Charles Babcock argued for CBS.  Babcock was accompanied by Mary Lou Flynn-Dupart. Neil McCabe representing Virgie Arthur was accompanied by Carl Shaw and Lilly Cadena of the O’ Quinn Law Firm.

Judge Weiman signed CBS”s  proposed order for protection and said that he had studied the summary judgment issues.

Weiman said he was ready to rule on the summary judgment motion, and as we all know, the Harris County website has the following posted, “2/26/2010 ORDER FOR INTERLOCUTORY SUMMARY JUDGMENT SIGNED 1 page.”

The Judge said that, if he denied the summary judgment motion, then the order of protection would not stay in effect. He also said that, even if he granted the summary judgment, CBS probably would have to submit to discovery that might pertain to other defendants.

Judge Weiman set a status conference for March 12 at 3:30, after conferring with McCabe and Babcock about an appropriate date. Of course CBS being involved in a status conference will depend upon the ruling that we are waiting to see.

Here is today’s order as we wait for the decision that has obviously made.

http://qvsplace.com/022610_Arthur_vs_Stern_etal_CBS_Protective_Order.pdf

UPDATE: It appears that CBS was granted their motion for summary judgment and the order was back dated to the date of submission which was November. The document is not available yet.

UPDATE II: Possibly the district court’s notation of “interlocutory” is not wrong after all. CBS filed a motion for “final” summary judgment, which the court appears to have granted, as reflected on the court’s site, dated Nov.16, 2009. The district clerk’s site shows interlocutory order, which is correct as to the case as a whole, because a summary judgment is not “final” in the true or ultimate sense of the term unless all parties and all issues have been done with. The order may be final as to CBS but it is interlocutory as to the case as a whole.

UPDATE III Order granting summary judgment to CBS Studios.

http://qvsplace.com/Arthur_vs_Stern_etal_Order_Granting_CBS_SJ.pdf

JOHN M. O’QUINN

JOHN M. O’QUINN, dedicated and extremely successful trial lawyer, generous benefactor, and devoted friend to those who loved him, has ended his earthly journey far too soon. John’s journey was always exciting because he demanded so much of himself. Born on the 4th of September 1941, he passed away Thursday, the 29th of October 2009.

John spent his professional life as a powerful advocate for the powerless – he was the courtroom champion of the ordinary person. He seemed bigger than life with his dynamic personality and folksy presence, which cleverly masked a giant intellect. He believed that the courtroom was the great common denominator: this was where each person was truly equal.

John was the “difference maker” in so many major cases. He considered the courtroom much like the athlete considers the playing field. John took each and every case seriously and personally. As the “people’s champion,” even those who opposed him in court soon realized his unflinching commitment to his clients, and that even they were enhanced by his presence. Each client was unique; each case special.

John was very much the home-town boy – he loved the city of Houston which helped create his legendary skills: both were robust, confident, extremely successful, with an unyielding attitude. Recognized publicly as a legal icon, he was named one of the 100 Legal Legends of the Law by the Texas Lawyer and recognized by the National Law Journal and Harvard Law Review as one of the Best Lawyers in America, receiving four of the largest verdicts in Texas legal history.

An honors graduate of the University of Houston Law Center, he served as a Regent for the University of Houston, as well as a trustee of the UH Law School Foundation. He truly loved the UH Law School and all UH athletic activities. John used his fame and fortune to assist not only the University of Houston with the John O’Quinn Law Library and the John O’Quinn Field at Robertson Stadium, but also the Children’s Assessment Center, the Women’s Center, Baylor College of Medicine, the End Hunger Network, St. Luke’s Episcopal Hospital, the South Texas College of Law Advocacy Center, and so many more endeavors of equal importance.

He was a man who was determined to give back to the city, which had been so very good to him. He once said, “The only things you get to take with you are those things you give away.”

