Day: August 29, 2008

Relators file Reply re: State Farm's opposition to release of documents for discovery

State Farm’s Response Memorandum severely complicates a simple request made by the Relators pursuant to this Court’s August 6, 2008 Order.

Einstein lives on in the Relators’ Reply supporting their Motion for Expedited Document Requests and addressing objections raised in State Farm’s Response.

Any fool can make things bigger, more complex, and more violent. It takes a touch of genius – and a lot of courage – to move in the opposite direction.

It took fewer than five pages of text (with footnotes and obligatory form deleted) for the Rigsbys counsel to make a simple but compelling argument supporting their simple request – and “a lot of courage” to move in the opposite direction with the ease apparent in the document filed today.

The Relators tried to make their request as simple and clear as possible by mirroring the words of Judge Acker’s preliminary injunction.

To make this even simpler for State Farm, however, the Relators are willing to streamline their request even further to the following: the set of documents that State Farm received pursuant to Judge Acker’s July 1, 2008 order.

This request now consists of nothing more than whatever discrete set of documents State Farm in fact received. Accordingly, State Farm can no longer argue regarding the scope of the request.

More than just courage, this “opposite direction” demonstrates the confidence the Rigsbys new counsel have in the merits of the qui tam claim. Continue reading “Relators file Reply re: State Farm's opposition to release of documents for discovery”

The Clarion Ledger Nails it Again for the Slabbed and the Coast

As long as Jim writes them we’ll be linking them as our friends in central Mississippi show us they not only get it but also care.

Three years ago today, Mississippi was a far cry from what it is today – with many scars and, hopefully, some lessons learned When Hurricane Katrina slammed into the Mississippi Gulf Coast bearing a massive tidal surge and 125-mph winds on Aug. 29, 2005, the refrain had always been that nothing could be as bad as Camille.

Camille, which struck Aug. 17, 1969, was the benchmark by which all other American hurricanes were measured. Although not as powerful at landfall as Camille – one of only three Category 5 storms ever to hit U.S. shores – Katrina set a new benchmark.

Katrina’s 35-mile-wide eye, with hurricane winds extending 125 miles from the center, engulfed a much wider area from Alabama to Louisiana, and sustained impact 100 miles inland. Two-thirds of Mississippi was declared a disaster. It’s destruction far surpassed Camille’s $11 billion in today’s dollars, up to $81.2 billion so far. Continue reading “The Clarion Ledger Nails it Again for the Slabbed and the Coast”

Breaking: Walker sets limits on deposition of Rigsby sisters in text only order

It’s taken some time – too much IMO – but we’re starting to see the level playing field of true justice surface in McIntosh.

In a text only order, Judge Walker set limits on next week’s deposition of the Rigsby sisters – if the shock of being granted this measure of respect doesn’t render the sisters speechless, each will answer question for a total of 2.5 hours when depositions are taken next week.

State Farm remains limited to the narrowly defined one-hour Walker previously ordered.  His text only Order granting in part and denying in part Renfroe’s Motion to Compel depositions of Cori Rigsby and Kerri Rigsby gives Renfroe little more:

E.A. Renfroe & Company, Inc. shall be allowed one and one-half hours to depose each of the Rigsbys.

Questioning shall be as to areas not covered in prior depositions, although questioning as to areas previously covered shall be allowed if new information and/or documents have surfaced.

There’s a lesson here that should not be lost. Who has something to hide, the Rigsby sisters or the duet of Renfroe-State Farm?

…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.

Renfroe opposes any suggestion that the Relators should be given leave of court to conduct expedited discovery from any party at this stage of the litigation…which is clearly improper as shown in State Farm’s response.

What’s to hide? What and who do the duet want to remain “undiscovered” before Judge Senter considers the dispositive motions that could keep evidence hidden forever?  Maybe Dana and Tammy – the friends [sic] of Continue reading “Breaking: Walker sets limits on deposition of Rigsby sisters in text only order”

Fit for the King – a personal perspective on Qui Tam

A prize-winning photograph it is not; but, I love the way this snapshot links the many chapters of the Katrina story including this personal perspective on qui tam.

An abbreviation, qui tam translates to [he] who sues for the King and himself.  In our country, King represents the government.  However, ours is a government of, by and for the people. We the people are King; and, our homes – humble, grand, or Katrina cottage – our castles.

The proper title of the Katrina qui tam case would be Nowdy, Sop, Belle… ex rel Rigsby. Of course,  it would have to include another 300 million plus names and that’s just not possible.  Consequently, we the people are presented by the single name USA.

One and all, Cori and Kerri included, we are kings with a Constitutional right to own property once reserved for royalty.  However, when Katrina washed away the evidence of wind damage to many of our castles, they copied the only evidence that remained and have lived with allegations it was stolen thereafter. Continue reading “Fit for the King – a personal perspective on Qui Tam”

Remembering Katrina: A First Responders Tribute

Cottonboy tells his story the best.

Being a victim of the hurricane my self it really means alot to know my Anchor, Jesus Christ, is still holding now and is a firm foundation. We was out of power for almost 2-3 weeks, no water for about 10 days. Being a firefighter we was cutting trees, passing out bags of ice, cases of water, and also MREs. Made me really stop and think I had nothing but what I had to give I did and that was myself.

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Remembering Katrina

I’m not around this morning as I now make a habit of spending some quiet time in reflection on August 29th. I don’t have to be close to post though and so I put a couple in the can to appear at various points in time this morning.

Let’s start with Mississippi’s own Elvis Presley as we remember those who didn’t make it on August 29th 2005. I personally knew two.

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