Katherine Jackson vs AEG Live - Full Case History / Summary

[ivy]

Disclaimer: This summary is the copyrighted property of MJJC Ivy. Copying / translating this material is ONLY permitted by REQUEST. Contact Ivy for permission.

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September 2010

Original complaint

http://www.psblaw.com/articles/mj-complaint.pdf

According to the documents
- They are suing AEG organization and Randy Phillips, Kenny Ortega, Paul Gongaware (CEO) and Timothy Leiweke (President) as individuals.
- They are also leaving room to add more defendants as they identify them.
- Michael Jackson's estate is not a part of the lawsuit.
- It states that AEG controlled Michael's life.
- It also states that Murray was selected and hired by AEG.
- It says that AEG- Murray agreement was done on May 8 2009.
- Murray starts working with Michael on May 15, 2009
- Murray asks AEG for payment of May 2009 salary on May 28 2009.
- June 18 was "riot act" and "though love" - they asked Michael to stop seeing Klein, only take drug from Murray. Murray was told to make sure that Michael attends the rehearsals or they would pull the plug and got their advances from Michael's assets and Murray would be fired.
- Murray also instructed to attend to rehearsals with Michael - which he reportedly did according to the documents.
- According to the documents Murray's agreement started on May 1, 2009 and to continue till the end of concert series (11 months). It also says that AEG had the power to control, oversee Murray's services and to fire Murray if needed - Michael didn't have these powers.
- The lawsuit says that Michael showed negative effects from Murray's treatments on June 18,19,23 and 24.
- The defendants are being sued on the basis of breach of contract (that they needed to maintain Michael's best interest in mind but instead risked it), negligent hiring, supervising and training (didn't check Murray's background and didn't hire or stop his treatment when Michael showed negative effects) and fraud (acting like they were looking out for Michael's best interests but in reality making sure that he'll continue with the tour and AEG would profit)
- They are also stating emotional distress of Prince Michael.
- and of course asking for damages

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AEG wants the case dismissed


Summary

- Geez a strong start: AEG starts with saying the only thing that the complaint got right was that "MJ's death was tragic" , they refer everything else to be false.
- They say Katherine and the kids do not have standing and the only people that has standing is MJ's personal representatives (Branca and McClain) to make some of the claims (contract based, fraud etc).
- It states as KJ and kids has no personal representative standing, they can only file a "wrongful death lawsuit" but they don't plea as such.
- It states KJ's lawsuit tries to create new liabilities of duty which doesn't exist. (they are stating supposed actions and inactions)
- AEG states that in law there's nothing that says job with physical requirements (they are meaning concert performances) or providing safe residence and safe transportation creates a legal duty towards physical well being. (simply put they say : just because we have a contract with Michael for concerts that requires physical activity, it doesn't mean that we are legally responsible for his health). (they cite a case that says a company has to provide a safe environment for work related injuries but not all other injuries)
- They state there was no "special relationship" between them and Michael. They say Michael wasn't dependent or reliant on them.
- They say according to contract only requirement was the physical for the insurance and there was nothing else about any other medical treatment. - They also say that Michael could have cancelled his contract with AEG.
- The Murray - AEG agreement/ draft is mentioned. AEG says that contract states that Murray is an independent contractor hired on MJ's request and he acts as MJ's doctor and the agreement was to be terminated instantly if Michael no longer wanted Murray. So they say KJ's claim of "AEG selected, hired, paid Murray" is wrong as the contract says " Murray is hired as an independent contractor only for MJ's benefit and only if MJ consented and wanted".
- They say that advances they paid and money they lent (for such things as rent) do not put them into a position of liability.
- As the AEG- Murray agreement was not signed by MJ so it's not binding/executed therefore they were not required to provide any medical equipment. They state Murray knew this as the documents said this.
- AEG states they have no duty as MJ's injury was not foreseeable. They state that they have no way of knowing that Murray a doctor with no malpractice and history of anesthesia would administer anesthesia to MJ at home and he would die. They also state that KJ's lawsuit says that "Micheal appeared ill and tired" but that doesn't equal that they should known about anesthesia use. MJ could have been ill for other reasons.
- AEG says they cannot be responsible for hiring Murray negligently as they never hired or supervised him plus they had no reason to expect such behavior from Murray (as he didn't have such history of giving propofol or sleep remedies to other people). Plus they state that KJ's lawsuit says that AEG should have known Murray was giving MJ "sleep remedies" but they argue that "sleep remedies" do not equal "propofol". (in other words they argue that even if they knew Michael's sleep problems they couldn't guess treatment with anesthesia)
- AEG states KJ's lawsuit doesn't satisfy the burden for fraud claims.
- Emotional distress claims for Prince - they say that for medical malpractice claims plaintiff must observe the malpractice and understand it's malpractice. In other words to make an emotional distress claim it would also require Prince to see Murray giving MJ propofol and understand that it will hurt/kill MJ.
- Again AEG- Murray contract mentioned as draft and MJ never signed it.
- They state 1 year statue of limitations has passed for any wrongful death due to medical malpractice.

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Ortega asks the court to remove him as a defendant in Katherine's suit, claiming, "Kenneth Ortega is not alleged to be involved in the medical treatment or administration of drugs that allegedly caused Michael Jackson's death.

