Breaking News – Judge Walker Orders order in Rigsby qui tam!

Judge Walker beat me to the punch with Orders on two of the events I’d just woven into a soon-to-be-published update on the Rigsby qui tam case:  State Farm’s and Non-Party Witness Mark Drain’s Motion to Quash the Deposition Subpoena to Kenneth Mark Drain; and, the Company’s most disgusting motion to date State Farm’s Motion to Compel Patricia Lobrano to Comply with Subpoena Duces Tecum.

A quick bit of background for those who are new to Katrina litigation:  Pat Lobrano is the mother of the whistleblowing Rigsby sisters and Dick Scruggs represented Dr. and Mrs. Lobrano in the litigation of their State Farm homeowner’s claim.

Frankly, State Farm is hoping the cottonwoods that whispered the scripted response for Tammy Hardison to repeat in her deposition will come through again.  However, those who took the time to actually read the transcript of Hardison’s performance clearly  hear Tammy echo “the ole hooty-owl hooty-hoos” and wonder just which “whippoorwill” put her in the position where she can’t let go!

The Relators step up for their mother in a Response in Opposition that begins by stating “State Farm greatly exaggerates the parties’ dispute as to Ms. Lobrano’s subpoena”:

As Ms. Lobrano’s original objections and her recent deposition testimony confirm, there simply are no responsive materials to the vast majority of State Farm’s requests.

State Farm threw 90-pages of s#%$ on the wall to see if any would stick; but, Judge Walker wasn’t fooled and, IMO, did  a masterful job on his Order :

The question presented by this motion is the extent to which Lobrano possesses relevant and discoverable documents and whether Lobrano should be compelled to attend a follow-up deposition…

The Court finds that State Farm is entitled to any documents reflecting communications with the Rigsbys regarding the McIntosh property, Lobrano’s own claim, or the  subject matter of the instant lawsuit. The discovery is limited in scope to the time prior to the McIntosh claim being closed. If there are no responsive documents in her possession or control, then Lobrano is directed to execute an affidavit stating such.

The Reader’s Digest version is Walker appears to be making a real effort to support Judge Senter’s decision for a trial limited to the merits of the Rigsbys’ claim.

More on this Order will follow in the Rigsby update I’ve sloooowly been putting together this past week; but, for now, let’s move on to the Rigsby’s Opposition to State Farm’s attempted “quashing” of the Mark Drain deposition subpoena: Continue reading “Breaking News – Judge Walker Orders order in Rigsby qui tam!”