As the California Criminal Trial of Howard K. Stern, Dr. Sandeep Kapoor and Khristine Eroshevich looms for August 4, 2010, the Estate of Anna Nicole Smith tightens the noose on four major witnesses.

You have to wonder if this will affect the credibility of Ford Shelley, G. Ben Thompson, Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson as well as attorney Susan Brown. It also appears that Magistrate Judge Thomas E. Rogers III for the South Carolina Federal Court decided to issue this Order without need of a Hearing.

On July 1, 2010 the Court in South Carolina issued an Court Order allowing the addition of Gaither Thompson II, Gina Shelley, Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia. The new defendants have twenty one (21) days to answer the Amended First Complaint so don’t look for this to go to trial before the criminal charges in California is tried to conclusion.

HERE ARE THE HIGH POINTS I FOUND IN THE COURT’S SEVEN (7) PAGE ORDER

“Plaintiff asserts causes of action for conversion, wrongful taking of estate property in violation of California Probate Code § 850, et seq., statutory and common law commercial appropriation of right of publicity in violation of California Civil Code § 3344.1, unjust enrichment/restitution, unfair competition in violation of California Business & Professional Code § 17200, et seq., violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(5) and civil conspiracy.

That the Estate’s property has been distributed to other entities including Geraldo Rivera with Fox News, the O’Quinn Law Firm, former television journalist Rita Cosby, and the California Department of Justice.

Counsel for Ford has consented to the filing of the proposed Amended Complaint. See Email from MacDonald to Lantta dated October 28, 2009. Thompson has not filed a Response in opposition the motion. The only opposition comes from proposed new Defendants Brown and the Law Firm. 1 Brown argues that allowing the amendments would be prejudicial to her and would be futile as to the claims against her. Brown does not appear to oppose the addition of Gaither, Melanie and Gina as Defendants in this action or to the addition of factual allegations regarding Ford’s distribution of Estate property to other third-parties.

[Brown] argues that she would be prejudiced due to the fact that she has not had the opportunity to participate in discovery as a party. However, in his Response, Plaintiff asserts that he is not opposed to amending the deadlines in this case to allow Brown to conduct discovery.

Brown argues that, as former counsel in this case, she is immune from the claims Plaintiff seeks to allege. Generally, an attorney is immune from liability to third persons arising from the performance of his or her professional activities as an attorney on behalf of and with the knowledge of his or her client. See Hunt v. Mortgage Electronic Registration, 522 F. Supp.2d 749, 758 (D.S.C. 2007). However, both Thompson and Ford testify that they did not authorize her to distribute Estate property to the O’Quinn Law. Firm.

The Clerk of Court is directed to file the Amended Complaint, which is attached as an exhibit to Plaintiff’s Motion. Plaintiff must serve the Amended Complaint within 15 days of the date of this Order. Defendants must respond in accordance with the Federal Rules of Civil Procedure. Ok after reading the First Amended Complaint I see this is the same exhibit filed with the Court in September 2009, so nothing new here; just has not read it in almost a year.

FILINGS ON JULY 1, 2010 WITH THE SOUTH CAROLINA COURT.

July 1, 2010 Court Order allowing the First Amended Complaint to include Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1, 2010 First Amended Complaint filed by the Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit A filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit B filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit C filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit D filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit E filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit F filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit G filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit H filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit I filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

Summons to Serve on Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson

Summons to Serve on Susan M. Brown and the Law Offices of Susan M. Brown

LATEST FILING IN THE TEXAS CASE I have not had time to read any of these papers.

July 7, 2010 Virgie Arthur’s Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit A filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit B filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit C filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit D filed with Response to Art Harris Motion to Compel Production.

NEWEST FILINGS IN THE VIRGIE ARTHUR VS. HOWARD K. STERN BREACH OF CONTRACT.

July 1, 2010, Howard K. Stern’s Special Appearance to Object to personal jurisdiction.

July 1, 2010 Stern’s Exhibit A filed with Stern’s Special Appearance to Object to personal jurisdiction.

For now we are NOT going to buy these papers due to cost, if it gets traction after the beginning of the Criminal trial or the August 6, 2010 hearing on Stern’s Special Appearance, then we will begin to purchase these papers as well.

