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Jeff Weiner ‏@JeffWeinerOS 8 Oct

Update: Bankruptcy judge has set a hearing for 10/17 on #CaseyAnthony's motion for an order blocking Zenaida Gonzalez from deposing her.
 
Notice of Hearing on Motion for Protective Order
Hearing scheduled for 10/17/2013 at 11:00 AM at Tampa, FL - Courtroom 9B, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue.
(Entered: 10/08/2013)

https://docs.google.com/file/d/0B7DjeAMt_BpIVTBUNUtKeWJwZU0/edit?usp=sharing

-------------------------------

Motion for Protective Order [re: depo]
Filed by David L Schrader on behalf of Defendant Casey Marie Anthony.


https://docs.google.com/file/d/0B7DjeAMt_BpIVUJHQ3BTaDExY1U/edit?usp=sharing

-----------------------------------

10/15/2013
Response to Defendant/Debtor’s Motion for Protective Order.
Filed by R Scott Shuker on behalf of Plaintiff Zenaida Gonzalez

https://docs.google.com/file/d/0B7DjeAMt_BpINUdrZ013Vkc4WDg/edit?usp=sharing

ZENAIDA filed a RESPONSE to Casey’s Motion for Protective Order on the Deposition of Casey Anthony.

Nothing in the Bankruptcy Rules prevents discovery [taking depo] from moving forward.

Zenaida wants the Judge to compel Casey’s attorneys to cooperate in scheduling the deposition and order Casey to pay Zenaida’s fees and costs associated with this Motion.

Casey says Zenaida attorneys did not confer with Casey’s attorney(s) to try to schedule the deposition. Zenaida attorney says this is false.
Beginning in early September, Zenaida attorney repeatedly requested deposition dates to coordinate the DEPO and to schedule the Case Management Conference.
Zenaida attorney says their attempts to coordinate were rebuffed and/or ignored.

Casey attorney Ferwerda did not respond with a date for the DEPO.
On Sept 11, 2013, Zenaida attorney issued Notice of Taking Depo of Casey Anthony set for October 9, 2013 at 10:00am in Winter Springs, Florida [where Casey Attorney Ferwerda is].

Casey attorney Ferwerda told Zenaida attorney to talk to the other attorney Schrader about the Case Management Conference – and Casey Anthony attorney, Mr. Schrader said he would not schedule the conference, saying it would be unnecessary and that Casey attorneys did not intend to participate in a conference.

Attached Affidavit of Zenaida attorney R. Scott Shuker, and emails between Zenaida attorney Jason Klein, and Casey attorney Debra Ferwerda.

-----------------------



http://www.orlandosentinel.com/news...y-deposition-hearing-20131017,0,1242653.story

Will Casey Anthony have to answer questions? Hearing today in Tampa
Attorneys for Zenaida Gonzalez wanted to depose Anthony last week.
By Jeff Weiner, Orlando Sentinel
5:25 a.m. EDT, October 17, 2013

excerpt:
Casey Anthony's bankruptcy will return to a Tampa courtroom this morning for a hearing on whether she should be forced to answer the questions of a woman suing her for defamation.

If Anthony was deposed again, she would rely, as she did before, on her Fifth Amendment rights against self-incrimination to avoid discussing her daughter's death, her lawyers say.
 
The HEARING today ended without a ruling.

The bankruptcy judge will not rule on the Deposition until AFTER the HEARING on Nov 5th - where we will see if the judge will throw out the Zenaida and Kronk cases - ruling on Zenaida and Kronk Complaints and CORE issues and Casey's Motion to Dismiss Zenaida and Kronk cases.

Twitter
Jeff Weiner @JeffWeinerOS 19m
No decision after hearing on whether Zenaida Gonzalez can depose #CaseyAnthony. Just to rule on CA's motion to dismiss ZG complaint 1st.
 
ThinkTank said:
The HEARING today ended without a ruling.

The bankruptcy judge will not rule on the Deposition until AFTER the HEARING on Nov 5th - where we will see if the judge will throw out the Zenaida and Kronk cases - ruling on Zenaida and Kronk Complaints and CORE issues and Casey's Motion to Dismiss Zenaida and Kronk cases.

Twitter
Jeff Weiner @JeffWeinerOS 19m
No decision after hearing on whether Zenaida Gonzalez can depose #CaseyAnthony. Just to rule on CA's motion to dismiss ZG complaint 1st.
Click to expand...


Twitter
Weiner @JeffWeinerOS 13m
Mot to dismiss hearing 11/5. ZG's lawyer was agitated today after court, told #CaseyAnthony's lawyer he "used to have a good reputation."
 
This is NOT an official ORDER by the Judge.
Zenaida and Casey attorneys have 7 days from Oct 17, 2013 to get together for their Rule 26 – case management conference to schedule discovery [depositions and interrogatories ...], in good faith.

