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Case 0:07-cv-60534-WPD          Document 253            Entered on FLSD Docket 02/13/2009                    Page 1 of 4

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Unseal Clark Depo for DOJ

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Transcript of " Unseal Clark Depo for DOJ"

  1. 1. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. : 07-60534-CIV-DIMITROULEAS MAGISTRATE JUDGE: ROSENBAUM HOWARD K. STERN, Plaintiff, vs. JOHN M. O’QUINN and JOHN M. O’QUINN & ASSOCIATES PLLC d/b/a The O’Quinn Law Firm Defendants. ____________________________________/ PLAINTIFF’S MOTION FOR CALIFORNIA DEPARTMENT OF JUSTICE TO BE DESIGNATED AS A QUALIFIED RECIPIENT OF THE CONFIDENTIAL PORTIONS OF THE DEPOSITION OF DON CLARK COMES NOW Plaintiff Howard K. Stern (“Stern”), and, pursuant to Paragraph I.7(L) of the Confidentiality Order entered by the Court on September 4, 2008 [DE 168], hereby moves this Court to designate the California Department of Justice, specifically including Agent Danny Santiago and the Bureau of Narcotic Enforcement, as a “qualified recipient” of the confidential portions of the Deposition of Don Clark, taken October 14, 2008, showing this Court as follows: 1. It has been reported in the media that the California Department of Justice is continuing to investigate matters concerning the death of Anna Nicole Smith. 2. It has also been reported that persons associated with The O’Quinn Law Firm in Houston, Texas – specifically Don Clark and Wilma Vicedomine – have attempted to influence the California Department of Justice in pursuing criminal charges against Stern. 1
  2. 2. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 2 of 4 3. Don Clark admitted under oath in his deposition in this action that he has not been able to develop any legitimate evidence of probative value to give to any law enforcement agent that would implicate Stern in any criminal activity involving Ms. Smith’s death. (See Deposition of Don Clark, dated October 14, 2008 (“Clark Dep.”), at 350:14—352:3 – these specific pages of the deposition are non-confidential.) 4. Despite this admitted lack of evidence, Clark had admitted that he continues to attempt to influence law enforcement agencies to prosecute Stern. 5. The deposition testimony of Don Clark in its entirety demonstrates his lack of objectivity regarding Stern, his complete lack of evidence of Stern’s involvement in Ms. Smith’s death, and his irrational commitment to seeing Stern prosecuted despite admittedly lacking any evidence to support criminal charges against Stern. 6. Don Clark’s deposition in the above-referenced action was simultaneously taken in the action styled Stern v. Cosby, et al., In the United States District Court for the Southern District of New York, Civil Action No. 1:07-civ-08536-DC. Stern has requested that the Honorable Denny Chin grant permission to send a copy of Don Clark’s deposition, in its entirety, to the California Department of Justice, specifically including Danny Santiago, the agent looking into Ms. Smith’s death on behalf of the Bureau of Narcotic Enforcement. WHEREFORE, based on the relevancy of the deposition of Don Clark to any investigation of Stern by the California Department of Justice, Stern respectfully requests that this Court GRANT Stern’s motion and direct that, pursuant to Paragraph I.7(L) of the Confidentiality Order [DE 168-2], the California Department of Justice, specifically including Danny Santiago and the Bureau of Narcotic Enforcement, is a “qualified recipient” of the 2
  3. 3. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 3 of 4 confidential portions of the Deposition of Don Clark, taken October 14, 2008. A proposed order granting the requested relief is submitted herewith. Dated: February 13, 2009. /s/ L. Lin Wood L. Lin Wood (Georgia Bar No. 774588) (Pro hac vice) lin.wood@bryancave.com Luke A. Lantta (Georgia Bar No. 141407) (Pro hac vice) luke.lantta@bryancave.com BRYAN CAVE LLP One Atlantic Center Fourteenth Floor 1201 West Peachtree Street, N.W. Atlanta, Georgia 30309 Telephone: (404) 572-6600 Facsimile: (404) 572-6999 M. Krista Barth (Florida Bar No. 0461229) krista@emsattorneys.com ERIC M. SAUERBERG, P.A. Suite 102 200 Village Square Palm Beach Gardens, Florida 33410 Telephone: (561) 776-0330 Facsimile: (561) 776-0302 Attorneys for Plaintiff Howard K. Stern CERTIFICATE OF SERVICE I hereby certify that on February 13, 2009, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the following attorneys of record: 3
  4. 4. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 4 of 4 Robert M. Klein, Esq. Neil M. McCabe, Esq. Robert G. Mandel, Esq. The O’Quinn Law Firm Cayla B. Tenenbaum, Esq. Suite 2300, 440 Louisiana Law Offices of Stephens Lynn La Cava Houston, Texas 77002 Hoffman & Puya, P.A. Two Datran Center – Penthouse II Attorneys for Defendants 9130 South Dadeland Boulevard Miami, Florida 33156 Attorneys for Defendants This 13th day of February, 2009. /s/ M. Krista Barth M. Krista Barth (Florida Bar No. 0461229) krista@emsattorneys.com Attorney for Plaintiff 4
  5. 5. Case 0:07-cv-60534-WPD Document 253-2 Entered on FLSD Docket 02/13/2009 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. : 07-60534-CIV-DIMITROULEAS MAGISTRATE JUDGE: ROSENBAUM HOWARD K. STERN, Plaintiff, vs. JOHN M. O’QUINN and JOHN M. O’QUINN & ASSOCIATES PLLC d/b/a The O’Quinn Law Firm Defendants. ____________________________________/ ORDER DESIGNATING THE CALIFORNIA DEPARTMENT OF JUSTICE AS A QUALIFIED RECIPIENT OF THE CONFIDENTIAL PORTIONS OF THE DEPOSITION OF DON CLARK THIS CAUSE having come before the Court on Plaintiff Howard K. Stern’s Motion for California Department of Justice to Be Designated as a Qualified Recipient of the Confidential Portions of the Deposition of Don Clark, and the Court having reviewed and considered the pleadings and the entire record in the case; it is accordingly, ORDERED AND ADJUDGED that Stern’s Motion is GRANTED; and IT IS FURTHER ORDERED that, pursuant to Paragraph I.7(L) of the Confidentiality Order [DE 168-2], the California Department of Justice, specifically including Danny Santiago and the Bureau of Narcotic Enforcement, is a “qualified recipient” of the confidential portions of the Deposition of Don Clark, taken October 14, 2008. 1
  6. 6. Case 0:07-cv-60534-WPD Document 253-2 Entered on FLSD Docket 02/13/2009 Page 2 of 2 DONE AND ORDERED in Chambers in the Southern District of Florida, this ____ day of ______________, 2009. William P. Dimitrouleas United States District Court Judge Southern District of Florida 2

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