TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Birkhead and Stern Reunite -- In Lawsuit

1/22/2009 4:54 PM PST BY TMZ STAFF

Larry Birkhead & Howard K SternHoward K. Stern and Larry Birkhead have just filed sworn declarations, expressing outrage at various accusations, including suggestions that Stern drugged Anna Nicole Smith.

Stern has sued Mark Speer, a former associate of Birkhead's former lawyer, Debra Opri. Stern claims Speer was funneling false info to Rita Cosby in her so-called tell-all book.

In Stern's declaration, he says Speer told a pack of lies.

- Item: Stern says he was not criminally involved in Daniel Smith's death.
- Item: Stern says he never drugged Anna Nicole
- Item: He says he never told Birkhead, "I will give you your baby, if you leave me as executor of Anna's estate."

Birkhead also filed a declaration in support of Stern, also taking issue with what Speer allegedly told Cosby.

- Item: Birkhead says he never told Bahamian cops Stern stole millions of bucks from Anna Nicole.
- Item: Birkhead denies he was on a "mission" to get Stern investigated for the death of Daniel.
- Item: Birkhead denies he and Stern horse-traded Dannielynn in return for Howard becoming executor.

BTW, in case you're wondering, the fight over J. Howard Marshall and who gets his money is still locked up in the courts, with no end in sight.
Click to view!

3661 COMMENTS

No Avatar
61.

Only swim in the Ocean    

1792.
CBS is not the only one fighting to dig out 'confidential' labelled truth it took many months to drag out of O'Q/VA people.

Posted at 8:47PM on Mar 7th 2009 by Only swim in the Ocean

Was there something filed in NY as well? Or due to they were posted for a window of time not lead to anything?

Posted at 9:28PM on Mar 7th 2009 by lahlah
*****
In the example of getting Clark's depo sent to the CA DOJ, Judge Chin in NY has already agreed to release the deposition. Both Chin (NY) and Dimitrouleas (FL) have to agree because the Clark depo was a joint deposition for both Courts. (Another example of how much time and money was spent hunting Clark, alone, all over America, just to drag out the truth).

2005 days ago
62.

Only swim in the Ocean    

K. So technically if you are involved with litigation and want to subpoena records to a NON PARTY out of state witness, you would not get the subpoena from where your case is filed, but open up a 'subpoena case' in the state where the witness resides and follow that states rules for issuance? To avoid objections?

Posted at 9:43PM on Mar 7th 2009 by lahlah
*****
Yes. It's extremely easy if your case is in Federal Court.

To start a lawsuit, you open your case where it is most convenient for most of the Parties. If you want to subpoena a witness for the production of docs, who just happens to be a great distance from the Court you chose to open your case in, you can also go to the closest Court to that witness, open a new case that references back to your original case, and issue your subpoena from the nearer Court. This overcomes one of the most common reasons cited by subpoenaed people to quash - the issuing Court is too far away from where they live and so would pose a hardship, etc. All of this can be done with a few clicks on the Court website, including the generation of the official docs that can be emailed if you wish; no travel involved.

2005 days ago
63.

Only swim in the Ocean    

1793. There is a particular email to McCabe where Rose states [paraphrasing] she can give McCabe this that blah blah. One of them is that he lied in his depo (sound like Havana lol) Anyways, is there any proof offered further through the docs or just a statement?

Posted at 9:36PM on Mar 7th 2009 by lahlah
*****
Just the statement. I commented before that O'Q/McCabe have never come up with proof of any thing at any time. For the statement you referenced, McCabe was in fact providing it as an example of how RT was NOT to be believed because she made wild statements.

2005 days ago
64.

Cool    

OK. Lets see if I have this right:

Here is a link to a BLANK Federal Court Subpoena

http://www.flmd.uscourts.gov/Forms/Civil/AO_088B-0109-Subpoena-ProduceDocs.pdf

You fill it out and turn it in at the location of the witness/defendant/whatever.

You open a 'case' in that court solely related to this subpoena.