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As we know Katherine sued AEG & its owners and Kenny Ortega
AEG filed a request for the dismissal of the case
Kenny filed a request to be removed as defendant
Katherine filed a response against to AEG and Kenny's requests
and
recently Kenny and AEG filed a response to Katherine's response

Summary

Kenny Ortega

- Ortega says "has been extremely hurt by this mistaken and misguided Complaint publicly naming him as a defendant allegedly responsible for his friend's death."
- Ortega says he's not an agent or joint venturer with AEG.
- Ortega says he wasn't a party to "MJ- AEG" or "Murray-AEG" agreements.

AEG's response
- They say even if KJ's claims were true AEG can only be responsible for "hiring" Murray and not the care he gave Michael as the harm to Michael resulted for Murray's failure for proper care. In other words they say even if they hired Murray, they cannot be responsible for his negligence (they cite a case that says asking an employee to get a medical test doesn't bring the company the obligation to oversee the medical exam)
- Plus they say any negligence claim requires "foreseeability" - which means that it should be "foreseeable" for AEG to think Murray as a doctor would violate standard of care etc and administer MJ propofol. They say the events were "unforeseeable" and therefore they shouldn't be found in negligence. (In basic terms they try to say "we cannot prevent something from happening if we had no idea about it happening")
- The equipment request was mentioned in KJ's response. AEG addresses this and says there was no indication that it was requested for home use (how and when they would be used was unknown) and that they couldn't known that Murray would perform dangerous procedures without them. They argue even if they knew such equipment were requested to be used in giving nightly sleep remedies, logically they couldn't think/knew that Murray would violate his medical obligations and give such remedies without the proper equipment.

Note : It seems like Ortega and Murray was hired or was going to be hired as an "independent contractor" and not an "AEG employee".

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Ortega is removed as a defendant. Kevin Boyle says "Based on recently discovered information, the Jackson family has determined that Mr. Ortega should not be a defendant," adding, "The Jackson Family apologizes for any discomfort or inconvenience this may have caused Mr. Ortega."

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In regards to AEG's dismissal request judge decides that


breach of contract (not caring of MJ's wellbeing) and negligent hiring, training and supervision of Murray claims stands and can go to trial

but

fraud, conspiracy and emotional distress of Prince is thrown out for the time being- unless KJ can come up with evidence to support those claims.
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Katherine Jackson's attorneys filed papers stating they ``do not intent to amend the complaint.' That means the case is scheduled to go to trial for now on the remaining allegations of breach of contract, negligent hiring and employer responsibility.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

Judge sets the trial date as September 10, 2012.
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December 2011 KJ - AEG lawsuit update

Katherine Jackson's first set of interrogatories has been filed. Interrogatories is request for more information.

Katherine is asking more information about

- the names of lawyers who represented Michael at MJ- AEG contract, negotiations
- if Tohme was paid by AEG since 2007
- if AEG paid Michael any advances since January 2009
- if AEG paid Michael's rent
- any communications with Michael about missing rehearsals
- if they told Michael to stop or recommend to take medications
- if they told Michael to stop or recommend to see a doctor
- if they knew Murray bought Propofol
- if they compensated Murray
- about June 18 meeting

Katherine is asking AEG to provide the following documents

- any insurance policies on Michael in regards to TII
- documents about TII
- AEG's communications with Murray (such as emails)
- agreements between AEG - MJ and AEG - Murray
- TII revenue expectations
- documents about TII schedule change including expenses and/or profits
- documents about the people AEG hired to work for Michael such as security guards, drivers, assistants, lawyers, medical doctors and so on.
- any documents about Michael's health
- any documents about Murray's medical treatment of Michael (good luck finding that)
- any documents about Tohme and Denis Hawk including communications and any payments
- documents about Murray's medical requests
- visitor logs / security logs for Michael's Carolwood residence for months of May and June 2009.

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AEG's initial response

As expected AEG calls Katherine Jackson's requests too broad and too burdensome. They have filed for a protective order - saying that some documents are confidential and needs to be sealed. They are waiting for a decision on this to provide the requested documents. Katherine Jackson's lawyers are against this. There will be a hearing mid-January to decide about the protective order and possible sealing of the documents.

In their initial response AEG also states that
- talks about TII tour started in September 2008
- some documents are protected by attorney client privilege
- AEG has never entered into a written or oral agreement with Murray
- AEG has never compensated Murray
- Murray never requested medical equipment or nurse to be used in Los Angeles - he asked for them for London.
- AEG doesn't have security logs or visitor passes for Carolwood residence.

AEG is willing to provide the rest of the documents that was asked but they want them to be sealed and marked confidential. We'll see how the judge will decide in a month.

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Minor win for AEG in the case. Judge has granted AEG request for marking the documents confidential and possibly sealing them.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

There's a motion to compel hearing set for April 24, 2012 in Katherine Jackson - 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 Katherine Jackson is not answering their questions and they filed thousands of pages showing all the communications and asking the judge to order Katherine Jackson to answer AEG's questions.

Summary

- April 2011 AEG sends the questions and document requests to Katherine, Prince, Paris and Blanket.
- After delays in November 2011 Katherine 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 Katherine'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 Katherine 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 Katherine'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 Katherine 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, Katherine, 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.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

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 .
- 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.


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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".

