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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
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
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
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
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
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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Unseal Clark Depo for DOJ

  • 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. 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. 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. 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. 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. 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