The court does it service and then the witness/defendant who receives it can fight it in either its own states court or the court it came out of (ie motion to quash).

Then that would bring you into 2 states?

2005 days ago
65.

Cool    

1796. K. So technically if you are involved with litigation and want to subpoena records to a NON PARTY out of state witness, you would not get the subpoena from where your case is filed, but open up a 'subpoena case' in the state where the witness resides and follow that states rules for issuance? To avoid objections?

Posted at 9:43PM on Mar 7th 2009 by lahlah
*****
Yes. It's extremely easy if your case is in Federal Court.

To start a lawsuit, you open your case where it is most convenient for most of the Parties. If you want to subpoena a witness for the production of docs, who just happens to be a great distance from the Court you chose to open your case in, you can also go to the closest Court to that witness, open a new case that references back to your original case, and issue your subpoena from the nearer Court. This overcomes one of the most common reasons cited by subpoenaed people to quash - the issuing Court is too far away from where they live and so would pose a hardship, etc. All of this can be done with a few clicks on the Court website, including the generation of the official docs that can be emailed if you wish; no travel involved.

Posted at 10:09PM on Mar 7th 2009 by Only swim in the Ocean

Gotcha now..was trying to figure out the opening of 2 'cases'. Don't in a normal subpoena you include that you will be willing to pay for any reasonable fees associated with the production? So someone gets asked to provide, lets say emails, and can object because it costs to much to send them to an out of state location? I would think they would need more to go on then a small amount of money?

2005 days ago
66.

Cool    

Yes. It's extremely easy if your case is in Federal Court.

.....

Posted at 10:09PM on Mar 7th 2009 by Only swim in the Ocean

It seems even when state cases, people just use the federal courts for issuance of subpoenas...possibly conform to one set of rules (Federal) than to a variety of state rules

2005 days ago
67.

Cool    

1797. 1793. There is a particular email to McCabe where Rose states [paraphrasing] she can give McCabe this that blah blah. One of them is that he lied in his depo (sound like Havana lol) Anyways, is there any proof offered further through the docs or just a statement?

Posted at 9:36PM on Mar 7th 2009 by lahlah
*****
Just the statement. I commented before that O'Q/McCabe have never come up with proof of any thing at any time. For the statement you referenced, McCabe was in fact providing it as an example of how RT was NOT to be believed because she made wild statements.

Posted at 10:14PM on Mar 7th 2009 by Only swim in the Ocean

Every time I think of McCabe and his 'brilliant plan' I have to laugh at the idiocy. How embarrassing for your plan to be exposed? What a fruitcake!!!

So he is going to fight his fraud as Rose cannot be trusted to believe he induced fear into her? Because of everything else is on paper and self-explanatory as FRAUD & COLLUSION.

2005 days ago
68.

Cool    

OK, so lets hypothetically say that you subpoena someone out of state and they quash in their state, that leaves you having to get an attorney in the NEW state to fight that? Or can the original set of attorneys based in another state resume control due to the original filing?

2005 days ago
69.

Only swim in the Ocean    

1802. OK, so lets hypothetically say that you subpoena someone out of state and they quash in their state, that leaves you having to get an attorney in the NEW state to fight that? Or can the original set of attorneys based in another state resume control due to the original filing?

Posted at 10:50PM on Mar 7th 2009 by More Questions
*****
Judges have the power to grant an Attorney temporary status in his/her Court if they Practice out-of-state. So-called pro hac vice status, 'for this occasion'. Wood for instance has been granted pro hac vice status in Courts in CA, FL, TX, SC and NY so far as he has pursued the evil doers. It's not to say though that any given Attorney would be willing to temporarily practice in another State. Imagine trying to convince an out-of-state Lawyer to go to Harris County, TX for instance. ☺

2005 days ago
70.

Higher truths    

It's not to say though that any given Attorney would be willing to temporarily practice in another State. Imagine trying to convince an out-of-state Lawyer to go to Harris County, TX for instance. ☺


Posted at 1:06AM on Mar 8th 2009 by Only swim in the Ocean
That would have our sincerest sympathies.
Not even HC Lawyers want to be there.

