You Never Know What Will Happen Next

Charles Babcock argued for CBS.  Babcock was accompanied by Mary Lou Flynn-Dupart. Neil McCabe representing Virgie Arthur was accompanied by Carl Shaw and Lilly Cadena of the O’ Quinn Law Firm.

Judge Weiman signed CBS”s  proposed order for protection and said that he had studied the summary judgment issues.

Weiman said he was ready to rule on the summary judgment motion, and as we all know, the Harris County website has the following posted, “2/26/2010 ORDER FOR INTERLOCUTORY SUMMARY JUDGMENT SIGNED 1 page.”

The Judge said that, if he denied the summary judgment motion, then the order of protection would not stay in effect. He also said that, even if he granted the summary judgment, CBS probably would have to submit to discovery that might pertain to other defendants.

Judge Weiman set a status conference for March 12 at 3:30, after conferring with McCabe and Babcock about an appropriate date. Of course CBS being involved in a status conference will depend upon the ruling that we are waiting to see.

Here is today’s order as we wait for the decision that has obviously made.

http://qvsplace.com/022610_Arthur_vs_Stern_etal_CBS_Protective_Order.pdf

UPDATE: It appears that CBS was granted their motion for summary judgment and the order was back dated to the date of submission which was November. The document is not available yet.

UPDATE II: Possibly the district court’s notation of “interlocutory” is not wrong after all. CBS filed a motion for “final” summary judgment, which the court appears to have granted, as reflected on the court’s site, dated Nov.16, 2009. The district clerk’s site shows interlocutory order, which is correct as to the case as a whole, because a summary judgment is not “final” in the true or ultimate sense of the term unless all parties and all issues have been done with. The order may be final as to CBS but it is interlocutory as to the case as a whole.

UPDATE III Order granting summary judgment to CBS Studios.

http://qvsplace.com/Arthur_vs_Stern_etal_Order_Granting_CBS_SJ.pdf

{ 69 comments }