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

The Hollywood Gossip started their latest Anna Nicole saga article with the words, “This is how a real pimp rolls.”

Apparently, paps caught the daddy of Anna Nicole’s baby daughter out wearing a t-shirt with Anna Nicole’s face on it. Read what they had to say here.

And that’s not the only smack down for Birkhead recently. Attorneys for Anna’s mother, Virgie Arthur are forging ahead with her libel and conspiracy to libel suit against Birkhead, Howard K. Stern, Bonnie Stern, TMZ and Harvey Levin, CBS/Entertainment Tonight, Art Harris (a journalist) and some bloggers.

Published in recent court documents is an email from Howard K. Stern’s sister Bonnie. In part Bonnie Stern says her brother Howard told her that Birkhead INTENTIONALLY leaked information to TMZ’s Harvey Levin. In other words, the group being sued are accused of libeling Mrs. Arthur and their own words may be what ends up in a finding against all of them.

An example is an email in part from Bonnie Stern to Nelda Turner (a blogger defendant in the suit)

…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

And to think all this time, various entities have been blaming little old me (QV) for the above including the actual guilty ones. I can’t wait until the rest of it comes out in court.

See what Birkhead is being sued for……..

Mrs. Arthur’s Fourth Amended Petition. http://qvsplace.com/Arthur_vs_Stern_etal_Fourth_Amended_Petition.pdf

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Followers of the Anna Nicole Smith cases may have heard about Jury Consultant and Investigative Strategist, Don Clark leaving the O’Quinn law firm. Although Mr. Clark is no longer operating in his former capacity, he was asked by executor of the John O’Quinn estate, Gerald Treece to work for the estate on certain confidential matters instead of working for the firm.

It’s possible Mr. Clark may also be performing other duties for the firm including assisting Virgie Arthur’s attorney Neil McCabe on matters which can not be disclosed at this time.

As for Wilma Vice, she will continue in her prior support capacity assisting McCabe in all things “Anna Nicole” with her primary focus on the criminal case in California regarding Howard K. Stern, Dr. Eroshevich and Dr. Kapoor.

Wilma said, “my dedication will remain firm and strong for Virgie Arthur and family.”

Wilma revealed that she is also going to reserve more time in her life for family and personal issues and she is planning and anticipating some exciting events for 2010.

*** I need to make a correction. I would like it make it clear that Don Clark no longer works for “The O’Quinn Law Firm”. He may be engaged to do things on an as needed basis but he is no longer an employee of the firm. He works for Gerald Treece. Sorry for any confusion I may have caused. Thanks. QV

Today is the third anniversary of Anna Nicole Smith’s death. This is a video tribute to her and her son Daniel Wayne Smith.

Since there are still questions regarding what’s in store for The O’Quinn Law Firm, I thought it might be appropriate to inquire within.

Senior Attorney Neil McCabe was kind enough to answer my questions. He sees exciting things happening for the firm which recently signed a new five year lease in their current office space. The biggest change for the firm is that it is no longer a company owned by an individual or even stock holders.

Mr. McCabe explained it like this…
The law firm is an asset of the estate, which means that he and the other lawyers and staff in the firm essentially work for a charity, not John O’Quinn, wealthy trial lawyer anymore. The estate is liquidating some assets, such as cars, real estate, etc… but not the law firm, which will continue to generate income for the estate, i.e. for the foundation.

Mr. O’Quinn died without any heirs. He was not married and never had any children.

McCabe said, “The liquidation of part of the car collection, as well as the fact that the will was published in the newspaper and called for the “orderly” winding up and dissolution of the firm, may have created a false impression that the firm now is closing. Even if the plan were to shut down the firm, an “orderly” process can take years, given the major litigation and the many hundreds of clients that the firm now has.  The firm has signed a new 5-year lease on the office space. The firm actually is taking new cases. I acquired a new one yesterday, and there are several others in the pipeline.”

Mr. McCabe also said that things just arent the same without John around and he is missed very much. He added, “The executor of the estate, Gerry Treece, told me yesterday that, contrary to the rumors going around, the firm is not shutting down.  There has been some streamlining of the firm, and a new business model is being developed.”

And that means prior recipients of O’Quinn’s good will such as health, mental health, children’s charities, law schools and science museum charities will continue to benefit from his legacy.

According to the Houston Chronicle, in recent years, a couple of Mr. O’Quinn’s larger gifts were, $1.1 million to South Texas College of Law and $5 million to a psychiatric hospital, The Menninger Clinic, where O’Quinn was on a committee. See photo above…

Los Angeles Superior Court Judge David Wesley has set August 4th, 2010 as the trial date for Anna Nicole Smith friends and doctors, Howard K. Stern, Khristine Eroshevich and Sandeep Kapoor.

The three were arrested and arraigned on a total of 23 felony drug charges. The charges include obtaining an opiate prescription by fraud, deceit or misrepresentation;  prescribing, administering or dispensing a controlled substance to an addict; and unlawfully prescribing a controlled substance.

