John O’Quinn requested a protective order today in defense of Howard K. Stern’s defamation lawsuit against him and The O’Quinn Law Firm in the Southern District of Florida Federal Court.
Counsel for Stern demanded practically everything but the kitchen sink in a financial discovery request. The list is long and includes requests for Federal and State tax returns dating back three years, financial records, property records, appraisals, deeds, mortgages, any personal property including cars, jewelry, boats etc.. whether it is still owned by Mr. O’Quinn or not and if so what it sold for. They also ask for any communications that may have occurred between the “Firm” and the IRS.
Customarily when there may be punitive damages involved in a civil suit, only current net worth should have to be produced according to a 2005 Florida Federal Court Decision. Another case in this memorandum is cited where O’Quinn believes that any financial disclosure should not have to be produced until 30 days before trial.
Stern’s attorney, Lin Wood disagrees saying there is no 30 day rule. He states there is approximately 90 days until trial and due to “lengths to which we have gone to get responses to substantive discovery”, he feels his requests are appropriate.
O’Quinn also asks that Howard K. Stern not be permitted to view any of the financial disclosure records whatever they may be. He cites two past actions attributed to Stern in other court cases in which he was in breach of confidentiality orders.
The first of those is substantiated by an affidavit from “Estate of J. Howard Marshall” attorney Rusty Hardin.
In 2001, Anna Nicole Smith brought an action in Texas probate court against the Estate of her late husband J. Howard Marshall and his son Pierce Marshall. Stern was not an admitted attorney to the case but sat at the counsel table. He is said to have taken a financial statement that was ruled protected and confidential and faxed it to a California bankruptcy court. Stern admitted taking the financial records but said he did not know it was “confidential”. He was repremanded by the judge in the case and told to sit with the rest of the audience for the remainder of the trial.
Mr Hardin also says that he read Stern’s deposition in Virgie Arthur’s (Anna Nicole Smith’s mother) defamation lawsuit against Stern in Houston Texas. In this deposition, Stern says he did not take the confidential document “off the…that table” even though in the transcript of the Texas Probate Judge reprimanding Stern, Stern says “I think I just got it from the [counsel's] table”. Hardin disagrees with that and attaches court testimony from that trial.
The second issue is of a confidentiality breach in the case of Howard K. Stern vs Rita Cosby in a New York Federal Court. The Judge in the case, Denny Chin had already issued a protective order concerning Ms. Cosby’s deposition. However, parts of the deposition ended up on artharris.com with Journalist Art Harris being a friend and supporter of Stern. Judge Chin then “chided” Sten’s attorney Lin Wood for the breaching of his order.
O’Quinn also asked for extra time to produce the records if ruled they must be released sooner rather than later because his accountants offices have been closed due to hurricane damage. Wood has disagreed with this request as well.
092508_Stern_vs_OQuinn_192.pdf
092508_Stern_vs_OQuinn_192-5.pdf
092508_Stern_vs_OQuinn_192-6.pdf
092508_Stern_vs_OQuinn_192-7.pdf
092508_Stern_vs_OQuinn_192-8.pdf
092508_Stern_vs_OQuinn_192-9.pdf
Judge Chin to Lin Wood
Stern_V_Cosby_protective_order_LinWood_slap.pdf
Stern_V_Cosby_protective_order_LinWood_slap1.pdf
JMO
land?
{ 11 comments… read them below or add one }
HK$ should win against Rita Cosby & Virgie Arthur!
Mr “I want 6%” should loose against the Marshall Estate!
IMO Howard MUST be charged with NEGLIGENCE {at least}…HE was in charge of the “Duffle Bag of Drugs” in both deaths, his convenient “swanning off to buy a boat” leaving Moe & Taz to discover the ALREADY DEAD ANS was DISGRACEFUL!!!!!!!!!!!!!!
I would be very interested to know HOW he is currently earning sufficient to pay his Legal Team…HE TOLD the “CLOWN JUDGE” that he was living off his parents…hmmm…I hope they are super rich!!!
Hurry up America…the rest of the world want answers!
Dear JILL, from Australia Howard K.Stern was Ms.Smith’s lawyer/business partner, he was entitled to get 6% in Marshall litigation.That was a part of a contract between HKS and Ms.Smith.People get paid for their work.There’s no conspiracy or murder in this case.Mr.Stern’s parents put their house in Sherman oaks for sale.
