We are in the phase where one party files a summary judgment motion asking to dismiss all or parts of a lawsuit before it goes to trial. AEG has just filed their summary judgment motion in an attempt to dismiss Katherine Jackson's lawsuit against them.
I will post a brief info and post the documents and then update the thread with the summaries etc. Feel free to read, comment and summarize as well. We are opening this thread first at News and Happenings due to significance of it, later it'll be moved to Trials and Tribulations.
AEG Live, Gongaware and Phillips has filed their own summary judgment motion. I'll be posting the documents for it.
AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting it but mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.
Almost all depositions AEG cite are marked confidential and filed under seal.
http://www.scribd.com/doc/115405475/...udgment-Motion
AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.
Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:
AEG is asking dismissal based on "matter of law" as there's no triable issues.
First action : Breach of contract.
In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.
A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.
A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.
AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.
AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.
A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.
AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)
AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.
AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.
AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.
B. Negligent undertaking
B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.
B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)
4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.
C. Lack of foreseeability
AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.
D. Hiring, training and supervising Murray
AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.
Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.
AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.
So overall they argue that they never hired Murray and therefore never trained or supervised him either.
AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.
AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.
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Some tidbits from the additional documents and not redacted parts
Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA. (Ivy's note: This seems to AEG's evidence that Michael's relationship with Murray dated long before they came into picture)
Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.
AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.
Phillips and Gongaware say that their meetings with Murray was limited to 2-3 meetings.
Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence. (Ivy's note: Which can be used in trial as these people didn't recognize the effects of the drugs , it'll be impossible for us to recognize it.)
The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.
Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.
AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.
Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.
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Oral arguments are set for February 13, 2013. After the oral arguments court would take some to come to a decision.
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I'm going to give information about all the documents I got and what they consisted of
Summary Judgment motion filed by AEG Live, Gongaware and Phillips
This is the file in the first post and summary of it is provided.
Redacted declaration
This is the supporting document for the summary judgment motion that consists of 36 exhibits - most of which are redacted and/or sealed. These are the stuff that can be seen from it.
- Katherine Jackson admits that Murray was not the only doctor that was treating Michael in the last few months and weeks of his life.
- Katherine Jackson admits Murray was a licensed doctor.
- Katherine Jackson admitting Michael did not have mental deficiency.
- Katherine Jackson admitting Michael was intelligent.
- Katherine Jackson admitting that Michael received Propofol from other doctors than Murray.
- Michael's kids admitting that Michael said positive things about Murray.
- Michael's kids admitting they did not know Michael was receiving Propofol from Murray.
- Michael's kids admitting that the access to Michael's rooms were restricted for many people but they had access.
- AEG Live saying that the TII deal included Tohme Tohme, Dennis Hawk and Peter Lopez representing Michael.
- Although not clear AEG lists a group of people Murray, Dileo, Gongaware, Phillips, Ortega and Michael Amir Williams as an answer to a question. This might be the people that attended the "riot act" meeting.
- AEG denies telling Michael to stop take any medication, stop to see any doctors. AEG also says they did not tell Michael to take any medication or see any doctor.
- AEG says they never paid Murray.
- AEG denies any knowledge of Propofol.
- LA Coroner gave 1563 pages of documents to the parties.
- LA District Attorney produced 108 discs containing 12,196 pages of their criminal investigation.
- Michael's kids saying they aren't sure when they first met Murray but believed it to be either Bahrain or Las Vegas.
- Michael's kids saying they saw Murray at Las Vegas and started to see him more often after they moved to Carolwood.
- Michael's kids saying they saw IV fluids but thought these were for nutrition.
- Michael's kids saying they spent 2 hours at night and 1 hour before he went to rehearsal with Michael between June 23rd and June 25th. (Note: I think they are trying to say they saw Michael for 2 hours at June 23rd night and 1 hour on June 24th before he went to rehearsal).
