Renfroe "emergency" – one hour with each Rigsby sister not enough – new Motion filed today

Renfroe’s emergency will surely land the depositions of the Rigsby sisters in the next edition of Ripley’s Believe It or Not – rivaling, no doubt, the record of Sally Mae Wallace of Great Grits, Mississippi, for world’s longest tapeworm.

The Emergency Motion to Compel filed today relies on an order from October 2007 for justification of the emergency currently experienced because of the short time remaining before the trial in October 2008.

The Court previously held in its October 19, 2007 Order that “Renfroe is entitled to question the Rigsbys, and shall not be bound by the four-hour time limitation which has been imposed upon State Farm” (previous limitation due to State Farm’s earlier depositions of the Rigsbys). Under Fed. R. Civ P. 30(d)(1), Renfroe had a total of seven hours to depose each.
In light of the October 19, 2007 Order and the fact that Renfroe has deposed Cori Rigsby for 2 hours 15 minutes of the 7 available hours (4 hours 45 minutes remaining), and Kerri Rigsby for 2 hours 9 minutes of the 7 available hours (4 hours 51 minutes remaining), Renfroe is entitled to continue questioning Cori Rigsby and Kerri Rigsby on September 3 and, if necessary, on September 4, 2008.

In the email correspondence enclosed as exhibits, Renfroe attorney Hunter Twiford writes to Rigsby counsel Harlan Winn and Ben Mullins – one upping State Farm by including both McIntosh counsel Tina Nicholson and one of the Gilbert Randolph attorneys for the Rigsby qui tam, both of whom likely needed CPR after reading:

We respectfully decline your offer of only one additional hour of questioning by Renfroe for each Rigsby sister following State Farm’s one hour. Frankly, I think that we probably won’t take the balance of Renfroe’s allotted time, but at this stage, we are unWilling to voluntarily give up what is rightfully ours. We’ll file our motion and take it up with the court. If YOU’d like to talk further about this, I, too, will be available this afternoon. Thanks. Hunter

Twiford message was responding to this earlier email message from Winn (emphasis added to direct reader to key points)


I understand you called. I will be available this afternoon to talk if you want to call but I wanted to let you know my initial thoughts in response to your email.
I understand that under normal circumstances Renfroe does not need an order to complete depositions that have been properly noticed and are due to be completed. However, I do not believe that is where we are. The dates of September 3 and 4 are not good for Cori and Kerri nor are they good for their lawyers. I tried in good faith to work out dates with State Farm and my last correspondence asking for suggestions did not even get a reply; instead a motion was filed.

Consequently, Cori and Kerri have been ordered to appear to be deposed for one hour each by State Farm on September 3 and, of course, they will comply. However, with respect to Renfroe, this is the first time there has been any mention at all to me about continuing their depositions. There has been plenty of time to notice and schedule these depositions yet there has been no attempt by you to do so.

Cori and Kerri have given over approximately 21 hours of depositions in the Mcintosh case alone with Renfroe asking almost 5 hours of questions. Renfroe has also taken approximately 11 hours of deposition testimony of the Rigsbys in the Renfroe v. Rigsby case. I believe there has also been approximately 20 hours of deposition testimony that was taken of them in the Marion case. At some point, y’all have got to run out of questions.
As a compromise, since we will be there on the 3rd , we will agree to an hour for each by Renfroe immediately following the State Farm questions. Let me know if this is acceptable. I look forward to hearing from you.

Obviously, when Renfroe or State Farm do not get their way, it’s an emergency as is not getting the sisters to say what they want to hear. Perhaps one of the sisters simply needs to say, what part of no do you not understand – assuming Judge Walker doesn’t. As Harlan Winn wrote Twiford, at some point, y’all have got to run out of questions.

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