Seldom do I ever get a chance to just unwind and relax and think nothing except just the food I am eating. Well I got together with a ‘re-new’ old friend, does that make any sense? Let me explain, I met Daniel DiCriscio years ago, a very long time ago. He was employed at the Jose Eber Salon and had just launched his music career. Funny as it seems I remember that CD and it was not bad. I was developing my new business and offices and Daniel was busy with his hair and as I said his music. This guy has some real talent other than being ‘Daniel’. Go ahead and Google him, after you Google me.

Recently his mom died and we communicated both by phone and email and I could hear the pain in his voice as well as in his writings. His emotions were ones that had escaped me during similar circumstances that I had and I felt bad that he was at a loss in his mother’s death. We spoke further and again, it was good for me in away that is hard for me to explain.

Well through the last couple of years Daniel has assisted me in a few projects and he, like myself are tough to miss. He has a presence! The great blond hair and of course his style of dress, too bad those in power during the Anna Nicole Show missed him and found that ‘mess’ who played too many episodes. Booby Bobby or Bobby Boob, whatever. The two of us make an interesting ‘set’, black and white, sour and sweet, Beauty and , well enough, you get my point.

I suggested we get together for a bite to eat and the amazing thing here is that we are both very entertaining when it comes to the rich and famous. It was to the point I was wondering how have we missed what could be one of the best duos since Dean and Jerry, Amos and Andy, Jan and Dean, and maybe even Mutt and Jeff. My point here is that we could both have a new career, we had each other laughing and on serious points we were both on target. Especially, our thoughts on Anna Nicole Smith as well as others both in and out of Hollywood. My perspective is sarcastic and stinging; Daniel has what I call a ‘snap’, like get over it. Call me a little odd, but I was very entertained and realized it was just him and me.

I am posting this picture to make my point, when it comes to ‘Hollywood Insiders’ no one can come close to either one of us. And we both understand how far to the line we can come after all of these years bumping around Hollywood. Speaking for myself, there are things that I would never speak of and a book, is never going to happen. For Daniel the stories about Elizabeth Taylor alone could fill two chapters in his book. My time with Miss Taylor could fill maybe ten pages….thanks Adam! I recall my first encounter with Peerez Hilton and thought, “ Beast “, and having to do a short pilot with him, Lisa Stanley of KRTH ( she is the best ) and Ryan Seacrest’s assistant, what’s her name……the painful part was Peerez Hilton…and those feet!

All I am saying is watch, there could very well be some very interesting ‘tea’ coming along and presented in away that only two people in this town could present, John & Daniel or Daniel & John……that will be a hump to stroll over…..in time.

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©John J. Nazarian
March 22, 2011
Used with the permission of John Nazarian P. I. – writer
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The expressions in this blog article are based on the opinions of our featured author, John Nazarian, 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.

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Tags: a ‘snap’, ABC Network, Access Hollywood, Amos and Andy, an interesting ‘set’, Anna Nicole Show, Anna Nicole Smith, Anthony Pellicano, Beauty and, Beauty and Beast, Beverly Hills, black and white, Bobby Boob, Bobby Trendy, Booby Bobby, both have a new career, both in and out of Hollywood, both on target, both very entertaining, bumping around Hollywood, Call me a little odd, Carlos Diaz, CBS-ET, Celebrity Trials, Daniel & John, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Daniel DiCriscio music career, Daniel DiCriscio's CD, Dean and Jerry, Debra Opri, Desperateexes.com, E Online!, each other laughing, Elizabeth Taylor, Entertainment Tonight, Extra Tv, Google him, Google me, Harvey Levin, He has a presence, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Hollywood Insiders, Howard and Anna, hump to stroll over, Jan and Dean, John & Daniel, John J. Nazarian, John J. Nazarian P. I., Jose Eber, Jose Eber Salon, just him and me, like get over it, Lisa Stanley, Lisa Stanley of KRTH, Mutt and Jeff, NBC Network, no one can come close to either one of us, no one can come close to us, one of the best duos, Peerez Hilton, Phil Spector, picture to make my point, PrezHitton.com, rich and famous, Rita Cosby, Rose Speaks Exclusive, Ryan Seacrest, Ryan Seacrest’s assistant, sarcastic and stinging, serious points we were both on target, ShowBiz Tonight, sour and sweet, Stanley Mosk Court House, stories about Elizabeth Taylor, style of dress, TMZ.com, very interesting ‘tea’ coming along, we are both very entertaining, years bumping around Hollywood, “ Beast “

