QV's Place » M. Michael Meyer

Virgie Arthur vs TMZ and Harvey Levin Response To Motion For Summary Judgment

QV — Thu, 29 Apr 2010 01:54:44 +0000

I have not had the chance to read all of this yet but what I have read of it pretty much says it all. TMZ published an article about Anna Nicole Smith’s mother Virgie Arthur that was not true.

In her complaint, counsel for Mrs. Arthur has in their possession an email that Howard K. Stern’s sister Bonnie sent to a blog owner, Nelda (Rose) Turner.

The email in part…

…Howard told me this morning that Larry was actually the one who intentionally leaked to TMZ the thing about Virgie and then Harvey Levin looked up and found the family tree…

…He (Howard) said that Larry leaked that because of the amount of viewership TMZ gets and it turned in their favor against Virgie that it happened so it was actually a good thing…..

He (Howard) didn’t understand why everyone was so mad so I told him that Art (Harris) wanted to break that story…He said he would have Art break the one above yet he doesn’t get a lot of viewership…They need the high viewership of TMZ at times…

I hope this helps explain some things.

XO Bonnie

The “Larry” who is referred to is Larry Birkhead, the father of Anna Nicole Smith’s baby Dannielynn. It appears that he gave this information to TMZ to publish in order to ruin Mrs. Arthur’s reputation. The Stern’s and Birkhead do NOT want Mrs. Arthur to know her granddaughter Dannielynn who is the only remaining person alive after the mysterious drug deaths of her mother Anna Nicole and brother Daniel.

As you can see from the exhibits, a lot of other websites picked up and copied TMZ’s libelous story subjecting Mrs. Arthur to world wide scorn and ridicule for something that did not happen as TMZ portrayed.

Journalist Art Harris is also mentioned. He was apparently upset because he was not chosen to distribute this false information as one of his “exclusives”.

Many do not know that Mrs. Arthur was a 26 year veteran deputy of the Harris County Sheriffs department. Also included are affidavits from a former supervisor and co-worker. Below is Mrs. Arthur’s response to TMZ and Harvey Levin’s motion for Summary Judgment.

Arthur vs Stern Defamation Lawsuit News

QV — Fri, 23 Jan 2009 23:34:36 +0000

In Harris County, Texas, an order granting withdrawal of Attorney William Ogden for defendants Nelda Turner, Lyndal Harrington, Bonnie Stern and Art Harris has been approved by Judge Tony Lindsay.

Arthur’s attorney Neil McCabe has filed a motion to compel responses to requests for production from defendant Howard K. Stern in the same case. That motion will be heard on February 6th.

In the Federal case of Arthur vs Stern and CBS, McCabe has consented to allow Howard K. Stern more time to set a date for Stern’s deposition but it has to be completed before February 24, 2009. Arthur has until March 9th, 2009 to complete discovery on Stern. The motion filed today is waiting for Judge Rosenthal’s signature.

Arthur_vs_Stern_et_al_Motion_to_Compel_Stern.pdf

Arthur_vs_Stern_et_al_Ogden_withdraw_granted.pdf

Arthur_vs_Stern_et_al_amended_hearing_notice.pdf

Arthur_vs_Stern_CBS_Stern_Time_Enlargement.pdf

Larry Birkhead Added to Virgie Arthurs Lawsuit – Neil McCabe Requests Sanctions Against Bonnie Stern

QV — Thu, 11 Dec 2008 23:30:44 +0000

I havent had a chance to read all the latest lawsuit documents today but I did read the “Second Amended Original Petition” where Virgie Arthur is adding Larry Birkhead to her defamation lawsuit. She is also suing Howard K. Stern, Bonnie Stern, Art Harris, TMZ Productions, Harvey Levin, Rose Turner, Lyndal Harrington and Teresa Stevens. The later three are bloggers and Turner is the owner of a pro Howard K. Stern website Rosespeaks.com

Attorney Neil McCabe is asking the court for sanctions against Bonnie Stern due to her being unresponsive in his requests for discovery.

