AEG May / June updates
Medical records: As expected AEG had requested medical records for Michael and MJ Estate had mentioned their objections. There's an agreement reached with MJ Estate in regards to Michael's health records. It was limited to 3 years before his death (2006 to 2009) and the records were to be sent to MJ Estate first. MJ Estate had the right to redact the documents claiming doctor - patient privilege / private info and relevance before sending them out to AEG and / or KJ. Latest documents show that there's a second agreement that made the time period 1984 to 2009, although it's not clear if this is only limited to Klein and some witnesses or everyone. Still the rest of the rules are in place. Estate is still redacting any private and irrelevant information before sending the medical records out and the documents are still marked as confidential.
Klein: There's not much to say about Klein's medical records. He was asked for them, he sent 27 pages of medical records all for 2009. LA District Attorney's office gave the copies of the medical records they had. They had 34 pages, 12 pages were different than waht Klein sent to AEG and it included 2008. As the medical records sent didn't cover the initial time period (from 2006) and the second agreed time period (from 1984), AEG has tried to ask for them. However they got no response from Klein and his office and couldn't find who (what lawyer) is representing Klein so they are asking the judge to order Klein to turn over the documents.
I also have to add that in a May 2012 letter, Klein is objecting to the deposition and document requests.
KJ's motion to compel against AEG: Actually this has been going on since mid-May but I have been waiting for more information to report about it. Just as AEG filed and won a motion to compel (get the judge to order Katherine to answer their questions and document requests) , KJ has also filed a motion to compel request against AEG.
Although there are hundreds to thousands pages of filings from both sides I'll keep this short.
Katherine's lawyers filed a motion to compel request against AEG claiming the "rolling discovery" is not acceptable and they have not answered or sent documents that they have asked. Now normally discovery requests are answered once, "rolling basis" means you send out responses/ documents in parts over time.
AEG's response is a lot more interesting than KJ's motion to compel. AEG argues that this is just a retaliation act for the motion to compel they filed and won against KJ. AEG says they could only do rolling discovery as there was close to 3 million pages of documents. AEG first put all the documents into an electronic database and then started to send them to KJ. They asked KJ's lawyer how they wanted them and they said in paper format so AEG sent them 5,000 pages in a hard copy format. They waited for a confidentiality agreement which KJ's lawyer agreed - disagreed- agreed and so on. At this time KJ's lawyers asked for electronic submission. After the confidentiality agreement was signed AEG did 4 more submissions in total of 30,000 pages in TIFF format. Then KJ's lawyers asked for PDF format, AEG did 2 more submissions in PDF format for around 180,000 pages. So in short AEG had sent 222,499 pages in 7 separate productions, AEG also says that the documents they sent are in chronological order.
AEG also state that their document production is almost complete. The number of pages that Katherine sent for AEG's requests is 140.
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July 2012
Update
KJ's lawyers responded to AEG's claims saying that
- the documents they produced aren't necessarily in chronological order,
- the documents are produced in single page format, (for example rather than sending 1 PDF with 12 pages they send 12 separate pages)
-claim the hard-copy, TIFF and PDF was AEG's choice,
- the last submission was in password protected RAR compression format which KJ's lawyers say their computers cannot open RAR and it's time consuming to enter the password
- and the rolling production cannot continue indefinitely
They ask the judge for
- a date the document production should end
- monetary sanctions
- order AEG to sort the documents and label them according to the requests
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Judge ordered a discovery referee to be determined. This referee is going to solve the discovery issues without need to file motions with the judge.
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Media reports Frank Cascio will be deposed
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Media reports there is a subpoena for out-of-state witness Dr. Mark Tadrissi
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