But despite the public persona, John O’Quinn was also a very complicated private person. He seemed as if he were a walking contradiction. Few people knew the John O’Quinn who helped so many when no one else would. Not many knew of the wonderful friendship he shared with the few people who saw this private manifestation of his generous nature. The private John O’Quinn was the first to answer the call when a friend was in need, and he was loved by his classmates at the UH Law Center. From this class developed a strong bond between John and his contemporaries – Alvin Zimmerman, Jack Raines, Al Levin, and especially this writer, Gerald Treece. He was a friend to all of us and he is already being missed more than any of us can truly express.

The private John O’Quinn faced many demons. He fought them with the same zeal he approached the courtroom. John was a proud member of the 12-Step Fellowship, a group known as the “Motley Crew.” Only one woman was invited into this group, Darla Lexington, and together with these men, the group helped one another to fight the monster called alcoholism. John’s friends made him stronger and he them. His sobriety was nearing eleven years. He truly loved these guys.

Standing by his side was Darla Lexington, the love of his life. They shared a passion for philanthropy, the arts, and classic cars. Their dream was to build an automotive history museum in Houston and Darla intends to build that legacy in John’s name. They escaped to their beautiful ranch in Wimberley, Texas whenever they could and planned to retire there. John also deeply cared for Darla’s daughter, Michelle Coopwood, and referred to her as his daughter. John also leaves behind his beloved aunt, Ruth O’Quinn, and cousin, Carol O’Quinn, his extended famil, as well as many dear friends.

Darla, along with the guidance of Dr. Ed Young and others at Second Baptist, helped John on his journey to find his spiritual self. We can all rejoice that John found peace, and that he knows the full love of God, which is forever.

A writer to the Houston Chronicle, responding to the news of John’s death, wrote, “JMO was a brilliant attorney. He was a generous soul. The last samurai warrior. A real gunslinger. JMO championed the causes of the nameless and faceless individuals who did not have the means to challenge the mammoth defendants. UH has lost its son. Houston has lost its friend. The world has lost a generous soul….He loved hard work. He was a dedicated man.

“Friends are cordially invited to a visitation with the family from four o’clock in the afternoon until eight o’clock in the evening on Tuesday, the 3rd of November, at Geo. H. Lewis & Sons, 1010 Bering Drive in Houston.

So as to provide for more seating accommodations during the funeral service, kindly note the below change of venue at Second Baptist Church, from the Sanctuary to the Worship Center, accessible from Voss Road.

All are invited to the funeral service to be conducted at eleven o’clock in the morning on Wednesday, the 4th of November, in the Worship Center of Second Baptist Church, 6400 Woodway Drive in Houston, where Dr. H. Edwin Young, Pastor, is to officiate.

A reception is to immediately follow the service in the adjacent Deacons’ Parlor.

The entombment services are to be privately conducted on the O’Quinn River Ranch in Wimberley, Texas.

For those desiring, contributions in memory of John M. O’Quinn may be directed to the University of Houston John O’Quinn Memorial Fund, University of Houston, Houston, TX, 77204-5016 (please indicate whether you prefer to support the UH Law Center or UH Athletics); The Texas Heart Institute, 6770 Bertner St. (MC3-116), Houston, TX, 77030 (please indicate whether your contribution is designated for Dr. Willerson’s Research or Dr. O.H. Frazier’s Surgical Research); The Children’s Assessment Center, 2500 Bolsover St., Houston, TX, 77005; The Women’s Center, 1010 Waugh Dr., Houston, TX, 77019; or to the John M. O’Quinn Foundation, 3518 Travis St., Suite 200, Houston, TX, 77002.

This lovely obituary was written by ~Gerald Treece~

After introductions by Geraldo where he called Howard K. Stern and the doctors Kapoor and Eroshevich “bums”, and announced the trio is going to trial for “feeding” and “pumping Anna Nicole full of  the drugs that killed her”, brother Craig Rivera had a short interview with Virgie Arthur.

