Texas Equusearch Suing Casey Anthony

[ThinkTank]

Response to Debtor's Motion to Dismiss Texas Equusearchs Complaint Objecting to Dischargeability of Debt

June 26, 2013

https://docs.google.com/file/d/0B7DjeAMt_BpIZ3hVakdNWmlsUms/edit?usp=sharing


page 2 - "The bankruptcy discharge is intended for the "honest but unfortunate debtor."
Here, the Debtor is neither.

The Plaintiff's [TES] claims asserted in the Complaint against the Debtor [Casey Anthony] center on the fraudulent and material misrepresentations and omissions the Debtor made to the Plaintiff concerning the whereabouts and living status of her daughter, Caylee Marie Anthony...

... Plaintiff [TES] objects to the dischargeability of the damages suffered by the Plaintiff as a result of the Debtor's fraud pursuant 11 U.S.C. 523(a)(2)(A) and (a)(6).

page 6 - In fact, the Debtor thanked Mr. Miller and the Plaintiff [Texas EquuSearch] for assisting in the search for Caylee.
These statements later proved to be blatantly false as the Debtor knew at the time she made these statements that Caylee had actually died in the family swimming pool at the Residence on June 16, 2008.

The Debtor certainly received a direct benefit from the Plaintiff's searches for Caylee.
By not alerting the Plaintiff that Caylee was not missing and had actually died in the Swimming Pool on June 16, 2008, the Debtor was able to maintain the appearance of ignorance and innocence as to Caylee's disappearance and death. The Plaintiff's searches for Caylee allowed the Debtor to continue to portray herself as the worried mother desperately hoping that her

page 13 - daughter was still alive and would be safely returned to her family.
The Plaintiff's searches for Caylee also provided the Debtor a means to deflect attention away from her, and focus on the searches for Caylee. Therefore, the Debtor received a direct benefit from the Plaintiff's searches for Caylee.

... the Debtor, directly (and through her parents) told Mr. Miller that Caylee had

page 14 - been abducted and was still alive, and thanked him and the Plaintiff [Texas EquuSearch] for assisting in the search for Caylee. Moreover, Casey never once corrected or otherwise disagreed with these false statements and alerted the Plaintiff that Caylee was not actually missing, but in fact she had died in the Swimming Pool on June 16, 2008.

 

[ThinkTank]

Jun 24, 2013, 2:51pm EDT
Will Casey Anthony tell the truth in a new deposition?

excerpt:

Miami attorney Peter Russin is hoping Casey Anthony won’t take the Fifth Amendment in an upcoming deposition.

Russin has filed notice to depose Anthony, who was acquitted of murdering her child, and her parents in an upcoming bankruptcy case.

“Because the criminal trial and appeals have come to an end, there should be no basis for Casey Anthony to assert the Fifth Amendment,” Russin said.

Russin, of Meland Russin & Budwick, represents Texas Equusearch (TES) in a lawsuit in which the company is seeking $100,000 from Anthony.

http://www.bizjournals.com/southflorida/blog/2013/06/would-casey-anthony-tell-the-truth-in.html

 

[wonders]

Jun 24, 2013, 2:51pm EDT
Will Casey Anthony tell the truth in a new deposition?

excerpt:

Miami attorney Peter Russin is hoping Casey Anthony won’t take the Fifth Amendment in an upcoming deposition.

Russin has filed notice to depose Anthony, who was acquitted of murdering her child, and her parents in an upcoming bankruptcy case.

“Because the criminal trial and appeals have come to an end, there should be no basis for Casey Anthony to assert the Fifth Amendment,” Russin said.

Russin, of Meland Russin & Budwick, represents Texas Equusearch (TES) in a lawsuit in which the company is seeking $100,000 from Anthony.

http://www.bizjournals.com/southflorida/blog/2013/06/would-casey-anthony-tell-the-truth-in.html

Either Russin didn't do his homework or the artical writer got it wrong in the above bolded. FCA didn't murder her parent's (however I sure think she had had plan's to do so at one time or another and maybe even still). Just saying.

