Update May 15th
Judge has granted AEG’s Motion to delay the trial, which is now set for 2nd April, 2013.
AEG claims there is good cause to delay as the discovery in not complete, In regards to Mrs. Jackson answered to their questions, AEG say Mrs. Jackson only sent them 137 pages with partially answered questions.
AEG claim they need more time to file the win on a summary judgment they need both point out the evidence Mrs. Jackson does not have and Mrs. Jackson cannot obtain evidence to support her claim. AEG claim they need more time to gather evidence about Michaels “Lengthy history of drug abuse”
AEG blames Mrs. Jackson attorneys for the delay saying that they did not yet receive any substantial answers to their questions; They state they only got partial answers.
AEG also claims that the delay on Mrs Jacksons part resulted in more delays. AEG is adding people to be deposed based on Mrs. Jackson depositions, such as people from the Carolwood residence, persons with knowledge about Michaels finances etc.,. Ad Mrs. Jackson’s depositions started late and still ongoing tis information is still coming in.
AEG claim they could not get the basic facts, the expert discovery has not even started.
AEG claim as the discovery goes on they have learnt more stuff that weakens Mrs. Jacksons lawsuit. For example they mentions that the responses confirm that Murray was a long-time personal physical of Michaels, which contradicts the claim in the lawsuit, which states AEG selected Murray.
AEG even cite the responses sent for Prince, Paris and Blanket in which they said they saw Murray
In Las Vegas before the family relocated to LA in 2009.
AEG claims from Mrs. Jacksons depositions it’s obvious that she has no knowledge about Michael relationship with AEG or Murray.
AEG claims depositions of Mrs Jackson, Tito and Rebbie confirmed “decades long history of severe substance abuse including an addiction to prescription painkillers and repeated interventions”
AEG claims this is contradictory to the claim AEG somehow forced Michael to receive dangerous medications from Murray.
AEG claims that they believe the further discover will undermine Mrs. Jacksons case a lot more.
As for Michaels Propofol history AEG argues although Mrs. Jacksons lawsuit claims aEG coerced Michael into taking Propofol, there is evidence to show that Michael used Propofol long before AEG came into the picture. They cite evidence of Propofol use up to 20 years earlier, Neil Ratner and doctors that came forward and said Michael asked them for Propofol, such as Susan Etok and Cheryln Lee, Arnold Klein and Allan Metzger.
AEG claims this information is essential for their defense and that’s why they are seeking Mihcael medical information.
Michael Jacksons Estate Executor objected based on privilege privacy, In December 201, the judge ordered MJ Estate to turn medical documents, Most of its limited in the last three years.
AEG claims that Mrs Jackson lawyers first agreed to confidentiality then revoke tier agreement; this is what is holding up medical records
AEG claims that they did not delay the process. They sent 30,000 pages of documents to Mrs. Jackson’s attorneys and more will be sent within the next 3 weeks.
Before April 2011, Mrs. Jackson lawyers only sent two depositions to Gongaware and Phillips while the Murray trial was on going. AEG say the rejected the depositions request during the Murray trial because they were witness in the Murray trail. But sent dates in January 2012. Mrs. Jacksons attorneys rejected January saying the would not depose them until they get the discovery from AEG.
Currently Gongaware will be deposed next week, May 21 to 25th, and Phillips will be deposed the following week.
In April 2012 Mrs. Jackson lawyers sent deposition request to 12 people, mostly AEG employees, Some names mentioned are Beckerman, Roth and Fikre, They will be deposed in June 2012.
Previously Mrs. Jackson attorneys argued abusive questions at depositions, such as asking Tito about alimony payments, AEG lawyers claim that those questions are not abusive: its relevant to the issues at hand including showing witness credibility.
AEG cites sections of the law that a case of health care negligence should be set no sooner than 6 months. They claim the rule is the main rule and not the age of the defendant. They argue that even though Blanket is 10 years old as Murray is a health care provider the “at least 6 months” rule should apply. AEG states that means the trial can be anytime from November 2012 to April 2013.
AEG sent 43 depositions and 85 document request5.