- Paris saying Michael once told her to give money to Murray but he refused. Murray refusing to take money from Michael.
- Paris saying Michael was anxious about flying and took medication before he went on a plane.
- Paris saying Michael loved to stay up late and listen to music.
- Paris saying Michael seemed to be nervous and seemed to have a lot on his mind the last month before his death. Michael saying the schedule was too much.
- Paris saying during the week he died Michael's body temperature would go from cold to hot and from hot to cold.
- Paris saying that she discussed Michael's death with Latoya and Latoya saying she would get to the bottom of who killed Michael.
- Paris saying Katherine got some personal items of Michael from Carolwood and also brought Paris clothing of Michael that smelled like him.
- Blanket almost not remembering anything and saying he attended some rehearsals with Michael but don't remember a thing. He remembers Michael wanting TII footage to be 3D.
- Kai Chase stating she was sometimes at the house working for 12 hours a day.
- Kai Chase saying she never went upstairs.
- Kai Chase saying sometimes she wasn't paid on time but Michael Amir told her not to discuss her paycheck with Michael.
- Kai Chase saying Michael Amir telling her Tohme wasn't a nice person.
- Kai Chase saying that she first heard of Murray in April 2009 and first saw him at Carolwood at the first week of April.
- Kai Chase saying she saw Murray carrying oxygen tanks and found it strange.
- Kai Chase saying she never saw Michael to take drugs and never suspected anything.
- Kai Chase saying she didn't know Michael used her name on prescriptions.
- Kai Chase saying she didn't know what Propofol is.
- Katherine Jackson saying Gongaware was on a tour with Michael in the past when a doctor was present and he knew or should have known Murray was administrating drugs nightly to Michael.
- When asked "how do you know AEG demanded Michael to take medications only given to him by Murray", Katherine responding "the people in riot act meeting will testify to that".
- Roselyn Muhammed saying she didn't know any drug use and Michael liked good health. Roselyn saying she didn't suspect any drug use.
- Roselyn saying Grace told her about an intervention but she didn't know when it happened.
- Roselyn saying she didn't know Michael suffered from insomnia.
- Roselyn saying she didn't know what Propofol is
- Roselyn saying one day Michael complained of being cold. Held his hand out for her to feel it and she felt it and it was very cold. She told him to sit in front of the fireplace and she'll get him hot soup. And she brought him back either hot soup or hot tea.
Tim Woolley Declaration
Woolley is the accountant for the TII tour. He basically summarizes his interactions with Murray. He's told my Gongaware to talk to Murray about a contract. He makes the first phone call at May 8, 2009. He says this was a mundane phone call to gather information. He confirms this phone call with an email on May 8th and May 14th as he got no response. Murray responds May 15th asking him to send him a draft of a contract so that Murray's lawyer can take a look over it. May 28th Murray emails Woolley asking for "good faith" salary payment, Woolley refuses this request saying AEG only pays when there's an fully executed agreement. June 4th Murray sends and email asking about how the draft of the contract going on. On June 16th Woolley sends the first draft of contract to Murray. June 19th Murray emails him his revised version of draft of the contract. June 23rd Woolley emails Murray asking some personal details (date of birth etc). June 24th Katie Jorrie emails the third draft to both Murray and Woolley.
Paul Gongaware Declaration
Gongaware saying when they produce a tour they would advance the costs on artists behalf and the artist is responsible for it and pays it back from his/her share. (He makes it sound like the TII deal was a standard deal that they do). He says this gave Michael significant control over the tour staff and he choose those people himself.
Gongaware saying he tried to convince Michael to get a UK physician but he wanted Murray adamantly. Gongaware says he told this request to Phillips and he tried to change Michael's mind as well. So Gongaware says he ultimately agreed to facilitate the contract with Murray at Michael's request. He called Murray late April - early May and Murray asked for $5 Million. Gongaware calls this demand unreasonable and tells it to Michael. Michael counter offers $150,000 a month and Murray agrees.