Zenaida and Kronk have until Oct 25, 2013 - to file their RESPONSE to Casey's Motion to Dismiss - announced during Hearing on Sept 17, 2013 - Hearing cont'd to 11/5/2013 at 11:00 am, along with any Motion(s) to Dismiss. Response to any motion to dismiss by 10/25/2013. Announced in open court; no further notice given.

10/17/2013
Hearing Proceeding Memo:
Hearing Held –
APPEARANCES: Debra Ferwerda,
David Schrader and
Scott Shuker [for Zenaida]

RULING: Motion for Protective Order Filed by David L Schrader on behalf of Defendant Casey Marie Anthony
and Response [by Zenaida]

Ruling deferred; Under Advisement.
Parties are directed to have Rule 26 conference and confer in good faith within seven days.

This docket entry/document is not an official order of the Court.

https://docs.google.com/file/d/0B7DjeAMt_BpISUpzM3hzWjVObGM/edit?usp=sharing
 
The TES/Tim Miller SETTLEMENT with Casey Anthony is FINAL.
Just needs the bankruptcy judge's stamp of approval now.
See document on google docs

10/18/2013
Motion for Approval of Compromise Settlement With Texas Equusearch Mounted Search and Recovery

https://docs.google.com/file/d/0B7DjeAMt_BpIU0Zyc1k0TWxhQ0k/edit?usp=sharing

No admission of liability. The Parties acknowledge that this Stipulation is a compromise and settlement of a controversy. No Party admits, and each expressly denies, any liability on its part.

Allowance of Claim. The Parties agree that the Claim shall be allowed as a general unsecured claim in the amount of $ 75,000.00. TES shall not be entitled to any other claims against Ms. Anthony’s bankruptcy estate and the Claim shall be dischargeable and discharged during the bankruptcy proceeding. Moreover, the Parties acknowledge that Stephen L. Meininger, Chapter 7 trustee for the bankruptcy estate of Ms Anthony, has no objection to TES having an allowed unsecured Claim in the amount of $ 75,000.00.

No discovery. The Parties agree that TES shall not conduct any discovery [depositions, interrogatories ...] or otherwise participate in the Bankruptcy Case, except to the extent participation in the case is required by the Bankruptcy Court in connection with the Claim.

Press release and contact. The Parties agree that for a period of nine (9) months from the date of this Stipulation, TES shall be the only Party to issue a press release or similar statement of any kind regarding the Stipulation, except that counsel for Ms. Anthony may comment that the claim of TES was “resolved” in the best interest of Ms. Anthony under the circumstances,” or words substantially similar to that effect.

Attorneys’ fees and costs. Each Party shall bear its own attorneys’ fees and costs...

Settlement was Stipulated and Agreed to and signed by Casey M. Anthony on Sept 24, 2013, and by TES/Tim Miller on Sept 25, 2013.

FILED October 18, 2013 – waiting for bankruptcy judge to approve and ORDER the settlement.
 
Wites & Kapetan, P.A. and Meland Russin & Budwick, P.A. Announce That Texas Equusearch Reaches Settlement Allowing Pursuit of Claims against Casey Anthony in Bankruptcy Court

http://www.businesswire.com/news/home/20131018005019/en/Wites-Kapetan-P.A.-Meland-Russin-Budwick-P.A

after considerable thought, and with the utmost concern and consideration for the many people that volunteer their time and money to TES, TES has decided to enter into a settlement agreement with Ms. Anthony.

Primarily, TES will voluntarily dismiss its objection to Ms. Anthony’s bankruptcy petition for discharge, in exchange for Ms. Anthony agreeing to not contest TES’s claim in the bankruptcy proceeding in the amount of $75,000.00. TES believes the settlement with Ms. Anthony is in the best interests of TES, its volunteers and its donors. TES intends to file a motion with the bankruptcy court seeking approval of the settlement agreement.
 
Interim Report Period Ending 09/30/2013.
(Meininger, Stephen) (Entered: 10/25/2013)

https://drive.google.com/file/d/0B7DjeAMt_BpIM2V3VU9oRVZnU1E/edit?usp=sharing

Trustee reports as of Sept 30, 2013 – Casey has assets valuing $ 1,084.00

Casey’s attorney David L. Schrader paid the Trustee $ 25,000.00 on August 29, 2013, which the Trustee put into a bank account, and paid out $ 34.75 in bank fees.

The money was paid by Casey’s attorney as stated in the ORDER dated July 31, 2013.