Total depositions is 62, 19 by Mrs. Jackson attorney and total documents request is 93, 8 by Mrs. Jackson attorneys.
Two depositions have been completed, which are Tito and Rebbie ,
Mrs. Jacksons deposition is classed as “not finished.”
AEG are still waiting for 69 documents request, 31 of these are medical records.
AEG claims the depositions of Klein will not be proceeding, Taunya Zilkie and Debbie Rowe depositions are proceeding.
AEG has included parts of mrs Jackson and Rebbies depositions. Its stated that Tito’s is marked as confidential, exact quotes are not mentioned.
Mrs Jackson from parts shown. Says she didn’t believe Michael abused prescription drugs, she says some of her children talked to her about Michaels problems and wanted to intervene and asked her to come as she would be influential, She says they went to Neverland Ranch.
Mrs. Jackson was asked many questions about financial support, Michael provided. She replied Michael would leave around $1 millions wither accountant Marshall Gelfand before he goes to tour. Michael account would gve a check to Mrs. Jackson whenever she needed some money.
Mrs. Jackson says Michaels left for Bahrain he put $500,000 into Graces bank account and Mrs. Jackson was given access to that bank account. Mrs. Jackson says this was the only money she got from Michael in that time period, Janet also supported her. When Michael came to LA n 2009 he gave her $20,000 or more several time, she does not remember the total.
Mrs. Jackson replied Alejandra and her kids, Trent lived with her at that time.
Mrs. Jackson says once she paid some expenses to Mr. Jackson, in the past Michael office also supported Mr. Jackson.
Mrs Jackson states first time she met Randy Phillips was in May 2009 meeting, she does not know Gongaware or Leiwake, Michel did not talk to her about any of the men or AEG, or TII tour.
Mrs. Jackson had never met Murray, Michael had never discussed him with her.
Rebbie mentions 3 interventions, Neverland Ranch, New York and Las Vegas. There was another she was not a present for.
Rebbie details the intervention at Neverland. She says the security did not want to let them in unannounced, so she got out the car and opened the gates.
Rebbie says that Michael told them he was okay and he already had a doctor that was helping him with any issues.
Rebbie says she did not believe Michael.
When asked if Michael was upset, Rebbie replied even if Michael was upset he would not have shown it
May 14th update
Katherine’s lawyers has just filed objection to AEG’s ex-parte request to delay the trial dates. From the objection document we learn that: – AEG is asking for a 6 month delay – to continue the trial date to March 10, 2013. -One of AEG’s reasons to ask for delay is as they only got substantial information to their requests on April 23 and therefore will not be ready to review them by the summary judgement date. – AEG states only two depositions of Michael’s siblings have been completed. One of them is Tito. –
– Mrs Jackson’ also has been deposed for 3 days and her deposition is mentioned as “not finished”.
– Mrs Jackson’s lawyers argue that AEG has until August 13 discovery cut off date to depose anyone and ongoing depositions do not warrant a delay in trial dates.
– Opposition document includes mention of several depositions: Gongaware will be deposed by Katherine’s lawyers next week (between May 21 -25). Katherine’s lawyers also want to depose Dan Beckerman and Michael Roth from AEG. Deposition dates for Beckerman and Roth is still being discussed among the parties.
– AEG has 4 depositions set up for this week (between may 14- 18) as well. Those are Jermaine Jackson, Dr. Arnold Klein, Debbie Rowe and Trent Jackson.
– AEG lists Michael’s medical records as a reason for delay as well. After the Murray case was over and the court allowed Michael’s medical records, the documents show that Michael’s medical records is mainly limited to last 3 years (starting from June 25, 2006) and Estate lawyers (Weitzman’s office) is reviewing and redacting (irrelevant private information) medical documents before they send it out to the parties.
– AEG also states that the motion for protective order (ability to mark documents as confidential) has caused delays. AEG also states that expert discovery has not started.
Mrs Jackson’s lawyers asks the court to deny AEG’s request to delay the trial dates. They also states that even if court agrees to delay the trial dates, court should keep the date to file summary judgement the same.
