Posts Tagged “Melanie Thompson”

Anna Nicole Smith

In a telephone hearing today in the South Carolina Federal Court Magistrate Judge Thomas E Rogers, III made the following rulings after TELEPHONE CONFERENCE with the parties and counsel.

1. Howard K. Stern on behalf of the Estate for Anna Nicole Smith had agreed to the Attorney of Record to Withdraw and the Memorandum for reasons to withdraw be sealed The Court Agreed and Ordered that the reason be sealed and Susan M. Brown’s current attorney can and as of today has withdrawn from the case.

2. Stern offered to give The Brown Law Offices and Susan M. Brown thirty days to seek new counsel. Magistrate Judge Thomas E Rogers, III ruled Brown had only ten (10) days to find new counsel or would represent herself Pro Se.

3. Smith’s Estate had offered a “reasonable period of time for the Brown defendants to have discovery”. Magistrate Judge Thomas E Rogers, III ruled that; “Court will stay scheduling deadlines for a period of 10 days

4. The Estate says the only Motion currently pending before the court is the amount of attorneys fees that Brown and her firm owes for the Contempt proceedings, no ruling on that was made today. L. Lin Wood, Luke Lantta and Nicole Jennings Wade, lead attorneys are optimistic that a mediated settlement is possible but has not happened to date, therefore if necessary the Estate is ready for final Pretrial Motions to be filed and then a jury trial.

April 21, 2011 Anna Nicole Smith's Estate Joint Status Report on Case Against Susan M. Brown Et. Al. (233)
April 14, 2011 Anna Nicole Smith's Local Counsel Request to be Excused from hearing as Lead attorney Luke Lantta will be present for Executor Howard K. Stern (276)

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl runs that entire section don’t hesitate to contact her to make suggestions on how this forum is more user friendly.

Visit our Download Section for all documents on the cases we are following.

Follow Us On Face Book at http://www.facebook.com/profile.php?id=100001254987261 and on Twitter at http://twitter.com/RoseSpeaks and see who Rose Speaks is following.

We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL. If you would like to do some articles for Rose Speaks.com send us that information and we will give you our rules for guest writers.

©Rose Turner
April 21, 2011
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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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

Tags: , , , , , , , , , , , , , , , , , , , , , , ,

Comments 8 Comments »

Rita Cosby reduced to just another paparazzi

Here is the first group of filings unsealed in the New York Federal Court for the Southern District as Ordered by the Honorable Denny Chin.

These are the filings unsealed by Howard K. Stern, the filings by Rita Cosby and Hachette Books Ordered to be Unsealed have not appeared yet. As soon as they do we will have those as well which will be parts of depositions we don’t have this go around from Stern.

I have not read through these yet but wanted to get them all listed for you and then we will discuss and do articles on these documents as we go back through the debunking of the book to the lead up of the Jury Trial scheduled to begin on November 30, 2009, let the games begin!!!!

September 28, 2009 Howard K. Stern Unredacted Response Summary Judgment part 1 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2448.

September 28, 2009 Howard K. Stern Unredacted Response Summary Judgment part 2 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2449.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 1 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2451.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 2 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2452.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 3 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2453.

September 28, 2009 Lin Wood’s Unredacted Declarations of Exhibits and Depositions filed with the list of Unredacted documents.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2454.

September 28, 2009 Howard K. Stern Unredacted Declaration dated February 5, 2009 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2465.

September 28, 2009 Howard K. Stern’s complete Unredacted two days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2450.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 1.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2445.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 2.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2446.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 3.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2447.

September 28, 2009 Bea Stern partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2469.

September 28, 2009 Don Clark partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2471.

September 28, 2009 Don Clark partial Unredacted deposition from the Florida Case filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2472.

September 28, 2009 Wilma Vicedomine’s partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2484.

September 28, 2009 Jack Harding partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2474.

September 28, 2009 Mark Speer partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2478.

September 28, 2009 Ray Martino’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2479.

September 28, 2009 Virgie Arthur’s partial Unredacted deposition by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2483.

September 28, 2009 Stern’s Exhibit 4 Copy of emails from Jackie Hatten to Howard K. Stern and Anna Nicole Smith from September 2006 regarding Daniel’s death filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2458.

September 28, 2009 Stern’s Exhibit 6 Emails between Howard K. Stern and the attorney  Tracy Ferguson regarding the transferring of the Title back to G. Ben Thompson without notifying Anna Nicole Smith in regards to Horizons in the Bahamas by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2460.

September 28, 2009 Stern’s Exhibit 8 emails from Melanie Thompson whose father is a Cardiologist about what she thinks might have happened in Daniel Smith’s death Bahamas filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2462.

