 171 that the Court granted the Writ of Mandamus. I look for the Opinion to be reissued fairly fast next week but correct the errors and extend Weekley – Homes to appointing Special Masters. Let’s see if I am right or not.

TEXAS FILINGS ON MAY 17, 2010

May 17, 2010 Virgie Arthur Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit A filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit B filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit C filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit D filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit E filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit F filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit G filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit H filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit I filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit J filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit K filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit L filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit M filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit N filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Virgie Arthur Exhibit O filed with Response to Howard K. Stern Motion to Quash Deposition and for Protective Order.

May 17, 2010 Nelda “Rose” Turner’s Reply to Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties of Art Harris and Busystreet Production LLC.

May 17, 2010 Turner’s Exhibit A filed with Turner’s Reply to Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties of Art Harris and Busystreet Production LLC.

May 17, 2010 Turner’s Exhibit B filed with Turner’s Reply to Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties of Art Harris and Busystreet Production LLC.

May 17, 2010 Turner’s Exhibit C filed with Turner’s Reply to Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties of Art Harris and Busystreet Production LLC.

May 17, 2010 Turner’s Exhibit D filed with Turner’s Reply to Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties of Art Harris and Busystreet Production LLC.

TEXAS FILINGS ON MAY 18, 2010

May 18, 2010 Declaration by Neil McCabe in Support of Arthur’s Response to Stern’s filing of a Motion to Quash deposition and for an Protective Order.

Does anyone know the deadline for Anna Nicole Smith’s Estate filing for a review with the U. S. Supreme Court is due?

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
May 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.

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

Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Diana Marshall Esq., Harry Susman Esq., Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Richard Hess Esq., Rose Turner, Susman Godfrey LLP, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

Howard K. Stern cites fear of being “served” with a new lawsuit as reason to stay clear of Texas. One gets the feeling he actually might hate Texas the home of the “love of his life”, Anna Nicole Smith.

Here are the latest filings:

May 10, 2010 Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit A filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit B filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit C filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit D filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit E filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Howard K. Stern’s Exhibit F filed with Howard K. Stern’s Motion to Quash deposition of Virgie Arthur in Houston Texas.

May 10, 2010 Virgie Arthur’s Sur-Reply to TMZ – Harvey Levin Reply and Objections to Arthur’s Response to TMZ-Levin Motion for Summary Judgment.

May 11, 2010 Notice of TMZ – Levin Submission to Court to admit California lawyer Pro Hac Vice to the court set for May 17, 2010.

Filings from Last Week:

May 7, 2010 TMZ-Levin Objections and Motion to Strike Arthur’s exhibits in Arthur’s Response to TMZ-Levin Motion for Summary Judgment.

May 7, 2010 Court Order New Docket Control Schedules for Texas state Court case.

May 7, 2010 Court Order governing Art Harris Protection from Virgie Arthur’s Motion to Compel and what Harris must turn over not to be shared with any Pro Se litigants in this case.

Filings from this Week:

May 12, 2010 Defendant Rose Turner’s Motion for Leave to Designate Responsible Third Parties for Busystreet Productions LLC.

May 12, 2010 Turner’s Submission for May 24, 201 on Motion for Leave to Designate Responsible Third Parties.

May 13, 2010 Art Harris Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Art Harris Exhibit A field with Harris’ Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Art Harris Exhibit B field with Harris’ Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Art Harris Exhibit C field with Harris’ Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Art Harris Exhibit D field with Harris’ Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Art Harris Exhibit E field with Harris’ Response, Objection and Motion to Strike Turner’s Motion to Designate Responsible Third Parties.

May 13, 2010 Harris’ Notice Notice of Submission on Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

May 13, 2010 First Court of Appeals Request for Response from Art Harris due by May 21, 2010 if he disputes any of the factual information in Virgie Arthur’s Motion for Rehearing.

May 14, 2010 Howard K. Stern’s Supplement to Motion to Quash Deposition and for Protective Order.