Thanks for the emails of concern, I appreciate them, actually I have begun to trace my family from the U. K. via the May Flower in 1620 and forward… it is additive… however have no fear I am back and will be putting up a new article at least every other day while we catch up on all of the cases we are covering not just all things Anna Nicole Smith, Howard K. Stern etc.

NEWEST PAPERS IN TEXAS CASE:

June 1, 2010 Court Order with new Docket Control Dates, as well I expect this all to change again because of the pending hearings, Motions, depositions, etc. I just don’t see it being done by August 17, 2010 regarding Discovery let alone the Writs decided by the First Court of Appeals and the Howard K. Stern Motions set for hearing on August 6, 2010. I see the Court once again changing all of the dates.

June 8, 2010 Virgie Arthur’s Notice of hearing on all Motions pending against Howard K. Stern on August 6, 2010 at 2:30 PM at the same time Stern has all of his Motion’s set.

June 9, 2010 Letter from her to her mother from 2000.

Excepts Anna Nicole Smith’s Diary from 1991 and 1992.

I am putting this up because I believe they have been public since probably 2007, just not easily located. By going through the diary excerpts I found several interesting things. 1.) Anna Nicole Smith was a very screwed up woman, however she knew what she wanted any child to look like and it was not Howard K. Stern. 2) Stern was so in meshed with his love and/or addiction to Anna Nicole Smith that he would have said and done anything she wanted. 3) That goes along with what many of you have said but I was unable to believe and that is Stern knew all along that Dannielynn was not his daughter but Larry Birkhead’s which is kind of sad he was willing to lie for Anna to have a baby and no father. I think Anna desperately wanted love and feared being alone, the diary shows she was a very lonely woman IMO. It also shows she appears to have been attractive to abusive men, I found that interesting. How sad she finally got the blond hair blue eye baby she so wanted before Daniel grew up and left home; a child loves unconditionally and I see a woman in here that displays that over and over again. I think the significance I see in this is that Virgie Arthur is going to be able to show that Stern lied and attack his character and credibility on those facts. So to those of you who told me over and over again that Howard K. Stern knew he was not the father, you had greater insight in to all things Anna Nicole Smith and I did not. I remember when the DNA was announced and I called Krista Barth and cried on the phone with her for poor Howard, boy did I call that one wrong.

June 11, 2010 Order to remove Turner’s Medical Records from the Harris County Clerk public site stating the records are protective under TRCP 76a(2)(a)(2) based the access of the medical records is otherwise restricted by law.

MORE PAPERS WILL BE UP AS WE GET THEM ON ANY AND ALL CASES.

HOUSEKEEPING DOCUMENTS FROM THE NINTH COURT OF APPEALS

May 6, 2010 Anna Nicole Smith’s Estate Motion for Stay of Mandate pending the filing a Motion for Stay Pending Petition for Certiorari to the U. S. Supreme Court. This filing has some new facts for the appeal listed by the attorneys for the Anna Nicole Smith’s Estate.

May 12, 2101 Order from the Ninth Circuit of Court of Appeals GRANTING Stay of Mandate.