Mrs Jacksons lawyers cite California Code of Civil Procedure 36 (b), 36 (f) which states a party to a civil case who is under the age of 14 must be granted a trial date within 120 days unless the court finds the party does not have a substantial interest in the case as a whole. Katherine’s lawyers state that as Blanket is 10 years old, he fits to this requirement.
There’s a motion to compel hearing set for April 24 in Mrs Jackson’s – AEG lawsuit.
Before trial happens both sides send interrogatories – questions – to the other side to answer and request for documents . AEG is now claiming that Mrs Jackson is not answering their questions and they filed thousands of pages showing all the communications and asking the judge to order Mrs Jackson to answer AEG’s questions.
– April 2011 AEG sends the questions and document requests to Mrs Jackson, Prince, Paris and Blanket.
– After delays in November 2011 Mrs Jackson and the kids sends all objections to all questions asked. They did not answer any questions or provided any documents to AEG.
– All of the December & January is filled with back and forth communications with Mrs Jacksons’s and AEG’s lawyers to find a solution to the requests and not answering. They finally agree on mid-February to answer all the requests with minor modifications.
– Early February Mrs Jackson sends her initial answers but they are all the same answer copy pasted – which is in most instances just a repeat of the complaint.
– Mid- February deadline comes and AEG still does not receive the additional and all required answers and Mrs Jackson’s lawyers start to ask for indefinite extensions. AEG at that time says they cannot give indefinite extensions because they need to get the answers and prepare for the trial.
– AEG waits for Mid-March but they get no documents or no additional responses.
– AEG says they weren’t able to take depositions of the Jackson family members. Katherine was supposed to be deposed at March 1st but she didn’t show up for deposition. They also haven’t given a new date.
Therefore AEG is asking the judge to order Mrs Jackson to answer the questions and document requests.
From the documents we can see that the documents AEG is asking for includes
– anything about Michael’s health
– anything about the doctors
– anything about how success or failure of TII would affect Michael financially
– any documents or communications with Michael’s staff – Grace, Karen Faye, Kai Chase and the bodyguards are explicitly named.
– any documents about financial allowances or gifts Michael gave to Katherine and the rest of the Jacksons.
– any document about Katherine’s finances and assets
– all social media, internet accounts, blogs, emails used by Michael, Mrs Jackson, Michael’s kids and all Jacksons.
– anything about Michael’s diet, nutrition or eating disorders
– anything about Michael’s financial information as well as actual or potential bankruptcy
– any diary, journal, calendar etc kept by Michael.
– any autopsy reports
– documents about any mental health issues Michael suffered through his lifetime.
– any documents or communications about substance abuse, interventions , rehab
– any documents or communications about if Michael had consideration or propensity to commit suicide.
Questions asked to Katherine include
– Asking Katherine to explain the information she based her claims on
– how Katherine spent time with Michael between 04-09
– any communications Katherine had with Michael about his health , addiction, substance abuse, interventions and so on.
– communications with Michael between June 17 and June 24.
– Katherine’s impression about Michael’s health
– Michael’s finances
– any time Katherine saw Michael to take any medicine/ drug and any effects she saw
– any time Katherine saw Michael impaired or under the effects of drugs, alcohol such as slurred speech, bloodshot eyes
– explain any time Michael spent in rehab
– any talks Katherine had with Michael about TII
– explain items, objects, documents taken from Michael’s residences by Jacksons.
Questions sent to Prince, Paris and Blanket include
– asking them to identify all people that lived or worked in Carolwood from Jan 09 to June 09
– tell about any instances anyone talking / asking them about Michael’s health
– tell about any instances anyone talking / asking them about Michael’s addictions or mental health issues
– asking them to tell how they spent time with Michael including activities they did and typical conversations they had
– asking if they talked with Michael about his health and medicines he took
– asking them about their impression of Michael’s physical and mental health
– all interactions and communications from June 23 to June 25
– asking about when they first met Murray and asking them to tell when and where they saw Murray over the years.
