A status conference hearing was held before Judge Larry Weiman in Harris County District Court today. A new scheduling order was agreed to by the parties and the court. The new order pushes all deadlines back 120 days because of the cases in the court of appeals. Defendants Art Harris, Howard K. Stern and Teresa Stephens have appeals pending. The trial is tentatively set for Sept. 21, 2010, subject to the approval of the court coordinator, who was not present today.
On the phone were Charles Babcock for Art Harris/CBS, Nelda “Rose” Turner, pro se, L. Lin Wood for Howard K. Stern, and Luke Lantta for Stern. Present in the courtroom were Neil McCabe and co-counsel Carl Shaw, Diana Marshall for Larry Birkhead, Richard Hess for TMZ/Harvey Levin, and another representative from Jackson Walker. Bonnie Stern and Teresa Stephens did not call in or respond to the proposed new schedule. Apparently Lyndal Harrington did not participate either.
Judge Weiman worked on the parties to get an agreement about a subpoena to Yahoo for Stern for his email as Stern admittedly uses Yahoo’s web based services. Wood, who was calling from his car, reiterated that Stern’s special appearance had not been heard and that he had not been deposed. Ultimately Judge Weiman agreed that Arthur should get electronic discovery before having to depose Stern.
Neil McCabe for Virgie Arthur explained to the court what the Rule 11 agreement was between Stern and Arthur about discovery, the special appearance, and deposing Stern. Wood did not agree. McCabe pointed out that the reason Rule 11 exists is so that there are not arguments concerning agreements between the parties. Here is the Rule 11 that was agreed to back in November of 2009.
Wood said there should have been a subpoena to Yahoo long ago. McCabe asked the court if Mr. Wood would facilitate that, and Wood agreed. At the court’s suggestion and by an agreement that the judge worked out on the spot, a subpoena is to be prepared by McCabe’s office for Wood’s office to send to Yahoo for Howard K. Stern’s web-based emails to and from all defendants including witnesses Von Waddle aka QV and Chrystal Baker aka Havana, if there are any.
Neil McCabe’s office will generate a new order for the signature of the parties and the court.
Meanwhile, the wait continues to see what the court of appeals decides.
Texas Rules of Civil Procedure. Rule 11. AGREEMENTS TO BE IN WRITING
Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.
{ 10 comments… read them below or add one }
“Knock on Wood”
Good one ‘freida1′. LOL /JMO
Some brute Howard ’tis…just snapped his fingers and ’she was it’…and her son, to boot, an d the truth is so sad, no ‘ladder’ to a 1K job…no great Dr. Phil or Hefner…with his heavy of mostly just dumping chemicals down the drain, out the back door, and down the tubes, too.
We know…the truth is that most just want more to get etal.
And that the ‘vat’ of man…keeps a woman on hand, to clean up after the hunt.
And even with this infantile wisdom, the story will remain the small, and babies all over this globe will be still born into this world of flies.
And, not pleasant…easy to see that SECTS…play the largest part.
Class dismissed
Am I correct in understanding that the results of the Status Conference that was held today in the Harris County Case Virgie Arthur vs. Stern/Harris/Birkhead/TMZ/Etc indicate that the case is moving forward and will go to trial September 2010? So much for the stampede out the door with all of those “Summary Judgments”.
No matter how much Wood “reiterated” today (I bet foaming at the mouth was more like it) he certainly didn’t get a “spring” break. Sounds as if this new judge has read everything, is on top of the matter and very aware of the games and delays that the defendants have perpetrated throughout this case. Per your article….
“At the court’s suggestion and by an agreement that the judge worked out on the spot……”.
then……
“Ultimately Judge Weiman agreed that Arthur should get electronic discovery before having to depose Stern.”
Judge Larry Weiman appears to be moving the case along quite nicely. I think the defendants are going to wish Judge Lindsay was still working the case before this is over.
All I can say is Wahoo or in Howard’s case I guess it would be ….YAHOO baby!
Yes you are correct. This judge stated for the record when he did award SJ to CBS that he was up to speed on the case.
Swim in the ocean over on TMZ is calling for VA and witness heads to the gallows. “The opposing counsel is orchestrating illegal maneuvers blah de blah de blah.”
SheStone and I are going to direct and produce
“Lawyers Gone Wild” starring Woodie since he had to attend hearing today in his car on the phone on “Spring Break”.
She Stone predicts fairly high lawsuit risk for our upcoming program.
All in all Just Guessing…. It’s been a great couple of days.
USA kewl
Thank you QV. Your version is so much more realistic and believeable than “that other place”.
“Ultimately Judge Weiman agreed that Arthur should get electronic discovery before having to depose Stern.”
Considering the quote above, the Status Conference was not the campy picnic depicted in the land of make believe.
Just Guessing, I think you just nailed it….in the Wood!
“lawyers gone wild” LOL
good point Carole, pretty much sums it up with “Ultimately Judge Weiman agreed that Arthur should get electronic discovery before having to depose Stern.”
I am very interested in this part of the case.
Hi QV
Hope all is well. I saw this and thought of you and your love for dogs.
http://www.ktla.com/news/landing/wjw-blind-puppies-txt,0,6860852.story