NEWS ON THE CALIFORNIA CRIMINAL TRIAL

Multiple sources have told me that Dr. Khristine Eroshevich is on her fourth attorney in the criminal case, NOT good wonder what the problem is with her and her attorneys? Stern and Dr. Sandeep Kapoor has kept their legal teams in tact from the beginning. Could Eroshevich being going through lawyers like stockings you discard because you don’t like them or is this a smart ploy to get the August trial date moved past the California elections in November of this year. I was also told that Nazarian and Associates are no longer representing her. I was not able to contact any of the attorneys involved in this musical chair like of switching attorneys, however I was able to get in touch with Nazarian and Associates and asked them if that was true only to be turned away with the norm for Hollywood of “No Comment at this time”. So what’s up with Dr. Eroshevich? Perhaps y’all are again right in your take she is going down for that laundry list of drugs but not Kapoor or Stern. It appears I might have called this one of none convicted as wrong, glad I don’t bet on football or horses.

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©Rose Turner
June 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.

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Tags: Alan Diamond Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Bruce Ross Esq., CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Edward L. Xanders esq., Entertainment Tonight, Estate of Anna Nicole smith, Estate of Pierce Marshall, Greines Martin Stein & Richland LLP, Harvey Levin, High Profile Trials, Holland & Knight LLP, Hollyweird Criminal Justice, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith Esq., John J. Nazarian, Kent L. Richland Esq., L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Nazarian and Associates, Neil McCabe, Ninth Circuit Court of Appeals, Philip W. Boesch, Philip W. Boesch Jr. Esq., Pierce Marshall, Rose Turner, Steve Sadow Esq., The Boesch Law Group, The O'Quinn Law Firm, TMZ.com, U. S. Supreme Court, Virgie Arthur, Vivian L. Thoreen Esq.

ALL OF THE POSTS RELATING TO THE MARK HATTEN ALLEGATIONS ARE BEING MOVED TO THIS NEW ARTICLE:

~ What are the laws for filing a false police report with intent to HARM the person they are accusing?
~ What are the laws for wrongly accusing someone who is the Plaintiff in a case against your sibling for leverage?
~ What are the laws for MAKING SURE this false report got in the MSM (Main Stream Media) right before any court dates in CA where the Defendant is also a Plaintiff against the malicious accuser’s sister?

Per Swims of TMZ some interesting questions and thoughts on Mark Hatten:

The Public needs to know quickly:

• Is nut case MH at it again, yes or no? If not -
• What is the extent of the involvement of JB’s Office?
• What is the extent of the LA Prosecutors’ involvement?
• What is the extent of VA and her people’s involvement?

An ongoing discussion based on the article on TMZ.com with the police report filed by Mark Hatten in S. C. and the statement given by Howard K. Stern’s lawyer Chris Smith to Radar online.com last night.

“I wish to put to rest the latest accusations by Mark Hatten,” attorney J. Christopher Smith told RadarOnline.com. “They are absolutely false. Mr. Stern has not in any way made any recent attempts to contact or threaten Mr. Hatten.”

“Mr. Stern does not even have a MySpace account,” Stern’s lawyer insisted. “The hope is that MySpace and the authorities at the Greeleyville Police Department will quickly conduct the appropriate investigation. At which point, they will most certainly conclude that there is absolutely no basis in fact to this ridiculous story.”

FILINGS IN TEXAS STATE SUIT OF VIRGIE ARTHUR VS. HOWARD K. STERN, LARRY BIRKHEAD, TMZ.COM, HARVEY LEVINE, ART HARRIS ET. AL.

May 21, 2010 Art Harris Response to Virgie Arthur Motion for Rehearing. NOTE FROM ROSE: OK I was wrong here, I thought that Harris would let this be ruled solely on the Court Abusing its Discretion violating Rule 171 on appointing a Special Master. This shows how we can all still learn. I did not know that an exhibit to a Motion was in fact a Motion. The Response for Request for Production to Arthur was things that attorneys send out to just the other parties. I did not know because a Protective Order was requested in a Response that once it was filed with a Motion to Compel that part then of itself becomes a Motion for Protective Order once filed as an exhibit to the Motion to Compel. I continue to learn from all of these filings. Looks like the First Court of Appeals got it right the first time around.