 

[21merc7]

Can't believe I'm reading this much less posting about it.

Don't expect much. Don't know about Florida, but in this State you will get a bunch of answers that say nothing.

No one had proof that Caylee died in the pool btw, that can be disclaimed as a defense theory I think.

Most answers will be typed, and they will be something like this:

The Plaintiff denies the allegations in Question Number 20.

The Plaintiff neither confirms or denies the allegations in Question Number 35.

And so on. In a recorded statement an attorney would tell her what to say in advance, which would be: No, I have no knowledge, my attorneys at the time told me to say that....

Since there is no pending case against her, someone has to represent her in this matter. I don't know that a Bankruptcy attorney would do it without being paid upfront or knowing that the attorney could get the usual 1/3 of any proceeds expected at the end of a couple of years.

Again, Florida may be different, that is for this State.

 

[ThinkTank]

Can't believe I'm reading this much less posting about it.

Don't expect much. Don't know about Florida, but in this State you will get a bunch of answers that say nothing.

No one had proof that Caylee died in the pool btw, that can be disclaimed as a defense theory I think.

Most answers will be typed, and they will be something like this:

The Plaintiff denies the allegations in Question Number 20.

The Plaintiff neither confirms or denies the allegations in Question Number 35.

And so on. In a recorded statement an attorney would tell her what to say in advance, which would be: No, I have no knowledge, my attorneys at the time told me to say that....

Since there is no pending case against her, someone has to represent her in this matter. I don't know that a Bankruptcy attorney would do it without being paid upfront or knowing that the attorney could get the usual 1/3 of any proceeds expected at the end of a couple of years.

Again, Florida may be different, that is for this State.

The Texas EquuSearch civil suit is now being handled within the bankruptcy court in Tampa, and she has a bankruptcy attorney representing her PRO BONO, David L. Schrader.

The TES civil suit is based on what Casey Anthony personally said directly to Tim Miller of Texas EquuSearch, and also what was said through her parents.

 

[ZsaZsa]

Either Russin didn't do his homework or the artical writer got it wrong in the above bolded. FCA didn't murder her parent's (however I sure think she had had plan's to do so at one time or another and maybe even still). Just saying.

If he'd used better punctuation, the sentence would have made sense.

Russin has filed notice to depose Anthony (who was acquitted of murdering her child), and her parents, in an upcoming bankruptcy case..

 

[Patriciao]

Can Casey at this point come out and say I and my attorney made up the pool story and everything I told TES at that time was my true opinion. Would she suffer any repercussions for now saying that the pool story was made-up to help get her off?

 

[skbsoccermom]

Can Casey at this point come out and say I and my attorney made up the pool story and everything I told TES at that time was my true opinion. Would she suffer any repercussions for now saying that the pool story was made-up to help get her off?

From a criminal standpoint, now that she has been acquitted, she can say whatever she wants and not be tried again. So, she can probably tell more lies to get her out of this bind, but I'm not sure what story she can tell to justify sending Tim on a wild goose chase. Zanny isn't real, so how can she possibly justify telling the search team that Caylee was kidnapped? She can be charged with perjury if she lies to the bankruptcy court. It should be interesting. I just hope he is able to depose her.

 

[ZsaZsa]

Hearing set for this morning -

http://www.orlandosentinel.com/news...y-anthony-bankruptcy-20130702,0,2317948.story

 

[logicalgirl]

From a criminal standpoint, now that she has been acquitted, she can say whatever she wants and not be tried again. So, she can probably tell more lies to get her out of this bind, but I'm not sure what story she can tell to justify sending Tim on a wild goose chase. Zanny isn't real, so how can she possibly justify telling the search team that Caylee was kidnapped? She can be charged with perjury if she lies to the bankruptcy court. It should be interesting. I just hope he is able to depose her.

While I remain hopeful, unfortunately I think TES will have the same problem as ZG and RK - which is that the cases were about to proceed to civil trials but didn't make it before FCA declared bankruptcy.