Gongaware then delegates the contract issue to Woolley who got Katie Jorrie to help. Gongaware says he didn't see the drafts and had no involvement in the contract phase.
Gongaware gets one email on June 14 but the information about the email is redacted.
Gongaware says he met with Murray once (seems to be June meeting) to discuss Michael's nutrition and stamina. Gongaware says Murray told him Michael is in good health and he didn't need anything from AEG. Gongaware states that he didn't supervise Murray's treatment.
Gongaware says Michael asked him to change the tour schedule in April or May and they did so to put more days between performances. Gongaware says Michael did not make any more requests to him and Michael did not ask the tour to be postponed or cancelled.
Gongaware says he never tried to prevent Michael from seeing any doctor, he never told Michael or his doctors what medicine he should or should not take. Gongaware says he never required Michael to take propofol and he didn't have any idea Michael was taking Propofol until he read it reported in the media after Michael's death. Gongaware says he didn't know what Propofol is.
Gongaware says he didn't provide medicine or equipment to Murray. He says Murray only mentioned he might need some medical equipment in London in their first May 2009 phone call but he never told what specific equipment he might need to Gongaware and never asked Gongaware for any equipment.
Gongaware repeats he asked Murray in June 2009 if he needed anything from AEG and he said he did not need anything.
Gongaware says Murray assured him Michael's was in excellent health and Gongaware personally did not see anything to suggest otherwise.
Katie Jorrie Declaration
Jorrie says she drafted the agreement between Michael and AEG Live. She says the contract had multiple revisions based on the requests coming from Michael's people.
Jorrie calls the MJ - AEG Live agreement very favorable to Michael. She says AEG was advancing substantial amounts not only for the production and promoting costs but they also gave substantial cash advances to Michael to pay his debt, rent and to buy a second home.
Jorrie says MJ had the right to select his touring staff and as agreed AEG Live was advancing their salaries and Michael being responsible for those expenses.
Tim Woolley asks Jorrie to draft an independent contractor agreement for Murray in late May 2009 - early June 2009. Murray tells Jorrie that he has been treating Michael for 3 years.
Jorrie says she sent the first draft on June 15. She got a call from Murray on June 18th. Murray asked her who will sign the contract and if he will need to refund any salaries back if the tour gets cancelled or if Michael fires him. They also discussed if Murray would hire someone to assist him in London and why a CPR machine was needed.
Murray tells her he was licensed in 4 states and CPR machine was customary to have at hand for performances. Murray never requested any equipment from her. She says that Murray made it clear that he had yet to select a medical person to assist him and she understood that Murray would select the precise equipment he wanted AEG Live to provide him at London.
Jorrie says she had no knowledge about Propofol and actually Murray multiple times said to her that Michael was perfectly healthy and in excellent condition.
She send the second draft on June 19 and receives another call from Murray on June 23rd. Murray asks her to change the contracts start date to May 2009. He asks her to change the end date to March 2010 from September 2009 - so this way Murray would be paid during the tour break as well. Murray also asked her to change the wording that says "provide services requested by producer" to "artist".
Jorrie says she asked if Michael was aware and agreed that Murray would be paid during the tour break and Murray tells her yes. She says the "provide services requested by producer" was because of they used a standard vendor form for the draft and she immediately agreed to change it to artist. Jorrie says at this time she also asked Murray for help to gather Michael's medical records for the cancellation insurance.
Jorrie send the third draft to Murray on June 24. Murray calls her saying that he will go to rehearsal that day and he had went to the rehearsal the day before (June 23) and Michael was amazing. Murray faxes her the signed contact on June 24.
Randy Phillips declaration
Phillips says the talks with Michael started summer or fall of 2008. He says Michael's reps told him that Michael was in debt but rather than to sell his assets to pay his debt he preferred to go on a tour. Phillips says that for months they have negotiated an agreement and it was finally signed January 2009.
