Anna Nicole Smith, The Investigation #3

[mom4kittys]

Thread Number 3

[gopheraj]

It’s still beyond me why HKS thinks an INQUEST has to be impartial. Does a juror down there pick the suspect at the same time? If anything, HKS antics trying to get this questionnaire for the jurors done is telling to me.

[toldyou]

I read that article yesterday, but I thought it was old news since we already knew Billy Smith told the Miami court that it was his desire to have Daniel exhumed and brought to Texas.

After that, wasn’t there an article posted on this thread to say that will never happen because he could never afford it and also, he wasn’t in Daniel’s life at all.

In my opinion, somewhere there’s a lawyer who’s willing to pay for it, not Billy Smith.

[nature]

It as HKS’s appeal, I don’t see why VA would not have cause to be there.

She planned on attending the actual inquest I know but an appeal? I don’t see why she would go to that.

[Sacajaweau]

Just went back for info. Debra Rose was Virgie’s attorney in the Bahama’s. She is referred to as Debra Rose Munnings in many of the Virgie articles.

[nature]

ah, I stand corrected Rte. :D

my bad. Alleged break in for which a judge supposedly approved but now another judge give hks permission to file to have him arrested. Weird.

[Sacajaweau]

My granddaughter is sweet. She never says grandma is a doofus. She says I'm silly. She's 12. She's very kind.

So in following her fine example....Sod...you're silly!!

[nature]

John O’Quinn RESPONSE filed yesterday on defamation suit in FL. It is 71 pages long but basically ...

DEFENDANT O’QUINN’S MOTION TO DISMISS
FOR LACK OF PERSONAL JURISDICTION;
IMPROPER VENUE AND/OR FAILURE TO STATE
A CLAIM AND, ALTERNATIVELY, TO TRANSFER
THIS CAUSE OF ACTION BASED ON THE
DOCTRINE OF FORUM NON CONVENIENS AS
CODIFIED BY CONGRESS IN 28 U.S.C. §1404(a)
AND 28 U.S.C. §1406(a).

Defendant JOHN O’QUINN (“O’QUINN”) by and through undersigned
counsel, files this Motion to Dismiss for lack of personal jurisdiction and improper
venue pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. §1391 and/or failure to state
a claim pursuant to Fed. R. Civ. P. 12(b)(6) because none of the challenged
statements are capable of defamatory meaning as a matter of law, and, alternatively,
to transfer this cause of action to the Southern District of Texas based upon the doctrine of forum non conveniens as codified by Congress in Fed. R. Civ. P. 1404(a)
and Fed. R. Civ. P. 1406(a) and, in support, states as follows:
O’QUINN is an attorney licensed to practice law in the State of Texas.
O’QUINN gained pro hac vice admission in Florida solely to represent the interests
of his Texas client Virgie Arthur, the mother of Anna Nicole Smith, in Broward
County Court Case No. 07-00824(61) and Arthur’s subsequent appeal to the Fourth
District Court of Appeal.
This is a defamation and false light invasion of privacy action in which the
Plaintiff, HOWARD K. STERN (“STERN”) alleges injuries arising from O’QUINN’s
statements to national news media organizations concerning the judicial proceedings
involving his client Virgie Arthur. O’QUINN continues to represent Virgie Arthur’s
legal interests in on-going judicial proceedings.
STERN alleges that this Court has original subject matter jurisdiction pursuant
to U.S.C. §1332 because there exists complete diversity of citizenship between
STERN, a resident of California, and O’QUINN, a resident of Texas and because the
amount in controversy exceeds Seventy Five Thousand Dollars ($75,000), exclusive
of interests and costs.1 STERN additionally alleges that this Court has personal
jurisdiction over O’QUINN pursuant to §§48.193(1)(a) and (b), Fla. Statutes., and

that it comports with due process and proper venue pursuant to 28 U.S.C. §1391(a).
STERN’s Jurisdictional Statement, however, provides no factual support for his
allegations of personal jurisdiction and due process. Defendant O’QUINN
respectfully submits that no factual support exists for STERN’s allegations and that
venue in Florida is improper, pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C.
§1391, because neither STERN nor O’QUINN reside in the State of Florida and
because O’QUINN didn’t commit any substantial acts or omissions in the State of
Florida. In the alternative, Defendant O’QUINN requests that this action be
transferred to the United States District Court for the Southern District of Texas and
submits that when the applicable factors are applied to determine the more convenient
forum, the results weigh overwhelmingly in favor of venue in Texas.
Alternatively, should this Court determine that jurisdiction and venue are
proper, dismissal is still mandatory pursuant to Fed. R. Civ. P. 12(b)(6) since
STERN’s Complaint fails to state a claim upon which relief can be granted, because
none of the challenged statements are capable of defamatory meaning as a matter of
law.

[toldyou]

lol

I don’t know. They are just blogs...someone’s opinion. Look at this one from the “archives,” October, 2006. Scroll down to “Thank You Anna Nicole Smith!”

