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.
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New order granted in the Howard K Stern vs John O’Quinn defamation lawsuit today.

The Honorable Judge Vanessa Gilmore presiding in the United States District Court Southern Division of Texas, granted and signed an order for motion to quash the Wilma Vicedomine non party subpoena for deposition request made by attorneys for Howard K Stern. The order is granted until the United States District Court of Florida has an opportunity to rule on a motion for protective order filed in that court concerning the same parties.

It is also noted that if the Florida court fails to address the privilege concerns, Defendant may “re-urge” them in “this proceeding”.

060408_Vice_motion_to_quash_granted.pdf
(Legal document donated by one of our members. Thank you once again!)

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Today, a compelling argument was presented by Virgie Arthur attorney Neil McCabe of the O’Quinn Law Firm. This concerns the late Anna Nicole Smith mother’s lawsuit against bloggers Rose and Ken Turner in conjunction with her defamation action against Howard K Stern and CBS Studios. Other defendants requested to be added to the suit include journalist Art Harris, Harvey Levin and TMZ.com, Bonnie Stern, Howard’s sister and two moderators from the Turners website, Lyndal Harrington and Teresa Stephens.

The Turners, seeking to transfer venue in a manuver to sidestep a subpoena requesting their computer records, cite First Amendment objections. At the same time, McCabe outlines how Mrs Turner on her website “objects to the subpoena in religious terms relating to her domestic practices”. For those not aware, Mr and Mrs Turner practice the BDSM lifestyle and apparently have attempted to claim the lifestyle as a religion in statements made on their internet site.

An interesting notation is how Turner’s commentary sparked internet discussion prompting the creation of an article published on The Red Couch by bloggers known as Kerry and Einy. The article title pretty much says it all.

Read; Why Being Made To Sit In The Corner Is Not Foreplay Or Worship,The Anna Nicole Smith Saga Through Rose-Colored Glasses.

The Sur-Reply filed in the United States District Court of Eastern Texas. 060408_Arthur_Sur-Reply_Turner was provided by one of our members. Thank you.

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