Had they not waited until her final appeal on the fraud convictions and gone to trial - they probably would have an actual claim in the form of a judgement to make a claim against her discharge.

Again, unfortunately I don't know how the BK court can consider a "claim" that doesn't have the legal standing of being a claim.

It's looking an awful lot like "timing is everything" here. :banghead:

 

[zippitydoda]

From a criminal standpoint, now that she has been acquitted, she can say whatever she wants and not be tried again. So, she can probably tell more lies to get her out of this bind, but I'm not sure what story she can tell to justify sending Tim on a wild goose chase. Zanny isn't real, so how can she possibly justify telling the search team that Caylee was kidnapped? She can be charged with perjury if she lies to the bankruptcy court. It should be interesting. I just hope he is able to depose her.

BBM IMO - this is the very reason she still has a "Team OCA".

 

[ZsaZsa]

Hearing results -

http://www.orlandosentinel.com/news...y-anthony-bankruptcy-20130702,0,2317948.story

It's just incredible what her lawyers are prepared to say to justify her actions!

 

[ThinkTank]

All DEPOSITIONS CANCELLED by TexasEquuSearch
pending Rescheduling
Casey, George, Cindy to remain under service of Subpoena [for future deposition].
Filed July 17, 2013


CASEY DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIZWFIUUdzSXNhdkk/edit?usp=sharing


GEORGE DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIWnJ6SHpvY0U0amM/edit?usp=sharing


CINDY DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIUjM4VWpCMHlYYW8/edit?usp=sharing

 

[RR0004]

All DEPOSITIONS CANCELLED by TexasEquuSearch
pending Rescheduling
Casey, George, Cindy to remain under service of Subpoena [for future deposition].
Filed July 17, 2013


CASEY DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIZWFIUUdzSXNhdkk/edit?usp=sharing


GEORGE DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIWnJ6SHpvY0U0amM/edit?usp=sharing


CINDY DEPO CANCELLED
https://docs.google.com/file/d/0B7DjeAMt_BpIUjM4VWpCMHlYYW8/edit?usp=sharing

Cancelled because they can't move forward due to the bankcruptcy proceedings, correct?

 

[ThinkTank]

Cancelled because they can't move forward due to the bankcruptcy proceedings, correct?

I don't know the reason for sure, but I would imagine that is it.
TES has until Tuesday, July 23rd to RE-file their case in bankruptcy court.
Judge said "no Discovery" until the case was RE-filed -- so, I guess "Discovery" includes taking depositions.

Zenaida and Kronk have until Monday, July 22nd to RE-file their cases in bankruptcy court.

 

[ThinkTank]

What is going on with the Texas EquuSearch case, within the bankruptcy case???

TES had a deadline of July 23rd to RE-file their Complaint, but nothing was filed on the bankruptcy docket.
Has TES backed out, and withdrawn their civil suit?

Very curious that nothing is on the bankruptcy docket from TexasEquuSearch since they cancelled the depositions on July 17th, and no media is reporting on what is going on [or not going on] with TES now!!???
Where is WFTV? WESH? why no reports on the missed deadline???

There is a TES Hearing set for Sept 17th, along with Zenaida and Kronk the same day/different times .... but TES did not file the required documents by July 23rd..... WHY???

July 2, 2013 - HEARING RULINGS
TES COMPLAINT Cont'd to 9/17/2013 at 2:00 pm
Casey Motion to dismiss - Granted in part;
21 days to amend; due by July 23, 2013
21 days after amended complaint is filed for Defendant [Casey Anthony] to answer.
No discovery until after amended complaint filed;
Parties shall meet and confer asap under Rule 26 to determine discovery schedule.

The last thing TIM MILLER said after the last July 2nd HEARING:

http://www.huffingtonpost.com/2013/07/03/casey-anthony-bankruptcy-victory_n_3540943.html

Casey Anthony Wins In Court Against Texas EquuSearch, Which Funded The Search For Caylee

The Huffington Post | By Simon McCormack Posted: 07/03/2013

excerpts:

Casey Anthony appeared to score a partial victory in bankruptcy court on Tuesday when a judge granted her request to dismiss charges brought by the company who helped search for her daughter in 2008.

