SLABBED Daily – April 30 (update:Rigsby qui tam, MRGO)

I could offer the reason this second evening edition of the SLABBED Daily is that I was waiting on Judge Senter’s bit of housekeeping news:

TEXT ONLY ORDER finding as moot Defendant Exponent, Inc.’s  Motion to Dismiss; finding as moot Defendant Jade Engineering’s  Motion to Dismiss for Lack of Jurisdiction; and finding as moot Defendant Jade Engineering’s Motion to Dismiss. These motions are rendered moot in light of the Court’s  order dismissing these two defendants, among others. NO FURTHER WRITTEN ORDER SHALL ISSUE.

The truth, I’m sorry to say, is that I just got so caught up in MRGO that I forgot!  I don’t expect the qui tam lawyers to forget about the two events noticed yesterday – their upcoming deposition of Lecky King on May 5 and Jack Ford’s the following day.

However, according to the Notice of Supplemental Production also on the Docket yesterday, State Farm had a little trouble remembering important things, too.

State Farm has so far been unable to confirm to its satisfaction whether exhibit 7 to the April 30 and May 1, 2007 Cori and Kerri Rigsby deposition transcripts in McIntosh is still subject to restrictions. For that reason, out of abundance of caution, Exhibit 7 to those depositions is not being produced at this time.

Otherwise, the included a list of 16 items produced and delivered to the attorneys for the Rigsby sisters and this snark:

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 by them of any stolen evidence. State Farm does not waive the protections provided by prior Orders of this Court in Thomas C. McIntosh and Pamela McIntosh v. State Farm Fire & Casualty Co., et al.; in the United States District Court for the Southern District of Mississippi, Southern Division, no. 1:06cv1080-LTS-RHW and in this Action. State Farm further does not stipulate to the authenticity or admissibility of any materials produced in connection with this Notice.

I do hope the Rigsby sisters are counting every time State Farm uses the words “stolen evidence” – although, in this case their use of the term is probably because they were chagrined to learn the Renfroes and Rigsby sisters met Judge Acker’s deadline and entered a Joint Motion to Substitute a Stipulated Final Judgment

The Permanent Injunction is modified to allow Plaintiff to dispose of its two sets of the official Bates labeled returned “enjoined” documents and to ratify the destruction, pursuant to their Settlement Agreement, of the Defendants’ set of the official Bates labeled returned “enjoined” documents, as well as all copies of “enjoined” documents from Cori Rigsby’s “crashed” hard
drive.

The Permanent Injunction is further modified as follows: The documents and other items currently held by the Court shall continue to be held by the Court until the conclusion of United States ex reI. Rigsby v. State Farm Mutual Insurance Company, et aI…filed in the United States District Court for the Southern District of Mississippi, Southern Division (hereinafter the “Qui Tam Suit”). At the conclusion of the Qui Tam Suit, the Court will destroy those documents and other items.

Next up, still no word on the USA’s request for a ruling on the disqualification of certain counsel but Plaintiffs wrap up their case in MRGO trial is in the on-line Sun Herald. (h/t Editilla)

Plaintiffs in a pivotal lawsuit against the Army Corps of Engineers over flooding during Hurricane Katrina wrapped up their case Thursday, capping nine days of testimony at a federal trial…The trial could last two more weeks as the Corps of Engineers makes its case…

The highlight of the story is the so-Louisiana testimony of the Plaintiffs’ last witness:

The last witness for the plaintiffs was Henry “Junior” Rodriguez Jr., a longtime and provocative St. Bernard Parish politician. Rodriguez was the president of St. Bernard Parish when Katrina hit Louisiana on Aug. 29, 2005, killing more than 1,500 people.

Before stepping down from the witness box, U.S. District Judge Stanwood Duval Jr. allowed Rodriguez to make a final statement. And the politician – a looming figure with his black and brown cowboy garb, big belt buckles, walking cane and blunt language – spoke with emotion.

“What it took Mother Nature to put together in 1,000 years, the corps destroyed it in 40 years,” Rodriguez said, referring to the channel’s destruction of marsh and swamp forest.

“I’ll be totally honest with you,” Rodriguez said. “I think, today, that the corps and the steamboat association should be indicted for murder. That’s how I feel about the whole thing.”

“Thank you, sir,” Duval said.

There you have today’s SLABBED Daily – a little late in the day but with Mr. Rodriquez delivering.

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