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Stern vs Cosby Motion For Summary Judgment Documents

by QV on 12/16/2008

in Anna Nicole Smith

Rita Cosby and the publisher of her book, “Blonde Ambition”, has filed Motions for Summary Judgment in their defense of defamation charges by the late Anna Nicole Smith’s attorney Howard K. Stern.

Here are the available documents.

http://annanicoleandhowardkstern.com/60.pdf

http://annanicoleandhowardkstern.com/61.pdf

http://annanicoleandhowardkstern.com/62.pdf

http://annanicoleandhowardkstern.com/63.pdf

http://annanicoleandhowardkstern.com/63-2.pdf

http://annanicoleandhowardkstern.com/63-3.pdf

http://annanicoleandhowardkstern.com/64.pdf

http://annanicoleandhowardkstern.com/64-2.pdf

http://annanicoleandhowardkstern.com/64-3.pdf

http://annanicoleandhowardkstern.com/63-4.pdf

http://annanicoleandhowardkstern.com/65.pdf

http://annanicoleandhowardkstern.com/66.pdf

Replaced by Doc #79

Replaced by Doc #80

http://annanicoleandhowardkstern.com/69.pdf

http://annanicoleandhowardkstern.com/70_Virgie.pdf

http://annanicoleandhowardkstern.com/71.pdf

http://annanicoleandhowardkstern.com/72.pdf

http://annanicoleandhowardkstern.com/72-2.pdf

http://annanicoleandhowardkstern.com/72-3.pdf

http://annanicoleandhowardkstern.com/72-4.pdf

http://annanicoleandhowardkstern.com/72-5.pdf

http://annanicoleandhowardkstern.com/72-6.pdf

http://annanicoleandhowardkstern.com/72-7.pdf

http://annanicoleandhowardkstern.com/72-8.pdf

http://annanicoleandhowardkstern.com/72-9.pdf

http://annanicoleandhowardkstern.com/72-10.pdf

http://annanicoleandhowardkstern.com/72-11.pdf

http://annanicoleandhowardkstern.com/72-12.pdf

http://annanicoleandhowardkstern.com/72-13.pdf

http://annanicoleandhowardkstern.com/72-14.pdf

Replaced  #82 and #82-1

http://annanicoleandhowardkstern.com/74-2.pdf

http://annanicoleandhowardkstern.com/74-3.pdf

http://annanicoleandhowardkstern.com/74-4.pdf

http://annanicoleandhowardkstern.com/74-5.pdf

http://annanicoleandhowardkstern.com/74-6.pdf

http://annanicoleandhowardkstern.com/74-7.pdf

http://annanicoleandhowardkstern.com/74-8.pdf

http://annanicoleandhowardkstern.com/74-9.pdf

http://annanicoleandhowardkstern.com/74-10.pdf

http://annanicoleandhowardkstern.com/74-11.pdf

http://annanicoleandhowardkstern.com/74-12.pdf

http://annanicoleandhowardkstern.com/74-13.pdf

http://annanicoleandhowardkstern.com/74-14.pdf

http://annanicoleandhowardkstern.com/74-15.pdf

http://annanicoleandhowardkstern.com/74-16.pdf

http://annanicoleandhowardkstern.com/74-17.pdf

75 and all attachments are now #81

http://annanicoleandhowardkstern.com/76.pdf

http://annanicoleandhowardkstern.com/79.pdf

http://annanicoleandhowardkstern.com/80-0.pdf

http://annanicoleandhowardkstern.com/81.pdf

http://annanicoleandhowardkstern.com/80-1.pdf

http://annanicoleandhowardkstern.com/82-00.pdf

http://annanicoleandhowardkstern.com/82-01.pdf

http://annanicoleandhowardkstern.com/82-02.pdf

http://annanicoleandhowardkstern.com/82-03.pdf

http://annanicoleandhowardkstern.com/82-04.pdf

http://annanicoleandhowardkstern.com/82-05.pdf

http://annanicoleandhowardkstern.com/82-06.pdf

http://annanicoleandhowardkstern.com/82-07.pdf

http://annanicoleandhowardkstern.com/82-08.pdf

http://annanicoleandhowardkstern.com/82-09.pdf

http://annanicoleandhowardkstern.com/82-10.pdf

http://annanicoleandhowardkstern.com/82-11.pdf

http://annanicoleandhowardkstern.com/82-12.pdf

http://annanicoleandhowardkstern.com/82-13.pdf

http://annanicoleandhowardkstern.com/82-14.pdf

http://annanicoleandhowardkstern.com/82-15.pdf

