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

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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.

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Don Clark

COUP DE GRÂCE:

DON CLARK’S AFFIDAVIT SAYS IT ALL

Summary: Former FBI special agent Don Clark has submitted into the record an affidavit in which he reveals his findings at the conclusion of an investigation into the circumstances surrounding the deaths of Anna Nicole Smith and her son Daniel. He concludes that Howard K. Stern was “intimately involved” in their deaths. His affidavit and its contents are now part of the legal record, which has been the objective of many, including this writer, who have believed Mr. Stern may have been responsible for the deaths of 39-year-old Smith and her 20-year-old son.

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Just picked up a copy of US Weekly magazine. This blog does not correctly process question marks in the title. If possible, I would have placed a big question mark ??? behind the “Tombstone for Anna Nicole” part.

US magazine published a story about the arrival of Dannielynn’s 2nd birthday. She sure is a cutie and I hope she had a wonderful time.

As I read the article, I came upon this paragraph quoting Larry Birkhead;

What does this birthday mean to you?

…Today I’m toy shopping; last week I was tombstone shopping for Anna’s grave. [He and Howard K. Stern plan to put it on her Bahamian grave to commemorate what would have been her 41st birthday on November 28]

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Daniel Wayne Smith was born in Mexia, Texas on Jan. 22, 1986 to Billy and Vicki Lynn Smith aka Anna Nicole Smith. He spent the first six years of his life living with his grandmother, Virgie Arthur whom he adored, due to his mother working nights and starting a career that would eventually propel her to stardom.

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A 65 page decision was rendered by Magistrate Judge Robin S. Rosenbaum in the Florida Southern District Court lawsuit that Howard K. Stern filed against Houston Texas attorney John O’Quinn and his law firm on various pending motions. The suit was filed by Stern alleging defamation by O’Quinn concerning statements that he made to media outlets after the death of Anna Nicole Smith while in representation of Anna Nicole’s mother Virgie Arthur.

In his statements, Stern alleges that O’Quinn made statements conveying that Stern murdered Anna Nicole Smith and her son Daniel Smith for financial gain. Also alleged was Stern kidnapped Anna Nicole’s infant daughter Dannielynn for the purpose of ransoming her to Larry Birkhead. Read the rest of this entry »

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Those of us who have been following the investigations and subsequent lawsuits surrounding the deaths of Anna Nicole Smith and her son Daniel Wayne Smith have at one time or another been threatened with exposure to lawsuits, physical violence and other sundry unmentionable acts. At times, I have felt embarrassed, humiliated, angered, outraged, amused and frustrated. But lately the dominant emotion has been disbelief. Disbelief, that human beings can behave in a manner that I never imagined before joining the list of interested citizens reading and voicing my opinion on the subject.

Many have expressed their frustration over the perception that their fundamental right to free speech has been threatened and at times thwarted by persons involved in this whole mess of a media and legal circus. Most of these rants have no basis in fact or law and the problem is easily remedied by simply clicking on the “red x” in the corner and retiring with a good book. But not all the concerns expressed can be so casually dismissed. As tawdry and at times silly as some of this is, there are profound legal and moral issues involved.

( Need not be registered to comment but see rules below. Thank you.) Read the rest of this entry »

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I just read a great article that highlights why bloggers among others are being sued by Anna Nicole Smith's mother, Virgie Arthur.

The main hench woman is Nelda Rose Turner aka rosespeaks.com, appointed by Howard K. Stern's sister Bonnie Stern and family as legal liaison for Howard K. Stern and his attorney's. She has led the internet blog world attack against anyone perceived to be a threat to Howard K. Stern. Its all there, quoted and dated word for word.

Check out the article  http://the-red-couch.blogspot.com/2008/08/sound-and-fury-of-rose-amounts-to.html

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No family enjoys the tasks that inevitably come with planning a funeral or the death of a loved one and it’s even harder to deal with after a death.

My family and I decided with the failing health of a family member that we wanted to get that part out of the way before, rather than after. Cemetery lots in a beautiful location have been purchased.. Step two was a memorial stone. We chose one yesterday.

Looking at the monuments naturally reminded me of Anna Nicole Smith and her son Daniel Wayne Smith whose Bahamian graves are unmarked to this day even though a year and a half has passed since the death of Anna Nicole and two years is fast approaching since the death of Daniel.

On June 20th 2007, Art Harris, thebaldtruth.com who was writing many “exclusives” about the Anna Nicole and Daniel Smith deaths announced in an article; “Exclusive: New Details on Gravestone For Anna; Wanted: Flawless, 7 X 8 Foot Slab of Granite; Stern and Birkhead Hunt “Perfect” Memorial; TBD Anna & Daniel Photo To Be Etched in Stone”.

Following a guest article written for this site about the condition of the graves which were reported as barren without even a ground vase, “rosespeaks.com” on January 5th 2008, published a blog article citing Harris’s article above and a press release from a Woodland California firm, Aquarius Laser Etching and Design

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As I wrote a few days ago, there are many facets and people from all walks of life involved in the story of the deaths of Anna Nicole Smith and her son Daniel Wayne Smith. One sector is the infinite world of the internet and its bloggers.

Howard K. Stern's attorney Lin Wood wrote a piece entitled "Litigating in the Court of Public Opinion". 

I personally have not read any of his work but the title is intriguing in that some of the folks in the internet part of this story are what I consider warriors for the truth. Their truth. These warriors come from all over the world.

Those of like minds who have gathered together to discuss this case are very passionate about it. They are shaping public opinion. Some realize it and work hard at it. Some just like the discussion and arguing. However they indeed are making a difference concerning what the public thinks about the premature deaths of Anna Nicole and Daniel. And they do matter and will be heard in the various lawsuits. Maybe not right out front but they are there. And so am I.

I suppose that is why Mr. Lin Wood checks in on my site most every day. He knows from experience that we are a part of these cases. I’m kind of busy in the summer time so I don’t have too much to say. Things will be more active as we move into fall Mr. Wood, so keep checking back.

Without further commentary from me, I would like to present another article written by the blogger known as Einy. Her group experienced first hand how involved and even scary this case has become for some of us that are said to be unimportant. And as these civil lawsuit cases move on, I fear more of the same of what Einy is writing about.

Click on over to The Red Couch to read “Trick or Treat, Why Go to a Costume Party Without a Costume?” Written by Einy..

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