I feel like the judge will rule in favor of O’Quinn in this matter. I personally feel that the financials should not be turned over until and IF a jury finds in favor of the plaintiff. It should be no one’s business until that time. Perhaps Mr. O’Quinn can just offer up the batmobile as compensation if that happens….it’s really nice!
Rachel Says:
September 27th, 2008 at 12:51 am
Always remember, 6% of nothing = nothing. That’s exactly what Howard deserves – nothing.
I think the Judge will rule in O’Quinn’s favor. He offers a very compelling argument to justify keeping his financial records private. Wood and Stern have no right to swarm like vultures over the details of what Mr. O’Quinn owns, its value, and his tax records from 2006. Even if, by some stretch of the imagination, Stern wins, a current financial statement is adequate to determine a judgment.
Shame on Wood and Stern for being so nosy. Kudos to Rusty!!
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So there is a rumor that his parents that worked all their lives are selling their home for what? To give money to their son to stay in litigation the rest of his life? I really do understand that. I could see if he needed a kidney transplant or if the money was for health reasons, then you would sell everything you have for you child.
When will this man stop living off people and get a JOB?
Home Depot is always hiring if he does not want to use his law license. I mean really give those people their house back and leave your mother and father alone and get a job!
The man is over 40, time to grow up!
I can just hear Howie saying, “Screw you Rusty!”
LOL
O’Quinn needs to have the judge that smacked Howie’s hand in court over that stolen document write a statement also.
What does ‘blond,Baptist Kentacky’ Larry do for living?Who is paying the bills for this 35 y. old man?He gave cocaine to Vickie or Anna,he impregnated her for the money, but it’s ok, he’s our Kentacky boy.
K. Santy, LA Says:
September 27th, 2008 at 9:20 am
What does ‘blond,Baptist Kentacky’ Larry do for living?Who is paying the bills for this 35 y. old man?He gave cocaine to Vickie or Anna,he impregnated her for the money, but it’s ok, he’s our Kentacky boy.
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Arn’t you the one who said Howard’s parents are selling their home to support Howard??
I’m not sure what Larry does other than live off the fame of a very tragic story. Howard could have stopped Larry from taking control of Dannielynn, I’m sure Howard knows exactly what kind of person Larry is,I bet he even had lots of goods on Larry.. Were the stakes too high for Howard to stand up against Larry having custody of Dannielynn, was it better to make some kind of deal? Was money more important then the well being of a baby? These are many questions that have entered my mind.. Sandy S had made some very strong criminal/moral accusations against Larry, did Howard know about these accusations, were they true? Why did Anna want away from Larry, why did she and Howard go through such lengths to keep Dannielynn away from Larry, only for Howard to drop everything and partner with Larry???
Does Howard really believe Larry is the best choice to raise Dannielynn or was it the easiest choice for Howard to remain in control of the will?
You seem to have inside information, plese help out with these questions that have SOOOOO many wondering..
K. Santy, LA Says:
September 27th, 2008 at 9:20 am
What does ‘blond,Baptist Kentacky’ Larry do for living?Who is paying the bills for this 35 y. old man?He gave cocaine to Vickie or Anna,he impregnated her for the money, but it’s ok, he’s our Kentacky boy.
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You are right, he is another one that should apply at Home Depot. The economy is a mess,so who knows how much the baby will make and I agree with you Larry needs a JOB!
In this ecomnomy you need to do what you can for your family to survive not live off them and try to sue everyone.
I’d just like to repeat what Anna once said, “Screw You Rusty!”
What is a woman worth?
When you get right down to the grits?
And what is a legal document worth?
Just would like to remind everyone there was no pre-nup!
And I kinda would rather think that Anna maid/made Marshall rather happy.
And I kinda would like to believe that he made her happy, too.
I just heard a pop, LOL.
Good questions Freida1.
It’s prety debatable, but in the context you are using, I would say a woman is worth what she gets in writing.
A legal document is worth what is paid to produce it and the downside risk of what it protects against.
Just would like to remind you that no pre-nup is needed for separate property in Texas.
I kinda would rather believe the pepople in Texas who were around them who say she didn’t.
I kinda would belive he made her very happy for the same reason as above.