Phillips again mentions - Like Gongaware - when AEG produces a tour they advance the costs but the artist is responsible for those. (again they make it sound like this is standard way of how they do their deals) Phillips says that this actually gives the artist control over the tour, that he choose his staff, his vision determined what will be done and so on.
Phillips says that after he heard from Gongaware that Michael wanted to bring his physician, he talked to Michael to convince him to hire a UK doctor because he thought an American doctor would require some specific / temporary license to practice at UK. He says that Michael was very firm and he wanted his long term personal physician Murray. Phillps says he told Michael he would tell this to Gongaware.
Phillips says he was not involved in negotiations or drafting with Murray. He says he never signed any contract with Murray.
Phillips says he first met Murray at an early June meeting at Michael's home. He says that he spoke to Murray 2 -3 times and it was about the concerns raised by tour staff about Michael's attendance, nutrition and stamina. He says both Murray and Michael assured him that Michael was in good health. Phillips says he also mentioned Murray that Michael seemed sedated after seeing Klein.
Phillips says his last meeting with Murray was on June 20 - and it was requested by Dileo. He says Michael, Murray and Ortega was at this meeting. Murray tells them that Michael is in perfect health - so does Michael. Murray tells them not to discourage Michael from performing and bluntly tells them leave the medical care to him and focus on the tour. Michael and Ortega comes to an agreement about rehearsal schedule they are both happy with. Phillips says Michael never told him he needed medical care or he wanted the tour to be postponed.
Phillips says that he attended two rehearsals on June 23rd and June 24th and Michael was brilliant, healthy, energetic.
Phillips says he's not a medical doctor and did not supervise Murray. Phillips ends with statements that he learned the use of medicines after Michael's death, he never told Michael what doctor to see or not see, he never told Michael not to take any medicine, he never required Michael to take Propofol and he didn't even knew what Propofol is and he had no suspicion that Murray was giving Michael Propofol.
Summary Judgment Motion for AEG Inc. and Leiweke
As I mentioned before AEG Inc. (parent company) and Leiweke (CEO of AEG Inc.) has filed a separate request for dismissal based on the claim that they had no relationship or connection. AEG Inc. says they had no involvement in any TII contract, only Leiweke had attended a few meetings with Michael and neither Leiweke nor any AEG Executive had never met or communicated with Murray.
AEG Inc. points out that any deal was between Michael , Murray and AEG Live and a parent company cannot be held responsible for its wholly owned subsidiary.
Declaration
This is the accompanying declaration for the above summary judgment for AEG Inc. and Leiweke. It only consists of 4 exhibits. It has Michael - AEG Live contract, Murray draft agreement, deposition of CFO of AEG Inc. stating AEG Live is a wholly owned subsidiary of AEG Inc. and that AEG Inc. never saw or had any involvement in Michael contract and Murray contract draft, and AEG Inc. written answers repeating that the above mentioned points.
Leiweke Declaration
Leiweke says he met with Michael one or two times to discuss about a potential tour deal in the fall of 2008 in Las Vegas. He says these were preliminary meetings and they did not include negotiations about the tour. He says Michael's heath was not discussed in those meetings. Leiweke says AEG Live kept him updated about the developments but Leiweke and AEG Inc. had nothing to do with negotiations and drafting of Michael's contract as well as they had nothing to do with Murray negotiations and contract. Leiweke says they (Leiweke and AEG Inc.) had absolutely no involvement with Murray as they never met and communicated with him.
Two sets of Undisputed Material Facts
These are the claims that that the parties are making to be an undisputed fact such as "Leiweke did not sign TII agreement". Other side will have the option to accept or object to these facts.
Judicial notice
These are the stuff that they are wanting the court to make note of such as contract laws in California, Murray's medical board disciplinary record history, criminal trial verdict and so on.
Motion to seal documents
This is a motion to ask the court allow these documents to be filed under seal based on the protective order. This is what is causing many documents to be filed under seal and/or redacted.
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