Mrs. Arthur, looking lovely and slender but sad and battle worn, believes the three are guilty. She said the doctors made it possible but Howard K. Stern was the one who kept giving the drugs to her daughter.

Mrs. Arthur, retired after a 28 year career as a police officer said, “you don’t help a drug addict kill themself. If you love them, you help them get off the drugs. Anna was wanting help. No one gave her any.”

Craig Rivera asked her if Anna had a history of seizures. Mrs. Arthur said she spoke to the doctors and she was told that all the meds that Anna Nicole took would cause the seizures.

The conversation turned to granddaughter Dannielynn, the baby who Mrs. Arthur says is her only link to her deceased daughter and grandson.

Rivera asked her opinion of Dannielynn’s father, Larry Birkhead. Mrs Arthur said that same thing many of us have been thinking and saying and that is that Birkhead needs to get a job and someone needs to be appointed to look after Dannielynns interests.

Amen to that!

The infamous clown video? Mrs. Arthur; “even the little girl knew my daughter needed help”.

Craig mentioned the sudden and unexpected death of attorney John O’Quinn who has been Mrs. Arthur’s “knight in shining armor”, since he came to her assistance at the Florida burial trial after Anna Nicole died in February of 2007. He also verified as we did here that in his wisdom, Mr O’Quinn made provisions so that Mrs. Arthur can continue her fight for justice with the full force of the O’Quinn Law Firm and her attorney Neil McCabe behind her.

The death of the great Houston, Texas philanthropist and litigator John O’Quinn is reverberating through the news wires from coast to coast. From the rich and famous to you and me, tears are being shed for the man who once said,

“What I do is represent the powerless against the powerful.”

And that he did. He took on giant corporations like Wyeth Pharmaceuticals, Dow Chemical and the tobacco industry and fought for justice for every day people who otherwise would have been victimized by greed and power.

I came to know of Mr O’Quinn years ago when I was researching for an attorney for my late mother. But I never knew of his generosity until the death of Anna Nicole Smith when Mr. O’Quinn flew to Hollywood Florida and represented her mother Virgie Arthur, as she attempted to claim her unmarried daughters body. Associated litigation is ongoing to this day sponsored by Mr. O’Quinn.

The good news from a source close to Mr. O’Quinn is that his legacy will live on. The O’Quinn Law Firm will continue to grow and prosper. All cases currently in litigation will be vigorously pursued to a successful outcome and that especially includes all the cases associated with the life and death of Anna Nicole Smith.

What a comfort that must be to the colleagues, clients and friends of  the legendary John O’Quinn, that they will be taken care of after his death as he did for them in life. I would not want to be an adversary at this point, as those who loved the larger than life super lawyer, proudly carry on the work that he cared about.

The lead attorney for Mrs. Arthur on the Anna Nicole Smith cases, Neil McCabe today told the Houston Chronicle, “Everyone is devastated,  John not only was the head of the law firm but a person who took care of all of us and we are going to miss him very much.”

Deepest condolences go out to the friends and family of Mr O’Quinn and Mr. Johnny Cutliff  who also perished in the crash, and was an associate of the O’Quinn Law Firm for over 20 years. May they both rest in peace.

How to begin to write about something so heinous, devious and disgusting is a dilemma. Where do you start?

It’s a tale of people gone too far in their “support” of someone they will never meet. It’s a tale of dirty back door dealings and not only criminal but immoral behavior. All in the name of helping someone who was present when two young people died.

It all started with the death of Anna Nicole Smith and her son Daniel Smith and has come full circle back to individuals on the internet who gathered to blog and chat in support of Howard K. Stern.

Anna Nicole Smith’s mother Virgie Arthur has sued Howard K. Stern, his sister Bonnie Stern, Journalist Art Harris, Larry Birkhead, TMZ Productions and its managing editor, Harvey Levin. She is also suing bloggers Nelda (Rose) Turner,  owner of Rose Speaks.com and Teresa Stephens and Houston, Texas Real Estate Agent Lyndal Harrington.