http://annanicoleandhowardkstern.com/82-16.pdf

http://annanicoleandhowardkstern.com/82-17.pdf

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{ 37 comments }

1 anonymous December 16, 2008 at 5:37 PM

Virgie Arthur’s affivadit in the document was so sad to read. I certaintly believe more than ever now that she is the only honest person out of this whole saga. That affidavit was very moving. I really wish her the best in her persuits and I also wish her a very Happy Holiday Season surrounded by lots of loved ones!

2 anon December 16, 2008 at 5:58 PM

Rita Cosby, Jackie Hatten, Jack Harding are greedy wicked liars.They thought they could tell lies about Howard and get away with it.They are pitiful losers.Where’re broken English, wretched, illiterate “nannies”?Gone with wind?Rita ruined her career.She can find a job on some sleazy tabloid TV.Poor Rita, she has to pay an enormous price for her greed and stupidity. Howard is rich and happy with his girlfriend.Good life is the best revenge.

3 Anonymous December 16, 2008 at 6:04 PM

Hey I hope Rita wins this. It sure is awful when someone doesn’t agree, they say such horrible things when just shows what kind of person that are, just like the above.

4 Anonymous December 16, 2008 at 6:52 PM

Debunking Howard K Stern and Bombshells!

Rose should take lessons from Rita Cosby! LMAO

20 Plaintiff further testified that he had no knowledge of this bank account in his name (even though regular payments from it were made to his counsel and people in the Bahamas to cover his expenses) or the CBS payment until he received the 1099 from CBS at the end of the year. McN. Deci. 8 (Stem Dep. 322, 330, 344 and 349). Defendants were unable to confirm this rather incredible testimony with CBS since it claimed shield law-privileges and refused to disclose evidence concerning the negotiations. It did, however, produce the relevant documents evidencing the agreement and payments to Stern. McN. DecI.¶ 25.

Moreover, Cosby had legitimate concerns about her safety and Stern’s possible retribution against her should she bring to his attention some of what she had learned from sources and planned to include in the Book.35 She already knew that Anna’s bodyguard Moe Brighthaupt had his proposed book cancelled when Stem learned about it and she knew that Debra Opri, Jack Harding and the Nannies all claimed to be threatened by Stem or people associated with Stern.
The validity of this concern became even more evident from discovery in this action, revealing that Vicedomine had her trash rifled through and then placed on the internet with commentary from Art Harris is and Stern’s suing the witness Speer only hours before his deposition.

5 freida1 December 16, 2008 at 8:01 PM

What a bunch of pdfs.

6 Excerpts December 16, 2008 at 8:11 PM

Indeed, all one need do is sit down and watch the Clown video, made by Stem and documenting an eight-month pregnant Anna who was seemingly so out of it that she did not known she was pregnant, or look at the picture taken by Stem of Anna cradling her dead son, or consider participating in and selling pictures of a “commitment ceremony” two weeks after your son dies, and it is difficult to conceive of what you would find to be incredible. McN. DecI.¶J 37 and Cosby DecI.¶ 68.

7 Excerpts December 16, 2008 at 8:13 PM

Littlefield

Both Todd Shuster and I purposely decided not to have our names listed in the acknowledgments, as is common practice, because of concerns for our safety and fear of retaliation, given what we already knew about Howard K. Stem.

