Anna Nicole Smith's mother Virgie Arthur sues Conspiracy Bloggers

[SheStone]

There is a new item on the Harris County website under Settings:

11/23/2009 08:00 AM 080 Submission Docket (Local Rule 12) MOTION FOR CONTINUANCE (CIVIL)

Does anyone have any information regarding this?

TIA/JMO

[SheStone]

SheStone wrote:

There is a new item on the Harris County website under Settings:
11/23/2009 08:00 AM 080 Submission Docket (Local Rule 12) MOTION FOR CONTINUANCE (CIVIL)
Does anyone have any information regarding this?
TIA/JMO

Here is the document regarding this, courtesy of QV.

http://qvsplace.com/Arthur_vs_Stern_Motion_fo...

Basically it is just a request to change the date that they are required to name experts, which currently is November 24, due to the defendants not turning over discovery, spoliation of evidence, and stall tactics which have prevented the plaintiff from getting evidence that has been ordered to be turned over so they are not at a point where they can name their experts needed. The case basically is not as far along as it should be due to the behavior of the defendants in the case, which most of us are well aware of.

JMO

[Dink]

Thank you SHeStone

[Fanciulla]

SheStone wrote:

<quoted text>
Here is the document regarding this, courtesy of QV.
http://qvsplace.com/Arthur_vs_Stern_Motion_fo...
Basically it is just a request to change the date that they are required to name experts, which currently is November 24, due to the defendants not turning over discovery, spoliation of evidence, and stall tactics which have prevented the plaintiff from getting evidence that has been ordered to be turned over so they are not at a point where they can name their experts needed. The case basically is not as far along as it should be due to the behavior of the defendants in the case, which most of us are well aware of.
JMO

Thank you SheStone.

McCabe is not only asking for an extention for the deadline set to designate experts, which is November the 24th, he is also asking the judge (Weiman), to void the deadlines set out in the Docket control until the Writs of mandamus that Stern, Harris and Stephens filed in the court of appeals, are ruled on.

"Plaintiff inability to obtain discovery affects all the deadline set out in the Docket Control of June 1, 2009. It is impossible to determine at this juncture what dates will be appropriate for expert deadlines, discovery deadlines, pleading deadlines, and trial.

WHEREFORE PREMISES CONSIDERED, Plaintiff prays that dealines set out in the Docket Control Order be abated until such time as this Court can put meaningful and appropriate deadlines into place."

I don't see any reason for the judge to deny Mccabe's motion, discovery can't continue until there has been a resolution. It would be highly prejudicial to the plaintiff to leave those dealines in place when all the delays has been caused by the defendants.

[SheStone]

Fanciulla wrote:

<quoted text>
Thank you SheStone.
McCabe is not only asking for an extention for the deadline set to designate experts, which is November the 24th, he is also asking the judge (Weiman), to void the deadlines set out in the Docket control until the Writs of mandamus that Stern, Harris and Stephens filed in the court of appeals, are ruled on.
"Plaintiff inability to obtain discovery affects all the deadline set out in the Docket Control of June 1, 2009. It is impossible to determine at this juncture what dates will be appropriate for expert deadlines, discovery deadlines, pleading deadlines, and trial.
WHEREFORE PREMISES CONSIDERED, Plaintiff prays that dealines set out in the Docket Control Order be abated until such time as this Court can put meaningful and appropriate deadlines into place."
I don't see any reason for the judge to deny Mccabe's motion, discovery can't continue until there has been a resolution. It would be highly prejudicial to the plaintiff to leave those dealines in place when all the delays has been caused by the defendants.

I agree. I think the Judge will grant the motion.

JMO

[Fanciulla]

From Sizzles:

New Stuff in the Texas Case

Virgie's Motion to extend the 11/24/09 Evidence deadline

http://www.angelfire.com/teamtexas-virgie/VAM ...

Virgie's Notice of Submission

http://www.angelfire.com/teamtexas-virgie/VAN ...

CBS's Objection to Virgie Arthur's evidence

http://www.angelfire.com/teamtexas-virgie/CBS ...

CBS's Reply to Arthur's Response to CBS's Motion for Summary Judgment

http://www.angelfire.com/teamtexas-virgie/CBS ...

