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Federal Judge Says It Seems Bogus To Him

2/20/2008 5:55 PM PST BY TMZ STAFF

A Federal judge in the Britney conservatorship case has issued a tentative ruling that the move to make a federal case out of it is ridiculous.
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Judge Philip Gutierrez set a deadline of February 29 for Britney's so-called lawyer, Jon Eardley, to explain why on Earth the federal court has any business getting involved in Britney's mental affairs.

The court said it sure seems the Feds have no jurisdiction to interfere, and unless Eardley can convince the judge to the contrary, the case will go back to State court on Feb 29.

Stay tuned ...

146 COMMENTS

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76.

i-fed up of fedex    



Posted at 7:13PM on Feb 20th 2008 by marilyn

=====
Or maybe this is what happened.... "Kevin, shut your mouth, stay out of sight and do as i say ... and WE , ahem sorry i mean, YOU will be rich." ... "Yea dude, totally, she'll be sorry!!!"

Fed has realised that this BS smearing and putting her through sh1t is actually having drastic effect and if he doesn't give in sooner or later maybe he WILL end up with the kids forever. no more parties, no more freedom, and......oops, how's he gonna pay the bills on 2 tv jobs a year? And he repeatedly admits it's too much for him to handle...
Plus the chance that the family will get her on her feet, so he will look like the j3rk he is for not softening up.

You imply she doesn't love her kids.... And what do you want britney to do? Do you think by turning up to court means she wants them anymore than if she doesn't? Both of them hardly ever turn up to hearings. And fed only recently turned up 2 the ones in jan so he could look like the dutifull dad, a nice PLOY by kaplan who knew the papers were playing a "will she/wont she" game...

Watch this space - Kevin will have as much involvment in Britney's kids life, as he does in Shar's... not more.
He probably misses those parties more than you can imagine now....... wants life back to normal.



2353 days ago
77.

I Smell A Rat    

#66, Itsy - You're welcome. Lots to wade through in there. If Eardley lies, he'll be perjuring himself. I know lots of people will say that lawyers do that all the time, but his ass is really on the line here. Disbarment is serious business, and I highly doubt this weasel is going to cover someone else's slimy ass when it's going to be hard enough to protect his own. This isn't his first time trying to involve himself in a case in which he had no legal standing. That's a huge legal NO-NO. Did you notice how lightning-fast Adam Streisand removed himself once he got ALL of the paperwork that said Britney had been adjudicated by the Probate Court to be incompetent to retain counsel? That folks, is what the law requires an attorney who has no legal standing to do, immediately. He doesn't get brownie points for it - that's the law. Mr. Eardley, however, seems to fancy himself above the law since he's STILL HERE. Look up "shyster" in the dictionary - is that a picture of Jon Eardley next to the definition? How apropos.

2353 days ago
78.

Sharona    

Do you not remember the old phrase "don't make a federal case out of it".........How true...

2353 days ago
79.

cheetos    

Jon..hey it's me Sam....(whispers) sam! I hope you're calling from a pay phone!...Shut-up Jon! I'm not STUPID you moron! Just who do you think is running this Show?!....(still whispering) whaddau want sam?... JON Stop with the Whispering YOU MORON! jeez, I can't believe Sands actually referred me to you!! ....(still whispering) sam, i think my phones are bugged!! .....OSAMA!!...(whispering) what ma?! i'm on the phone right now! doing some business!....OSAMA ! GET OUT From under the counter! THIS IS A GAS STATION!!....Jon I'll call you later...

2353 days ago
80.

DIANE T    


Grossman, the fired business manager, also should be looked at. He handled all her business affairs and Sam Lotfi was the liaison between Spears and Lotfi.

Grossman is financially poorer since he was kicked out of Britney’s life and he should be looked at too.
BTW, did the Spears ever get copies of the emails from Sam demanding money?

2353 days ago
81.

cheetos    

#76., Prudence Juris,

Thanks again! It is refreshing to read/learn about facts instead of alot of conjecture!

2353 days ago
82.

DIANE T    


78.

Grossman, the fired business manager, also should be looked at. He handled all her business affairs and Sam Lotfi was the liaison between Spears and Lotfi.

Sorry. I meant to say "the liaison between Spears and Grossman.

2353 days ago
83.

happy holiday season    

DOESN'T A LAWYER HAVE TO HAVE SOMETHING IN WRITING THAT SAYS YOU ARE REPRESENTING A CLIENT? HE
SAID IT WAS THROUGH A PHONE CALL THAT HE REPRESENTS HER NOW. DOESN'T HE KNOW AS A LAWYER THAT
HE CANNOT REPRESENT HER UNLESS THE CONSERVATOR SAYS SO? WHAT PLANET HAS HE BEEN ON? ALSO, IF THE
FEDERAL FILING IS FRIVOULOUS, THERE IS A LAW AGAINST THAT. SO DOES THIS MEAN THAT EARDLEY REPRESENTING BRITNEY IS CHALLENGING THE STATE RULING THAT IS PROTECTING BRITNEY. IN OTHER WORDS
BRITNEY VS. BRITNEY.