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
July 6, 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's Estate, Anna Nicole Smith's Will, Art Harris, Attorney General Jerry Brown, attorney-client privilege, Bahamian lawyer Tracy Ferguson, Beverly Hills, Birkhead, BKD LLP, BKD LLP Computer forensics, Bonnie Stern, Bryan Cave LLP, California AG Jerry Brown, California Business & Professional Code § 17200, California Civil Code § 3344.1, California Department of Justice, California Probate Code § 850, Celebrity Trials, Charles "Chip" Babcock, civil conspiracy, commercial appropriation, commercial appropriation of right of publicity, Computer forensic expert, Computer Fraud and Abuse Act, Computer Fraud and Abuse Act 18 U.S.C. § 1030(a)(5), conversion of Estate Property, crime-fraud exception, crime-fraud exception attorney-client privilege, Dannielynn, Danny Santiago, Debra Opri Esq., Don Clark, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elisa Miller Esq., Elizabeth McNamara Esq., Florence South Carolina, Folkens Law Firm, Ford Shelley, FOX News, G Ben Thompson, Gaither Ben Thompson II, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera, Gina Shelley, Gina Thompson Shelley, Greta -On The Record, Greta Van Susteren, Gubernatorial candidate Jerry Brown, Hachette Book Group USA, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood California, Hollywood Criminal Justice, Horizons in the Bahamas, Horizons law suit, Horry County, Horry County Sheriff, Horry County Sheriff's Department, Horry County South Carolina, Howard K Stern, Joseph C Wilson IV Esq., Karl Alan Folkens Esq., L. Lin Wood, Law Offices of Susan Brown Esq., Lin Wood, Liz McNamara Esq., Louis David Nettles Esq., Luke Lantta, Lyndal Harrington, Magistrate Judge Thomas E. Rogers III, Melodie Thompson, Myrtle Beach, Myrtle Beach south Carolina, Neil McCabe, Nicole Jennings Wade Esq., Pierce Herns Sloan and McLeod, right of publicity, right of publicity in violation of California Civil Code, Robert Klein Esq., Rose Turner, Seminole Tribe Authorities, Shane Gibson, Shane Gibson former Bahamian Minister of Immigration, South Carolina Federal Court, statutory and common law, Steve Sadow Esq., Susan M. Brown Esq., Susan P MacDonald Esq., The O'Quinn Law Firm, TMZ.com, Tom Pirtle Esq., Tracy Ferguson Esq., Tracy Ferguson of Callendar's Bahamas, unfair competition, unfair competition in violation of California Business & Professional, unjust enrichment/restitution, violation of the Computer Fraud and Abuse Act, Virgie Arthur, wrongful taking of estate property

Please note on the right hand side of the main page is a scrolling calendar. –>–>–>–>–>–>–>–>–>–>–>

This will always have the next thirty days of upcoming important dates on cases we are covering and is the final part of transferring from the old “main site” to the blog as the main site. Please remember that if you are a member of the forums there is a calendar link at the top right header of that page.

We have two scheduled maintenance this week on the blog software and on the contact us software. If you are a new reader here and have a tip for a case you want to give us then please use the contact us button at the top of each page. We want to hear from you and what you want. This leaves only the updated documents that are still not relinked, however with each article we do on each case we are putting up the downloads up to date on that case. We hope to have a document link at the top of the page as we catch up that will give you the ease of all cases you want papers too. If you want or need one of the papers that are not linked yet drop us an email and we will get that right out to you.

On the Anna Nicole Smith Estate vs. G. Ben Thompson, Ford Shelley etc. I am did not see any papers filed by some deadline for December 28. I tried to figure out if it was a Response by Susan M. Brown’s being added to the suit as well as Gina Shelley, Gaither B. Thompson II and his wife Melodie Thompson. It could be a Reply by the Estate due on a Response filed by one of the defendants in regards to the Motions for Contempt, Sanctions and Joiner of additional parties. Which ever it was it was not filed on time unless there is a delay on showing up on PACER.

December 29, 2009, G. Ben Thompson filed an Objection to his attorney Mr. Joyce’s Withdrawal as attorney of Record of Thompson in the federal case of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley et al. I wonder if this is the reason that the Responses or Replies due on December 28 have not been filed?

On the Virgie Arthur vs. Howard K. Stern, TMZ, et. al. in the 80th District Court of Houston, signed an Order yesterday on December 28 giving the Plaintiff Leave (permission) to file the late documents in response to CBS Motion for Summary Judgment, and also giving CBS Request to supplemental their evidence for the Summary Judgment we should have a copy of this later today for your downloading pleasure. This Order appears to be no win or win for both Arthur and CBS, the new judge is allowing both of them to supplement their filings in reference to CBS Motion for Summary Judgment.