In a stunning motion for contempt filed today by Houston Texas O’Quinn Law Firm’s Neil McCabe, in the case, much background and laying the ground for what is charged to be a conspiracy to defame Virgie Arthur has been revealed and it’s not pretty.

The most disturbing facts presented in the public court documents today have been the stalking and harassment of a female investigator on the case, Wilma Vicedomine.

McCabe outlines evidence that Ms. Vicedomine USPS mail was stolen from her home. Her trash was ransacked and stolen. Her mail and trash were photographed by Lyndal Harrington and the photos were sent to Art Harris and Rose Turner.

In the court documents, some of the mail that was stolen from Ms. Vicedomine’s home included her phone bill. Bloggers who had been in contact with Ms. Vicedomine have found they have been the victims of harassing phone calls and wondered how their phone numbers were obtained. Now they possibly have an answer.

As a parent though, I am most distressed by the words of Rose Turner in a plan for Journalist Art Harris regarding the theft of Vicedomine’s trash.

Art Harris has been promised the exclusive on all of this to break slowly and we have always honored that with him. He is a news blog we are just a legalese discussion blog.

Later this week after things have been sorted we should know cigarette brands, food, computer used and printer, and her child’s Xmas wish list as well as who her daughter has a crush on, about everything that several garbage bags can yield.

Once that is sorted and all of it is listed will send that along as well.

Rose      (Exhibit E, page 3.)

I asked Wilma Vicedomine how this turn of events has affected her and the life of her child who Turner mercilessly targets.  She, of course knew about the thefts but not the invasive mission into the privacy of her young daughter until recently.

Back in April of 2008, Ms Vicedomine tearfully told me that things have been rough for her daughter but she did not go into detail until now.

Her daughter is a skate boarder who loves the outdoors but since taking on this case almost two years ago,  Ms. Vicedomine has had to keep her child indoors at all times to insure her safety.

Deviants whose mission is to ruin anyone opposed to Howard K. Stern, who go as far as to pry into the details of a child’s life have caused Ms Vicedomine to seek the help of local police who have had her home under surveillance since these incidents have come to light.

Being in the investigative business has taught Vicedomine not to ever put a phone bill in her trash thus the discovery that her mail has been stolen was reported to her local Post Master as well.

Another revelation from evidence that Rose Turner herself submitted was that L. Lin Wood and Krista Barth who are attorneys for Howard K. Stern knew about the theft of the trash.

Email from Art Harris to Lyndal Harrington that is included in the documents.

U are my sin-sniffing dream girl. Where have you been all my life? You remind me of me in my early reporting days, and what you have instinctively cannot be taught to j school students unless they’ve got a certain gene and heavy metal, or at least the right deodorizer to spray away the stench of evil. Maybe we got a new product: “Evil Does It: The Antidote”. Redacted…
Way to go! Lin and Krista have been told of your exploits, but not your name and promise secrecy. In the event this stuff comes into play in the upcoming depos….redacted……, would u be willing to give an affidavit as to how you came into possession of them? Redacted….

Well sir, we were on a neighborhood watch one night and were struck the the odor of something fishy..and grabbed the bag for further inspection, and indeed there was….etc….

Shower well. You deserve a spa day. TBT

Art Harris
Busy Street Productions.

—————-

More tomorrow!

Arthur_vs_Stern_et_al_Motion_for_contempt_Art_Harris.pdf

Arthur_vs_Stern_Motion_for_Contempt_Ex_ A-C.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_D-E.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_F-H.pdf

The second anniversary of the death of Anna Nicole Smith is upon us. She died two years ago today on February 8^th, 2007. I was a fan of her reality show and watched her personal appearances. I saw radio shock jock Howard Stern berate her for weight gain and I celebrated with her when she debuted slim and triumphant as the spokeswoman for Trimspa. She then ended up having the second child she always wanted only to have her beloved son Daniel die three short days after the birth of baby girl Dannielynn Hope. Five months later Anna Nicole Smith was also gone.