Question: When all this "monkey business" is done , will HKS, being the executor for ANS/DL estate have to journey back to Texas for the Marshall estate case?

2005 days ago
71.

Higher truths    

1764. #1763- that is a biased opinion, not fact.

Posted at 8:11AM on Mar 7th 2009 by Triple Dipper

DO you know the difference between Pople's court, a kangaroo court or what should actually happen in a coutroom?
Despite all your protestations, you seem to uphold Swim's information quite well.
I don't need to know who you are, but by your posts you sem quite egotistical and attempting to wreak havoc to a civil law discussion.



2005 days ago
72.

Higher truths    

With all the spoliation I'm surprised we haven't seen major sanctions.

Posted at 3:35AM on Mar 7th 2009 by Pacer


Do you have any specifics in regards to spoilation? For which side?

2005 days ago
73.

Higher truths    

1785.

VIRGIE'S SUPPORTERS ARE FANATICAL BIGOTS WHO CONSTANTLY BABBLE ABOUT ALLEGED DEFAMATION OF THEIR HERO.
ROSE TURNER IS VERY ILL, POOR WOMAN.SHE TOTALLY LOST ORIENTATION IN SPACE AND TIME.
NOBODY SANE WOULD TRUST THAT ILL WOMAN.SHE IS LOST IN HER IMAGINARY WORLD OF SELF-IMPORTANCE, JUST LIKE HER "RIVAL" QV A.K.A. YVONNE B. WADDLE (51) OF OHIO.
THEY ARE PITIFUL MIDDLE AGED, UNEMPLOYED WOMEN WITHOUT THEIR OWN PRIVATE LIVES.
CONSPIRACY, COLLUSION,....WHAT A BIG, EMPTY WORDS.


Posted at 5:19PM on Mar 7th 2009 by Rose, only Haldol can help you


No need to hold back your true feelings. With all the shadiness that has occured via the defendant it is quite understandable that people would be outraged.
Smile for the camera, there is a lovely "cut and paste" going on between two forums with the attempts at harassment or mockery.

Doing things the sane and proper legal way should clear up much of the muddied waters.


2005 days ago
74.

Only swim in the Ocean    

Well, amid all the drama of the old 'garbage' caper, the Motions for Contempt from McCabe that will never be heard by a Judge and the hilarity of seeing O'Q/VA trolls/operatives refer elsewhere to pro-HKS bloggers as the trolls of the ANS story, I thought a little refresher was in order to clarify who are the good guys and who are the bad guys. Let's go to FIRST-HAND eye-witness accounts, such as -

HKS v. Cosby, HKS's Response to Cosby's Motion for Summary Judgement, Doc 90, LB's Declaration, Pages 2 - 21, executed by LB on 01/31/2009.

Some excerpts of interest, and notice the dates and recall the O'Q/VA operatives' postings at the same time:

24. In December 2006, Mr. Shelley informed me that he had paid Anna Nicole's former nannies Quethlie Alexis and Nadine Alexie to execute false affidavits about Anna Nicole. He asked me to reimburse him the $5000 he had paid the nannies because he considered the false affidavits to be beneficial to my paternity action. I refused to do so and I never submitted those affidavits in any legal proceeding.

28. ... Anna Nicole felt contempt and outrage toward Virgie Arthur and the rest of her biological family for how they had treated her. Anna Nicole had always wanted a mother in her life, but she wanted absolutely nothing to do with Virgie Arthur.

29. Virgie Arthur called me shortly after Daniel's death and that was the first time that I had ever spoken with her. She said horrible things about Anna Nicole, and tried to get me to attend her memorial in Texas for Daniel that she sold for television. She said that it "would really get under Anna Nicole's skin" if I were there.

32. In late February or early March 2007, my family and I went to dinner in the Bahamas with one of Virgie Arthur's attorneys while my attorney was not present. Virgie Arthur's attorney tried to persuade me to work with John O'Quinn and Virgie Arthur to get control of the Marshall litigation, and to file lawsuits against Howard. He wanted me to know that there was a lot of money at stake and Virgie Arthur did not have standing, but I would as Dannielynn's father.

