Yoo-hoo! Rigsbys Respond to Judge Senter and introduce the neighbors

In his Order concerning discovery prior to hearing on consolidated motions, Judge Senter noted:

In their responsive pleadings [264], the Relators assert that they are unduly limited in the evidence they can present because they do not have possession of the McIntosh claims file. The Relators have identified four sets of claims file documents they wish to obtain in order to present their side of this controversy: 1) all damage estimates State Farm made for the McIntosh property; 2) a full copy of the transaction logs on the McIntosh claims; 3) digital photographs of the damage to the McIntosh residence; and 4) correspondence related to Forensic Analysis Engineering Corporation’s assessment of the damage to the McIntosh property.

In addition to these documents, the Relators have identified seven witnesses whom they wish to depose before the start of the hearing: 1) Alexis King; 2) Brian Ford; 3) John Kelly; 4) Mike Church; 5) Craig Robertson; 6) Ron Muchk; and 7) Linda Muchk.

The relevance of the information these four witnesses possess is apparent; they were direct participants in the adjustment and payment of the McIntosh flood claim or witnesses who purport to have knowledge of the storm forces that damaged the McIntosh property. The role of the other three individuals the Relators have identified and the relevant knowledge they have is not readily apparent in the record.

The Rigsbys were required to submit a concise summary of their reasons for wanting to dispose the three individuals on their list whose relevance wasn’t apparent to Judge Senter by noon today – the Relators’ Summary of Reasons for Discovery follows:

In its March 20, 2009 Order, docket entry [266], this Court asked for a concise summary of the Relators’ reasons for wishing to depose Mike Church, Ron Muchk (or Mucha) and Linda Muchk (or Mucha). (Relators understand that the proper spelling of the couple’s name may be “Mucha,” rather than “Muchk.”) All of those individuals are eye witnesses to the damage caused to the McIntosh home during Hurricane Katrina:  (emphasis added)

Mike Church is cited in Brian Ford’s October 12, 2005 engineering report as“report[ing] that houses were blown apart and debris was thrown into the McIntosh house at approximately 8 AM and floodwater began rising at 11 AM.” See Relators’ Consolidated Pre-Hearing Response to All Dispositive Motions…at Exhibit 1, Affidavit of Benjamin R. Davidson dated March 12, 2009, and Tab B

Ron and Linda Muchk (or Mucha) are cited in the expert report Dr. Ralph Sinno prepared for McIntosh v. State Farm as next-door neighbors of the McIntoshes who provided eye witness accounts that “confirm wide spread structural failures before the water surge” and “describe intense winds on the early morning of August 29.” McIntosh v. State Farm Fire and Cas. Co.,1:06-cv-1080, docket no. [811], Exhibit 3…

Relators respectfully request permission to take the depositions of the seven witnesses identified in the affidavit of Benjamin R. Davidson in support of the Relators’ consolidated pre-hearing response to all dispositive motions, docket entry… as well as the additional discovery requested therein that relates to the McIntosh home.

No frills, no argument – just the concise summary Judge Senter requested. You-hoo!

13 thoughts on “Yoo-hoo! Rigsbys Respond to Judge Senter and introduce the neighbors”

  1. Gee Nowdy all the lawyers that blog on this said this case was done. Any idea exactly what it was they were missing besides the facts? LMAO.


  2. Looks as if I should pour you a cup of fresh coffee before our “blogging lawyers” wake up.

    Just kidding. I do understand your LMAO and am sure they will, too. Anyone who thinks whistleblowers “steal” evidence is pretty funny.

  3. Weren’t we saying way back then, wait until they can get to discovery and get out from under all deflection of the Scruggs drama. It looks like we’re finally there!

  4. Yep. When it comes out exactly how close that bunch came to actually poisoning the well there will be some jugheads a-hangin’ too Belle.


  5. I guess Rossie is going to go on another hiatus rather than report these developments to his readers (if he has any left).

  6. Excuse the cut and paste. I liked my post so much I decided to put it over here.

    Re: Price fixing and collusion in the insurance industry 27-Mar-09 11:37 pm Yep Gar’s a punk. He was last seen over at Rossie’s house of denial. Over there the AIG meltdown never happened and insurance is over regulated.

    Gar didn’t see the fall of AIG and Rossie didn’t see the fall of himself.

    Rossie is a zombie poster sent back from the grave to attack those who dare tell the government that there is a lack of oversight and regulation in the insurance industry. First hint for Rossie that there may be a lack of governmental controls is —AIG—. Thanks for bringing back these issues and giving them a rear view mirror job. Later2

  7. This one goes out to the Rossie—

    “Now, as many of you know, in the course of my work I represent both policyholders and insurance companies, so I really don’t have a dog in the fight (apologies to Michael Vick, I know the metaphor might be a touchy subject), and I have no particular ideology when it comes to insurance…”
    David Rossmiller 3-6-09


  8. If you think that’s funny look at the orginal claims manual for State Farm and Allstate. Their switch from Good Hands to Boxing Gloves was not developed on original work by Mckinsey. No its origins are much older. Were he alive the developer might have a good copyright enfringement lawsuit on his hands.


  9. Who wudda thunk it Belle? A member of the Lexis-Nexis Insurance Law Center advisory board had no clue about the interrelation of Kodrin to the other cases here or any idea of how those arguments were heard or why. The man’s ignorance was simply stunning.

    I think Rossie’s partners at Dunn Carney have him writing a blog for State Farm instead of taking cases into the courtroom for a reason. I know this any consumer looking for legal help that walks through their doors has rocks in their head. That bunch is stricly about the corporate money train.


  10. I’ll add Rossie certainly knew a thing or two about dishonest lawyering when he blogged on Scruggs as one of his name partners in his firm was suspended for double dealing against his own client.

    I personally don’t care if he continues to blog on the Katrina litigation, he has beclowned himself to the point where he has no credibility left in this area.


  11. I like your choice of the word—beclowned.
    From the new urban dictionary


    1. Verb. To make a complete idiot of oneself in public. To behave or speak in such a way, or to make a comment or express an opinion that is so profoundly witless, senseless and obtuse, that you have forever after defined yourself as a person of comical value only. Never to be taken seriously again. Of worth only as an object of ridicule and derision.

    American academic, Paul Carlos, recently beclowned himself by claiming, in effect, that nations that sought to defend themselves from terrorist attacks by killing those responsible for planning the attacks or building weapons for the attacks, including nuclear weapons, were gulty of murder. Former Reagan staffer Doug Bandow has also beclowned himself by claiming that the Bali terrorist bombing was in response to Australia’s Iraq involvement. Even though the Bali bombing was before the Iraq war.

    2. To argue loudly about things one does not understand.

    Bandow has previously beclowned himself on matters Australian.
    Paul Campos has beclowned himself.

  12. One thing that has struck as being very odd is that no criminal prosecution of Lecky King or other State Farm principals has taken place? Why? Regardless of whether the Rigby sisters legally obtained the documents I have not read one article wherein State Farm disavows the documents authenticity or content.

    Why is the U.S. Justice Department so silent?

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