I had a chance to touch base with Attorney Neil McCabe and he said today’s the hearing went well. His motion to compel Bonnie Stern to produce was granted with some minor exceptions.

The Discovery is to be done through an independent forensic computer expert with the judge saying she will grant the same with Art Harris, Lyndal Harrington and Rose Turner if they also do not cooperate as requested.

Attorney Ogden who represents Bonnie Stern, Art Harris, Rose Turner and Lyndal Harrington asked Judge Tony Lindsey if the judge should make Mr. McCabe show that he really has a case.

To that she replied, “Oh, I think he’s done that”.

Arthur_vs_Stern_Motion_to_Compel_BStern_Harrington_Harris_Turner.pdf <<

Arthur_vs_Stern_Second_Amended_Petition_Adding_Birkhead.pdf

Arthur_vs_Stern_Motion_to_Compel_Bonnie_Stern.pdf

Arthur_vs_Stern_etal_Stern_Response_to_Compel.pdf

Arthur_vs_Stern_etal_Arthur_Response.pdf

Arthur_vs_Stern_etal_Stern_Affidavit.pdf

Arthur_vs_Stern_Exhibit_A.pdf

Arthur_vs_Stern_etal_Exhibit_B.pdf

Arthur_vs_Stern_Exhibit_C.pdf

Arthur_vs_Stern_etal_Exhibit_D.pdf

Next Up Virgie Arthur vs Howard K Stern and CBS Studios

QV — Fri, 07 Nov 2008 21:58:15 +0000

Now that Howard K Sterns defamation lawsuit against Houston attorney John O’Quinn is tentatively settled, it appears the wheels will start turning in Virgie Arthur’s defamation lawsuit against Howard K. Stern and CBS Studios in the Southern District Court in Houston Texas.

There has been a protective order issued by Judge Lee H Rosenthal in the case, just as there has been in all the other cases that have arisen out of the tragic death of Anna Nicole Smith and her son Daniel.

One of the sections of the order says “confidential information shall not be used for purposes other than in connection with this case”. However, we saw Rita Cosby in New York who is also being sued by Howard K. Stern, freely hand over her deposition as well as those of investigators Don Clark and Wilma Vice to the Florida case.

Howard K. Stern was the only person who objected to having his deposition used from the Cosby case and he is the Plaintiff in both cases. Not too long after, the Florida case is tentatively settled. Could the same happen here?

Protective order: 110408_Arthur_vs_Stern_CBS_100.pdf

In the same case, Federal Correctional Institution inmate Jonathan Riches was denied a request to join in Mrs. Arthurs suit: 110508_Arthur_vs_Stern_CBS_98.pdf

And here is a copy of the docket for this case: Arthur_vs_Stern_et_al_Federal_Docket.html

Texas Has Jurisdiction Over Howard K. Stern. State Court Suit Against Bloggers And Additional Defendants Will Move Forward

QV — Thu, 26 Jun 2008 21:47:03 +0000

In the United States District Court, Southern District of Texas today, the honorable Judge Lee H. Rosenthal filed a thirty-one page order dispensing with several motions before her, in the civil suit of Anna Nicole Smith’s mother, Virgie Arthur vs Howard K. Stern and CBS Studios and KPRC Houston.

The attorneys for Mrs. Arthur had sought to add additional defendants to the lawsuit after her attorneys had discovered that there was defamation ongoing not only on television but also on the internet.

Attorney Neil McCabe of the O’Quinn Law Firm in Houston TX filed a motion to add Art Harris, a journalist and blog owner of artharris.com, Bonnie Stern, sister of Howard K. Stern, Harvey Levin, managing editor of TMZ.com and also TMZ the internet site and company. Also requested to be added were bloggers Nelda Rose Turner, owner of rosepeaks.com, Lyndal Harrington, a moderator of rosespeaks.com and Teresa Stephens a former moderator of rosespeaks.com.