 

[ivy]

Media reports

AEG lawyers win a round in Michael Jackson lawsuit


KFWB Staff
Celebrity,KFWB News,L.A. News
4/24/2012
12:30 pm

(AP Photo)

(CNS) – Attorneys for AEG Live won a round in court today when a judge ordered Michael Jackson’s mother and his three children to answer more questions about their lawsuit accusing the entertainment conglomerate of negligently hiring Dr. Conrad Murray to care for the late King of Pop.

Los Angeles Superior Court Judge Yvette Palazuelos also said AEG Live can continue taking Katherine Jackson’s deposition, which began last week but is still incomplete.

Jackson was set to perform a string of 50 shows in London for AEG Live, but he died June 25, 2009 of acute propofol intoxication in Los Angeles while rehearsing for the concert series.

The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and her son’s three children, Michael Jr., Paris-Michael Katherine and Prince Michael, alleging the company was negligent in hiring Murray.

The complaint also alleges AEG Live is responsible for the medical decisions made by Murray, who was convicted of involuntary manslaughter in Jackson’s death and was sentenced Tuesday to four years in prison.

AEG Live attorney Marvin Putnam said he was pleased with the ruling, because the judge ordered everything the defense wanted except for monetary sanctions covering the cost of bringing the motion. He said Katherine Jackson’s lawyers cannot make “heinous” allegations in a lawsuit, then refuse to show proof.

Putnam has called the lawsuit a “shakedown” of AEG Live. However, plaintiffs’ attorney Kevin Boyle said the AEG Live motion was “typical defense gamesmanship.”

During the hearing, Boyle claimed some of the questions AEG Live posed to Jackson’s children were highly personal, including whether they had anything in their diary indicating their father “was going to kill himself.”

AEG Live lawyers maintain the firm was not Murray’s employer. They say Katherine Jackson has not provided all the information she has to show that AEG hired Murray to be her late son’s exclusive doctor as he prepared for the tour.

But Boyle said his side provided an extensive response, including statements from two AEG Live executives that Murray was given the job as the singer’s physician.

Attorney Jessica Stebbins, also representing AEG Live, said many of the responses the plaintiffs provided only arrived in her office Monday. Boyle replied that some of the answers took significant time to obtain, but he declined to elaborate, citing attorney-client privilege.

Boyle said he also may move later to amend the complaint further and to ask Palazuelos to appoint a third-party “discovery referee.” The referee, typically a retired judge, would sort out the materials exchanged between boh sides and make recommendations to the judge.

Stebbins said she was not sure a discovery referee is necessary, but would agree to have one if both sides concur on the person serving the role. She also said she may ask Palazuelos to postpone the trial date, now set for Sept. 10, because of the delays in getting the information needed in preparing AEG Live’s defense.

http://kfwbam.com/2012/04/24/aeg-law...ckson-lawsuit/

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Jackson's Mom Ordered To Hand Over Docs In AEG Fight

Law360, Los Angeles (April 24, 2012, 7:07 PM ET) -- A California judge Tuesday ordered Michael Jackson’s mother to hand over documents and other discovery responses in her lawsuit accusing promoter AEG Live LLC of negligent hiring and breach of contract in connection with the pop icon’s death, but stopped short of issuing sanctions.

Los Angeles Superior Court Judge Yvette M. Palazuelos granted AEG’s motions to compel production of documents and interrogatory responses, rejecting Katherine Jackson's argument that the entertainment company’s requests were mooted when she turned over some of the information Monday afternoon.

“I’m going to order the responses without objection,” Judge Palazuelos told attorneys Tuesday. “I took into consideration the fact that there’s been a rolling production of documents and that you’ve been meeting and conferring, by not granting sanctions.”

Tuesday’s order marked the latest chapter in contentious litigation stemming from Jackson’s death from an overdose of the hypnotic agent propofol in June 2009, on the eve of an AEG-produced concert tour.

Jackson’s mother lodged the suit Sept. 15 on her own behalf and as guardian ad litem of Jackson’s children, naming Anschutz Entertainment Group Inc. and several individuals as defendants, in addition to AEG.

She alleges that in the run-up to Michael Jackson’s planned “This Is It” tour in the summer of 2009, AEG breached contractual duties with the pop star by putting a “desire for massive profits” from the tour ahead of Jackson’s health and safety.

According to the complaint, Jackson’s health was central to the tour agreement between AEG and Jackson, who was purportedly missing concert rehearsals due to health complications he suffered from taking prescription medications.

In response to Jackson’s health problems, AEG hired Dr. Conrad Murray to serve as Jackson’s personal physician, the complaint says.

Murray, under contract with AEG, provided Jackson with “cocktails” of drugs intended to help Jackson sleep, among them the powerful hypnotic agent propofol, the complaint says.

Jackson died on June 25, 2009, after what his mother claimed were several days during which Jackson, subject to AEG’s “grueling” rehearsal schedule, was physically shaken, disoriented and incoherent. A coroner’s report revealed Jackson died of a lethal dose of propofol, according to the complaint.

AEG’s alleged disregard for Jackson’s well-being and the company’s insistence that Murray alone treat Jackson contributed to the star’s death, Jackson’s mother claims, arguing that AEG failed to perform due diligence in hiring Murray, and recklessly and intentionally ignored her son's personal health.

Murray was convicted of involuntary manslaughter in November and sentenced to four years in prison for his role in the star's death.