May 21, 2010 Howard K. Stern Reply in Support of his Motion to Quash Deposition and for a Protective Order.

May 21, 2010 Stern’s Exhibit A filed with Reply in Support of his Motion to Quash Deposition and for a Protective Order.

May 21, 2010 Howard K. Stern Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit A filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit B filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit C filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit D filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit E filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

May 21, 2010 Stern Exhibit F filed with the Motion to Clarify or Set Aside the Rule 11 Agreement with Virgie Arthur.

Stern’s Notice of New Hearing Date set by the Court’s Calendar for Hearings to August 6, 2010 at 2:30 P. M.

May 21, 2010 Art Harris Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

May 21, 2010 Harris Exhibit A filed with Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

May 21, 2010 Harris Exhibit B filed with Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

May 21, 2010 Virgie Arthur’s Response to Art Harris Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

Arthur’s Exhibit A filed with Arthur’s Response to Art Harris Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

Arthur’s Exhibit B filed with Arthur’s Response to Art Harris Sur-Reply to Rose Turner’s Response, to Art Harris Response, Objection and Motion to Strike Turner’s Motion for Leave to Designate Responsible Third Parties.

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 21, 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.

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Tags: Anna Nicole Smith, Art Harris, Beverly Hiliss, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Chris Smith Esq., Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Entertainment Tonight, Estate of Anna Nicole smith, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith Esq., Jackid Hatten, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Mark "Hollywood" Hatten, Mark Hatten, Neil McCabe, Only Swim in the Ocean, Questions posed by Swim on TMZ, Radar Online.com, Rose Turner, Steve Sadow Esq., 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

It was not until this morning that the Harris County Court Site was updated, showing that Virgie Arthur won some and Art Harris won “some”, but what? To see this go to the Harris County Court web site at http://apps.jims.hctx.net/courts/. Pick the Oral Hearings Docket Inquiry on that page then pick the date of April 30, 2010 from the drop down menu and the 80th Court from that drop down menu and you will see the following: 10:30 HRS 200824181 READY DOCKET COMPEL ANS TO INTERROGS – MTN (TRCP 168) MCCABE, NEIL C. GRANTED IN PART And: 10:30 HRS 200824181 READY DOCKET MOTION FOR PROTECTION FROM DISCOVERY REQUEST BABCOCK, CHARLES LYNDE IV GRANTED IN PART

I look back at the Rita Cosby suit and how quick her lawyer had her hard drive imaged at the start of that lawsuit and I wonder if in August once Craig Ball’s questions came out about deleting thousands of documents did Art Harris’ lawyers at Jackson Walker have his hard drives imaged by their expert Kroll Ontrack. Which by the way was Cosby’s expert as well. If they did and that company did an Affidavit as they did in the Cosby case then I am sure Judge Larry Weiman gave the hard drives back to Harris to destroy. If they have not already had Kroll Ontrack image the hard drives, which I have not seen any affidavit that they have done the images, I would still bet that Judge Weiman would order the hard drives sent back to Chip Babcock the lead attorney for Harris with the assurance that just like in the Cosby case the imaged hard drives would go into their safe until all of this is resolved.

I went back AGAIN and read In Re Weekley Homes to see the gold standard of electronic discovery guidelines for Texas. I am still betting that future court decisions will rest on this standard for all Texas Courts. For the first time I caught and read the last sentence of that Opinion by the Supreme Court of Texas. “We note that HFG is not precluded from seeking to rectify the deficiencies we have identified.” That translate in this case to “We note that Virgie Arthur is not precluded from seeking to rectify the deficiencies we have identified.” That is why earlier I predicted that the document production would be rolled back to December 2008 and started over again.

