May 10 2012
Update
AEG has filed a motion to delay the trial dates.
If you remember they had complained before that the late discovery (Katherine not answering or not sitting for a deposition) made it hard for them to prepare for the trial on time.
I'll update as soon as I get more information
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May 14 Update
Katherine's lawyers has just filed objection to AEG's ex-parte request to delay the trial dates.
From the objection document we learn that:
- AEG is asking for a 6 month delay - to continue the trial date to March 10, 2013.
-One of AEG's reasons to ask for delay is as they only got substantial information to their requests on April 23 and therefore will not be ready to review them by the summary judgement date.
- AEG states only two depositions of Michael's siblings have been completed. One of them is Tito.
- Katherine also has been deposed for 3 days and her deposition is mentioned as "not finished".
- Katherine's lawyers argue that AEG has until August 13 discovery cut off date to depose anyone and ongoing depositions do not warrant a delay in trial dates.
- Opposition document includes mention of several depositions: Gongaware will be deposed by Katherine's lawyers next week (between May 21 -25). Katherine's lawyers also want to depose Dan Beckerman and Michael Roth from AEG. Deposition dates for Beckerman and Roth is still being discussed among the parties.
- AEG has 4 depositions set up for this week (between may 14- 18) as well. Those are Jermaine Jackson, Dr. Arnold Klein, Debbie Rowe and Trent Jackson.
- AEG lists Michael's medical records as a reason for delay as well. After the Murray case was over and the court allowed Michael's medical records, the documents show that Michael's medical records is mainly limited to last 3 years (starting from June 25, 2006) and Estate lawyers (Weitzman's office) is reviewing and redacting (irrelevant private information) medical documents before they send it out to the parties.
- AEG also states that the motion for protective order (ability to mark documents as confidential) has caused delays. AEG also states that expert discovery has not started.
- Katherine's lawyers asks the court to deny AEG's request to delay the trial dates. They also states that even if court agrees to delay the trial dates, court should keep the date to file summary judgement the same.
- Katherine's lawyers cite California Code of Civil Procedure 36 (b), 36 (f) which states a party to a civil case who is under the age of 14 must be granted a trial date within 120 days unless the court finds the party does not have a substantial interest in the case as a whole. Katherine's lawyers state that as Blanket is 10 years old, he fits to this requirement.
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Guys this is my latest update. Sorry for having to make it a protected pdf as some people tend to steal my work. It's 4 pages long so make sure that you scroll to read all of it.
http://www.scribd.com/doc/93728724/KJ-AEG-May-15-Update
Katherine Jackson – AEG Lawsuit May 15 Update
We already know that Judge has granted AEG's motion to delay the trial. The new trial date is April 2, 2013.
I will do an update based on AEG's response to Katherine's objection to delay as it has a lot of new information.
- AEG argues that there's good cause for delay as the discovery is incomplete - even in regards to Katherine's answers to their questions. AEG says Katherine only sent them 137 pages of documents just weeks ago and she partially answered questions.
- AEG argues they need more time because to file and win on a summary judgment they need to both point out the evidence KJ does not have and how KJ cannot obtain evidence to support her claims. AEG states they need more time to gather evidence about Michael's "lengthy history of drug abuse"
- AEG blames Katherine's lawyer for the delay saying that they did not yet receive any substantial answer to their questions. They state they only got partial answers.
- AEG also argues that delay on Katherine's part resulted in more delay. AEG is adding people to be deposed based on Katherine's deposition (such as people that were at Carolwood house, person with knowledge about Michael's finances and so on). As Katherine's deposition started late and still ongoing this information is still coming in.
- AEG argues as they couldn't get the basic facts, the expert discovery hasn't even started.
- AEG states as the discovery goes on they learn more stuff that weakens Katherine's lawsuit. For example they mention that the responses confirmed that Murray was long-time personal physician of Michael - which is contradictory to the claims in the lawsuit (which stated AEG selected Murray).
- AEG even cite responses sent for Prince, Paris and Blanket in which they said they saw Murray in Las Vegas before family's move to LA in 2009.
- AEG states from Katherine's deposition it's obvious that she has no knowledge about Michael's relationship with AEG or Murray.
- AEG states deposition of Katherine, Tito and Rebbie confirmed "decades long history of severe substance abuse including an addiction to prescription painkillers and repeated interventions". AEG states this is contradictory to the claim AEG somehow forced Michael to receive dangerous medications from Murray.
- AEG states that they believe the further discovery will undermine Katherine's cases a lot more.
- As for Michael's Propofol history AEG argues although Katherine's lawsuit claims AEG coerced Michael to taking Propofol, there's evidence to show that Michael used Propofol long before AEG came into the picture. They cite evidence of Propofol use up to 20 years ago (Neil Ratner) and doctors that came forward and said Michael asked them for Propofol (such as Susan Etok and Cheryln Lee, Arnold Klein and Allan Metzger). AEG says this information is essential for their defense and that's why they are seeking Michael's medical information.