But Texas EquuSearch Founder, Tim Miller, told The Huffington Post he is "fairly happy" with Tuesday's proceedings.

Judge K. Rodney May "partially dismissed" EquuSearch's claims against Anthony, but did give the organization 21 days to file an amended complaint, according to NBC News.


The judge ruled that EquuSearch must prove that Anthony benefited from the money the organization spent looking for Caylee, BayNews9 reports.

When asked about the judge's decision, Miller told HuffPost Crime, "Things aren't always as they appear."
"I'm fairly happy about how yesterday went," Miller said. "We had a good day."
Miller declined to elaborate, saying he "didn't want to interfere with what our lawyers are doing and get a lot of media attention on this."

"I can't wait for this whole thing to get behind us," Miller said. "But we're not backing away from anything."

 

[Baznme]

The judge ruled that EquuSearch must prove that Anthony benefited from the money the organization spent looking for Caylee, BayNews9 reports.

What? EquuSearch must prove it? The opening statement at trial by Baez stating Caylee drowned in the pool is proof enough! She used EquuSearch to buy time to weave her elaborate web of lies, for God's sake. Tim knew that first time he met with her, she wasn't acting right and the family was in complete denial. Where did that leave Tim? With an empty wallet.

 

[ThinkTank]

Bankruptcy Court filed an ORDER yesterday, August 14,2013.

Casey Anthony has wanted the Zenaida, Kronk, and TexasEquuSearch cases thrown out by the bankruptcy judge, since she filed bankruptcy in January 2013, but all three cases are still active and ongoing by ORDER of the judge filed on August 14, 2013.
Next HEARING set for Sept 17, 2013.

ACTIVITY:

June 10, 2013 - Casey atty files document stating she might "disappear"
She wants the Zenaida, Kronk, and TexasEquuSearch cases thrown out
https://docs.google.com/file/d/0B7DjeAMt_BpIUXJLNWt2T0tiM1U/edit?pli=1
see page 6

June 25, 2013 - HEARING for Zenaida and Kronk - cases not thrown out - Judge gave them 21 days to RE-file their cases, done on July 22, 2013

July 2, 2013 - HEARING for TexasEquuSearch - case not thrown out
Judge gave TES until Sept 4, 2013 to file an AMENDED Complaint stating how Casey benefited from TES services
ORDER filed August 14, 2013

July 3, 2013 - Casey AND Trustee reached a Compromise for her to pay $ 25,000 for rights to her story - Judge granted July 31, 2013.

July 10, 2013 - Casey filed secret CHANGE OF ADDRESS with Court

July 29, 2013 - Trustee withdraws Motion to Turn Over Computer

August 21, 2013 - DEADLINE for Casey to file Answer to Zenaida and Kronk new case filings

August 14, 2013 - ORDER filed on TexasEquuSearch case from July 2nd HEARING
Deadlines for filing do not start until ORDER is filed. They have 21 days from the date the ORDER was filed.

Order Granting in Part and Denying in Part and Continuing Pretrial Conference.

https://docs.google.com/file/d/0B7DjeAMt_BpISFVkeUV1ams0NlU/edit?usp=sharing

Casey asked the judge to DISMISS the TexasEquuSearch Complaint which objected to Casey's dischargeability of debt, and Casey also objected to TES' Discovery Requests [which were TES's First Request For Admissions and First Set of Interrogatories].

- The judge said that Casey's Motion to Dismiss is granted in part, and requires TES to amend their Complaint to state what benefit Casey got from TES' services.

TES has 21 days from ORDER on August 14, 2013 - to Amend their Complaint
due by Sept 4, 2013

After TES files their Amended Complaint - Casey has 21 days from that date to
file her Answer/Response

- The judge said that Casey's Motion to Dismiss is denied in part as to all other aspects of her Motion to Dismiss, and Casey cannot re-file a Motion to Dismiss as to the remaining allegations in TES's Complaint.