[Fanciulla]

From Sizzles:

oops, second file corrected:

Virgie's Notice of Submission

http://www.angelfire.com/teamtexas-virgie/vaN ...

[SheStone]

New document courtesy of QV.

Motion for Continuance of Summary Judgment Submission

http://www.qvsplace.com/Arthur_vs_Stern_etal_...

Basically McCabe is asking the court to grant time for him to respond to CBS's reply that was just filed last Friday and wasn't delivered to the law office until after hours so they did not have a chance to respond.

It is a very good read and McCabe sites TRCP rule 21 which he states CBS failed to comply with. He also sites case law examples and TRCP rule 166a(f) to support his position.

I love this line: "Indeed, the action of CBS smacks of sharp practice."

He is referring to how they filed it late enough and delivered it after hours so McCabe would not have a chance to respond.

JMO

[SheStone]

SheStone wrote:

New document courtesy of QV.
Motion for Continuance of Summary Judgment Submission
http://www.qvsplace.com/Arthur_vs_Stern_etal_...
Basically McCabe is asking the court to grant time for him to respond to CBS's reply that was just filed last Friday and wasn't delivered to the law office until after hours so they did not have a chance to respond.
It is a very good read and McCabe sites TRCP rule 21 which he states CBS failed to comply with. He also sites case law examples and TRCP rule 166a(f) to support his position.
I love this line: "Indeed, the action of CBS smacks of sharp practice."
He is referring to how they filed it late enough and delivered it after hours so McCabe would not have a chance to respond.
JMO

For those who are keeping track it was actually filed by Jonathan Stoger not specifically McCabe.

JMO

[TIA]

Thank you for the document SheStone.

I was wondering if you remember where TS's affidavit of indigency is? Do you recall if that was filed in Tarrant Co for the CNN suit or the other one against her mother?

I do know she filed it in Harris County also, but don't remember if it was filed with the Harris County court or the Appeals court. McCabe did file something contesting it at one time and included things about her apartment and car. The doc she filed listed her income, child support and her bills.

Thanks

[Makes u go hmmm]

TIA wrote:

Thank you for the document SheStone.
I was wondering if you remember where TS's affidavit of indigency is? Do you recall if that was filed in Tarrant Co for the CNN suit or the other one against her mother?
I do know she filed it in Harris County also, but don't remember if it was filed with the Harris County court or the Appeals court. McCabe did file something contesting it at one time and included things about her apartment and car. The doc she filed listed her income, child support and her bills.
Thanks

I see the response to it from McCabe in the Court of Appeals on August 21, 2009.

[SheStone]

TIA wrote:

Thank you for the document SheStone.
I was wondering if you remember where TS's affidavit of indigency is? Do you recall if that was filed in Tarrant Co for the CNN suit or the other one against her mother?
I do know she filed it in Harris County also, but don't remember if it was filed with the Harris County court or the Appeals court. McCabe did file something contesting it at one time and included things about her apartment and car. The doc she filed listed her income, child support and her bills.
Thanks

TS I believe has filed one for each of her cases. When she first submitted the one with her notice of appeal it went to HC court because an appeal is not an original proceeding, then she filed a 'Writ of Mandamus' which is an original proceeding so it was then before the Appeals court.

In the HC court is was originally contest by Harris County which Judge Lindsay rejected due to it just being a boiler plate contest to without specifics, I don't know if they refiled or not. In the appeals court McCabe's filed to contest it, the filing said "Arthur respectfully requests that this Court refer the matter to the trial court with instructions to hear evidence and grant appropriate relief."

I am not sure how it came back before HC court for sure, could be either of those ways or something else. We will have to wait and see.

Last night I posted some of the filings related to this on the other thread post #4118

These documents might help you in understanding Stephen's income.

Affidavit for Notice Of Appeal 7/16/2009 (Affidavit of Indigence)
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit a 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit b 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit c 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit d 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit e 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...

exhibit f 7/16/2009
http://www.hcdistrictclerk.com/eDocs/Public/V...
----------

REAL PARTY IN INTEREST VIRGIE ARTHUR'S CONTEST TO AFFIDAVIT OF INDIGENCE

http://www.angelfire.com/teamtexas-virgie/VAC...
----------

Response to Arthur's Contest of Indigence
http://www.hcdistrictclerk.com/eDocs/Public/V...