The next hearing is this case is set for April 23rd, 2010.

February 5th is the day trial is scheduled to begin for Howard K. Stern and doctors Sandeep Kapoor and Khristine Eroshevich for felony charges related to the drug overdose death of Anna Nicole Smith. Its anyone’s guess as to whether it will go forward at that time.

But, here’s a clue! America’s favorite “pimp-daddy”, Larry Birkhead made an appearance on Access Hollywood seemingly to proclaim Stern’s innocence and throw the doctors under the bus.

Even though Birkhead acknowledges that Stern “wreaked havoc” on his life, he proclaims that he would be shocked if anything “came down” saying that Stern hurt Anna Nicole or her son Daniel Wayne Smith who both died of drug overdoses.

In contrast,  pathologists testified at an inquest into Daniels death that no evidence was found proving Daniel to be a drug abuser.

Birkhead, on Stern injecting Anna Nicole: Never once did I see Howard inject Anna Nicole. I think we will hear a lot of colorful things from a lot of colorful people. I did hear that was said…about Howard injecting her.. when they get cross examined, we’ll see how they hold up.

Perhaps Birkhead didn’t see it, but at the preliminary hearing for the upcoming trial, Anna Nicole’s bodyguard Maurice Brighthaupt testified that he saw Howard K. Stern cook a crushed Valium pill in a spoon and also saw him inject her four or five times in the months leading up to her death. He also saw Eroshevich inject a substance into Anna Nicole.

About the doctors who prescribed the medicines.. “they were friends of Anna Nicole, also her doctor(s). I was witness to things regarding their interaction and I think that’s probably what might be of interest in the case and some of the other things that go along with the time line.”

Mark Speer, a highly decorated retired Los Angeles County Sheriffs Deputy swore in Howard K. Stern’s lawsuit against Rita Cosby for the book Blonde Ambition, that Birkhead gave him a needle that was used to inject Anna Nicole to hold for safe keeping. He ended up taking it back after Speer spoke to the DEA about the needle and they showed no interest.

Speer testified that the finger prints of TrimSpa owner Alex Goen might be found on the needle and vial and also that he believes that Larry Birkhead was “bought off”.

In what was believed to be a last ditch attempt on Howard K. Stern’s part to silence Speer in his suit against Cosby, Stern filed a  lawsuit before Speer was to give his deposition. Stern eventually dismissed the lawsuit against Speer. In a press release, Speer said, “I am delighted that the frivolous lawsuit brought against me by Howard K. Stern has appropriately been dismissed. I stand behind all the statements I have made in this case. I am glad truth prevailed.”

Stern also dismissed his lawsuit against Rita Cosby. Stern’s criminal attorney, Steven Sadow is fond of stating to the media that “settlement” terms are confidential. However, the document ending the case states that it is dismissed in its entirety without costs going to either party. Does that sound like a “settlement”?

On the 22nd of January, the World Society For The Protection Of Animals received an official request from the government of Haiti.

The Director of Inspection and Vigilance for the Environment,  Environmental Department who the WSPA has been in communication with wrote to the organization saying…

“After the information exchanges that we have been keeping and given the magnitude of the disaster suffered by Haiti, putting the country under great risk of infecto-contagious diseases spread and possible animal epidemic outbreaks; … both the Agriculture Department and the Environmental Department… have agreed that WSPA aid is very important… (and) suggest that WSPA should organise a trip to Haiti as soon as possible.”

The organization had already been preparing for such a request and according to their blog, http://www.animalsindisasters.typepad.com/ they are now on the ground in Port au Prince beginning field assessments to see how they can best serve the country and its animal population.

They have recent photos of the damage and the work that they are just beginning in the earthquake ravaged country.

Please consider visiting their donation page no matter what country you hail from, they have a way that you can help.

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Update on Animal Rescue Site Donations! Yes!!!

The Last Picture Of Daniel Alive

Daniel was so excited about the birth of his new baby sister. He didn’t like to fly but on September 9th, 2006 he took a flight from California to Miami and on to the Bahamas. He arrived there and was taken by Howard K. Stern directly to the hospital to see his mother Anna Nicole Smith and the three day old baby who is now known as Dannielynn.

Daniel was not a drug user but less than 12 hours later, he was dead from a massive overdose of Methadone.

Hired gun pathologist, Cyril Wecht said Daniel died of a fatal combination of Methadone and an antidepressant. At an inquest into the death of Daniel, compelling testimony came from Dr. Lee Hearn, Director of the Toxicology Laboratory for Miami Dade County. He testified that, if not for the Methadone, Daniel would not have died.

I think someone wanted Daniel to die.

He would have been 24 years old today. I pray you rest in peace Daniel. Its a tragedy that our system failed you by never investigating why you had to die and who is responsible.