Now let’s look at the requirements of In re Weekley Homes for an independent forensic expert under those guidelines to report on imaged hard drives. “In this mandamus proceeding, we must decide whether the trial court abused its discretion by ordering four of the defendant’s employees to turn over their computer hard drives to forensic experts for imaging, copying, and searching for deleted emails. Because the plaintiff failed to demonstrate the particular characteristics of the electronic storage devices involved, the familiarity of its experts with those characteristics, or a reasonable likelihood that the proposed search methodology would yield the information sought, and considering the highly intrusive nature of computer storage search and the sensitivity of the subject matter, we hold that the trial court abused its discretion.”

So we have the following to be “cured” on the do over that In re Weekley Homes allows to happen:

1. Arthur needs to be able to verify that she has obtained the “particular characteristics of the electronic storage devices involved.” Arthur is asking for all of that in the new Request for Discovery and Motion to Compel. See Questions 5 through 8. So on Arthur’s do over she is asking for this information. Also remember in the April 22, 2010 that the First Court of Appeals stated that the Court of Appeals was; “‘Conditionally’ granted the petition for the Writ of Mandamus. The Court of appeals stated on page 29 at footnote 9; “Harris argues that, while Arthur’s request for production did ask for emails, the requests did not specify the form in which the requesting party wanted the emails produced. This argument is not supported by the record. The instructions in the requests for production stated the form in which electronic files should be produced.”

2. Arthur needs to cure or clarify the forensic expert does have “the familiarity of its experts with those characteristics”. Arthur has already done this with Craig Ball. You may not like him but he still trains most of the judges in Texas and almost all of the forensic experts in the U. S. and even the U. K. have been trained or have attended seminars with Craig Ball so they all have respect for him. Thus Arthur in my opinion has met this standard In re Weekley Homes.

3. Arthur must also in the do over show that there is a “reasonable likelihood that the proposed search methodology would yield the information sought.” Or in this case confirm that thousands of documents were deleted.

Now my guess is that this will go back to the Court of Appeals under the do over Weekley Homes provides to the Texas Courts. I have no reason to doubt that Judge Weiman did not narrow the list of people to look for here as he did with Lin Wood, the attorney for Howard K. Stern, thus eliminating any “overly broad of discovery” issues. I think discovery will continue including an up coming day three of my deposition. To date McCabe and Jackson Walker attorneys have had all of the 12 hours of my deposition and now each gets to go back and ask clarifying questions I believe.

May 3, 2010 Art Harris Motion to Dismiss Case before Supreme Court of Texas without Prejudice as Moot.

So do I like Art Harris, I don’t know the guy, should he expect a Christmas card from me NOPE. Why? Because of him this lawsuit and discovery is going to go on like the energizer bunny and the filings are going to become very technical and time consuming for everyone.

On the TMZ filing due April 30th that they “passed” or ask the court to “pass” on the May 5, 2010 hearing for their Motion for Final Summary Judgment could be for a multitude of reasons. My “guess” is that it has something to do with the Pro Hac Vice pending for the California attorney, or to get the full team up to speed. Or Harry Susman of Susman Godfrey might think the filings they did on behalf of TMZ.com and Harvey Levin and Arthur’s filings speak for themselves and thus the Court can decide by the agreement of the attorneys to rule only on the filings without the need to run up legal fees that a hearing would add to all of their clients’ bill.

May 3, 2010 Notice of Submission by TMZ.com and Harvey Levin for May 10, 2010 without Oral Hearing.

When the Order comes out next week that probably Charles Babcock and Neil McCabe have been told to work together to prepare one for the Court to sign as is often done in win some and lose some hearings, then we will know who won what and who lost what in Friday’s hearing.

Remember folks what looks like common sense to all of us is not how the Court operates and with that said, I still like Judge Weiman and believe he is and will continue to go by the letter of the law and to unravel this mess.