- The document also lists MJ Estate's objections based on privilege and privacy. If you remember December 2011, the judge ordered MJ Estate to turn the medical documents. Most of it is limited to the last 3 years. The document also states that Estate pushed for a strict confidentiality order to protect Michael's privacy.
- AEG's lawyers state that Katherine's lawyers first agree to confidentiality and then revoke their agreement and this is what is holding the medical records.
- AEG argues that they did not delay the process. AEG says they sent 30,000 pages of documents to Katherine's lawyers and the rest will be sent within 3 weeks.
- Before April 2012, Katherine's lawyers only sent 2 depositions to Gongaware and Phillips while the Murray trial was ongoing. AEG says they rejected depositions requests during Murray trial (as both Gongaware and Phillips were subject to be recalled as witness) but sent dates in January 2012 for depositions of Gongaware and Phillips. Katherine's lawyers rejected January date saying that they would not depose them until they get the discovery from AEG.
- Currently Gongaware will be deposed next week (Week May 21-25) and Phillips will be deposed the following week (Week of May 28-31).
- In April 2012, Katherine's lawyers send deposition requests to 12 other people - mostly AEG employees. Some names mentioned are Beckerman, Roth and Fikre. They will be deposed in June 2012, after Gongaware and Phillips depositions.
- If you remember Katherine's lawyers have previously argued abusive questions at depositions such as asking Tito about alimony payments. AEG lawyers state that those questions aren't abusive; it's relevant to the issue at hand including showing witness credibility.
- From technical point AEG cites another section of the law that a case of health care negligence should be set no sooner than 6 months. They argue that rule is the main rule and not the age of the defendant. In other words they argue that even though Blanket is 10 years old as Murray is a health care provider the "at least 6 months" rule should apply. AEG states that means the trial date can be anytime from November 2012 to April 2013.
Now some tidbits
- AEG sent out 43 deposition and 85 document requests.
- Total depositions is 62 (19 depositions by Katherine's lawyers) and total document requests is 93 (8 document requests by Katherine's lawyers).
- Only two depositions - Tito and Rebbie Jackson- has been completed to this date.
- Katherine's deposition is still classified as "not finished".
- They are still waiting for 69 of the document requests. 41 of these ask for medical records of Michael.
- AEG states that Katherine's lawyers mock their lawyers. Apparently Katherine's lawyers joked about AEG's lawyers trial experience and sarcastically asked them if they were worried about summary judgement.
- AEG states that deposition of Klein will not be proceeding. No more information is given.
- Taunya Zilkie and Debbie Rowe depositions are mentioned as proceeding.
- Depositions for Kenny Ortega, Cheryln Lee and Dr. Slavit are also mentioned through emails.
Depositions
AEG has included parts from Katherine's and Rebbie's depositions. It's stated that Tito's is marked as confidential so they don't give exact quotes from Tito's deposition.
Katherine's deposition
From the parts we can see that
- Katherine says she didn't believe Michael abused prescription drugs.
- Katherine mentions some of her children talked to her about Michael's problems and wanted to intervene and asked her to come as she would be influential. She says they went to Neverland Ranch.
Katherine's deposition part also has many questions about financial support Michael provided.
- Katherine says Michael would leave around $1 Million with his accountant Marshall Gelfand before he goes to a tour for Katherine. Michael's accountant would give a check to Katherine whenever she needed some money.
- Katherine says she asked Gelfand to give her the full $1 million upfront but he didn't. He only gave her checks whenever she needed money.
- Katherine says Michael's office also paid for all of the Hayvenhurt's costs such as gas, light, water including a $2,000 a month grocery budget.
- Katherine says when Michael left for Bahrain he put $500,000 to Grace's bank account and Katherine was given access to that bank account. Katherine says this was the only money she got from Michael in that time period. She says at that time Janet also gave her $10,000.
- Katherine says when Michael came to LA in 2009; he gave her $20,000 or more several times. She doesn't remember the total amount.
- Katherine is asked who was living with her at Hayvenhurst during that time. She lists Alejandra and her kids and Trent. She can't remember Donte's name.
- Katherine is asked if she paid for Joe's expenses. Katherine says one time she paid for some expensive shoes and she paid Joe's rent. She says sometime in the past Michael's office also paid Joe's rent.
- During deposition Katherine says she only knows Randy Phillips because she met him during a meeting in May 2009. She says she doesn't know Gongaware or Leiwake and Michael did not talk to her about any of the men or AEG or TII tour.
- Katherine also says she never met Murray and Michael never talked to her about Murray either.
Rebbie's deposition
- Rebbie mentions 3 interventions. One at Neverland Ranch, one in New York and one in Las Vegas house. She says there was another one that she wasn't present for.
- Rebbie details the intervention they went at Neverland. She says the security did not want to let them in unannounced and she got out of the car and opened the gates.
- Rebbie says that Michael told them he was okay and he already had a doctor that was helping him with any issues.
- Rebbie says she didn't believe Michael.
- When asked if Michael was upset, Rebbie says even if Michael was upset he wouldn't have showed it.