Exhibit A
http://www.hcdistrictclerk.com/eDocs/Public/V...
__________

Hope that was helpful for you.

JMO

[Makes u go hmmm]

VAContestIndigence is the name on the doc if that helps.

[Fanciulla]

SheStone wrote:

<quoted text>
For those who are keeping track it was actually filed by Jonathan Stoger not specifically McCabe.
JMO

Thank you SheStone.

It looks like Stoger area of expertise is appeals.

[cee cee]

Lucky and flowerz:
It appears the Anthony family has been visited by CPS after a request was put in re the safety of a child there with concerns after George's attempted suicide and Cindy being on disability. It does ot appear the request to check on the well being of the child came from anyone the Anthony's knew.

http://www.examiner.com/x-1168-Crime-Examiner...

Still think it is wrong to ask for CPS to do a "check" of a child???

[cee cee]

Here is the story:

On Friday, the Florida state Department of Children and Families paid a visit to the home of George and Cindy Anthony to follow up on a complaint.

George and Cindy are the grandparents of slain toddler, Caylee Anthony, 2. Their daughter, Casey Anthony, 23, is charged with first-degree murder in connection with the toddler’s death.

Bob Darrah, who contacted the agency, became concerned after seeing the Anthonys on a national news program, according to WESH 2 News. On the show, it was revealed the couple has been babysitting the child of a friend.

Darrah, an Orlando, Fla. resident, said he wanted to find out if the couple needed a license to baby sit in their home.

Carrie Hoeppner of the DCF told WESH that Cindy was very open with the agency and said she was “helping a friend who was between babysitters and that’s okay.” Therefore, the complaints were deemed “unfounded.”

Darrah told WESH that George’s attempted suicide and the fact that Cindy may be on disability concerned him and he worried about the child’s well being.

“I would have done it for any similar situation… I would not waste their time,” said Darrah.

Brad Conway, the couple’s attorney, said the complaint amounted to harassment of his clients. He said the Anthonys are examining legal options to deal with the situation.

[SheStone]

New document on the Harris County website.

Defendant CBS Studios Inc.s Response to Plaintiffs Motion for Continuance of Summary Judgment Submission 11/17/2009 5:16:00 PM

http://www.hcdistrictclerk.com/eDocs/Public/V...

[Fanciulla]

SheStone wrote:

New document on the Harris County website.
Defendant CBS Studios Inc.s Response to Plaintiffs Motion for Continuance of Summary Judgment Submission 11/17/2009 5:16:00 PM
http://www.hcdistrictclerk.com/eDocs/Public/V...

Thank you SheStone.

:)

[Holy cow]

cee cee wrote:

Here is the story:
On Friday, the Florida state Department of Children and Families paid a visit to the home of George and Cindy Anthony to follow up on a complaint.
George and Cindy are the grandparents of slain toddler, Caylee Anthony, 2. Their daughter, Casey Anthony, 23, is charged with first-degree murder in connection with the toddler’s death.
Bob Darrah, who contacted the agency, became concerned after seeing the Anthonys on a national news program, according to WESH 2 News. On the show, it was revealed the couple has been babysitting the child of a friend.
Darrah, an Orlando, Fla. resident, said he wanted to find out if the couple needed a license to baby sit in their home.
Carrie Hoeppner of the DCF told WESH that Cindy was very open with the agency and said she was “helping a friend who was between babysitters and that’s okay.” Therefore, the complaints were deemed “unfounded.”
Darrah told WESH that George’s attempted suicide and the fact that Cindy may be on disability concerned him and he worried about the child’s well being.
“I would have done it for any similar situation… I would not waste their time,” said Darrah.
Brad Conway, the couple’s attorney, said the complaint amounted to harassment of his clients. He said the Anthonys are examining legal options to deal with the situation.

Interesting

[Makes u go hmmm]

Defendant Art Harris and CBS Studio's Inc's Objection to Plaintiff's Notice of Submission and Response to Plaintiff's Motion for Continuance or Abatement of Case Deadlines

http://www.hcdistrictclerk.com/eDocs/Public/V...