I don’t know for sure and will look it up but I think Arthur has missed the filing deadline with the Court of Appeals to try to keep CBS and Entertainment Tonight in the case. So we have two parties out and the rest of us on a hold and see pattern.

Please go back and read the opinions I have listed in Federal Courts about deleting documents from computers since September 2009, in fact I will list them here again today in just a bit as I am also reading them in more depth.

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 1, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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Tags: 80th District Court Houston Texas, 80th District Court of Harris County, Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, computer storage, Craig Ball, Craig Ball Electronic Forensic Expert, Dannielynn, E-Discovery, electronic discovery guidelines, Entertainment Tonight, First Court of Appeals, First Court of Appeals Texas, forensic expert Craig Ball, Harry Susman Esq., Harvey Levin, High Profile Trials, Honarble Larry Weiman, Howard K Stern, In re Art Harris, In re Weekley Homes, intrusive nature of computer storage, Judge Larry Weiman, Judge Weiman, Kroll Ontrack, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, mandamus, Neil McCabe, Rita Cosby, Rose Turner, Supreme Court of Texas, Susman and Godfrey, Susman Godfrey, Texas Supreme Court, The O'Quinn Law Firm, TMZ.com, trial court abused its discretion, trial court discretion, Virgie Arthur, Weekley Homes, Writ of Mandamus

In filings today with the Ninth Court of Federal Appeals the Estate for Anna Nicole Smith = Dannielynn, filed for a Rehearing and/or a Rehearing En Banc [full court]. The filing points out that the same three judge panel is what propel this case to the U. S. Supreme Court of which Anna Nicole Smith won in a 9-1 decision in May 2006. Anna Nicole Smith’s Estate asked for an Extension to file this Request for Rehearing on March 26.

I predicted after the attorney, Kent L. Richland, for the Estate said they were looking at a return to the U. S. Supreme Court that we would be going for round two and here we are. This will take some time because Elaine Marshall on behalf of the Estate for Pierce Marshall, Smith’s long time adversary – enemy will file to a Response to deny any rehearing, the ninth circuit court will make it’s decision but look for it to end up back in the U. S. Supreme Court for round two. There is just way too much money at stake for either side to walk away from.

NEW PAPERS IN SOUTH CAROLINA FEDERAL COURT IN THE ESTATE OF ANNA NICOLE SMITH VS. G. BEN THOMPSON AND FORD SHELLEY.

April 5, 2010 Court Order appointing G. Ben Thompson as a Pro Se Defendant in the South Carolina Federal Court.

NEW PAPERS IN HARRIS COUNTY 80TH DISTRICT COURT IN VIRGIE ARTHUR VS. HOWARD K. STERN, TMZ.COM, HARVEY LEVIN, LARRY BIRKHEAD ET AL. IN HOUSTON TEXAS.

April 6, 2010 Parties Partially Agreed Motion to Continuance of the Deadlines in the 80th District Court Harris County.

April 6, 2010 Notice of Docket Submission for April 19, 2010 for the Partially Agreed Motion for Continuance.

April 7, 2010 Notice of Associated Counsel by TMZ.com and Harvey Levin.

April 7, 2010 Proposed Docket Control Order.

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©Rose Turner
April 8, 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, Anna Nicole Smith Heir, Anna Nicole Smith's daughter, Anna Nicole Smith's Estate, Anna Nicole Smith's Will, Art Harris, Bonnie Stern, Bruce S. Ross Esq., CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Elaine Marshall, Entertainment Tonight, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Howard K Stern, Kent L. Richiand Esq., Kent L. Richland, Kent Richiand, Kent Richland Esq., L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Philip W. Boesch Jr. Esq., Pierce Marshall, Pierce Marshall Estate, Rehearing En Banc, Rose Turner, The O'Quinn Law Firm, TMZ.com, U. S. Ninth Court of Appeals, U. S. Supreme Court, Virgie Arthur