AEG filed motions to compel discovery in March, saying that Jackson had ignored numerous discovery deadlines, failing to produce a single document or meaningful interrogatory response and not showing up to a March 1 deposition.

At the hearing Tuesday, AEG’s attorney Jessica L. Stebbins argued that Jackson’s failure to hand over documents and sit for a deposition until after the company filed its motions justified monetary sanctions. Jackson recently commenced her deposition, which is ongoing, according to AEG.

“Only after moving to compel did we finally get deposition dates for Ms. Jackson and responses to our discovery,” Stebbins said. “If we hadn’t moved to compel, I don’t think we ever would have gotten this discovery. We got it at 3 p.m. the day before this hearing.”

Jackson’s attorney Kevin Boyle denied that he and his client were intentionally delaying the handover of information.

“I know the timing looks like that, but that’s really not what happened,” Boyle said. “Yesterday, Monday, was the first day that we could have this ready.”

Judge Palazuelos granted AEG’s discovery motions but declined to order sanctions.

“You can’t file this type of heinous, heinous lawsuit, and then stand back and see what happens,” AEG’s attorney Marvin Putnam said Tuesday. “You are required to come forward and say what the basis is for making these claims, and [Jackson] has refused to do so, and has refused to do so since filing suit. And the court has now ordered that she has to.”

Jackson’s attorney Boyle applauded the judge’s decision to reject sanctions.

“AEG was, for whatever reason trying, to sanction Ms. Jackson and Michael Jackson’s children, and the judge wouldn’t allow it, and that was a good thing,” he said.

Jackson is represented by Brian Panish, Kevin Boyle, Peter J. Polos and Robert Glassman of Panish Shea & Boyle LLP, Michael Koskoff and Bill Bloss of Koskoff Koskoff & Bieder PC, and K.C. Maxwell.

The defendants are represented by Marvin S. Putnam, Jessica L. Stebbins and Kathryn Cahan of O'Melveny & Myers LLP.

--Additional reporting by Derek Hawkins and Roxanne Palmer. Editing by Kat Laskowski.

http://www.law360.com/commercialcont...rticles/333673

 

[ivy]

May 10 2012

Update

AEG has filed a motion to delay the trial dates.

If you remember they had complained before that the late discovery (Katherine not answering or not sitting for a deposition) made it hard for them to prepare for the trial on time.

I'll update as soon as I get more information

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May 14 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.
- Katherine also has been deposed for 3 days and her deposition is mentioned as "not finished".
- Katherine'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.

- Katherine'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.
- Katherine's 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.

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Guys this is my latest update. Sorry for having to make it a protected pdf as some people tend to steal my work. It's 4 pages long so make sure that you scroll to read all of it.

http://www.scribd.com/doc/93728724/KJ-AEG-May-15-Update

Katherine Jackson – AEG Lawsuit May 15 Update
We already know that Judge has granted AEG's motion to delay the trial. The new trial date is April 2, 2013.
I will do an update based on AEG's response to Katherine's objection to delay as it has a lot of new information.

- AEG argues that there's good cause for delay as the discovery is incomplete - even in regards to Katherine's answers to their questions. AEG says Katherine only sent them 137 pages of documents just weeks ago and she partially answered questions.
- AEG argues they need more time because to file and win on a summary judgment they need to both point out the evidence KJ does not have and how KJ cannot obtain evidence to support her claims. AEG states they need more time to gather evidence about Michael's "lengthy history of drug abuse"
- AEG blames Katherine's lawyer for the delay saying that they did not yet receive any substantial answer to their questions. They state they only got partial answers.
- AEG also argues that delay on Katherine's part resulted in more delay. AEG is adding people to be deposed based on Katherine's deposition (such as people that were at Carolwood house, person with knowledge about Michael's finances and so on). As Katherine's deposition started late and still ongoing this information is still coming in.
- AEG argues as they couldn't get the basic facts, the expert discovery hasn't even started.

- AEG states as the discovery goes on they learn more stuff that weakens Katherine's lawsuit. For example they mention that the responses confirmed that Murray was long-time personal physician of Michael - which is contradictory to the claims in the lawsuit (which stated AEG selected Murray).
- AEG even cite responses sent for Prince, Paris and Blanket in which they said they saw Murray in Las Vegas before family's move to LA in 2009.
- AEG states from Katherine's deposition it's obvious that she has no knowledge about Michael's relationship with AEG or Murray.
- AEG states deposition of Katherine, Tito and Rebbie confirmed "decades long history of severe substance abuse including an addiction to prescription painkillers and repeated interventions". AEG states this is contradictory to the claim AEG somehow forced Michael to receive dangerous medications from Murray.
- AEG states that they believe the further discovery will undermine Katherine's cases a lot more.

- As for Michael's Propofol history AEG argues although Katherine's lawsuit claims AEG coerced Michael to taking Propofol, there's evidence to show that Michael used Propofol long before AEG came into the picture. They cite evidence of Propofol use up to 20 years ago (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 says this information is essential for their defense and that's why they are seeking Michael's medical information.
- The document also lists MJ Estate's objections based on privilege and privacy. If you remember December 2011, the judge ordered MJ Estate to turn the medical documents. Most of it is limited to the last 3 years. The document also states that Estate pushed for a strict confidentiality order to protect Michael's privacy.
- AEG's lawyers state that Katherine's lawyers first agree to confidentiality and then revoke their agreement and this is what is holding the medical records.