33. At a hearing in the Bahamas in March 2007, John O'Quinn and another attorney approached me and John O'Quinn stated: "We got to the nannies, wait until you see what we got them to say." John O'Quinn then handed me two affidavits. After I read the affidavits, I informed John O'Quinn and the other attorney that I would not submit anything from the nannies because Ford Shelley had paid them $5,000 to execute false affidavits.

35. In April 2007, Virgie Arthur's attorney who worked with John O'Quinn flew to the Bahamas and arranged a meeting in an extravagant hotel suite. He attempted to persuade me to get rid of Howard as the executor of Anna Nicole's estate, and to work with John O'Quinn to get the "Marshall money." He indicated that the money was in their backyard, Texas, and that John O'Quinn had a direct line to the Marshall family's attorney to resolve the lawsuit. He assured me that Dannielynn and I would be set-up financially for life, but John O'Quinn would receive a percentage of the recovery. He further indicated that if I agreed to get rid of Howard as executor, and team up with John O'Quinn, they would drop Virgie Arthur's custody battle for Dannielynn, and also resolve my dispute with my former attorney, Debra Opri. Finally, he warned that their custody fight over Dannielynn would continue until I got rid of Howard as executor and teamed with them.

36. After returning to the United States in May 2007, I received a telephone call from Wilma Vicedomine. She informed me that she was an investigator working with John O'Quinn, Don Clark and Virgie Arthur. I informed her that Howard was not responsible for the deaths of Anna Nicole or Daniel, and of my belief that Daniel had experimented with prescription medication prior to his death. Ms. Vicedomine indicated that, while she understood that I was a good person, they would not stop fighting me until I ceased talking to Howard and joined forces with them.

- Not only did FS bribe the nannies with $5000, but he wanted LB to reimburse him! chutzpah!
- O'Q excited 'look what we GOT them to say'. A Lawyer encouraging an individual to submit false affidavits to a Court!
- Wilma is who and what again?
- And how many times have the O'Q/VA operatives posted that there is no Marshall money?
- And how many times have the O'Q/VA operatives posted that O'Q doesn't 'need' the Marshall millions?
- Check paragraph #32 - that's the exact time that O'Q/VA operatives began posting hundreds of vile comments about how HKS was trying to 'sell' DL (or ransom her) to LB! And O'Q/VA both knew VA had no standing in Court despite what O'Q was on TV proclaiming.

It's taken HKS/Wood almost two years to hunt down and drag the truth out of these conspirators, and most of that mate

2004 days ago
75.

Only swim in the Ocean    

...
- Check paragraph #32 - that's the exact time that O'Q/VA operatives began posting hundreds of vile comments about how HKS was trying to 'sell' DL (or ransom her) to LB! And O'Q/VA both knew VA had no standing in Court despite what O'Q was on TV proclaiming.

It's taken HKS/Wood almost two years to hunt down and drag the truth out of these conspirators, and most of that material is buried with confidentiality agreements. McCabe even using the word 'conspirators' to refer to any of the good and decent people whose lives he has or tried to ruin is an abomination.

Posted at 5:48PM on Mar 8th 2009 by Only swim in the Ocean
*****
And further, just to add another comment here to my own post, when Wood issued his statement to the media and individuals in April, 2007, to cease publishing false material about HKS, the media didn't see this as a threat (as if threatening the media in America has ever changed what the media was going to do anyway). Media people already knew who was feeding them false information from the time of Daniel's death onwards, and those people got dropped from TV coverage. Then we saw a noticeable lull in ANS coverage since the principals of the story remained largely quiet. The coverage only picked up again when the media went on the hunt for the very people they had previously relied upon for 'inside' information; 'nannygate', Cosby, Clark, the rest is history.

2004 days ago
Previous 15 Comments | 2 | 3 | 4 | 5 | 6 | 7 | 8 | Most Recent | Next 15 Comments

Around The Web