8 Golden Turkey Award December 16, 2008 at 8:14 PM

15. Finally, in the early stages of the project, I also watched both seasons of The Anna Aicole Show (the “Show”), a reality program launched in 2002 on F! Entertainment, The Anna Nicole Show is a “reality television” show. It generated significant press in the years it was on — generally about how incredibly outrageous Anna and her friends (including Howard K. Stem) were, particularly surrounding the seeming abuse of alcohol and drugs — and I was basically familiar with the press. Consistent with my recollection, lam now aware that reviews of the show include such comments about Howard K. Stem (“Howard”) as: her “shifty lawyer” and part of the biggest “freak show on TV.” Another awarded Howard a “Golden Turkey Award” in 2002 and described one episode in which “Smith came off more and more lost and confined, and she displayed roughly the same powers of reasoning and deduction as Sugar Pie the dog. But Stem, allegedly Smith’s best friend and protector, says it’s all good for her. Sure it is. And Stem isn’t in this for the money.” Yet another stated that upon viewing the show,“it was impossible not to believe that..[she] was under some sort of sedation.” Attached as Exhibit A are true and correct copies of articles regarding The Anna Nicole Show.

9 Golden Turkey Award December 16, 2008 at 8:17 PM

The Anna Nicole Show — A Reality Show
17. The public perception of Anna, and Howard was in no small part informed by how they appeared — and allowed themselves to appear — on The Anna Nicole Show.
18. On watching the show, it became readily apparent that Anna’s life was primarily about sex, money and partying. And Howard is her supporting side-kick. He is introduced as her “attorney,” but one never sees him doing anything that would remotely be considered typical attorney behavior. Instead, he is routinely seen as voluntarily engaging in painfully demeaning scenes. In one episode, Howard and Anna engage in a discussion about masturbation and vibrators, and how Howard masturbates in the morning before his shower, after looking at internet pornography (Season 2, Epis. 10); in another,you see Anna and Howard admitting that they are drunk and therefore should not drive in Las Vegas, and that Anna does not have a license, yet, Howard rents a golf cart and allows her to drive it in busy traffic on the Vegas strip (Season 1, Epis. 5). Then, in the Show’s Christmas Special, while at the Christmas party, Howard is yelled at by comedienne Kathy Griffin. She calls him the “town drunk” and compares him to Otis from The Andy Grffith Show (Season, 1, Christmas Special). In a “deleted” scenc, available to the public on the DVD of the Show, Howard tells Benji from the Howard Stern Radio Show (no relation) that Anna won’t allow anyone to perform oral sex on her unless he will first perform oral sex on her dog; Howard then asks Benji if he will give oral sex to the dog.(Season One, Epis. 10, Deleted Scene “Dog Lover”).

10 HKS Doggie Bj's December 16, 2008 at 8:20 PM

The Anna Nicole Show — A Reality Show
17. The public perception of Anna, and Howard was in no small part informed by how they appeared — and allowed themselves to appear — on The Anna Nicole Show.
18. On watching the show, it became readily apparent that Anna’s life was primarily about sex, money and partying. And Howard is her supporting side-kick. He is introduced as her “attorney,” but one never sees him doing anything that would remotely be considered typical attorney behavior. Instead, he is routinely seen as voluntarily engaging in painfully demeaning scenes. In one episode, Howard and Anna engage in a discussion about masturbation and vibrators, and how Howard masturbates in the morning before his shower, after looking at internet pornography (Season 2, Epis. 10); in another,you see Anna and Howard admitting that they are drunk and therefore should not drive in Las Vegas, and that Anna does not have a license, yet, Howard rents a golf cart and allows her to drive it in busy traffic on the Vegas strip (Season 1, Epis. 5). Then, in the Show’s Christmas Special, while at the Christmas party, Howard is yelled at by comedienne Kathy Griffin. She calls him the “town drunk” and compares him to Otis from The Andy Grffith Show (Season, 1, Christmas Special). In a “deleted” scenc, available to the public on the DVD of the Show, Howard tells Benji from the Howard Stern Radio Show (no relation) that Anna won’t allow anyone to perform oral sex on her unless he will first perform oral sex on her dog; Howard then asks Benji if he will give oral sex to the dog.(Season One, Epis. 10, Deleted Scene “Dog Loves”