May 14, 2101 Stern Exhibit A filed with Stern’s Supplement to Motion to Quash Deposition and for Protective Order.

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
May 12, 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.

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

Tags: 80th District Court Harris County Texas, Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Diana Marshall Esq., Entertainment Tonight, Harry Susman Esq., Harvey Levin, High Profile Trials, Honorable Larry Weiman, Howard K Stern, Judge Larry Weiman, Judge Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Rose Turner, Susman Godfrey LLP, Texas, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

May 5, 2010 Virgie Arthur Motion for Rehearing before the First Court of Appeals due to some errors in the Court’s Opinion.

May 5, 2010 Virgie Arthur’s Exhibit B filed with Arthur’s Motion for Rehearing before the First Court of Appeals due to some errors in the Court’s Opinion.

I did go back and read the Opinion but more important the filings by Art Harris with the First Court of Appeals and there is some factual errors in the Opinion with dates and Motions for Hearings. Harris counsel Charles “Chip” Babcock on filings appear to support Arthur’s reason to ask for a Rehearing. Rehearing does not equate Oral Hearing but is instead asking the Court to read the Opinion, the Court Docket for filing dates and then to correct any errors in the Opinion and see if that then allows Arthur to go forward.

May 7, 2010 TMZ-Levin Objections and Motion to Strike Arthur’s exhibits in Arthur’s Response to TMZ-Levin Motion for Summary Judgment.

May 7, 2010 Court Order New Docket Control Schedules for Texas state Court case.

May 7, 2010 Court Order governing Art Harris Protection from Virgie Arthur’s Motion to Compel and what Harris must turn over not to be shared with any Pro Se litigants in this case.

May 10, 2010 Virgie Arthur’s Sur-Reply to Motion to strike Objections and Response by TMZ-Harvey Levin’s Motion for Summary Judgment.

May 5, 2010 Ninth Circuit Court of Appeals Order denying the Estate of Anna Nicole Smith a Rehearing and also an En Blanc Hearing on her Appeal. Back to the Supreme Court?

In South Carolina in the Estate of Anna Nicole Smith vs. Ford Shelley, Ben Thompson et al. jury selection has been put off in that case until June 4, 2010. The Court has not papers up as to why the date was changed.

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
May 5, 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.

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

Tags: Anna Nicole Smith, Art Harris, Bahamas, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Diana Marshall Esq., Entertainment Tonight, Ford Shelley, G Ben Thompson, Harry Susman Esq., Harvey Levin, High Profile Trials, Horizons Law suit in the Bahamas, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Richard Hess Esq., Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

After being unable to reach an agreed settlement between Virgie Arthur and Teresa Stephens that was agreeable to both parties in the Virgie Arthur vs. Howard K. Stern, Larry Birkhead, TMZ et. al. defamation case and conspiracy to defame.

Today, March 31, 2010 Arthur has filed a Notice of Nonsuit in regards to dismissing Teresa Stephens from the Harris County Case

I do not expect any of the conditions of why a settlement was unable to be reached. However if either side does release a statement in regards to Stephens being released from the lawsuit pending in the Harris County 80th District Court by the Honorable Larry Weiman, Rose Speaks.com will attempt to get an on the record comment from both sides.

We here at Rose Speaks.com are glad to see Ms. Stephens, a blogger who lives in Texas, dismissed after almost two years and wish her all of the best.

In other filings with he court filed with the Court after 5 P. M on March 30, 2010, Art Harris has filed a “Conditional Motion to Quash” the deposition of Turner based on three reasons. The deposition is scheduled for Friday April 2, 2010.