– asking about all their interactions , communications with Murray
– asking if they witnessed Murray to give Michael medical treatment
– asking if they saw Michael to take any medicine and any effects they witnessed
– asking if they ever saw Michael impaired
– asking about any drugs or alcohol present in Carolwood
– any conversations they had with Michael about TII
– their impression about Michael’s physical and mental health
– asking about their interactions with Klein
– asking about any conversations they had about Michael with the Jacksons
Note: These requests for information and documents are done to gather information so that the parties can prepare for the trial. Just because a question is asked doesn’t mean it happened or that the person has any knowledge about it.
April 19 Update:
AEG has filed a response to Katherine’s lawyers objection documents.
In their objection documents Katherine’s lawyers stated that Katherine (and Prince, Paris and Blanket) would be sending their answers , document requests and Katherine would be deposed before April 24 hearing date. They argued that therefore AEG’s motion was unneeded and should be taken off calendar.
In this new set of documents we see that Katherine’s lawyers has also asked AEG if they would take their motion off calendar, AEG refuses to do it. This is their reasons :
– AEG states as of April 17, they did not receive anything from Katherine. AEG states they sent over 14,000 pages of documents to Katherine to this date.
– AEG states Katherine has been making promises but for a year she did not keep any of the promises. AEG states they simply do not know if she would keep her promises now. (AEG’s requests were sent April 2011, AEG states there have been agreed upon dates before but Katherine & her lawyers did not submit anything on those dates and kept asking extensions.) AEG says they will keep the motion active until they get what they are promised.
– AEG argues that the only reason that Katherine’s lawyers are making “we will submit the answers before April 24 hearing” promises or agreeing Katherine to be deposed is because AEG filed the motion to compel.
– AEG says if Katherine shows for her deposition as promised, their request to compel her deposition should be considered moot. If she again doesn’t show up despite the promises she must be compelled to sit down for a deposition within a week.
– AEG argues that Katherine is a vital witness in this case and her deposition / testimony is “essential to understand the scope and bases of her contentions in her complaint, to test her standing as a wrongful death plaintiff and to shed light on MJ’s long history of drug use”.
– AEG says with summary judgement deadline being in May 2012 and trial scheduled to start in September 2012 they can no longer wait for answers and they need them as quickly as possible.
– AEG says they have the right to know the “factual bases” of Katherine’s claims against them and if there’s no factual bases Katherine’s lawyers should say so.
– In their opposition Katherine’s lawyers had stated that they didn’t have the full body of evidence and they were uncovering evidence from the documents AEG sent them and AEG already has the records of their wrongdoing. AEG responds to this with “AEG is not asking plaintiffs to produce AEG Live’s own documents back to it. That would make no sense”. AEG says they are asking for the information, documents that Katherine has in her possession.
– AEG explains why Katherine’s answers to interrogatories is deficient. Katherine used 10 same reply to respond to 66 questions.
For example AEG says one question asks her “witnesses that was present at rehearsal on June that 18 that can confirm MJ was not himself at that day”. AEG states that Katherine’s answer does not reference June 18 or give any names of witnesses. (I cross checked her answer – Katherine mentions Ortega June 19 email in her answer and a brief mention of Karen Faye’s observations about Michael on month of June. It does not mention the events of June 18 or who was there or who would testify to it).
Documents also include an email series between the AEG and Katherine Jackson lawyers trying to set up deposition dates and so on. From the emails we see that:
– AEG sends a long list about deficiencies in Katherine’s answers and repeat that they need to know the factual bases and sources of facts of the claims in the complaint. The email also states that AEG suspects there’s none.
– AEG and Katherine’s lawyers discuss how long Katherine’s deposition will be. Katherine’s lawyers want it to be short. AEG argues that as Katherine is a vital witness the deposition can take hours / days.
– Tito Jackson has been deposed by AEG. Katherine’s lawyer complain that Tito was asked if he ever missed any alimony payments and whether his father (Joe) used any corporal punishment on him when he was a child. AEG lawyers state that they can explore any areas that might lead to discovery of admissible evidence.