- AEG argues that they did not delay the process. AEG says they sent 30,000 pages of documents to Katherine's lawyers and the rest will be sent within 3 weeks.
- Before April 2012, Katherine's lawyers only sent 2 depositions to Gongaware and Phillips while the Murray trial was ongoing. AEG says they rejected depositions requests during Murray trial (as both Gongaware and Phillips were subject to be recalled as witness) but sent dates in January 2012 for depositions of Gongaware and Phillips. Katherine's lawyers rejected January date saying that they would not depose them until they get the discovery from AEG.
- Currently Gongaware will be deposed next week (Week May 21-25) and Phillips will be deposed the following week (Week of May 28-31).
- In April 2012, Katherine's lawyers send deposition requests to 12 other people - mostly AEG employees. Some names mentioned are Beckerman, Roth and Fikre. They will be deposed in June 2012, after Gongaware and Phillips depositions.


- If you remember Katherine's lawyers have previously argued abusive questions at depositions such as asking Tito about alimony payments. AEG lawyers state that those questions aren't abusive; it's relevant to the issue at hand including showing witness credibility.

- From technical point AEG cites another section of the law that a case of health care negligence should be set no sooner than 6 months. They argue that rule is the main rule and not the age of the defendant. In other words 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 date can be anytime from November 2012 to April 2013.
Now some tidbits
- AEG sent out 43 deposition and 85 document requests.
- Total depositions is 62 (19 depositions by Katherine's lawyers) and total document requests is 93 (8 document requests by Katherine's lawyers).
- Only two depositions - Tito and Rebbie Jackson- has been completed to this date.
- Katherine's deposition is still classified as "not finished".
- They are still waiting for 69 of the document requests. 41 of these ask for medical records of Michael.
- AEG states that Katherine's lawyers mock their lawyers. Apparently Katherine's lawyers joked about AEG's lawyers trial experience and sarcastically asked them if they were worried about summary judgement.
- AEG states that deposition of Klein will not be proceeding. No more information is given.
- Taunya Zilkie and Debbie Rowe depositions are mentioned as proceeding.
- Depositions for Kenny Ortega, Cheryln Lee and Dr. Slavit are also mentioned through emails.

Depositions
AEG has included parts from Katherine's and Rebbie's depositions. It's stated that Tito's is marked as confidential so they don't give exact quotes from Tito's deposition.
Katherine's deposition
From the parts we can see that
- Katherine says she didn't believe Michael abused prescription drugs.
- Katherine mentions some of her children talked to her about Michael's problems and wanted to intervene and asked her to come as she would be influential. She says they went to Neverland Ranch.

Katherine's deposition part also has many questions about financial support Michael provided.
- Katherine says Michael would leave around $1 Million with his accountant Marshall Gelfand before he goes to a tour for Katherine. Michael's accountant would give a check to Katherine whenever she needed some money.
- Katherine says she asked Gelfand to give her the full $1 million upfront but he didn't. He only gave her checks whenever she needed money.
- Katherine says Michael's office also paid for all of the Hayvenhurt's costs such as gas, light, water including a $2,000 a month grocery budget.
- Katherine says when Michael left for Bahrain he put $500,000 to Grace's bank account and Katherine was given access to that bank account. Katherine says this was the only money she got from Michael in that time period. She says at that time Janet also gave her $10,000.
- Katherine says when Michael came to LA in 2009; he gave her $20,000 or more several times. She doesn't remember the total amount.
- Katherine is asked who was living with her at Hayvenhurst during that time. She lists Alejandra and her kids and Trent. She can't remember Donte's name.
- Katherine is asked if she paid for Joe's expenses. Katherine says one time she paid for some expensive shoes and she paid Joe's rent. She says sometime in the past Michael's office also paid Joe's rent.

- During deposition Katherine says she only knows Randy Phillips because she met him during a meeting in May 2009. She says she doesn't know Gongaware or Leiwake and Michael did not talk to her about any of the men or AEG or TII tour.
- Katherine also says she never met Murray and Michael never talked to her about Murray either.

Rebbie's deposition
- Rebbie mentions 3 interventions. One at Neverland Ranch, one in New York and one in Las Vegas house. She says there was another one that she wasn't present for.
- Rebbie details the intervention they went at Neverland. She says the security did not want to let them in unannounced and she got out of 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 didn't believe Michael.
- When asked if Michael was upset, Rebbie says even if Michael was upset he wouldn't have showed it.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

AEG May / June updates

Medical records: As expected AEG had requested medical records for Michael and MJ Estate had mentioned their objections. There's an agreement reached with MJ Estate in regards to Michael's health records. It was limited to 3 years before his death (2006 to 2009) and the records were to be sent to MJ Estate first. MJ Estate had the right to redact the documents claiming doctor - patient privilege / private info and relevance before sending them out to AEG and / or KJ. Latest documents show that there's a second agreement that made the time period 1984 to 2009, although it's not clear if this is only limited to Klein and some witnesses or everyone. Still the rest of the rules are in place. Estate is still redacting any private and irrelevant information before sending the medical records out and the documents are still marked as confidential.