I also like the first one about the police not liking the bloggers. Apparently the bloggers have uncovered many scandals there.

http://www.bahamascommunity.com/blog/?archive=2006,10

[nature]

JQ filed an affidavit also. Not sure how my converter will work but .. here are the points

AFFIDAV!T OF DEFENDANT JOHN O’QUINN IN SUPPORT OF MOTION
TO DISMISS FOR LACK OF. PERSONAL JURISDICTION

1. My name is JOHN O’QUINN. I am over eighteen (18) years of age and otherwise competent to make this Affidavit.
2. The matters set forth in this Affidavit are true and correct, and based on my personal knowledge.
3. 1 am a resident of the State of Texas and I am not, nor have I ever been, a resident of the State of Florida.
Case 0:07-cv-60534-WPD Document 17-2 Entered on FLSD Docket 07/17/2007 Page 2 of 5
4. The State of Texas is my permanent residence and I resided in the State of Texas at the time that I gained pro hac vice admission in Florida to represent the interests of my client, Virgie Arthur, a fellow resident of Texas.
5. I accepted representation of Virgie Arthur in the State of Texas.
6. I do not currently, nor have I ever, resided in the State of Florida.
7. I was born and raised in Houston, Texas.
8. 1 graduated from the University of Houston and the University of Houston, College of Law.
9. I am fully qualified and licensed to practice law in the State of Texas.
10. 1 have never maintained an office in Florida nora license to
Case 0:07-cv-60534-WPD Document 17-2 Entered on FLSD Docket 07/17/2007 Page 3 of 5
practice law in the State of Florida.
11. I have never applied for or attempted to seek to obtain a license to practice law in the State of Florida.
12. I am a former member of the University of Houston Board of Regents.
13. I served as a past director of the Texas Trial Lawyers Association as well as a past director of the Houston Bar
Association.
14. 1 have never solicited business in Florida, nor did I ever do so in Virgie Arthur’s case.
15. I have never owned, operated or controlled an office, legal or otherwise in the State of Florida.
16. I have never owned, possessed or held any real property in
Case 0:07-cv-60534-WPD Document 17-2 Entered on FLSD Docket 07/17/2007 Page 4 of 5
the State of Florida.
17. 1 never operated, conducted, engaged in or carried on a business venture, or had an office or agency in the State of
Florida.

[nature]

I dunno. It just says his client. That could be former or current. I doubt he will drop her and suspect he has had something in the pot brewing all along. I hope so anyway. I can’t think of any other reason he would have taken on Stern risking a defamation. It could just be he checked on what is and is not before hand and walked that line too.

They are SO quiet. I think it is JQ behind the media we have seen. Requesting to reopen the case and maybe even Seidlin’s scum bag life.

[Sacajaweau]

Maybe there's a reason O'Quinn wants to get Howard into Texas territory.

Howard may know Bahama Law and Ca Law (and enough people to make things work) but he might just be plain ignorant as to Texas Law AND UNCONNECTED.

Except wasn't the Marshall case out of Texas?

Texans love their own and I'll bet Virgie wears a white hat in Texas. (Do I have any of this right?) Memory goooooooing.

[Sacajaweau]

Just went back to when the media first noticed that Anna was pregnant.

"Anna Nicole Smith is said to have conceived the child with the help of a friend".

Then it goes on..."Now she's freakin...because he wants money and access to the kid".

Sure sounds like Larry was a sperm donor to me.

[nature]

I also think JQ is playing hks at his own game.
Move, delay, motion, delay etc.

Marshall case was in TX and that is where the jury gave her ZILCH! And yes, it is where hks is NOT connected. JQ has been very generous with TX. Has a library named after him IIRC that he donates millions to also I think. He has of course made enemies over time but I think it is far less likely hks could buy a TX judge like he seems to have been able to do in FL and CA.

[nature]

Anna always said over the years she wanted more kids .. BUT.. didn’t want a father. Said openly in interviews she would USE one night stands. LKL in 2002 there is a transcript IIRC of one of those interviews.

[TheSpottedOwl]

John O’Quinn can run circles around HKS, and HKS knows it!

I’ve spent a little time backtracking on the thread to catch up. KE may go down, but I’m betting she drags a few other people with her. The DEA goes after doctors in “good standing”, for prescribing pain meds for legitimate reasons. If they choose to, they could bury KE in a Federal pen.

This had to have been a long term plan on HKS’s part. IIRC correctly, he always had a camera with him. The pics of Gibson and Kapoor taken in compromising positions, were done for a specific reason, imo. HKS knew that sooner or later, certain people involved with the whole nasty mess were going to say “ENOUGH”. That’s when the pics were leaked to the media. He is most definitely a sociopath, again imo.

[Sacajaweau]

This is an early article just before she said "Yes, I'm pregnant".

Birkhead had recently slammed rumors that Smith was pregnant but insisted Wednesday he was pressured into making the denial.

He said: "I've been asked in the past by Howard K. Stern to deny the rumor."

Stern hit back at Birkhead telling TMZ.com, "Anna wants that guy completely out of her life and obviously he is having trouble dealing with it".

This is probably tied to that agreement Larry signed in January 2006. I'm looking at it a little differently now.....as an agreement never to reveal that he was merely a sperm donor without actually saying it. Pretty obvious that Larry and Howard didn't get along.

[sodpoodle]

Off topic - but it relates to the bias against White Southern males in the media and, regrettably, some FReepers on the Jessica Lunsford threads.

If you recall, Mark Lunsford, Jessica’s dad was suspected because he was a rural, single dad with a mullet.

I just heard Mark Lunsford deliver the most eloquent speech directed at the murderer of his little daughter.

God bless & hold Mark Lunsford.

[Sacajaweau]

The Board can take her license and fine her but it takes another action to put her in jail. It’ll happen...give it time.

[TheSpottedOwl]

Sure sounds like Larry was a sperm donor to me.

If that is true, then we have to ask why he agreed to be one in the first place. Who was the one who introduced Larry to Anna, and did Larry and Howard/Bonnie/KE have any connection prior to his impregnating Anna?

Talk about long term planning...