Employees of Hachette Books and Rita Cosby’s Co-Author

September 28, 2009 Bruce Littlefield with exhibits partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2477.

September 28, 2009 Amy Einhorn partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. She was an employee of Hachette Books.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2455.

September 28, 2009 Dan Wakeford partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2470.

September 28, 2009 Evan Boorstyn partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2473.

September 28, 2009 Jamie Raab partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2475.

September 28, 2009 Leslie Pockell partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2476.

September 28, 2009 Mitchell Hoffman partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. He was an employee of Hachette Books.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2480.

September 28, 2009 Stern’s Exhibit 31 Unredacted book notes and emails with notes in the margins of the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2466.

September 28, 2009 Stern’s Exhibit 32 Unredacted book notes and emails with notes in the margins of the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2467.

September 28, 2009 Stern’s Exhibit 33 Book promotion Notes and potential jacket covers with lead ins about the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2468.

Depositions leaked before this filing:

September 28, 2009 Larry Birkhead partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2444.

September 28, 2009 Patrik Simpson’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2481.

September 28, 2009 Pol’Attue’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2482.

Documents we have read before:

September 28, 2009 Copy of the Filing of Anna Nicole Smith’s Will from California showing Howard K. Stern as the Executor filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2456.

September 28, 2009 Stern Exhibit 16 Copy of partial Filing of Anna Nicole Smith’s Burial Proceeding hearing from Florida involving Ron Rale filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2457.

September 28, 2009 Stern’s Exhibit 5 Deed Information and value of Horizon’s in the Bahamas at the time Anna Nicole Smith bought it filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2459.

September 28, 2009 Stern’s exhibit 7 a Copy of the TRO against G. Ben Thompson and the Electric Company in regards to the house called Horizons in the Bahamas filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2461.

September 28, 2009 Stern Copy of Marshall Bankruptcy Litigation from Lexus Nexus filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2463.

September 28, 2009 Stern Copy of Marshall Bankruptcy Litigation from Lexus Nexus part 2 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2464.

NEWEST PAPERS IN THE SOUTH CAROLINA CASE BOTH OF G. BEN THOMPSON’S LAWYERS FILE MOTIONS TO WITHDRAW AS HIS COUNSEL.

September 28, 2009 G. Ben Thompson’s lead attorney in South Carolina Lead lawyer, R. Scott Joyce, filed a Motion to Withdraw as Thompson’s attorney and asked for an “In Camera” hearing at the earliest possible date for the judge. In camera does NOT mean Ex Parte, I believe it means just closed to the public but it could mean without Stern’s lawyer if there is some possible ethics or criminal charges looming.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2485.

September 30, 2009 G. Ben Thompson’s attorney from Georgia, Susan M. Brown, filed a Motion to Withdraw as Thompson’s attorney and asked for an “In Camera” hearing at the earliest possible date for the judge. In camera does NOT mean Ex Parte, I believe it means just closed to the public but it could mean without Stern’s lawyer if there is some possible ethics or criminal charges looming. This occurred less than a week after Brown’s deposition and Order to turn over exhibits had to be completed by Brown.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2486.

©Rose Turner
September 29, 2009
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: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Comments 69 Comments »

Ford Shelley and G. Ben Thompson sued again

G. Ben Thompson missed the filing date the Court set of November 3 for his mandatory filing of the Rule 26 f of initial disclosures, also Howard K. Stern’s attorney pointed out that due to Thompson’s attorney being ill they had not been able to hold the required conference via phone.

The Court approved Susan Brown to represent Ben Thompson. Howard K. Stern has attorneys approved for Pro Hac Vice status, including Lin Wood, Luke Lantta, Nicole Jennings Wade of Powell Goldstein as well as his South Carolina attorneys.

The best reading in my opinion is the Rule 26f filings required by the Court of which to date Ben Thompson has not answered. Ford Shelley lists only 3 witnesses, himself, his wife Gina Shelley and Howard K. Stern. However, in Shelley’s rule 26-3-a local rule filings, he lists only himself and his wife Gina Shelly as witnesses or persons that have information relevant to these allegations.

What caught my eye was the list of people who have possessions of some of the items alleged to have been taken out of Horizons the day after Anna Nicole Smith’s death.

1. Defendant Shelley has possession of a copy of a clown video.
2. All documents and tangible items related to litigation in the Bahamas which are in possession of the Bahamian authorities.
3. All documents and tangible items in possession of the California Department of Justice as to any investigation relating to Ms. Smith.
4. All documents and tangible items in possession of co-defendant Ben Thompson and/or his agents.
5. All documents and tangible items in possession of Larry Birkhead and/or his agents.