Klein: There's not much to say about Klein's medical records. He was asked for them, he sent 27 pages of medical records all for 2009. LA District Attorney's office gave the copies of the medical records they had. They had 34 pages, 12 pages were different than waht Klein sent to AEG and it included 2008. As the medical records sent didn't cover the initial time period (from 2006) and the second agreed time period (from 1984), AEG has tried to ask for them. However they got no response from Klein and his office and couldn't find who (what lawyer) is representing Klein so they are asking the judge to order Klein to turn over the documents.

I also have to add that in a May 2012 letter, Klein is objecting to the deposition and document requests.

KJ's motion to compel against AEG: Actually this has been going on since mid-May but I have been waiting for more information to report about it. Just as AEG filed and won a motion to compel (get the judge to order Katherine to answer their questions and document requests) , KJ has also filed a motion to compel request against AEG.

Although there are hundreds to thousands pages of filings from both sides I'll keep this short.

Katherine's lawyers filed a motion to compel request against AEG claiming the "rolling discovery" is not acceptable and they have not answered or sent documents that they have asked. Now normally discovery requests are answered once, "rolling basis" means you send out responses/ documents in parts over time.

AEG's response is a lot more interesting than KJ's motion to compel. AEG argues that this is just a retaliation act for the motion to compel they filed and won against KJ. AEG says they could only do rolling discovery as there was close to 3 million pages of documents. AEG first put all the documents into an electronic database and then started to send them to KJ. They asked KJ's lawyer how they wanted them and they said in paper format so AEG sent them 5,000 pages in a hard copy format. They waited for a confidentiality agreement which KJ's lawyer agreed - disagreed- agreed and so on. At this time KJ's lawyers asked for electronic submission. After the confidentiality agreement was signed AEG did 4 more submissions in total of 30,000 pages in TIFF format. Then KJ's lawyers asked for PDF format, AEG did 2 more submissions in PDF format for around 180,000 pages. So in short AEG had sent 222,499 pages in 7 separate productions, AEG also says that the documents they sent are in chronological order.

AEG also state that their document production is almost complete. The number of pages that Katherine sent for AEG's requests is 140.

---------------------------------------------

July 2012

Update

KJ's lawyers responded to AEG's claims saying that
- the documents they produced aren't necessarily in chronological order,
- the documents are produced in single page format, (for example rather than sending 1 PDF with 12 pages they send 12 separate pages)
-claim the hard-copy, TIFF and PDF was AEG's choice,
- the last submission was in password protected RAR compression format which KJ's lawyers say their computers cannot open RAR and it's time consuming to enter the password
- and the rolling production cannot continue indefinitely

They ask the judge for
- a date the document production should end
- monetary sanctions
- order AEG to sort the documents and label them according to the requests

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Judge ordered a discovery referee to be determined. This referee is going to solve the discovery issues without need to file motions with the judge.

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Media reports Frank Cascio will be deposed

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Media reports there is a subpoena for out-of-state witness Dr. Mark Tadrissi

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[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

August 2012

Update:

AEG has to filed a motion to compel Taunya Zilkie. Taunya has been deposed for 5 hours on May 16 but her lawyer had 360 objections and Taunya refused to answer many questions. Currently Taunya is refusing to continue her deposition. She didn't also provide some documents such as copies of emails about Michael etc, even though she was requested. AEG is asking the judge to order her to sit down for the continuance of her deposition, order her to answer questions and make her pay monetary sanctions at least $20,000.

Summary of the motion

- AEG lawyers say Taunya has publicly declared them guilty of Michael's death - AEG has copies of tweets of Taunya dated February 2011.
- Taunya twice failed to appear for her deposition (on April 10 and May 1), finally her deposition started on May 16.
- Taunya's lawyer asked AEG to provide the list of the all of the questions they plan to ask. AEG didn't send a list as they say they aren't required to do so for third party witnesses.
- Taunya met Randy in 1997.
- Taunya worked for Michael between 2003 and 2005 as an assistant and website manager. Randy had hired her for the job. Taunya did not have any personal interaction with Michael after 2005.
- She worked for Randy as an assistant between 2005 and 2009.
- Taunya worked on organizing Michael's memorial.
- Taunya is also friends with Karen Faye, represented Karen during her work at TII tour and was present at Karen's interview with the police in December 2009. Taunya and Karen first met in 2004. Taunya later handled Karen Faye's bookings and billing etc.
- Randy , Janet and Jermaine had filed objections to Taunya's deposition.
- AEG says they still need to as Taunya about her tweets and her accusations about them, they need to ask her about Michael's finances especially his business deals with Randy and her relations with Jackson family.
- AEG says they are collecting information about Michael's finances so they can address and rebut Katherine's damages claims.
- AEG is asking about Taunya's relationship with Randy and Jacksons to see whether Taunya is biased or subject to influence.
- AEG is stating if Taunya is concerned about public disclosure of her testimony she can use the protective order in place.

Partial deposition of Taunya is included in the motion to demonstrate the objections by her lawyer and the questions she did not answer. From the deposition we learn

- Correction: I had previously said that Randy Jackson was present at Taunya's deposition but the correct info should be that Randy Jackson's lawyer was present.

- Taunya was represented by Baker & Hostetler --- it's the same firm mentioned in the Jackson siblings letter against the Executors. Taunya says they are representing Randy Jackson in general business matters for the last 9 to 12 months. When asked if Randy is paying her lawyer fees Taunya doesn't answer.