[Nothing is stated about where Casey Anthony got $ 25,000.00]
 
Order on Defendant's Motion for Protective Order and Plaintiff's Response Thereto
Entered: 10/22/2013

https://drive.google.com/file/d/0B7DjeAMt_BpIRkhDM2hMZUh3Nm8/edit?usp=sharing

Court will defer ruling on the Casey’s Motion for Protective Order and Zenaida’s Response to Casey’s Motion for Protective Order, until the Court rules on Casey’s Corrected Motion to Dismiss Zenaida’s case, on Nov 5, 2013 [and Zenaida’s Response to Motion to Dismiss].

Parties are directed to conduct a Rule 26 Case Management and Discovery Conference within seven (7) days or on or before October 24, 2013.
Parties are to confer in good faith to resolve the issues in the Motion and the Response
 
Response to /in Opposition to Defendant's Motion to Dismiss
Filed by Howard S. Marks on behalf of Plaintiff Roy (Entered: 10/25/2013)


https://drive.google.com/file/d/0B7DjeAMt_BpITnJhcjJVM0ItTVU/edit?usp=sharing

Casey, through her agents, made public comments to the media, outside of the courtroom, which defamed Kronk, accusing him of the murder among other things. There is no dispute that Defendant was well aware that Kronk was not involved in the murder of Defendant’s daughter.

Much of Casey’s Motion to Dismiss consists of ad hominem attacks against Kronk, the exact type of statements which led to this Complaint in the first place.

Casey’s Motion to Dismiss boils down to 3 distinct arguments.
1 – since the statements were made by agents, Kronk is legally barred from relief
2 – Kronk has not plead his allegations with sufficient particularity
3 – all the alleged defamatory statements are protected by the litigation privilege

No showing of malice is required where a statement is considered actionable per se.
A communication is actionable per se... if it imputes to another... a criminal offence amounting to a felony ... or conduct, characteristics or a condition imcompatible with the proper exercise of his lawful business, trade, profession or office...

It is well established that under Section 523(a)(6) of the Bankruptcy Code, the intentional tort of defamation may constitute “willful and malicious injury by the debtor to another entity”, as long as the Debtor knew the published statements were false.”

Kronk says that Casey authorized, adopted, and permitted her agents to make numerous defamatory and false statements, statements about Kronk, statements published to the media, statements alleging Kronk was guilty of a felony, and statements that damaged Kronk’s reputation. Kronk alleges, and the Criminal Trial made clear, that Casey knew all along that these statements were false.

...an attorney is an agent of a client whom he represents...
...a client can be liable for his attorney making defamatory statements ... to the news

Casey says she cannot be denied a discharge based on the alleged willful and malicious statements of an agent.
Kronk uses other law to say that Casey’s liability for those “willful and malicious” statements is still non-dischargeable, because Casey was aware of the actions, and the actions took place during the Casey-Bae as her agent relationship, and the actions were taken on Casey’s behalf, and Casey did nothing about the actions.

Kronk says Casey actively instructed, adopted, and permitted her agents [Baez and others] to make defamatory statements about Kronk even though Casey knew these statements were false.

...Kronk itemized twelve statements representing the gist of the false and defamatory statements, which were made to the media, including national television shows, and were broadcast and/or published across the country.

Statements made to the newspapers or press conferences are not part of a judicial proceeding. Statements made to the world at large through a website accusing a person of fraud and perpetrating a hoax on the public are not steps in the judicial process or part of a judicial proceeding.

If the judge is inclined to grant Casey’s Motion to Dismiss, Kronk requests the dismissal be without prejudice to Kronk’s ability to amend his Complaint.
 
Response to Debtor/Defendant's Corrected Motion to Dismiss
Filed by R Scott Shuker on behalf of Plaintiff Zenaida Gonzalez
(Entered: 10/25/2013)

https://drive.google.com/file/d/0B7DjeAMt_BpIZnpPMTI4NlUyZVE/edit?usp=sharing

Casey’s conclusory and misleading Motion to Dismiss makes a considerable effort to inappropriately portray Zenaida as one of many publicity seekers too uncouth to know her “fifteen minutes” has lapsed. It is a distraction meant to deflect attention to a very real issue: an injured Plaintiff with an actionable nondischargeability claim.

Casey said “When they went and interviewed that girl down in Kissimmee, they never showed me a picture of her”. Zenaida was the only “Zenaida Gonzalez” interviewed in Kissimmee, Florida. ... multiple news stories said Zenaida had not been cleared in the criminal investigation ...

Federal Rules of Civil Procedure ... a court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.

As further stated by the eleventh Circuit, “[w]e hasten to add that this motion [to dismiss] is viewed with disfavor and rarely granted.”

Casey’s Motion to Dismiss must be denied since Casey is precluded from re-litigating an issue already decided in State Court...
The State Court in its Summary Judgment Order ruled the alleged defamatory statement... was subject to different interpretations, and therefore must be submitted to a jury.

The Rooker-Feldman doctrine prohibits bankruptcy courts from reviewing the State Court ruling, even if it believes said ruling is erroneous.