Tomorrow we will list the five cases we feel was the worse or the most bizarre, we would like to hear which ones you found that way. You can use the archive months found on the right hand side of the main pages for you to do a quick review to pick the five you want to list.

On December 31 we will list the five cases that we feel were the best of the cases or had something unusual happened during that case that changed the dynamics of that case. Again we would like for you to list your cases you thought was best of had something unusual that changed the dynamics.

I will have a short article up later today with links to some of the documents and some musings on who and who not are looking forward to television reality series or be part of a documentaries, it will surprise you we think.

Thanks for flying Rose Speaks.com and by the New Year the changes will be complete on what you will find an easier way to navigate easier.

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
December 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: 80th District Court Harris County Texas, Anna Nicole Smith, Anna Nicole Smith's Estate, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, District Court Houston, Ford Shelley, Ford Shelly, G Ben Thompson, Gaither B. Thompson II, Giana Thompson Shelley, Gina Shelley, Gina Shelly, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brown PLC, Lin Wood, Luke Lantta, Lyndal Harrington, Melodie Thompson, Melody Thompson, Neil McCabe, Rose Speaks, Rose Speaks.com, Rose Speaks.com site maintenance, Rose Speaks.com updates, Rose Turner, Susan M. Brown, Susan M. Brown Esq., Teresa Stephens, The O'Quinn Law Firm, Virgie Arthur

There are more papers due out today, November 30, 2009 in South Carolina from G. Ben Thompson on the Motion for Contempt and for Sanctions based of his previous attorney, Susan M. Brown’s acts allegedly on his behalf.

Gathier Thompson III, Melodie Thompson, Gaither’s wife, and Gina Thompson Shelley all have Responses to the Estate of Anna Nicole Smith adding them as parties in place of the “Doe” names.

As I read over the papers filed by Susan M. Brown last week I found myself amazed as I always seem to be when it comes to the antics and ever changing lawyers from the South Carolina group of players.

In papers filed last week in the South Carolina Federal Court, Ms. Brown says she was on board with the Horizon’s dispute in the Bahamas from day one in 2006. However it appears if that is true that her clients were not straight up about the happenings in the Bahamas. If Brown’s allegations about her clients prove true in court then they appear to have made sure she missed some memos and certainly some major media news articles. If I remember correctly G. Ben Thompson has dropped all claims to Horizons and is now suing the Estate of Anna Nicole Smith (Dannielynn Birkhead), Howard K. Stern, and the lawyers Tracy Ferguson and Michael Scott. The time line for Ms. Brown being kept in the loop and the liaison between her clients and the attorneys in the Bahamas appear not to include Thompson’s attorney in January 2007, Knowles, at the news conference in the picture with this article and there is certainly nothing from Pro Pinder the current attorney in Brown’s filings. Both were attorneys in the Bahamas for Shelley and Thompson after Ferguson and Scott left the employment of the South Carolina family.

This is either dumber than a suitcase full of rocks on the South Carolina crew for not telling their lawyer everything which equals to tying your legal representatives hands and allowing them to be blindsided by the likes of L. Lin Wood. So did Thompson and Shelley throw their attorney under the bus, and did they wiave the attorney-client privilege in what appears to a free for all for Shelley and Thompson AGAIN!!

My guess from reading these filings is that Brown was not in the loop of the Horizons litigation and the property being distributed, and she is fighting for her legal career and thus like any lawyer who has been betrayed will come out fighting now that it appears that Thompson and Shelley has waived the attorney – client privilege which in my opinion was a dumb move on their part..

Here are the filings on November 24, last week and as soon as the filings come out today they will be added to this article.

SOUTH CAROLINA FEDERAL COURT FILINGS NOVEMBER 24, 2009.

November 24, 2009 Susan M. Brown’s Memorandum of law filed in S. C. as a Response and Brown’s Opposition of Estate’s Motion for Sanction and Contempt.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2680.

November 24, 2009 Susan M. Brown’s Exhibit 1 which is the deed filed to put house in Thompson’s name after the law firm withdrew the previous deed signed by Anna Nicole Smith, this is the deed that caused the problems for everyone that is now being sued by each other in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2681.

November 24, 2009 Susan M. Brown’s Exhibit 2 October 31, 2006 letter from Tracy Ferguson to Anna Nicole Smith to vacate Horizon’s or be prepared for eviction proceedings.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2682.

November 24, 2009 Susan M. Brown’s Exhibit 3 Default Judgment against Wayne Munroe and Anna Nicole Smith dated November 28, 2006 in regards to Horizon’s in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2683.

