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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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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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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Nelda and Kenneth Turner who are being sued for defamation by Anna Nicole Smith’s mother, Virgie Arthur, have filed a motion with the United States District Court for the Eastern District of Texas to move their case to the Southern District Texas court. The documents state so they can be consolidated with the other lawsuits related to this case.

Attorney Michael Meyer for the O’Quinn Law Firm, rebuts this motion saying that the Eastern District is indeed the proper place and states that subpoenas were issued in the Eastern District and should be enforced in the same place as so far the Turners have not produced potential evidence as asked for. You can read the lawsuit documents below.

*Edited to add latest filings

051908_Turner_motion_to_transfer.pdf

052008_Arthur_opposition_motion_to_transfer.pdf

052008_Arthur_Exhibit_A.pdf

052108_Arthur_reply_Sterns_motion_dismiss_jurisdiction.pdf

Exhibit A is; 051308_Von_Waddle_full_interview.pdf

052108_Exhibit_B_RoseSpeaks.pdf

052108_Exhibit_C_Waddle_email_excerpts.pdf

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