That’s why I started this website. It was called “A Mothers Last Wishes”. I already told the story of this blog and the blog war that ensued in this series of articles. A year has passed but what I said then is what I would say now if I were to write that part all over again.

The deaths of Anna Nicole and her son Daniel have spawned not one but several civil legal actions. First there was an inquest into Daniels death. Many were thinking that criminal charges could have been pressed in the Bahamas against Anna’s attorney and friend Howard K. Stern for Daniels death. The jury, who were instructed to come back with a specific verdict in that country known for corruption found Daniels cause of death to be non-dependent drug use.

Stern has been a busy man though. He has sued TV journalist and book author Rita Cosby for her book, Blonde Ambition. Ms. Cosby’s book outlined the suspicious circumstances of Anna Nicole and Daniels deaths. That suit is still ongoing in the United States Southern District Court of New York .

Stern sued Houston Texas billionaire attorney John O’Quinn. O’Quinn represented Anna’s mother Virgie Arthur in Florida Broward County Court as she fought for the right to take her daughters remains back home to Texas. But Daniel was buried in the Bahamas. Early reports from the funeral home handling arrangements indicated that Daniel’s body was being prepared for shipment back to the United States. It’s rumored that Anna Nicole was told she could not afford to do this. This was even after photos were sold for several hundred thousand dollars of Daniels last hours with his mother and sister. Anna’s remains went back to the Bahamas with Daniels and there they rest alone. Stern’s defamation lawsuit against O’Quinn he says, arose from statements that O’Quinn made to the press during and after those hearings.

Stern vs O’Quinn has settled. There was no statement from either party but speculation continues because there was a continuance granted to the defense on the date set for settlement talks. To the surprise of followers of the case, settlement talks proceeded anyway.

Stern as executor of Anna Nicole’s estate sued G. Ben Thompson and Ford Shelley who were former friends of Anna Nicole. They sold her a house in the Bahamas which they were never paid for. When Anna Nicole died, Ford Shelley entered the home and took things belonging to Anna Nicole. Shelley said she told him to do that in case anything ever happened to her. Which it did. What has been revealed has sparked worldwide controversy as to how much responsibility Stern should share regarding the deaths of Anna Nicole and Daniel.

Via Ford Shelley and Geraldo, Americans were treated to the infamous “Clown Video” where Anna Nicole is eight months pregnant and apparently under the influence… Just about every instance of that video has been removed from the internet even though Stern says the video was supposedly a joke that Anna Nicole planned to publish on her website. From a still publicly unknown source, pictures circulated the internet of Anna Nicole purple, hysterical, weeping and devastated while she held her dead 20 year old son Daniel in her arms in the Bahamian hospital where she just gave birth to her beautiful daughter.

In the meantime, Anna Nicole’s mother, Virgie Arthur, sued Howard K. Stern, CBS Studios and KRPC Houston for the Entertainment Tonight segment that will forever be called “The Mommy Dearest” video. It’s actually what brought me to this story. The sight of Anna Nicole weeping and seething in anger at her mother, whom I had never read or seen anything about was heartbreaking. It was that show which prompted me to start this blog. Only to later find out that Anna Nicole was deeply impaired during the taping of the show. According to those close to her (including baby daddy Larry Birkhead),  she was being kept drugged and out of it and told things that were just not true. Although Birkhead has changed his tune these days and is said to be a very close friend to Stern.

Mrs. Arthur’s lawsuit started in Texas State Court and was then removed to Federal District Court . Neil McCabe, Arthur’s lead attorney petitioned the court to add other parties to the case. The court denied the request but declared any case against the proposed added defendants “cognizant”.

That brings us to Virgie Arthur’s Houston Texas case for defamation. Mrs. Arthur through the O’Quinn Law Firm is suing Howard K. Stern and his sister Bonnie Stern. TMZ.com, Harvey Levin, its managing editor, Art Harris who is a special correspondent for CNN and other programs and networks, one blog owner, Nelda (Rose) Turner and two of her moderators who are Teresa Stephens and Lyndal Harrington.