– Taunya Zilkie was to be deposed last week. (Taunya is the ex-girlfriend of Randy Jackson, ran MJSource and management of Karen Faye)
– AEG is also trying to set up dates for Randy, Jermaine and Janet Jackson depositions.
(Note : Previous document mentioned AEG staff including Gongaware and Phillips would be deposed in May 2012).
Katherine’s lawyers write in one email AEG “wanted everyone to know after AEG wins summary judgement, this case will not be over”.
“summary judgement” seems like AEG will ask the case to be disposed without a trial.
“this case will not be over” seems to be a mention of lawsuit against Katherine and/ or her lawyers. AEG lawyer explains this as “AEG reserves their right to seek relief if it turns out Jacksons brought this case without any legal or factual basis”.
Update : April 17 , 2012
Not surprisingly Katherine Jackson’s lawyers have filed opposition documents to AEG’s motion asking the judge to order Katherine Jackson to answer interrogatories, document requests and deposition.
Main points :
– Katherine’s lawyers argue that AEG’s motion is unnecessary because Katherine already agreed to be deposed on April 17, 2012 (which was today).
– No one from AEG has been deposed to this date as well.
– Katherine (and Prince, Paris, Blanket) will submit supplemental responses to the interrogatories before April 24 (hearing date).
– Katherine (and Prince, Paris, Blanket) do not have any documents in regards to most of the requests and if they have anything they would provide them to AEG before April 24 (hearing date).
– Katherine’s lawyers argue that AEG cannot complain about the responses Katherine already sent them. (If you remember AEG argued that Katherine responded by sending the same answer copied pasted to multiple questions. AEG argues this is non-responsive.) Katherine’s lawyers argue that Katherine’s responses are proper and even objections can be sent as a response.
– Katherine’s lawyers state “just because AEG Live doesn’t like Mrs. Jackson’s response, it’s not entitled to a court order mandating that she change it”
– They state as some of the questions are about to find out Katherine’s legal theories in this case, objections to such questions saying that they are protected “work products” or “attorney-client privilege” is proper.
The document reads
“The plaintiffs (Katherine and PPB) did not, at the time of filling of the complaint nor currently possess the full body of evidence of this misconduct. Rather, plaintiffs suspected (correctly) that this evidence would emerge in discovery and indeed it has.”
Furthermore they state
“The most evidence of Defendants (AEG) wrongdoing is in Defendants (AEG) possession”
In other words Katherine’s lawyer say that they still do not have the full evidence but they are uncovering evidence from the documents / answers sent to them from AEG. They also argue that AEG have the answers / documents / evidence in their possession.
They cite some examples of this evidence.
– First is a June 2009 email from Gongaware which states ” We want to remind him (Murray) that it is AEG, not MJ who is paying his salary. We want him (Murray) to understand what is expected of him (Murray)”.
– It’s stated that Michael missed / did not attend rehearsals on June 13 based on Murray’s direction (which resulted in the above email). It’s alleged that the next day Gongaware called for a meeting with Murray asking him to explain why Michael missed a rehearsal. It’s stated that after AEG’s reminder (that they are paying Murray) and Murray’s job was to get Michael to rehearsals, Murray started creating a schedule for Michael so Michael would not miss rehearsals.
– There’s a mention that Gongaware and Phillips was advised on June 19 that Michael was a “basket case”. (no other details are provided)
– It’s also stated that on June 20 meeting Murray guaranteed he would resolve the situation with Michael missing the rehearsals.
– KJ’s lawyers argue that either implicitly or explicitly AEG was requiring Michael to treat with Murray and work with Murray to get to rehearsals.
– KJ’s lawyers also argue that AEG / Phillips has supervised Murray as he asked him to look into Klein’s treatment of Michael.
– The documents also state that Murray’s goal was not health and well-being of his patient MJ but Murray’s object was to ensure that Michael attended rehearsals as AEG wanted.
Tidbit : From the documents we also learned that Katherine’s lawyers served Paul Gongaware with a notice of videotaped deposition on September 28,2011 after he testified in Murray trial. AEG’s lawyers rejected the deposition request citing that Gongaware was still “subject to be recalled as witness” on the criminal trial.