Katrina RICO case stayed until mid-December

This Minute Entry on the docket of Shows v State Farm speaks for itself.

Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephone Conference held on 10/14/2008. Participants: Bryan O. Blevins and H. Scott Spragins. The Court discussed the present status of the case with counsel and informed them that the case would be stayed until 12/19/2008. A telephonic status conference will be scheduled for that date also. (WG) (Entered: 10/14/2008)

State Farm revives "good neighbor" to file motion to extend scheduling calendar to assist opposing counsel and Ike victim Provost-Umphrey

Defendants, all of them, have no objections to the Court extending all deadlines by 30 days;

Texas geography isn’t my strong suit.  In fact, a day or so ago I spent the better part of an hour reading maps to make certain the Bolivar Peninsula was in Galvaston County – wondering the entire time; and, wonder if they’d been in Ike’s path.

After reading this motion, filed by State Farm attorney H. Scot Spraggins of Oxford in Shows v State Farm, the Katrina RICO case, I had an answer.

1)Plaintiffs’ counsel’s primary office is located in Beaumont, Texas;

2) Beaumont and the surrounding areas has recently been affected by Hurricane Ike, leaving Plaintiffs’ counsel’s law office damaged and without power;

3) The homes of many attorneys and staff members were also damaged;

4) Currently, Plaintiffs’ counsel do not know when power will be restored at their office, or when repairs to the office and homes will be completed; Continue reading “State Farm revives "good neighbor" to file motion to extend scheduling calendar to assist opposing counsel and Ike victim Provost-Umphrey”

State Farm revives “good neighbor” to file motion to extend scheduling calendar to assist opposing counsel and Ike victim Provost-Umphrey

Defendants, all of them, have no objections to the Court extending all deadlines by 30 days;

Texas geography isn’t my strong suit.  In fact, a day or so ago I spent the better part of an hour reading maps to make certain the Bolivar Peninsula was in Galvaston County – wondering the entire time; and, wonder if they’d been in Ike’s path.

After reading this motion, filed by State Farm attorney H. Scot Spraggins of Oxford in Shows v State Farm, the Katrina RICO case, I had an answer.

1)Plaintiffs’ counsel’s primary office is located in Beaumont, Texas;

2) Beaumont and the surrounding areas has recently been affected by Hurricane Ike, leaving Plaintiffs’ counsel’s law office damaged and without power;

3) The homes of many attorneys and staff members were also damaged;

4) Currently, Plaintiffs’ counsel do not know when power will be restored at their office, or when repairs to the office and homes will be completed; Continue reading “State Farm revives “good neighbor” to file motion to extend scheduling calendar to assist opposing counsel and Ike victim Provost-Umphrey”

Can a signed MDI Mediation Agreement prevent a policyholder from later filing under RICO?

Where did I get such a question? Well, after I read Sop’s recent post with a reference to the Order and Opinion in Boyd v State Farm et al issued last week by Judge Senter, the question came to mind. Ordinarily, reading the Opinion would – and should – have answered my question.

However, Judge Senter’s Opinion does not address the Statue of Limitations governing RICO and the Katrina RICO case was filed on June 20,2007 – the same day the Boyd complaint and approximately 200 nearly identical complaints were filed. However, the date on the Mediation Agreement signed by Boyd was July 19, 2006, almost a year earlier.

Judge Senter’s Opinion also does not address the potential confusion possible when the Q&A that MDI issued with the announcement of the Katrina Mediation Program failed to mention the finality of the Agreement.

Mediation is a non-adversarial, non-binding, alternative dispute resolution procedure designed to facilitate the resolution of claims as fairly and quickly as possible. During the mediation Continue reading “Can a signed MDI Mediation Agreement prevent a policyholder from later filing under RICO?”

O-U-T spells out goes you – State Farm responds to Provost Umphrey's interest in Rigsby Qui Tam

Hopefully bellesouth and/or Sop have fresher eyes than mine and can add to my few comments about State Farm’s response in opposition to Provost Umphrey’s Motion for Leave to discuss representation of their qui tam case with the Rigsby siters. h/t Y’all.

Unlike the various motions to disqualify, this one has a reasoned argument and I expect the Reply from Provost Umphrey to do likewise. Consequently, I’m going to hold my opinion until I have the opportunity to compare arguments on the key points.

Provost Umphrey’s Motion for Leave should be denied for two central reasons: Continue reading “O-U-T spells out goes you – State Farm responds to Provost Umphrey's interest in Rigsby Qui Tam”

Shows files motion for amended RICO complaint – Part 3 Complaint against E.A. Renfroe

This narrative account of E.A. Renfroe’s misconduct and basis of liability is taken directly from the RICO statement amended and submitted by Provost Umphrey – and represents only one side of the legal argument detailed in Part 1 of the series.

Renfroe participated in the day-to-day adjustment of claims and assisted and counseled with Lecky King and State Farm in furtherance of the scheme. Renfroe adjusted a number of the named Plaintiffs’ claims according to the purpose of the scheme and to effectuate a coverage denial based on the policy exclusion for water damage, as well as to create a biased record for later coerced settlements or litigation proceedings.

In adjusting claims pursuant to Lecky King and State Farm’s directives and the mutually agreed upon Enterprise plan, Renfroe ordered contrived engineering inspections and, as the “client” of Forensic and recipient/addressee of the reports, Renfroe knowingly utilized the false reports in divesting the Plaintiffs of coverage benefits through informal settlement negotiations, or as part of the Insurance Commissioner’s mediation program. Continue reading “Shows files motion for amended RICO complaint – Part 3 Complaint against E.A. Renfroe”

State Farm grabs the torch back and burns Provost-Umphrey

You give credit where credit is due and the hands-down winner of the Most Believable Motion by State Farm Attorney contest is H. Scott Spraggings of the Oxford firm Hickman, Goza, and Spraggins for his Motion to Disqualify Provost-Umphrey.

He probably won’t accept the grand prize – a picture of the Qui Tam attorneys with the message “Thank you, Scott” inscribed and signed by Tony Dewitt.

Spraggins built his mansion of a motion without reference to the sand of the two assumptions Judge Senter accepted as fact in deciding to disqualify the Qui Tam attorneys – and, in doing so, provides compelling evidence of the lack of due process in the premises underlying Senter’s decision to disqualify the two Missouri firms. Continue reading “State Farm grabs the torch back and burns Provost-Umphrey”

State Farm hands the torch to Renfroe – Senter asked to disqualify Provost-Umphrey UPDATED

Renfroe must have drawn the short straw when the gang got together to celebrate Judge Senter’s disqualification of the Qui Tam attorneys – and now they have filed a motion and memorandum seeking to disqualify Provost-Umphrey, the Texas firm selected by 200 or so plaintiffs formerly represent by KLG.

I suppose when you see a Judge base an order on assumptions, you assume he’ll do it again. Anita Lee has the story. Continue reading “State Farm hands the torch to Renfroe – Senter asked to disqualify Provost-Umphrey UPDATED”

Fisher to reel in Shows v State Farm

A Notice of Appearance and Designation of Lead Counsel was filed in Shows v State Farm today.

Plaintiffs – Glenda Shows and 13 other former clients of the disqualified Katrina Litigation Group – have retained the Beaumont-based firm of Provost-Umphrey and designated Guy Fisher as Lead Counsel.

h/t bellesouth