- The judge set the next HEARING for Sept 17, 2013 at 2:00pm in Tampa

- The judge said that Casey's Objection to TES' pending Discovery Requests is sustained in part, meaning that neither Casey nor TES shall begin Discovery until after TES files their Amended Complaint.

- The judge said that Casey and TES must have a Discovery Conference as soon as possible to determine the Discovery Schedule.

- The judge said the depositions of Casey, George and Cindy are cancelled, PENDING RESCHEDULING - after they set up their Discovery Schedule and Conditions.

- The judge said all Discovery Requests by TES are suspended until after TES files its Amended Complaint. Then Casey can file her Responses and Objections to the TES Request for Admission and Interrogatories, according to the Discovery Schedule and Conditions that have been agreed upon by Casey and TES.

 

[ThinkTank]

The judge ruled that EquuSearch must prove that Anthony benefited from the money the organization spent looking for Caylee, BayNews9 reports.

What? EquuSearch must prove it? The opening statement at trial by Baez stating Caylee drowned in the pool is proof enough! She used EquuSearch to buy time to weave her elaborate web of lies, for God's sake. Tim knew that first time he met with her, she wasn't acting right and the family was in complete denial. Where did that leave Tim? With an empty wallet.

This is what Tim Miller said in his filing.

June 26, 2013 - TES files RESPONSE to Casey's Motion to Dismiss TES's Complaint Objecting to Dischargeability of Debt - stating reasons why the TES civil suit should NOT be discharged in bankruptcy based on LAW - Bankruptcy Code 523.

Response to Debtor's Motion to Dismiss Texas Equusearchs Complaint Objecting to Dischargeability of Debt


https://docs.google.com/file/d/0B7DjeAMt_BpIZ3hVakdNWmlsUms/edit?usp=sharing

page 2 - "The bankruptcy discharge is intended for the "honest but unfortunate debtor."
Here, the Debtor is neither.
The Plaintiff's [TES] claims asserted in the Complaint against the Debtor [Casey Anthony] center on the fraudulent and material misrepresentations and omissions the Debtor made to the Plaintiff concerning the whereabouts and living status of her daughter, Caylee Marie Anthony...

page 6 - In fact, the Debtor thanked Mr. Miller and the Plaintiff [Texas EquuSearch] for assisting in the search for Caylee.
These statements later proved to be blatantly false as the Debtor knew at the time she made these statements that Caylee had actually died in the family swimming pool at the Residence on June 16, 2008.

The Debtor [Casey Anthony] certainly received a direct benefit from the Plaintiff's searches for Caylee.
By not alerting the Plaintiff that Caylee was not missing and had actually died in the Swimming Pool on June 16, 2008, the Debtor was able to maintain the appearance of ignorance and innocence as to Caylee's disappearance and death. The Plaintiff's searches for Caylee allowed the Debtor to continue to portray herself as the worried mother desperately hoping that her
page 13 - daughter was still alive and would be safely returned to her family.
The Plaintiff's [TES] searches for Caylee also provided the Debtor [Casey Anthony] a means to deflect attention away from her, and focus on the searches for Caylee. Therefore, the Debtor received a direct benefit from the Plaintiff's searches for Caylee.

... the Debtor, directly (and through her parents) told Mr. Miller that Caylee had
page 14 - been abducted and was still alive, and thanked him and the Plaintiff [Texas EquuSearch] for assisting in the search for Caylee. Moreover, Casey never once corrected or otherwise disagreed with these false statements and alerted the Plaintiff that Caylee was not actually missing, but in fact she had died in the Swimming Pool on June 16, 2008.

 

[ZsaZsa]

I wonder what the Judge doesn't see that I do - to my eyes it's very straightforward. She asked for them to use all their resources to search for Caylee when she knew that she was already DEAD. They spent over $100K for that search. She owes them that money since she asked under false pretenses, simply to keep up the illusion that she was missing.......