Round 3: Rebuttal briefs filed in Rigsby qui tam – shhh, this one is a secret

State Farm’s  “dickin’ around” to make a “Scruggs sideshow” out of the Rigsbys’ qui tam case reached a new low when the Company moved to declassify the deposition testimony of The Rendon Group (TRG) CEO John Rendon — but, as SLABBED reported, TRG hired Jackson attorney Frank Trapp to call the good neighbor’s “dickin’ around” hand (and, yes, I meant to imply State Farm’s  Motion to Dismiss for alleged seal violations was self-stimulation).

That said, State Farm must have really gotten off when it filed a sealed rebuttal to the Rigsbys’ Response after Frank Who – a cousin of Olivia Manning and former all SEC linebacker – hit the Company with a Motion to Intervene opposing the good neighbor’s Motion to Declassify Rendon’s testimony.

The docket also provides proof of State Farm’s false claim about the Court’s earlier Order denying the Company’s motion to dismiss for alleged public disclosures in violation of the qui tam seal: Continue reading “Round 3: Rebuttal briefs filed in Rigsby qui tam – shhh, this one is a secret”

What a catch! The Rendon Group lands Frank Trapp, files Motion to Intervene in Rigsby qui tam

A notice of appearance filed by Jackson attorney Frank Trapp representing The Rendon Group leads the new “news” on the docket for ex rel Rigsby v State Farm.  Trapp,  known to long-time SLABBED readers as the attorney who represented Sid Backstrom in USA v Scruggs, is a much admired Jackson lawyera catch for Rendon well worth the wait.

Of course, if not for State Farm’s continued “dickin’ around” about the seal and related attempt to remove the Court’s protection from certain deposition testimony, The Rendon Group would have no need for local counsel:

On July 29, 2010 and August 2, 2010, State Farm deposed The Rendon Group, Inc. (“TRG”). ([698] at 1.) During the course of that Rule 30(b)(6) deposition, counsel for TRG invoked this Court’s [406] Consent Protective Order and designated certain portions of TRG’s testimony by John Rendon as “Protected Information,” subjecting it to heavy restrictions with respect to use and disclosure. See ([406] Consent Prot. Order at ¶3) (describing restrictions on Protected Information).

However, the good neighbor apparently just can’t zip it up and, as a result, Trapp filed a Motion to Intervene on Rendon’s behalf:

State Farm’s motions raise two important issues affecting TRG’s interests:

(a) First, the excerpts from the Rendon deposition to be filed in support of State Farm’s pending Motion to Dismiss contain very substantial testimony that has no bearing whatever on the one issue involving TRG that State Farm raised in its motion: whether the Rigsbys violated the seal order by communicating information about this litigation to TRG, or through TRG to the media. Instead, State Farm has submitted deposition testimony that has no relationship whatever to potential seal violations, and that relates in many instances to matters that only occurred after the seal order was vacated on August 1, 2007. Continue reading “What a catch! The Rendon Group lands Frank Trapp, files Motion to Intervene in Rigsby qui tam”

Like a game of 20 questions – the Warr Indictment

The popular guessing game, Twenty Questions, encourages creativity and deductive reasoning – and so does the indictment of Gulfport Mayor Brent Warr and his wife, Laura.

Under the circumstances, playing a guessing game with the USA doesn’t sound like a barrel of fun – nor does the need to guess exactly what the governments claims you’ve done qualify as any known form of justice.

Consequently, attorney Joe Sam Owen, counsel for Brent Warr, filed a Motion for Bill of Particulars.

Under Rule 7(f) of the Federal Rules of Criminal Procedure, the Court may direct the filling of a Bill of Particulars when necessary to prevent unfair surprise at trial. The Defendant joins herein his argument of law in accordance with U. S. v. Linn, 889 F.2d 1369 (5th Cir. 1988 ) which supports this Motion that the Bill of Particulars is necessary to aid in the preparation of the defense to Counts 13 – 16.

Owen understands games.  In fact, he played one rather well, as did Jackson attorney Frank Trapp, newly enrolled counsel for Mrs. Warr; but, that was 40 years and a hotty-toddy ago for these two former Ole Miss Rebels.  Trapp set the 1968 season record for tackles with more assists than than Patrick Willis (2005); and, true to form, he filed a Joinder to Gregory Brent Warr’s Motion for Bill of Particulars today.

The Warr’s request is not at all unreasonable.  After all, counts 13-16 of the Government’s indictment, the subject of the motion, are related to the Warr’s homeowner’s policy, a personal contractual relationship with a privately owned business – Lexington Insurance, a subsidiary of bailout beneficiary AIG. Continue reading “Like a game of 20 questions – the Warr Indictment”

Mississippi’s just us justice – final

Patsy Brumfield of the Journal reports on today’s events in the just-us-justice system of Mississippi.

Timothy Balducci and Steven Patterson will do prison time, despite their cooperation into the infamous conspiracy to bribe Circuit Judge Henry Lackey of Calhoun City.

Their sentences were set today by Senior U.S. District Judge Neal Biggers Jr. today at the federal courthouse in Oxford.

• Balducci, formerly of New Albany, will serve 24 months in prison. Balducci was given no fine, because records showed he could not pay one.

• Patterson of New Albany will serve 24 months in prison. Patterson was also given a $150,000 fine.

Justice or just-us-justice?  It’s really hard for me to say –  not for lack of thought or thought-provoking comment from others here on the blog and off-blog as well.  However, there often is a difference between justice as commonly defined and the sometimes just-us-justice here – a difference that is one of the many that make Mississippi the “State of Paradox”.

We’ve birthed the blue; performed the first successful heart transplant: and, bottled the firt coca-cola – but even considering USA v Scruggs and all its implications, we are better people in a better place with a better legal system than that of our past. Some would disagree but none could argue the point with fact.

Lack of fact has never been a barrier for the low-literate but language-rich story-telling population of the “State of Paradox”.   Here, the direct descendants of the first Mr. Right (fn:Always) and his Mrs. (nee Promise you-won’t-tell-another-living-soul But) have informed and entertained  for generations. In doing so, these story-tellers have defined and devined how the outside world views Mississippi and distorted the outside world to those here.

Just-us-justice established the practice of  selective disgrace during a period in the history of the “State of Paradox” when it was not disgraceful for one man to own another – just doing business. As the then wealth of the State evolved into generational poverty, people began to trade on favor – a transaction that makes one man’s word another man’s bondage with the ever present threat of public disgrace from a legal flogging. Continue reading “Mississippi’s just us justice – final”