Defendant Rose Turner of rosespeaks.com has an “entertainment blog”. She says she likes to cover various high profile legal cases. Rose wrote almost exclusively about the Anna Nicole Smith debacle until she was served with the current defamation suit. Now she covers other issues as well.

After attorney William Ogden who was representing four of the defendants in that case decided that he could not afford to continue defending at least two pro bono defendants, Rose and Lyndal Harrington, (per Turner) he resigned from the case also leaving those two and  two other clients, Bonnie Stern and Art Harris without representation.

Rose, finding herself without an attorney was faced with having to either cooperate with Neil McCabe’s requests for discovery or the judge in the case, The Honorable Tony Lindsay was going to issue an order compelling Turner to surrender her computer to forensic expert Craig Ball who has been appointed for this case. Turner decided to cooperate with McCabe rather than turn over her computer. The other defendants have been ordered to turn their computers and emails over to the forensic expert due to possible spoliation meaning possible destruction of evidence.

Turner had in her possession an email from Bonnie Stern that was enough for attorney Neil McCabe to bring one more party into this lawsuit which not only charges defamation but conspiracy to defame Mrs. Virgie Arthur. That party is the father of Anna Nicole’s baby daughter Dannielynn. In the court documents, McCabe charges it was Larry Birkhead who gave a mean spirited story TMZ published that implied that Mrs. Arthur married her step-brother with Howard K. Stern “sourcing” that story. In reality, Mrs. Arthur did not marry nor have a child with her step-brother. Their respective parents married later on. Millions of readers saw that story and voted on a poll all designed to humiliate Mrs Arthur.

And then another twist to the story. Defendant Nelda Turner last week, filed a motion to bring CBS into the State case. The Federal case against Stern and CBS had been dropped with costs being attributed to each party. Onlookers suspected a defamation case against CBS was not over but no one ever thought it would be Turner who brought them back in by way of the existing state case. Turner then announced that one of the defendants, Bonnie Stern has filed for bankruptcy. Research shows that this action will stay the Texas State case however there are legal remedies that I am assuming will be discussed in future hearings that may allow the case to continue while Bonnie Stern follows through with her bankruptcy petition.

The suit against Cosby continues. On the eve before former Los Angeles police officer and former body guard of Larry Birkhead, Mark Spear was to give a deposition in the Cosby case, Howard K. Stern filed a lawsuit against Spear and Jackie Hatten who was a personal friend of Anna Nicole’s. Stern claims both parties libeled him and caused false information to be published in Crosby ’s Blonde Ambition.

Sterns suit against Thompson and Shelley continues as does Anna Nicole’s lawsuit against the estate of J. Howard Marshall which she took all the way to the Supreme Court of the United States and prevailed in allowing it to be heard. Anna Nicole’s surviving child Dannielynn would be the beneficiary of anything won in that action but also big legal fees would go to Howard K. Stern.

Larry Birkhead with daughter Dannielynn appeared as a surprise guest on Larry King Live the other night which was featuring “the crying judge” from the Anna Nicole burial hearing, Larry Seidlin. Birkhead and Stern are spotlighted in a television special that is airing  on “E!” television called, “Anna Nicole, Tragedy in Paradise”.

Birkhead said he and Dannielynn are set to star in their own television reality show on the same network which just happend to be the network which created Anna Nicoles reality show back in 2002. It appears on all fronts that Birkhead is the new Anna Nicole Smith. He does not say who his manager is but for all intensive purposes, he has her possessions, her child and now he wants her stardom.

An investigation into the prescribing practices of one Los Angeles doctor and the psychiatrist who prescribed eleven medications of which eight were prescribed in Howard K. Sterns name was announced by California Attorney General Jerry Brown in October of 2007. Dr Kristine Erosovitch and Dr. Sandeep Kapoor had their offices and storage units raided by the California AG.