11 Excerpts December 16, 2008 at 8:21 PM

20. Even more instructive – given Howard’s focus in this action on the fact that he is depicted as having had a sexual encounter with Larry Birkhead — is Howard’s casual and consistent portrayal as a cross-dressing man on The Anna Nicole Show. In one episode, for example, he accompanies Anna on a girls’ trip, as the only man. He and the group go to Chippendales, where he watches male strippers; the group then proceeds to a gentlemen’s club, where Howard gives the group a drunken, ridiculous table dance. Anna declares that despite protests from Howard about the experience, he enjoyed it.(Season 1, Epis. 5 and 6) On another episode, Howard dresses up like Bobby Trendy, a flamboyant gay man who is a friend of Anna’s; Howard also mimics his lisped speech and wears lipgloss.(Season 1, Epis. 11). Similarly, afler losing an eating contest, he is shown rollerblading with makeup and a wig on.(Season 1, Epis. 3). Yet another episode depicts Howard assisting Anna in filming a movie by dressing in drag because “Anna wanted him to.” He and Anna are seen discussing his penis in a way that makes it quite clear that Anna had no firsthand experience. When Howard then appears in drag, Anna indicates that she thinks that he secretly liked the transformation, because he protested too much,(Season 2, Epis, 7).
21. It is hard to gibe the plaintiffs sense of outrage over Blonde Ambition’s depiction of him engaging in a same sex tryst, with his evident willingness to prance about in drag on The Anna Nicole Show. Remember, The Anna Nicole Show was put on the air as a reality show.

12 Excerpts December 16, 2008 at 8:26 PM

24. These are only a few of many events in the Show, My primary take away from watching the two seasons of The Anna Nicole Show was that Anna and Howard’s life was so over the top that it would be hard to conceive of very many sex or drug related stories involving Anna or Howard that would seem “inherently incredible.”

13 freida1 December 16, 2008 at 10:43 PM

So is there a lesson here to learn?

Like why sue?

Bah Humbug…

I rather miss Rita’s voice, and I doubt she’d have a problem with getting a promotion….someday.

I really must say again…

This sure is a bunch of pdfs.

14 Carole December 17, 2008 at 2:06 AM

lol…I wonder how quickly Rita will get her Summary Judgment? I wonder how much more quickly will Woodie ask to settle befor the judge grants the summary judgement? After all, a little bit is better than nada….right?

15 Cassi December 17, 2008 at 2:17 PM

Rita/Hatchette have a great case, just a gut feeling, but I don’t think they will settle !

16 freida1 December 17, 2008 at 9:38 PM

Gosh, why settle when if you…

“Wait There’s More!!!”

Can’t find it in myself anymore to click and open those pesky pdfs.

Now you know once upon a time, I thought, I thought that Rita probably didn’t do her homework.

Now I think she probably did…but that it really doesn’t matter, anymore…or ever did.

Nonetheless, if someone told a lie about me I’d like to think myself strong enough to rectify it, but. Ewwwww

17 freida1 December 17, 2008 at 9:43 PM

No wonder a lot of young people like listening to ‘Rap,’ and ‘head banger’ music…and what’s that creepy guy’s name with an act like a take-off from Cooper, although I know in my heart he was trying to be ‘an all-American original.’

“It Ain’t Easy”…might even be impossible.

Was wondering about that little Caylee (sp?) today, too…than when you switch that channel (reminds me of S&M)…what do you see but “Feed The Children”…and then everything is back in perfect perspective…

None of it makes any sense.

18 freida1 December 18, 2008 at 1:42 AM

all larry and howard needed to do is say is…we’ve gotta baby to look after…so just go ahead and make our jobs harder…

Like maybe they should’ve stood up a long time ago, no matter their sexual orientation…

And maybe Rita kinda got drug down in this bog…like they cared to begin with, or gave a darn about her.

I mean really, just like Virgie…

“It’s a man’s world”…even if he is rather a sissy…

Oh, that hugh hefner…no need to capitalize his name…he already has.

Reminds me of those frozen foods yu can get now with a bunch of microvaveable instructions and materials…

I highly suggest ‘Eating Out.’

LOL…take that anyway you want.

Might be best to cook for yourself.

19 Carole December 18, 2008 at 2:40 AM

omg, I am so tired. QV please delete the post above this one. I do believe I’m the only person here who loves Tim Richmond.

http://www.youtube.com/watch?v=h4qPKc6_x2k&feature=PlayList&p=4553C6FF00772FF5&playnext=1&index=9

This one’s for the board

20 QV December 18, 2008 at 4:20 AM

New doc in Arthur vs Stern and CBS. CBS issued a subpoena to Stephen Tunsdall who was Arthurs attorney during the burial hearing.

http://annanicoleandhowardkstern.com/121708_Arthur_vs_Stern_103_Tunstall.pdf

21 Jill December 18, 2008 at 10:38 AM

I want to read Jack Harding’s declaration, but couldn’t find it.