November 24, 2009 Susan M. Brown’s Exhibit 4 Default Injunction that barred Ben Thompson or any representative of his to interfere with Anna Nicole Smith living at Horizons dated November 20, 2006 in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2684.

November 24, 2009 Susan M. Brown’s Exhibit 5 her affidavit dated November 18, 2009 to file with her memorandum of law responding to Anna Nicole Smith’s Estate filing for contempt and sanctions against her and her law firm.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2685.

November 24, 2009 Brown’s Exhibit 6 which is a copy of the Joint Defense and Confidentiality Agreement with Virgie Arthur filed with Brown’s Response to Anna Nicole Smith’s Estate for Motion for Contempt and sanctions. Brown refers to this in her Memorandum of Law and in her affidavit.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2686.

November 24, 2009 Brown’s Exhibit 8 which is an Affidavit from Neil McCabe on behalf of his client dated November 8, 2009 stating that no person representing his client Virgie Arthur or associated with the law firm made any copies of the hard drives or kept anything from the hard drives and the law firm has respected and kept the common defense and confidentiality in tact at all time.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2687.

I did not put up Exhibit 7 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.

November 24, 2009 Brown’s Exhibit 9 which is an affidavit from Teresa Lazzaroni dated Nov. 13, 2009 explaining to the Court how her client Susan M. Brown had kept working copies only of the things contained on 3 flash drives turned over to the Estate attorneys for Anna Nicole Smith and how Brown had paid for her hard drive to be destroyed as requested by Lin Wood during her deposition.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2688.

November 24, 2009 Brown’s Exhibit 10 a copy of the letter from Susan M. Brown to Neil McCabe dated September 25, terminating the Joint Defense and Confidentiality Agreement with Virgie Arthur ONLY on G. Ben Thompson not with Ford Shelley.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2689.

November 24, 2009 Court Order for the South Carolina federal Court allowing Susan M. Brown to withdraw as attorney of record for G. Ben Thompson effective the same date.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2690.

November 24, 2009 Court Order for the South Carolina federal Court issued by agreements of the parties to give G. Ben Thompson time to file a Response to the Motion for Contempt and for Sanctions until November 30 pending against him and for Melodie Thompson, Gaither Thompson III, and Gina Thompson Shelley until November 30 to file their Response to being added as parties.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2691.

November 24, 2009 Susan M. Brown’s Response and Objection to Ms. Brown and her law firm being added to the lawsuit in South Carolina and against the Estate of Anna Nicole Smith filing an Amended Complaint adding her and her firm.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2692.

November 24, 2009 Exhibit 1 which is a letter from Nicole Jennings Wade dated November 29, 2007 verifying that Susan M. Brown did have the hard drives and the only hold up in returning the copies to the Estate was a concern of removal of some of Ford Shelley’s personal files which Ms. Wade assured Ms. Brown the IT department could easily do that once the hard drives were brought to their offices.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2693.

November 24, 2009 Exhibit 2 which is a letter from Nicole Jennings Wade dated September 18, 2008 stating that some of the documents produced by Ford Shelley in response to the Stern – Cosby litigation be returned to their office that Shelley not contact Howard K. Stern again and that they are still waiting for the hard drives to be return so they could meet production requirements for the Estate in the New York pending lawsuit.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2694.

November 24, 2009 Brown Exhibit 4 Copy of Subpoena to Virgie Arthur’s expert BDK dated February 13, 2009 in this case about the hard drives that BDK examined under the Common Defense and Confidentiality between G. Ben Thompson, Ford Shelley and Virgie Arthur.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2695.

I did not put up Exhibit 3 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.

©Rose Turner
November 30, 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: Anna Nicole Smith, BDK computer Forensic, Callendar's Law Firm in the Bahamas, Celebrity Trials, Daniel Smith, Dannielynn, Don Clark ex-FBI, Elizabeth McNamara, Elizabeth McNamara Esq., Estate of Anna Nicole smith, G Ben Thompson, Gathier Thompson III, Gina Thompson Shelley, High Profile Trials, Horizons in the Bahamas, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Melodie Thompson, Michael Scott of Callendar's Bahamas, Neil McCabe, Nicole Jennings Wade Esq., Pro Pinder Esq. Bahamas, Rita Cosby, Stancil "Ford" Shelley, Susan Brown LLP Atlanta Georgia, Susan M. Brown Esq., Teresa Lazzaroni Esq., The O'Quinn Law Firm, Tracy Ferguson Esq., Tracy Ferguson of Callendar's Bahamas, Virgie Arthur, Wayne Munroe Esq. Bahamas