Rigsbys file response to Renfroe emergency motion to compel deposition

What’s titled a response in opposition reads like a motion in proposition of a solution – and reinforces my opinion that underneath all of the allegations there is a very simple truth relevant to the various cases, this one McIntosh.

Renfroe has previously deposed the Rigsbys in this matter, by consent and order, outside of the discovery period. Now, after ten months have passed, Renfroe seeks to reopen the Rigsbys’ depositions without any limitations on scope or content. For the reasons set forth below, the Rigsbys respectfully request that the Court apply to Renfroe the same limitations that the Court has already provided for State Farm regarding the upcoming September 3, 2008 depositions of the Rigsbys. (emphasis mine)…

…Despite Renfroe’s unreasonable position, however, the Rigsbys do not object to Renfroe deposing them on September 3, subject to the same limitations imposed on State Farm. Indeed, because this Court has already held that those deposition topics are timely for State Farm due to the circumstances, the Rigsbys presume that the same would be true for Renfroe.

Having previously stated my opinion of the Refroe emergency, the emphasis added is simply my way of pointing out I feel Rigsbys proposed resolution is particularly respectful of the McIntosh family.

I’ve included the background in the motion with citations deleted to make it more readable. IMO the background supports the Rigsbys position; but, read and decide for yourself. Continue reading “Rigsbys file response to Renfroe emergency motion to compel deposition”

Breaking! 11th Circuit Court of Appeals GRANTS Scruggses' Petition

You all might remember Scruggs and Scruggs Law Firm petitioning the court for an appeal of Judge Acker’s Order on civil contempt sanctions. On Friday last, the Court granted their petition to appeal. Just the fact that they have agreed to review is cause for speculation since the court is particular about which cases it grants to review. And given the antics of Judge Acker, I hope they give it a thorough review.

With that and the Supremes reviewing the Jones case to decide whether the sides need go to arbitration, maybe Scruggs can get a little justice even while imprisoned.

"It's like deja-vu all over again" in motion to compel depositions of Scrugges

Yogi, or so it appears, called the signal for what State Farm and Renfroe put into action as their strategy for getting Judge Walker and Judge Senter to play ball and compel the deposition of the Scruggses – it’s like deja-vu all over again from December 2007.

However, the Scruggses won that round but Renfroe obviously felt and Yogi said, you wouldn’t have won if we’d beaten you.

Judge Alexander handed Renfroe the defeat – and one might say they took the hint.

For a subpoena ad testificandum, those factors are: (1) the relevancy of the proposed testimony; (2) the need for the testimony; (3) the breadth of the subpoena; (4) availability of the testimony by other means; (5) burden on the subpoenaed party in obeying the subpoena. Collapsed down to its essence, the inquiry is one of balancing burden against benefit. (emphasis added)]

Now, do you see it? Smoke and mirrors – by reducing the document request, they created the impression of a more narrow inquiry than either intended to conduct. Had they not, it is highly likely the Scruggs would have prevailed on the basis the intended discovery was overly broad as restated in Judge Walker’s order. Continue reading “"It's like deja-vu all over again" in motion to compel depositions of Scrugges”

State Farm defense (mechanisms) growing motion to compel Scruggses to complete deposition

This began as a short update to my earlier post on the Reply filed late Friday by State Farm and a related post on the Response filed by Renfroe – both connecting to my opinion their defense of the McIntosh case was relying on psychological defense mechanisms.

I intended to offer this evidence of my contention the allegations of an affair made in the Oxford depositions suggested Freudian projection.

I don’t know of any carriers that condone relationships between independents and staff… I don’t know what rules were for them on this cat but you can clearly see that it won’t remain a private affair if litigation as ugly as this whole thing takes place…

“…attorneys also asked Senter to block jurors from hearing any testimony that Kerri Rigsby had romantic relationships with a State Farm employee and with a co-worker who also helped State Farm adjust Katrina claims.”

However, before hitting publish and calling it a day, I went back to the McIntosh docket to check a fact and found the Reply growing – three additional docket entries were filed today. Continue reading “State Farm defense (mechanisms) growing motion to compel Scruggses to complete deposition”