22 freida1 December 18, 2008 at 4:18 PM

Country music makes me cry, and so does ‘The Law.’

23 Carole December 18, 2008 at 7:30 PM

Question for someone: CBS is subpeonaing (sp?) Virgie’s FL attorney? Any clue as to why, and isn’t anything he has done for her or discussed with her considered priviledged?

24 QV December 18, 2008 at 7:40 PM

Carole, I think someone mentioned that some attorney/client communications are not privileged under certain circumstances. The Judge will probably have to determine that.

25 anonymous December 19, 2008 at 12:07 PM

Virgie was paid by media organizations.CBS wants to clarify that, because Virgie denided that in the court during burial hearing.

26 Cassi December 19, 2008 at 5:27 PM

Perhaps VA did get paid for some interviews, who knows. I’am still at a loss to see how Tunstall would have been involved in any Media Deals. He was just the Attorney for the Florida Burial Hearings, (2-3) weeks of Representation and O’Quinn was there the whole time ????

27 freida1 December 19, 2008 at 6:30 PM

“Lead me not into temptation”

Can’t blame Virgie for getting a free ticket, who would not have done the very same thing?

28 freida1 December 19, 2008 at 6:40 PM

Forgive me, as usual I got off on a tangent.

This is about HKS defending his name, and reputation, or Larry, or Daniel and Lynn (I hope).

29 freida1 December 19, 2008 at 6:43 PM

Hope they all ‘come to terms’ in the interest that will accrue for the only living heir.

Babies don’t spend much, do they?

30 Carole December 19, 2008 at 8:13 PM

I don’t know either Cassie. That’s all I thought he was involved with, too.

31 freida1 December 19, 2008 at 10:36 PM

Something tells me, something I’d rather believe in…a few good men…like maybe HKS…although, this ‘thread of hope’ is running a little ragged and thin, as I hear that lady screaming for Pink Floyd.

I do see a future for those that get enough food…and that is knowledge…not spreading their legs…

Gosh, as beautiful as babies are, sometimes what makes them is uglier than than using oxygen.

Seems our generation, or my generation would rather pick pockets that plummet into the realm of what makes an embryo…and it ain’t love…just plain and simple biology.

Meanwhile back in the jungle…

32 QV December 19, 2008 at 11:08 PM

I’m curious myself about Tunsdall. Wonder if this was something that was just discovered, if its not about what was said at the burial hearing.

33 QV December 21, 2008 at 2:40 AM

The documents above have been added to starting with #76 to 82-17.

34 Mrs Marple December 21, 2008 at 11:54 AM

Wow!

35 Anonymous December 21, 2008 at 12:18 PM

Double Wow!

36 freida1 December 21, 2008 at 7:31 PM

Triple Wow…come on and tell me you didn’t guess I’d come back here and type this.

I’m still not gonna’ open that ‘can of worms’ (all those pdfs).

And, no matter the verdict or judgment or settlement…ain’t nothin’ gonna’ bring anybody back to life.

And ‘The Law’ is really just self serving, IMHO.

37 freida1 December 29, 2008 at 2:06 AM

Kinda think ‘Anna’ screwed them all, big time, especially the ones that possibly loved her most, and the ones that wanted her to work.

But, I still have a grudge against Hugh Hefner, and all those ‘pretty pictures’ men like him, literally ‘get off on’ publishing.

Ain’t nothin’ worse than making money on babies, in my estimation.

And that reminds me of ‘The News’ and ‘Nancy Grace.’

Yet here I am, commenting in the midst of this.

Yet, I have no money…so guess I’m safe.

Meanwhile, all those with pretty ‘birthday’ suits beware…

Even the oldest so-called ‘industry’ has its’ limit…

It’s called old.

When the fantasy meets reality and maybe, hopefully, in the future the law will not lay down but stand up.

Just words?

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