- There had been a phone call and meeting that involved Taunya , Randy and the lawyer from Baker &Hostetler one day before the deposition. This is the first time Taunya has talked and met with the lawyer. AEG asks questions about the meeting but cannot get any answers. The lawyer claims "joint attorney- client privilege" , AEG disagrees and says Randy is a third-person and privilege cannot be claimed and Randy is represented by Panish & Boyle law firm in this lawsuit.


- Vegas event. Taunya says she and Randy went to see Michael for a business matter. Bodyguards did not open the gate so they waited until someone came in and they drove right behind them and parked at the front door and asked to see Michael. Bodyguards did not allow it, according to Taunya they were "belligerent and aggressive". Randy later called Joe Jackson who came and was upset that the bodyguards was coming between brothers. Taunya says they wanted to leave but bodyguards was blocking their way. They let them out a few hours later. Taunya is asked about to explain the "business matter" they went to see Michael for, she replies "it was a financial matter". She makes it clear that visit was not an intervention attempt. AEG asks "is it about Michael Jackson owing Randy Jackson money?" Taunya refuses to answer.

- Taunya is asked for documents covering communications about Michael, Jacksons, This is it tour, Murray, intervention staged by Randy Jackson in Neveda (Taunya mentioned it to ABC News). She had produced 58 pages. However during her deposition she mentions that she did not look through her emails about Michael or TII tour etc as well as business documents. AEG is arguing that she didn't provide all the documents for their requests. Taunya got copies of Karen's emails - at least between Karen Faye and Frank Dileo - but she didn't produce them saying they are Karen's emails and not hers. Taunya also has emails between her and Karen, Grace, Evvy, Micheal Bush and Kerry Anderson.

- AEG has tried to ask about an event Karen mentioned Taunya about a situation with a Lloyds of London attorney at a prior tour which might be about Michael's health. They can't get any response.

- During Karen's police interview Taunya tells the cops to talk to Kerry Anderson to have a broader idea about enabling Michael's drug use. Kerry is Michael's head of security from 2004 and went to Bahrain with Michael. Some parts of this is redacted. As far as I can tell Taunya is mentioning a call from Terry in which he says Grace and Carol Lamere being a negative influence and he confiscated drugs from Carol and he was worried about Michael in general. Taunya says her understanding is that Carol was giving drugs to Grace who gave them to Michael.

- Taunya says from Randy she heard about a number of occasions family has tried to stage interventions. She doesn't know how many interventions were there. She says she only has specific knowledge of Vegas intervention.


Hearing on the motion to compel is set for November 28.

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now she says it wasn't an intervention and they were there for a financial business matter. see below

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yeah sorry it's my mistake

Correction : Randy Jackson was not present at the deposition , his lawyer who also represented Katherine and plaintiffs was.

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[ivy]

September 2012 AEG emails leak

Media article

Doubts surfaced early on Michael Jackson

Emails in Jackson insurance litigation show AEG execs knew of concerns about the pop star's stability.


Michael Jackson rehearses at Staples Center in June 2009 for his "This Is It" tour. (Kevin Mazur, AEG/Getty Images / June 23, 2009)

By Harriet Ryan, Los Angeles TimesSeptember 2, 2012


The scene in Michael Jackson's London hotel suite left Randy Phillips in a panic. Phillips was one of the world's most powerful music promoters and used to rock 'n' roll chaos, but the star's condition still floored him.

"MJ is locked in his room drunk and despondent," Phillips said in an email to his boss at Anschutz Entertainment Group, the Los Angeles company staking a fortune on the singer. "I [am] trying to sober him up."

Across the Atlantic, where it was still early morning, AEG President Tim Leiweke read the message and fired back on his BlackBerry: "Are you kidding me?"
"I screamed at him so loud the walls are shaking," Phillips told him. "He is an emotionally paralyzed mess riddled with self loathing and doubt now that it is show time."

The story of Jackson's ill-fated comeback attempt has been told in news reports, a manslaughter trial and a feature-length documentary. But a cache of confidential AEG emails obtained by The Times offers a darker picture of the relationship between the down-on-his-luck idol and the buttoned-up corporation taking a bet on his erratic talents.

The 250 pages of messages illuminate the extent to which top executives were aware of doubts about Jackson's stability as they prepared for his 50-show concert run at their London arena.

The emails will probably play a central role in two lawsuits set for trial next year. The shows' insurers are asking a judge to nullify a $17.5-million policy that they say AEG got with false claims about Jackson's health and readiness to perform. Jackson's heirs are pressing a wrongful-death suit that accuses AEG of pressuring the pop star to carry on with a comeback despite indications he was too weak.

Lawyers for AEG, which has denied any wrongdoing, said most of the correspondence was produced as discovery in ongoing litigation. They said the messages reviewed by The Times were incomplete and leaked to portray the company in a negative light. The lawyers declined to provide additional emails that they said would give a fuller picture, citing a protective order imposed by a judge in the civil litigation.

"If you are in the creative arts business, you are going to be involved with individuals who have a great many problems," said AEG attorney Marvin Putnam. "Michael Jackson was an adult and … it is supercilious to say he was unable to take care of his own affairs."

Michael Jackson was a megastar but also had a trail of burned investors and canceled performances that loomed large when AEG began contemplating a deal with him in the fall of 2008.