Which leaves the question of who has the ORIGINAL copy of the infamous Clown Video?

Howard K. Stern’s filing is a tad more revealing about where Stern’s team is going. In his required Rule 26-f list of the following witnesses.

(1) Howard K. Stern
(2) Larry Birkhead
(3) Pol’ Atteau
(4) Rita Cosby
(5) Don Clark
(6) Wilma Vicedomine
(7) Stancil “Ford” Shelley
(8) G. Ben Thompson
(9) Tom Pirtle, on of Virgie Arthur’s Texas lawyer at the burial hearing
(10) Tracy Ferguson an attorney that is part of Callendar’s in the Bahamas that G. Ben Thompson is suing.
(11) Gaither Thompson
(12) Melanie Thompson
(13) Gina Shelley
(14) Representatives of Fox News
(15) Representatives of Biscayne Professional Associates (possibly the company that imaged Anna Nicole Smith’s computers and hard drives when the Estate recovered them)

Howard K. Stern lists several Counts that make the basis of the Estate’s case against Ford Shelly and Ben Thompson and a couple caught my attention.

Count Three: Statutory and common law commercial appropriation of right of publicity:

Under California law, the right of publicity survives the death of a celebrity. Thus, any person who uses a deceased person’s name, voice, signature, photograph, or likeness, in any manner . . . without prior consent from the executor of the deceased person’s estate commercially misappropriates the deceased person’s right of publicity. Cal. Civ. Code § 3344.1.

There can be no dispute that Ms. Smith held a fully descendible right of publicity
in her Estate property. See Cal. Civ. Code § 3344.1. Further, Shelley has admitted to removing documents and materials from Horizons after Ms. Smith’s death. There is no question that these documents and materials are owned by the Estate. Further, there is no dispute that these items removed by Shelley contained Ms. Smith’s name, voice, signature, and photograph. Shelley used the property by, among other things, distributing it to third parties, including media entities. Shelley had no prior consent from the Executor to use the property he stole from Horizons.

Count Six: Violation of the Computer Fraud and Abuse Act:

Whoever knowingly causes transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or intentionally accesses a protected computer without authorization, and as a result of such conduct causes damage and Forensic analyses confirm that Shelley copied and deleted files contained on the password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period. causes losses of at least $5,000 in a one-year period, violates federal statute. 18 U.S.C. §1030(a)(5).

Forensic analyses confirm that Shelley copied and deleted files contained on the
password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period.

Stern’s Local Rule 26-3-a, lists most of the same witnesses with the exception of Wilma Vicedomine which leads to ask when and why did she become involved with Ben Thompson and Ford Shelley?

Howard K. Stern’s lists the following evidence and documents in the same disclosure that he and/or the Estate (Dannielynn Birkhead as the sole heir) might use to prove the claims.

The following categories of documents in the Executor’s possession, custody, or control may be used to support his claims:

(1) All documents referred to in the Complaint.
(2) Documents relating to the investigation into Defendants’ unlawful conduct in the Bahamas.
(3) Media interviews of Defendants.
(4) Communications between Defendants and third parties regarding the factual circumstances that form the basis for the allegations in the Complaint.
(5) Deposition transcripts of third parties in other litigation regarding the factual circumstances that form the basis for the allegations in the Complaint.
(6) Forensic analyses of Ms. Smith’s computers.
(7) Communications from counsel for Defendants which support the factual basis for the allegations in the Complaint.

So folks why did Ben Thompson miss the date of November 3 and has not notified the court or ask for an extension due to one of his lawyers being ill? Who edited the Clown Video and who has the original now? Why is Tom Pirtle listed, but the rest of Virgie Arthur’s legal team in Florida are not? Then we have Don Clark on both disclosures but Wilma Vicedomine as the lone separate person missing in one of the filings.

Could the Clark/Vicedomine investigation lead us from California, to Florida, to New York to South Carolina in the alleged attempts to have Howard K. Stern arrested and tried for something, anything it appears if the filings are to be believed.

Remember you can pick up all of the documents related to the Estate of Anna Nicole Smith suing Ben Thompson and Ford Shelley, opened to ALL, not just members of Rose Speaks.com.

In other news on November 4, 2008 Court Order from Florida that Postpones the Requirement of John O’Quinn and the O’Quinn Law Firm financials until November 10, 2008 the deadline for the two sides to file a Joint Motion to Dismiss with Prejudice.

©Rose Turner
November 5, 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: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Comments 25 Comments »

Weather forecast by WP Wunderground & Denver Snow Service

Member of the Boxxet Network of Blogs, Videos and Photos Best of Anna Nicole Smith