In her surreply to TMZ’s motion for summary judgment that was submitted today without hearing, Mrs Arthur’s attorney outlines how TMZ is engaging in fact twisting and manipulation. They also continue to vilify Mrs. Arthur by persisting that Mrs. Arthur did something wrong by marrying the father of her child many years ago. The marriage did not work out and they separated. Sometime afterward, Mrs. Arthur’s mother and her soon to be ex-husbands father married.
TMZ purposely spun facts and untruths publishing that “Virgie hooked up with a step-bro” and produced a child. A shameless attempt to smear the reputation of a woman who had recently lost her world famous daughter and shortly before that, her grandson whom she raised until he was 6 years old. Anna Nicole and Daniel Wayne Smith both died of drug overdoses under suspicious circumstances.
According to emails in possession of Neil McCabe, attorney for Mrs. Arthur, Howard K. Stern and Larry Birkhead plotted this travesty with Harvey Levin who used his position at TMZ to print articles that were picked up all over the world subjecting Mrs. Arthur to scorn and ridicule with false information. Add in Journalist Art Harris who also wrote emails upset and throwing a tantrum because “someone” stole “his” scoop with more defamation that he was planning.
It’s no secret that Howard K. Stern and two doctors who prescribed for Anna Nicole outrageous amounts of easily abused and addictive drugs in fake names were brought up on felony drug charges in Los Angeles. Speaking of Stern, attorneys for Arthur scheduled a deposition for him and he has filed to quash. Wonder why? If you have nothing to hide, why not do the deposition? In fact, my opinion is that Stern will eventually be compelled to do this depo. He thinks because he has a writ of mandamus pending that he does not have to submit to discovery. Art Harris found out different if you read the previous article.
A prominent forensic expert examined a computer that Harris turned over and found massive spoliation consisting of switched out hard drives and deleted emails that another defendant had already submitted. Whether that evidence will be allowed at trial is still up in the air as Harris won a writ of mandamus which ruled that the trial court erred ordering overbroad discovery. Arthur is asking for a re-hearing on that issue.
050910_Arthur_vs_Stern_Surreply_to_TMZ_Levin_Motion_SJ.pdf
051010_Arthur_vs_Stern_HKStern_Motion_to_Quash_and_Protective_Order.pdf
Here is the Rule 11 agreement that Stern made with Arthur’s counsel agreeing to the above deposition.
http://qvsplace.com/Arthur_vs_Stern_etal_Rule_11_Agreement_Stern.pdf
New Docket Control Order
050710_Arthur_vs_Stern_Docket_Control_Order.PDF
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HKS and his attorneys try to claim it is reversible error for them to require HKS to do a deposition before his special appearance hearing. The big problem I see for HKS is the rule 11 agreement where he agreed to be deposed in one deposition on both the jurisdictional and merits of the case, and for the deposition to be done prior to his urging the hearing on his special appearance.
JMO
I wonder what HKS and his attorneys are afraid that they might be served with or in regards to what they might be served with based on this claim:
13. Furthermore, even if Stern were to appear in Houston for the deposition, Stern does not trust Arthur’s counsel to refrain from attempting to serve Stern with process — for this case or some other harassing case they might try to dream up — while traveling to or from a deposition. If Stern is compelled to travel to Houston for a deposition, then he requests that this Court enter a protective order making clear that his travel to and from Texas, as well as any time spent there, is subject to his special appearance. See Citrin Holdings, LLC, 305 S.W.3d at 280 (appearance for jurisdictional deposition was subject to special appearance and plaintiff’s attempts to serve defendant with process after his deposition was invalid).
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What are they afraid of? Also according to the rule 11 agreement the deposition should be for both jurisdictional and merits of the case.
JMO
Woody doesn’t want the depo in Texas because he can’t filibuster. He has to keep his trap shut. Some Texas law….not sure what it is…
…filibuster?
Ain’t that ’bout some RODEO?
Writing a ‘script’ for to alleviate pain…get a special ‘Degree’ called some ‘Docto-rate’…
Blame it, Name it…what ‘is’ ‘is’…
Still think there’s a perfume that AKA is alive and well and living in Dubai with her prince son.
“No Doubt” we’d never be the Wizard!!!
I loved McCabe’s emails! And what is this about McCabe bringing Susan Brown into the case?
I was talking to a friend today about how it was when I was young and having a legitimate child. Today it is not the same but I completely understand marrying a man for the sake of your child to be called legitimate. Says a lot about VA decency if you think about it.
You have a good point there Mary. They were trying to do “the right thing”.
I dunno Carole. I think he just wanted to have the depo there. Can’t wait to see what the judge says about the motion to quash after they already had a rule 11 agreement. Indian givers! LOL!
http://www.usmagazine.com/celebritynews/news/larry-birkhead-auctioning-off-anna-nicole-smiths-car-dog-bed-2010125
Larry Birkhead Auctioning Off Anna Nicole Smith’s Mercedes, Dog Bed
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