2353 days ago
84.

AlwaysHungry    

I definitely hope these people with the frivolous lawsuits will have to pay for the lawyer fees.

2353 days ago
85.

DBK    

An earlier post questioned whether a separate suit could be brought against the filing attorney, John Eeardly. The conservatorship may seek attorneys' fees and sanctions pursuant to Federal Rule of Civil Procedere 11, which covers frivolous suits and claims. There may also be analogous remedies in the state probate court if filings were made in that case to stay (i.e., put on hold) the proceedings pending resolution of the removal issue.

2353 days ago
86.

just me    

Here comes something more that Britney needs like another hole in the head. More legal fees! The conservatorship lawyers in federal court asking the court to reject the notice of removal and remand the case back to state court just adds to the legal fees when they should have their backside planted in their office and simply wait for the federal court to hear Eardley's argument and decide whether to accept jurisdiction or send it back to state court. And filing legal motions against Eardley in an attempt to force him to disclose whether or not Sam Lutfi is a party to the notice of removal action adds even more legal fees that Britney's estate will have to pay and it will accomplish nothing useful in any action against Lutfi. This is all just a self-generating, self-serving bunch of greedy lawyers that will bleed Britney's estate until she is bankrupt. There is no need for these conservatorship lawyers to do anything in federal court unless the court accepts jurisdiction. Here is a list of lawyers Britney is paying now, all but 1 working against her.

Attorneys in the child custody case:

1. Attorney Stacy Phillips (previously Laura Wasser and then Anne Kiley), working for Britney

2. Attorney Mark Vincent Kaplan, working for K-Fed

Attorneys in the conservatorship case:

3. Attorney Jeryll Cohen with the law firm Luce, Forward, Hamilton & Scripps LLP, representing Britney's father in the conservatorship

4. Attorney Andrew Wallet, appointed co-conservator with Britney's father

5. Attorney Samuel Ingham, the court-appointed investigator and counsel to Britney

6. Attorney Mitchell M. Gaswirth with the law firm Proskauer Rose LLP, counsel to co-trustee attorney Ivan Taback

7. Attorney Ivan Taback, appointed co-trustee with Britney's brother Bryan in the Successor Trusteeship

8. Attorney Clark R. Byam with the law firm Hahn & Hahn LLP, representing Britney's brother Bryan in the Successor Trusteeship

Anyone care to guess how much of Britney's remaining $40 million dollars will go to feed this self-serving, self-generating legal machine before it ends?

2353 days ago
87.

I Smell A Rat    

If it should turn out that Mr. Eardley was de facto representing any party other than who he claimed to be representing (Britney), there could be more legal action here. In other words, if Osama Lutfi engineered it or Michael Sands or even Alli Sims put it together behind the scenes, expect Mr. Eardley to rat them out in a likely futile attempt to rescue himself from significant legal jeopardy. As an attorney, inserting yourself into a case in which you have no legal standing is a large NO-NO, but falsifying that legal standing by misrepresenting its foundation is far more egregious. And guess what...it's also CRIMINAL for both the attorney and for whatever weasels are involved. Eardley will have to prove he was conned into it by an even craftier weasel than he is.....

2352 days ago
88.

cheetos    

DBK Thanks!
( My post was 61)

2352 days ago
89.

Cici    

Ya gotta love some lawyers. When they smell money and free PR, it's a feeding frenzy. Watch for more absurd lawyering to come. YUCK.

2352 days ago
90.

Me    

just me....thank you for putting it so well...I've been saying the same for weeks...everyone keeps saying Jamie can't spend her money, but that's just wrong...Brit is paying for all these lawyers, and all but 1 have an interest in keeping her under the conservatorship, in fact they each have a huge finanical interest. No doubt, last week alone, over 1 million was probably spent in legal fees and it will keep going at that rate until Brit regains control. I wish they would make her father lodge some sort of bond with the court or something in case daddy makes mistakes with her money. That would have been the benefit to hiring independent professionals cause at least Brit could sue them for malpractise if they mess things up, dad is a bankrupt that can never reimburse her these millions, even if 1 day another court says he shouldn't have spent all this. The new family law lawyer alone would have billed well over $100 000 just to get on top of the lengthy and involved custody case. She will be close to bankrupt by 10 March if dad keeps spending like this...plus he's paying a fleet of full time body guards and chaperones (why not just keep her at home or take her to another city for a week or 2?) and of course paying himself and Bryan's on the payroll now too. Crazy stuff

2352 days ago
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