1. 4:08-cv-02753-TLW-TER Date Filed 10/28/09 Entry Number 79 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
HOWARD K. STERN, as Executor of the )
Estate of Vickie Lynn Marshall, )
a/k/a Vickie Lynn Smith, ) Civil Action No. 4:08-cv-2753-TLW
a/k/a Vickie Lynn Hogan, )
a/k/a Anna Nicole Smith, )
)
Plaintiff, )
)
vs. )
)
STANCIL SHELLEY, )
a/k/a Ford Shelley, )
G. BEN THOMPSON, )
and John or Jane Doe 1-12 whose true names )
are unknown, )
)
Defendants. )
/
THE EXECUTOR’S MOTION FOR CONTEMPT AND SANCTIONS
COMES NOW Plaintiff Howard K. Stern, as Executor of the Estate of Vickie Lynn
Marshall a/k/a Anna Nicole Smith (the “Executor”), and hereby moves this Court for an order
holding Defendant G. Ben Thompson (“Ben Thompson”) and his attorney-of-record, Susan M.
Brown, (“Brown”) in contempt of court for violating the Consent Order Entering Preliminary
Injunction [DE 39] (the “Order”) and entering sanctions against Ben Thompson and Brown.
The Order entered by this Court and to which Ben Thompson and Brown, as Ben
Thompson’s attorney, consented ordered Brown to produce to the Executor certain documents
and evidence relevant to the underlying matter. Specifically, the Order required Brown to, among
other things, deliver to the Executor’s attorneys within ten (10) days of the entry of the Order on
January 16, 2009, all duplicates of property belonging to the Estate of Anna Nicole Smith which
is the subject of the above-referenced litigation and which was removed from the residence
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2. 4:08-cv-02753-TLW-TER Date Filed 10/28/09 Entry Number 79 Page 2 of 5
known as Horizons after the death of Ms. Smith (the “Property”). Ben Thompson and Brown
directly violated that Order by (i) maintaining on Brown’s computer for over nine (9) months
after entry of the Order electronic duplicates of some of the Property, and (ii) maintaining in
Brown’s law offices hard copies of some of the Property. Brown’s violation of the Order has
forced the Executor to incur significant expense caused by Brown’s violation of the Order,
including but not limited to attempting to retrieve the Property, spending deposition time
inquiring into Brown’s violation of the Order, and taking steps to ensure the destruction of
Brown’s hard drive.
The grounds for this Motion are more fully set forth in the accompanying Brief
simultaneously filed herewith.
WHEREFORE, Howard K. Stern, as Executor of the Estate of Vickie Lynn Marshall
a/k/a Anna Nicole Smith, respectfully requests that the Court hold an evidentiary hearing on this
Motion and enter an order:
A. Striking Ben Thompson’s defenses to the Executor’s Complaint;
B. Entering judgment in favor of the Executor on his Complaint as against Ben
Thompson;
C. Awarding the Executor all of his expenses and reasonable and necessary
attorneys’ fees incurred as a result of the violation of the Order, including but not limited to fees
incurred through discovery concerning the Property held by Brown in violation of the Order,
attempts to retrieve the Property, and efforts taken to ensure the destruction of Brown’s hard
drive;
D. Ordering Ben Thompson and Brown to immediately turn over to the Executor’s
attorneys all property belonging to the Estate – including all originals; and
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3. 4:08-cv-02753-TLW-TER Date Filed 10/28/09 Entry Number 79 Page 3 of 5
E. Granting such other and further relief as the Court deems appropriate.
Respectfully submitted this 28th day of October, 2009.
/s/ L. Lin Wood
L. Lin Wood
(Georgia Bar No. 774588) (Pro hac vice)
Lin.Wood@BryanCave.com
Nicole Jennings Wade
(Georgia Bar No. 390922) (Pro hac vice)
Nicole.Wade@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
/s/ Louis Nettles
Karl A. Folkens
(District Court ID No. 854)
Karl@folkenslaw.com
Louis Nettles
(District Court ID No. 2521)
Louis@folkenslaw.com
FOLKENS LAW FIRM, P.A.
3326 West Palmetto Street
Florence, South Carolina 29501
Telephone: (843) 665-0100
Facsimile: (843) 665-0500
Attorneys for the Executor
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4. 4:08-cv-02753-TLW-TER Date Filed 10/28/09 Entry Number 79 Page 4 of 5
CERTIFICATE OF CONFERENCE
Pursuant to Local Rule of Court 7.02, prior to filing this motion, counsel for the
Executor conferred with opposing counsel and attempted in good faith to resolve the matter
contained in this motion.
/s/ L. Lin Wood
L. Lin Wood
(Georgia Bar No. 774588) (Pro hac vice)
Lin.Wood@BryanCave.com
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5. 4:08-cv-02753-TLW-TER Date Filed 10/28/09 Entry Number 79 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on October 28, 2009, I electronically filed the foregoing document
with the Clerk of Court, which will automatically send notification of such filing to the following
attorneys of record:
R. Scott Joye Susan P. MacDonald
Joye, Nappier & Risher, LLC Nelson Mullins Riley & Scarborough LLP
3575 Highway 17 Business Beach First Center, 3rd Floor
Murrells Inlet, SC 29576 3751 Robert M. Grissom Parkway
Myrtle Beach, SC 29577
Susan M. Brown
The Law Offices of Susan M. Brown P.C.
525 Clubhouse Drive
Peachtree City, GA 30269
I further certify that the foregoing document has been served on the following by email
and U.S. First Class Mail:
Christine L. Mast, Esq.
Hawkins & Parnell, LLP
4300 SunTrust Plaza
303 Peachtree Street, N.E.
Atlanta, GA 30308-3243
cmast@hplegal.com
This 28th day of October, 2009.
/s/ Louis Nettles
Louis Nettles
(District Court ID No. 2521)
Louis@folkenslaw.com
6026780
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