The much anticipated investigation continues and another bomb shell was dropped just days ago.The offices of Dr. Sandeep Kapoor were raided again and this time TMZ is reporting that United States Drug Enforcement Administration  assisted in serving a search warrant along with the California Medical Board. They are looking for a connection between the doctor and Howard K. Stern.

As for me, I have been named as a cooperating witness but former co-conspirator in Virgie Arthur’s defamation lawsuit in Houston Texas. It is said that evidence I and one of my former moderators, “Havana“, submitted to the O’Quinn firm has made this state case possible. We being tiny links to a larger chain of conspiracy.

My opinion of the sad deaths of Anna Nicole and Daniel has changed drastically. However as a witness, I find it best to keep my thoughts to myself. I have been maligned and attacked by Turner and the members of her website on the internet. I refuse to engage. The truth and substance of this case will be sorted out in a court of law. I stand by all I have said and will quietly remain until the final gavel falls.

There are many who desire to know the whole true story behind the lives and suspicious deaths of Anna Nicole and her son Daniel. Her adorable daughter Dannielynn deserves to know.

Hopefully with the latest raid in California and the ongoing investigation, the world will get some answers as to why two people had to die too young and too soon.

With extensions granted and apparent problems with settlement terms agreed to, the late Anna Nicole Smith’s attorney Howard K. Stern has settled his defamation lawsuit against Houston Texas attorney John O’Quinn.

O’Quinn represents the late Anna Nicole Smith’s mother, Virgie Arthur. During and after hearings in Florida to decide Anna Nicole’s final resting place, O’Quinn went on various television shows and implied that Stern was responsible for the death of Anna Nicole Smith and her son Daniel.

A prior announcement one month ago on October 30th, 2008 that the lawsuit was settled led to speculation that the terms may not have been too fruitful for Stern because settlement negotiations were officially postponed due to Florida Attorney Robert Klein having the flu. The negotiations did take place after all on the date that Judge Dimitrouleas had postponed. And there was no public statement from Stern.

The negotiations were allowed to continue until today, December 1st when the “Stipulation For Entry of Dismissal With Prejudice” and “Final Order of Dismissal” was filed.

The only terms revealed are that certain pages of a deposition given by O’Quinn investigator and consultant Don Clark dated October 14th, 2008, will no longer be confidential. The terms of the settlement are “strictly confidential” and neither party is permitted to comment except to say “the matter has been amicably resolved”.

120108_Stern_vs_OQuinn_248_settled.pdf
120108_Stern_vs_OQuinn_249_settled.pdf

A “My Fox Houston” reporter asks, “Was there a conspiracy to destroy the reputation of Anna Nicole Smith’s Mother?” He was talking about a lawsuit filed by Anna Nicole’s mother Virgie Arthur against Howard K. Stern, his sister Bonnie Stern, Journalist Art Harris, TMZ, its managing editor Harvey Levin and a group of Texas bloggers.

That was the lead in to a short interview by the station with Mrs. Arthur’s Houston Attorney Neil McCabe. McCabe had apparently just left the hearing in which defendants Stern, his sister Bonnie Stern and journalist Art Harris were scheduled to discuss jurisdictional issues being as Mrs Arthur lives in Texas and Howard K. Stern, Bonnie Stern and Art Harris do not. The three bloggers being sued are Texas residents.

The suit accuses Stern, his sister and others in a conspiracy to “destroy” Virgie Arthur.
A word lifted directly from one of the defendants according to Arthur’s attorney Neil McCabe of the O’Quinn Law Firm.

McCabe said, “We have an email from her saying, I’m still dedicated to destroying Virgie Arthur.” “This is really vicious stuff.”

TMZ.com posted an article accusing Virgie Arthur of producing a son with her step brother. McCabe says TMZ also ran a poll question concerning the article that was voted on by over 10,000 people. Most voted that Mrs Arthur is “creepy” due to the article.