The motion to add the additional defendants was denied. However, anticipating a denial, McCabe and colleague Attorney Michael Meyer filed a lawsuit in the 190th District Court of Harris County Texas against the additional defendants. There are presently jurisdiction objections from the non Texas residents. ~~Also there are motions pending in that court and requests for documents and examination of computers used to allegedly defame Mrs. Arthur.~~

Judge Rosenthal lists the various reasons for denial however, she recognized the validity of the claim of defamation and conspiracy and went as far as to write in her opinion that the added claim appears cognizable to pursue in state court. Cognizable The power, authority, and ability of a judge to determine a particular legal matter. (click on the highlighted words for more in depth definitions). The state court claim was also filed in a timely manner and can now commence.

KPRC was dismissed from the suit. Cited was the studio had a contractual obligation to broadcast the Entertainment Tonight interview and had no way of knowing in advance the subject matter of the interview.

Howard K. Stern’s motion to dismiss for lack of personal jurisdiction was denied. For specific personal jurisdiction, Judge Rosenthal differentiates and writes that “the court must assess Stern’s forum contacts independently from the contacts of the other alleged conspirators. The question is whether Stern himself, not the alleged co-conspirators had the requisite minimum contacts.”

The Judge states the claim against Stern is not that he himself made the defamatory remarks about Virgie Arthur by arranging the ET interview but that he urged Anna Nicole to make the statements about Mrs. Arthur. The Judge writes the alleged defamatory remarks concerned Arthur’s treatment of Anna Nicole when she was a child in Texas and about her experiences in Texas.

Stern knew that Arthur lives in Texas and has lived in Texas her whole life even though he has denied that fact in a sworn statement. He knew that Entertainment Tonight is broadcast in Texas and the events discussed were purported to occur in Texas. Arthur lives in Texas and that is where the harm has occurred and had “foreseeable effects” there. Stern worked to arrange to broadcast statements to the nation including Texas about the Texas activities of a Texas resident.

Judge Rosenthal’s decision rendered means that Arthur will be able to pursue her claim against Howard K. Stern and CBS in her Texas Federal Court.

The Judge also says that Mrs. Arthur will be able to move forward with her defamation and conspiracy claim against Howard K. Stern, Bonnie Stern, Art Harris, Harvey Levin, TMZ, Nelda Rose Turner, Lyndal Harrington and Teresa Stephens in Texas State Court.

You can read the full text of the Memorandum and Order here.
190th State District Court of Houston Texas, Arthur vs Stern et al Docket here

*Edited to strike reference that there is a motion in the 190th Houston TX court for production of documents and examination of computers. That was in the Federal case and declared moot.

Thanks to Trixie for the watermark!

Turners Ask For Change Of Venue In Virgie Arthur Lawsuit

QV — Wed, 21 May 2008 23:58:20 +0000

Nelda and Kenneth Turner who are being sued for defamation by Anna Nicole Smith’s mother, Virgie Arthur, have filed a motion with the United States District Court for the Eastern District of Texas to move their case to the Southern District Texas court. The documents state so they can be consolidated with the other lawsuits related to this case.

Attorney Michael Meyer for the O’Quinn Law Firm, rebuts this motion saying that the Eastern District is indeed the proper place and states that subpoenas were issued in the Eastern District and should be enforced in the same place as so far the Turners have not produced potential evidence as asked for. You can read the lawsuit documents below.

*Edited to add latest filings

051908_Turner_motion_to_transfer.pdf

052008_Arthur_opposition_motion_to_transfer.pdf

052008_Arthur_Exhibit_A.pdf

052108_Arthur_reply_Sterns_motion_dismiss_jurisdiction.pdf

Exhibit A is; 051308_Von_Waddle_full_interview.pdf

052108_Exhibit_C_Waddle_email_excerpts.pdf