State Farm’s team of buckin’ fuzzards swooped down from the perch in their poisonous tree leaving droppings at McIntosh in their search for qui tam carrion – buteo buteo too blind to see.
The thing they keep forgetting when they wear out the Rigby sisters and Scruggs for purloining all of the fraudulent and altered engineering reports from them, is that every time they do it, they are underlining the fact that fraudulent and altered engineering reports do exist and that they can be found at State Farm and its contracted companies.
Buckin’ fuzzards seeking an expeditious and final end to the quest for justice of qui tam Realtors – filing a response in opposition and calling the evidence collected on behalf of the American people poisonous fruit
So as to prevent any misunderstanding as to what State Farm means herein by “stolen” documents, materials, information or ESI, State Farms means any of the foregoing that were obtained by the Rigsbys or their agents by any means other than through normal civil discovery in an action in which the Rigsbys are parties.
The doctrine is subject to three main exceptions. The tainted evidence will be admissible if (1) it was discovered in part as a result of an independent, untainted source; (2) it would inevitably have been discovered despite the tainted source; or (3) the chain of causation between the illegal action and the tainted evidence is too attenuated. (emphasis mine)
Buckin’ fuzzards with the hubris to claim the 5th Amendment responses of Dick Scruggs and his son Zach are evidence of guilt – waited until after discovery ended to their similarly guilty employee, the hard-to-serve Lecky King, available for deposition.
Buckin’ fuzzards that hear the cottonwoods whispering above and start dreaming of evidence for Tammy to sing like a violin in the hooty-owl hooty-hoos of their motion for leave to file motion for summary judgment in McIntosh.
Buckin’ fuzzards feigning respect for justice while showing blatant disregard for same by putting out the the Petition for Writ of Mandamus filed by BFR&G/GB&M as road kill – while failing to reveal the 11th-hour response they submitted to the 5th Circuit but eagerly revealing their strategy:
In the near future, State Farm intends to move to disqualify the Rigsbys as witnesses, and perhaps further as Relators in this Action, as well as to move for the exclusion of all documents, information and Electronically Stored Information stolen by the Rigsbys and their agents – relief similar to that granted State Farm by this Court in its Order in Thomas C. McIntosh and Pamela McIntosh v. State Farm Fire & Casualty Co…
State Farm intends to respond separately in opposition to the Rigsbys’ motion for clarification…of this Court’s April 4, 2008 Order in McIntosh.
Buckin’ fuzzards think they can hide behind the fruit of the poisonous tree they planted but cannot:
…this Court’s Scheduling Order for Dispositive Motions Pending on August 5, 2008, provided instructions for how parties should designate deposition testimony given by the Rigsbys…Since this Court is allowing the parties to use deposition testimony previously given by the Rigsbys, it seems highly unlikely that this Court intended the McIntosh Order to preclude the Rigsbys from testifying in this case.
Buckin’ fuzzards – bitch and master – whispering sweet nothings.
To be clear, nothing in this submission constitutes consent by State Farm to the Rigsbys serving as witnesses or Relators in this Action or to the use or introduction of any stolen evidence by them. (emphasis added).
Consent, fuzzard? Buckit.