Lawsuit Moves Forward As Documents Are Released

[Windi-]

With each document that is released the outlook is that the defamation and conspiracy towards Mrs. Virgie Arthur are now moving forward. A trial date has been set for May 2010 in Harris County, Texas.

[the red couch]

Windi did you notice in the subpoena to ken the document calls ken a HER.

lmfao

they want HER to bring all documents in HER POSSESSION.... page 3

funny shit

[yep]

why move again?

[Windi-]

the red couch wrote:

$5 says lucky follows us.
:)

not a betting person especially when i know you would win. but the other thread is hidden and thought that we needed to be back out in the open.

[Windi-]

red have you read the documents this evening. that 89 page one is quite interesting.

[Windi-]

the red couch wrote:

Windi did you notice in the subpoena to ken the document calls ken a HER.
lmfao
they want HER to bring all documents in HER POSSESSION.... page 3
funny shit

i havent read that far yet..... but i know there is a reference to "her" from others.

[Windi-]

yep wrote:

why move again?

not saying anyone has to move, but if the other thread is once again hidden i would like my support to be in the open.

[SheStone]

I am bring over a couple of my posts from the other thread.

These documents I got from Train.
----------
A few more from Nelda. There was also a subpoena for Nelda but the document was bad.

http://bugsyhill7.angelfire.com/Brickhead_Opp...

http://bugsyhill7.angelfire.com/Art_Harris_Ob...

http://bugsyhill7.angelfire.com/Subpoena_Ken....

----------
My (SheStone's)comments

Isn't Art Harris's attorney going to run into the same problem as before that under the rules for designation of responsible third parties it only allows them to argue that the filing defendant has not pleaded sufficient evidence for the person to be designated, so that there is nothing in the rules to permit them to hold depositions and/or discovery until after they have been designated responsible third parties?

http://law.onecle.com/texas/civil/33.004.00.h...

(f) A court shall grant leave to designate the named person
as a responsible third party unless another party files an
objection to the motion for leave on or before the 15th day after
the date the motion is served.
(g) If an objection to the motion for leave is timely filed,
the court shall grant leave to designate the person as a responsible
third party unless the objecting party establishes:
(1) the defendant did not plead sufficient facts
concerning the alleged responsibility of the person to satisfy the
pleading requirement of the Texas Rules of Civil Procedure; and
(2) after having been granted leave to replead, the
defendant failed to plead sufficient facts concerning the alleged
responsibility of the person to satisfy the pleading requirements
of the Texas Rules of Civil Procedure.
----------
After the party has been designated a responsible third party then:
----------
(l) After adequate time for discovery, a party may move to
strike the designation of a responsible third party on the ground
that there is no evidence that the designated person is responsible
for any portion of the claimant's alleged injury or damage. The
court shall grant the motion to strike unless a defendant produces
sufficient evidence to raise a genuine issue of fact regarding the
designated person's responsibility for the claimant's injury or
damage.
__________

They appear to be trying to put the cart before the horse again. Although personally I would love to see a deposition of Ken and Nelda 'Rose' Turner.

JMO

[SheStone]

Here was McCabe's filing from the last time Harris's/CBS's attorneys tried this.

McCabe's Motion to Quash

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

The Bankruptcy stuff doesn't apply but go to pg 2, II.

There is no precedent for Defendant Art Harris to take a special deposition in order to discover the facts underlying a Motion for Leave to Designate a Responsible Third Party. Under Tex. Civ. Prac. & Rem. Code §33.004(g)(1), the only question as to the adequacy of such a motion is whether "the defendant did not plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure..." That is purely a legal question for the Court to decide, based on the face of the motion. Factual discovery can add nothing tothe Court's analysis of the law and whether sufficient facts were pled in the motion.
__________

So that would still be the case now.

JMO

[Windi-]

thank you shestone...

[Larryis]

Windi- wrote:

<quoted text>
not saying anyone has to move, but if the other thread is once again hidden i would like my support to be in the open.

I agree. I think what was done last night was done on purpose to get it hidden.

Thanks for the nice shinny new place to post Windi.

[Windi-]

Well I guess that now Ken Turner will be busy collecting his documents to send to Amanda Bush.

[Larryis]

the red couch wrote:

Windi did you notice in the subpoena to ken the document calls ken a HER.
lmfao
they want HER to bring all documents in HER POSSESSION.... page 3
funny shit

Hi Red, I saw that and thought wth. Oh and the wth stands for "what the heck". lol

[SheStone]

Windi- wrote:

Well I guess that now Ken Turner will be busy collecting his documents to send to Amanda Bush.

Unless they copy that part of McCabe's prior motion to quash with those arguments and fight the deposition and subpoena.

What does Harris/CBS hope to get from this deposition and subpoena that they didn't get when they purposefully circumvented the automatic stay of the deposition and subpoena of Nelda 'Rose' Turner by calling it a "sworn statement" and got her to turn over the stuff on February 9, 2009?

The one that took place and then two or three days after that, ta da, Nelda 'Rose' Turner had a new attorney. Even though she and Ken had made such a point about not being able to afford one.

JMO

[Ms Kitty]

Thanks for the link...

[Windi-]

SheStone wrote:

<quoted text>
Unless they copy that part of McCabe's prior motion to quash with those arguments and fight the deposition and subpoena.
What does Harris/CBS hope to get from this deposition and subpoena that they didn't get when they purposefully circumvented the automatic stay of the deposition and subpoena of Nelda 'Rose' Turner by calling it a "sworn statement" and got her to turn over the stuff on February 9, 2009?
The one that took place and then two or three days after that, ta da, Nelda 'Rose' Turner had a new attorney. Even though she and Ken had made such a point about not being able to afford one.
JMO

Shestone, all i see it as is more game playing. I want to see it get down to the grits of the whole thing.

[the red couch]

Windi- wrote:

red have you read the documents this evening. that 89 page one is quite interesting.

I need that one PLEASE
:)

[the red couch]

Larryis wrote:

<quoted text>
Hi Red, I saw that and thought wth. Oh and the wth stands for "what the heck". lol

LOL. So its interesting so close to the 4th on that one too.
Wish I could be a FLY on the wall in that place.{cough}

Nice that they are making this as easy on nelda as possible, ya know due to her failing health and all.

[SheStone]

the red couch wrote:

<quoted text>I need that one PLEASE
:)

http://bugsyhill7.angelfire.com/opposition_to...

Here it is. Good Night everyone.

[Narcissistic Nelly]

International News wrote:

Thus, Turner has revealed herself to be a clever, calculating, manipulative, and narcissistic gossip. What she has not done is to establish her credibility as a potential witness against anyone in this case, let alone Judge Lindsay or undersigned counsel. Page. 72
Does this mean no visits to see Judge Lindsay? This document needs to go to the media.

McCabe was to nice. What a gentleman!