I don’t think Dickie will think so. Scruggs filed an emergency motion for relief (exhibits). He didn’t get it. Remember he was ordered by Judge Walker in McIntosh v. State Farm to produce documents. He asked for reconsideration of that order but was denied. He asked Judge Acker for Injunctive Relief:
[W]ithout waiving claims relating to the jurisdiction of this Court over Scruggs, respectfully move this Court for relief from the Preliminary Injunction and Protective Order issued by this Court on December 8, 2006 (Doc. 60)1, for the limited purpose of complying with an order issued by the United States District Court for the Southern District of Mississippi. This motion is styled as an “emergency motion” because Scruggs has been ordered to respond to the Mississippi order by July 7, 2008, and Scruggs seeks relief from this Court prior to that time.
In directing that Scruggs produce the documents sought in Request Number 17, Judge Senter made no reference to the arguments raised by Scruggs regarding this Court’s Preliminary Injunction. Scruggs has been directed to produce the subject documents within fifteen days, or by July 7, 2008.
Scruggs is currently in a precarious position. If Scruggs does not produce the requested documents, Scruggs may face contempt charges in Mississippi. If Scruggs does produce the documents, Scruggs may face additional contempt proceedings in Alabama.
Although Scruggs specifically said he did not think a hearing would be necessary, Judge Acker decided that would be a fine idea — and with this Order set it for TOMORROW at 1:30.
Non-parties Richard F. Scruggs, D. Zachary Scruggs, and The Scruggs Law Firm, P.A. have filed a motion for relief from the preliminary injunction this court issued on December 8, 2006. They maintain that oral argument is not necessary for the resolution of their motion. While that may be true, the court is already set to hear the substantially similar motion of defendant Cori Rigsby.
Thus, although oral argument has not been requested, it will be heard at this court’s already-scheduled hearing tomorrow, Thursday, June 26 at 1:30 p.m.
In other news over in Alabama, attorneys for the Rigsbys asked for a stay on the order for civil sanctions because evidently Mr. Scruggs is appealing that decision to the 11th Circuit Court of Appeals!
1. On June 5, 2008, the Court entered an Order awarding civil contempt sanctions against the Rigsbys and Richard Scruggs (“Mr. Scruggs”), jointly and severally, in the amount of sixty-five thousand dollars ($65,000.00). The Court stated in its Order that this amount should be paid within thirty (30) days of the Order.
2. On June 19, 2008, Mr. Scruggs filed a Petition for Permission to Appeal the civil contempt sanction order to the Eleventh Circuit Court of Appeals (“Petition”).
3. Mr. Scruggs also posted security with the Court for the full amount of the civil contempt sanction pending a decision on his Petition.
4. If Mr. Scruggs’ Petition is denied, Renfroe may execute on the bond to collect the civil contempt sanction award.
5. The civil contempt sanction obligation is joint and several so that satisfaction of the sanction award through Mr. Scruggs and/or the bond will discharge the debt against the Rigsbys.
6. Mr. Scruggs is in a significantly better financial position to satisfy the sanction award than the Rigsbys and, if Renfroe actually wants to recover the sanction award, they will likely have to do so against Mr. Scruggs anyway.
7. Undersigned counsel emailed Renfroe’s counsel yesterday and asked whether Renfroe had any objection to this Motion but has not received a response as of the time of the filing of this Motion.
Of course not, they are trying to figure out a way to screw the sisters with this one, too!
The hearing this afternoon in Birmingham is about documents Walker wants from Scruggs or from Acker?
duesouth, it’s my understanding that both the Rigsby sisters and Scruggs are concerned about compliance with Walker’s order will put them in contempt of Acker’s order of protection.
Check back in case belle has different information – we’re all checking in whenever we can during the day.
duesouth, the hearing is about the civil contempt – I answered too quickly…but need bellesouth to explain better how it links to her other posts – Alabama Trade Secrets and Renfroe v Rigsbys… sorry, I was trying to do too much at once.
No, you had it right the first time, Nowdy. The hearing was in regards to the injunctive relief sought by both Scruggs and Cori. The order from the hearing has yet to be filed. Scruggs filed notice with the Court that he is appealing Acker’s civil contempt citation. The Rigsby’s asked for a stay on the contempt until Scruggs is heard in the 11th Circuit Court of Appeals. They said since they can’t pay it anyway it is going to have to come from Scruggs.