The lawsuit says the information for the TMZ piece was provided to TMZ by the Sterns and others.
McCabe said, “They enlisted some people in Texas to help them with that. They tried to dig up dirt, as they called it, to try to ruin her (Arthurs) reputation.

McCabe said they will be asking for millions of dollars in damages.

Wrangling has continued over the disclosure of emails the plaintiffs consider to be evidence. The judge has set another hearing for December 10th.

Link to the news story and video interview http://www.myfoxhouston.com

Regarding the defamation suit of Howard K. Stern vs John O’Quinn. With an extension of time granted to Texas attorney John O’Quinn re a mediation hearing that was to happen on October 30th, quite a few people following this case were surprised to wake up this morning to see the mediation did indeed go forward on the previously scheduled day and the case was settled!

So far the details are confidential and are not expected to be published. The question around the internet is which party wanted to settle? Readers remember that the lead attorney for John O’Quinn in this case, Richard Klein, was forced to file a motion to reschedule the customary mediation hearing due to a bad case of the flu. Howard K. Stern’s co-counsel, Krista Barth was asked for the courtesy of extending the mediation and she refused, forcing Klein to file the motion. The extension was granted by Magistrate Judge Robin Rosenbaum.

As I was reading the chatter about this case on a Topix forum, I came to a post by an alert blogger stating that Lin Wood’s firm Powell Goldstein LLP who represents Howard K. Stern is being sold. This link to the Atlanta Business Chronicle was given. “Powell Goldstein to Sell to St. Louis Firm”.

Everyone will draw their own conclusions concerning the urgency to settle and the willingness of O’Quinn’s reps to attend a mediation that was already rescheduled by the judge. With the announcement of the sale of  POGO Law under dire circumstances, I know what I think about it. And it makes me wonder who got the short end of the stick in this deal.

********

Motion requesting court for relief of obligation to produce defendants financial records and proposed order.

103108_Stern_vs_OQuinn_243-2.pdf
103108_Stern_vs_OQuinn_243.pdf

The numerous lawsuits arising from the death of Anna Nicole Smith are all moving forward. Notable is that most of these suits have protection orders in place for at least a year and a half so the public will have to wait to see some of the more supposedly sensational material.

In Howard K. Stern vs Rita Cosby and Hatchette books, investigators Don Clark and Wilma Vicedomine gave depositions. Counsel for Stern in the Florida case of Stern vs O’Quinn requested to use not only those depositions but that of California Private Investigator Jack Harding who says he spoke to Anna Nicole’s son Daniel before his death. Harding says Daniel expressed fear and mistrust of Howard K. Stern’s involvement with his mother. When Daniel died unexpected and tragically in the Bahamas visiting his mother and meeting his newborn sister, Harding’s business card was found in Daniel’s pocket.

O’Quinn offered no objection to the use of those depositions which are protected from public view but Georgia defamation attorney Lin Wood for Stern would not allow Stern’s deposition to be used. Counsel for Rita Cosby also allowed her deposition to be used in Stern vs O’Quinn. Don Clark gave a deposition in Stern vs O’Quinn as well for a total of two that will be looked at in the Florida case.

A customary mediation hearing in Stern vs O’Quinn scheduled for today had to be postponed due to Florida attorney Robert Klein suffering from the flu. A call was made to Sterns counsel Lin Wood that went unanswered so Klein asked co-counsel Krista Barth to reschedule the hearing. She refused to reschedule but an emergency motion to Judge Rosenbaum resulted in the hearing being postponed.

103008_Stern_vs_OQuinn_241.pdf

103008_Stern_vs_OQuinn_240.pdf

November 4th at 4:00pm there will be a status conference in the US District Court case in Houston, Texas of Virgie Arthur vs Howard K. Stern and CBS Studios

And last but not least, a little comic relief in Arthur vs Stern and CBS Studios.