Well let the games begin… In a filing full of false information (And God I hate to side against a good law firm), Amanda Bush on behalf of her client filed a Motion to Quash Deposition of Turner based on “At the time of filing this Motion, counsel for Harris has not received a response. On information and belief, counsel for Harris believes that Turner intends to quash the videotaping of her deposition late Thursday, April 1, 2010, and the Court is closed on Friday, April 2, 2010 for the holiday.” I hope this is one damn good witness Ms. Bush has and one with a LOT of money that can fight off perjury charges and a Civil Suit, because that statement is an out and out lie to the Court by an officer of the Court, which last I checked was pretty serious. Shooting back Virgie Arthur filed Turner had NEVER said and DID not intend to file any Motion to Quash. For those lawyers needing a refresher course I had until 5 PM today to file a Motion to Quash and Harris’ counsel knows that. The holiday, Mmmmm every lawyer that intended to be here had confirmed including Ms. Bush’s boss that he would even stay to Saturday to finish all of this up. So to say I did not want to be cross examined by him is bull shit, I asked if there was any way because of my illness if they could trade out time and try for both sides to wrap this up in six hours if not I would continue to do the best I could through Saturday. Folks this is why I am so angry at Harris for deleting those emails and documents, it seems the only person everyone agrees has not is me… I am hoping we can get an emergency hearing tomorrow and proceed. However it might be Harris’ attorneys strategy to stall until I am on pain management medication and can’t give a deposition before the hearing to bust Art Harris on April 30. What does a well respected Law Firm do when a client screws them over and leaves them to clean up the mess. I guess some consolation is that Harris is now in trouble in Florida in the Haleigh Cummings case for the very same situation he finds himself in the soup kettle in Texas. I will have a lot more to say about Harris’ credibility among his peers of independent investigative reporters and where he actually is when “out of town researching a big murder or case”.

LATEST PAPERS FILED IN HARRIS COUNTY COURT

April 1, 2010 Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

April 1, 2010 Art Harris Exhibit A filed with Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

April 1, 2010 Art Harris Exhibit B filed with Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

April 1, 2010 Art Harris Exhibit C filed with Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

April 1, 2010 Art Harris Exhibit D filed with Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

April 1, 2010 Art Harris Exhibit E filed with Art Harris’ Reply to Virgie Arthur’s Response to Harris’ Motion to Quash.

March 31, 2010 Rose Turner’s complete email exchange with Amanda Bush which was not filed by Art Harris.

I have not been sent a copy for some reason, but I have now received some confirmation of available for counsel to attend a video taped deposition of me in HOUSTON TEXAS by Art Harris’ counsel in their offices in Houston as early as April 5, 2010 or April 12, 2010.

April 1, 2010 Virgie Arthur’s Supplemental Response to Harris’ Reply on Motion to Quash deposition of Turner.

April 1, 2101 Virgie Arthur Exhibit A filed with Virgie Arthur’s Supplemental Response to Harris’ Reply on Motion to Quash deposition of Turner.

April 1, 2101 Virgie Arthur Exhibit B filed with Virgie Arthur’s Supplemental Response to Harris’ Reply on Motion to Quash deposition of Turner.

April 1, 2101 Virgie Arthur Exhibit C filed with Virgie Arthur’s Supplemental Response to Harris’ Reply on Motion to Quash deposition of Turner.

Folks I have never made it any secret from any of you are the attorneys that I was working diligently with the counsel for Virgie Arthur since last summer to reach a settlement to protect the rights of bloggers on this site to remain anonymous.

There are some papers concerning the Harris County Case up on the private forums for members only and will be put here on the blog as soon as they show up on the Harris County District Court website.

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 30, 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.

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

Tags: 80th District Court Harris County, Amanda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Diana Marshall Esq., Entertainment Tonight, Exclusive Rose Speaks.com, Harris County District Court, Harry Susman Esq., Harvey Levin, High Profile Trials, Honorable Larry Weiman, Howard K Stern, Judge Larry Weiman, Ken and Rose Turner, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Richard Hess Esq., Rose Speaks, Rose Speaks Exclusive, Rose Turner, Settlement in Harris County Defamation Case, Susman Godfrey LLP, Teresa Stephens, The Bald Truth, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

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

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.

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