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 <<<added later

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

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Anna Nicole Smith’s mother Virgie Arthur’s conspiracy and defamation case against Howard K. Stern, his sister, Bonnie Stern, Journalist Art Harris, TMZ, Managing Editor of TMZ - Harvey Levin and bloggers Nelda (Rose) Turner, Lyndal (Lynderella) Harrington and Teresa (Butterfly) Stevens is underway.

Arthur’s attorney Neil McCabe has filed a motion to compel Howard K. Stern to produce information requested with exhibits. McCabe has also filed a “Designation of Expert”. Stern has previously filed his objections to requests for documents and information concerning emails and web postings and they are included with the exhibits. A hearing is scheduled for December 10th to discuss the email issues outlined in the documents.

A Mr John Mallery of Kansas City Missouri has been designated as an expert witness who may testify concerning forensic examination of various computer hard drives. His resume of credentials and publications are attached to the document.

With the circumstances being that I am a witness and a “former co-conspirator” who has agreed to cooperate in this case, my personal comments will be limited to preserve the integrity of my probable testimony.

This case will be interesting in many ways as the internet is still young as far as lawsuit precedents and law governing the internet that may be needed in the future.

That being said, you can read the motion to compel and the exhibits in support thereof as well as information concerning the expert witness.

Arthur_vs_Stern_etal_Expert_Designation

Arthur_vs_Stern_State_Motion_To_Compel_Stern

Arthur_vs_Stern_Motion_to Compel_Stern_Exhibits

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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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Lies Fabrications And An Overthrow.

Here are the latest documents from Pacer. I think you all will find it an interesting read. Then please come back and see my comments.

http://annanicoleandhowardkstern.com/050808_Supplement_plaintiffs_memo.pdf

http://annanicoleandhowardkstern.com/050808_Chrystal_Baker_Affidavit.pdf

http://annanicoleandhowardkstern.com/050808_Exhibit_Crystal_Baker.pd

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