A debtor “must will or desire harm, or believe injury is substantially certain to occur as a result of his behavior.”

Casey attempts to use distractions and obfuscation in confusing the requirements of a motion to dismiss. She makes generalized allegations and interpretations of Zenaida’s claim.

If Zenaida’s allegations are taken as true, she is entitled to relief under the Code in her dischargeability action.
 
Holly Bristow ‏@hollybnews 31m
Judge orders #caseyanthony 's attorneys to pay $500 Zenaida Gonzalez's lawyer. The reason why tonight on #fox35 newa

@KBelichWFTV: Casey lost! Casey Anthony will have to defend herself in court against 2 defamation lawsuits! #CaseyAnthony

Casey Anthony Boycott Information It's true! All media reporting.
ASK....BELIEVE....RECEIVE!
Thank you Lord Jesus! You have answered out prayers!

Erin Maloney ‏@ErinOnTV 4m
Ruling means even if #CaseyAnthony bankruptcy is approved she would have to pay damages if she's found guilty of defamation.

Erin Maloney ‏@ErinOnTV 2m
#CaseyAnthony not with lawyers in #Tampa today. But she could be back here for the deposition which is being kept a secret by both parties.

Erin Maloney ‏@ErinOnTV 4m
Attorney for Roy Kronk says if his client wins against #CaseyAnthony in defamation suit, jury could award anywhere from 10k to $10 million.

Erin Maloney ‏@ErinOnTV 7m
Today's ruling means attorneys or Zanny & Kronk will get to depose #CaseyAnthony. Ask her detailed questions she must answer under oath.

Erin Maloney ‏@ErinOnTV 9m
Judge denies #CaseyAnthony's motion to dismiss lawsuits filed against her by Zanny the Nanny and Roy Kronk. They will move forward. #tampa
 
MORE GOOD NEWS!!!
She also has to PAY Zenaida's attorney, Shuker, for his fees regarding the unnecessary Protective Order to stop the deposition -- which will now be done!!

Holly Bristow ‏@hollybnews 31m
Judge orders #caseyanthony 's attorneys to pay $500 Zenaida Gonzalez's lawyer. The reason why tonight on #fox35 newa

myfoxorlando ‏@MyFoxOrlando 42m
Judge orders #caseyanthony 's attorneys to pay $500 Zenaida Gonzalez's lawyer. The reason why tonight on #fox35 newa @hollybnews

bob kealing ‏@bobkealing 23m
Federal judge denies motion from #CaseyAnthony attorneys to dismiss pending lawsuits. Attorney for Zenaida Gonzalez: "Justice."

myfoxorlando ‏@MyFoxOrlando 34m
Judge denies #caseyanthony 's attorneys motion to dismiss in both Zenaida Gonzales and Roy Kronk cases. Details on #fox35... @msynan

Holly Bristow ‏@hollybnews 45m
Judge denies #caseyanthony 's attorneys motion to dismiss in both Zenaida Gonzales and Roy Kronk cases. Details on #fox35 starting at 5

TBO.com ‏@TBOcom 46m
#BREAKING Casey Anthony faces deposition after Tampa bankruptcy judge rules to move forward with Gonzalez, Kronk defamation suits.

Shari Todd ‏@ShazBooty714 41s
Orlando Sentinel article ~ Casey Anthony bankruptcy judge: Lawsuits can move forward! http://www.orlandosentinel.com/news/...,3149783.story …

-------------------------

http://www.mynews13.com/content/new...sey_anthony_s_defa.html#.Unk5wqYYTE4.facebook

U.S. Bankruptcy Judge K. Rodney May said these cases are separate from her bankruptcy and Casey will be deposed.

----------------------------

http://www.orlandosentinel.com/news...ptcy-lawsuits-ruling-20131105,0,3149783.story

The legal fight over Casey Anthony's bankruptcy will continue, after a judge on Tuesday ruled that a pair of complaints filed by people suing her for defamation can move forward in federal court.
It was a defeat for Anthony, who now faces a deposition by attorneys for Zenaida Gonzalez, though Gonzalez's lawyers said in court that they've agreed not to publish the deposition or reveal its time or location.

On Tuesday, U.S. Bankruptcy Judge K. Rodney May declined to dismiss the Gonzalez complaint. Kronk's legal team will have to amend his complaint, but it will be allowed to move forward, May ruled.

COMMENTS:
dinosaur2 at 12:50 PM November 5, 2013
Let the Discovery Process begin and see all these so called reputable attorneys she has 5 to be exact on a no-asset straight Chapeter 7 Bankruptcy. Now they'll all have to scramble to cover-up their infamous paper trail!!
 
We get a bone! I am so happy!!!! :loveyou::loveyou:
 
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