Even before meeting with Jackson, executives at the highest levels of AEG, including billionaire founder Phil Anschutz, were seeking insurance to protect the company's bottom line if the shows didn't come off, according to the emails.

Anschutz invited Jackson to a meeting at a Las Vegas villa in September 2008. Paul Gongaware, an AEG Live executive who knew Jackson, emailed colleagues a strategy memo. Wear casual clothes, he told them, "as MJ is distrustful of people in suits" and expect to talk "fluff" with "Mikey."

The company was proposing a world tour that would net the cash-strapped star $132 million, according to the memo. "This is not a number that MJ will want to hear. He thinks he is so much bigger than that," Gongaware warned. Talk in terms of gross receipts, he suggested.

The singer and AEG signed a deal in January 2009. According to the contract, AEG agreed to bankroll a series of London concerts at its 02 Arena and Jackson promised "a first-class performance." If he reneged, AEG would take control of the debt-ridden singer's company and use the income from his music catalogs to recoup its money.

There were doubters inside and outside the company. Dan Beckerman, AEG's chief operating officer, sent Phillips, the chief executive of concert division AEG Live, a YouTube link to Jackson's shaky 2001 MTV appearance and asked, "Can he pull this off?"

"With time and rehearsal," Phillips wrote back.
Pressed by another promoter about Jackson's ability to deliver, Phillips shot back in an email, "He has to or financial disaster awaits."

The contract required a medical examination as part of AEG's effort to get cancellation insurance, and nine days after Jackson signed, a New York doctor went to the star's Holmby Hills mansion. Dr. David Slavit concluded that Jackson was in "excellent condition," an assessment that AEG would tout in the coming months as proof that their star was healthy.

It's unclear how thorough the exam was. Slavit, an ear, nose and throat doctor who listed his specialty as "care of the professional voice," wrote extensively about Jackson's vocal cords in his report, which AEG said was given to its insurance broker. But he was silent on Jackson's well-documented substance abuse problems.

The singer had dropped out of at least one tour for drug treatment, but Slavit wrote that past cancellations were "related to dehydration and exhaustion."

Asked on a questionnaire in the report whether he had "ever been treated for or had any indication of excessive use of alcohol or drugs," Jackson circled "no."

AEG planned to announce Jackson's comeback in March with a London news conference. But as the date drew near, Jackson dropped out of sight. Inside AEG, there was growing fear.
"We are holding all the risk," Gongaware wrote to Phillips. "We let Mikey know just what this will cost him in terms of him making money.... We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants."
"He is locked. He has no choice … he signed a contract," Gongaware wrote.

Publicly, AEG projected confidence. "The man is very sane, the man is very focused, the man is very healthy," Leiweke assured a music industry symposium the day before the news conference.

Jackson made it to London, but according to emails Phillips sent to Leiweke, the star was intoxicated and refused to leave his suite. In the end, the emails show, Phillips and Jackson's manager had to dress him.

"He is scared to death," Phillips wrote to Leiweke.
In an interview, AEG's attorney Putnam suggested Phillips had exaggerated in his emails and said Jackson's behavior appeared to be a case of "nerves."

Jackson arrived 90 minutes late for the news conference and his brief comments struck some of the 350 reporters gathered as disjointed and strange. Still, fan enthusiasm was undeniable: Demand for an initial 10 shows crashed Ticketmaster's servers.

Two months later, Jackson and AEG got insurance from Lloyd's of London, according to the policy that is contained in court records. For rehearsals in L.A., it only covered accidents. The policy would expand to include illness and death coverage when Jackson got to London and was evaluated by Lloyd's doctors there.

AEG officials first met Dr. Conrad Murray during May rehearsals. In the trial last year that ended with Murray's manslaughter conviction, witnesses testified that Jackson insisted that AEG hire the doctor as his personal physician for the London shows at $150,000 a month.

Murray, who was deep in debt and in danger of losing his home, was giving Jackson nightly doses of propofol, a powerful surgical anesthetic, for his chronic insomnia, according to the doctor's statement to police.

In an interview, AEG's lawyers noted that none of the emails referred to propofol and said no one at the company knew about Murray's use of it. Jackson died before signing Murray's contract, and the doctor was never paid by AEG.
Those rehearsing with Jackson began sounding alarms in mid-June, according to the emails, a month before his scheduled debut in London. They complained he missed rehearsals, was slow picking up routines and would have to lip-sync some of his signature numbers.

"MJ is not in shape enough yet to sing this stuff live and dance at the same time," the show's musical director informed supervisors in an email. Jackson missed another week of rehearsals, and when he finally showed up June 19, he was too weak to perform.

Emails reviewed by The Times show far greater alarm about Jackson's mental state than has emerged previously.
"He was a basket case," a production manager wrote. "Doubt is pervasive."

"We have a real problem here," Phillips wrote to Leiweke.
The show's director, Kenny Ortega, told Phillips their star was not ready for the comeback and called for a psychiatric intervention: "There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP.

"It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state," wrote Ortega, who had known Jackson for 20 years. "I believe we need professional guidance in this matter."

Phillips resisted the request for immediate psychiatric intervention. "It is critical that neither you, me or anyone around this show become amateur psychiatrists or physicians," Phillips wrote.
He added that Murray, "who I am gaining immense respect for as I get to deal with him more," was confident the singer was ready.

"This doctor is extremely successful (we check everyone out) and does not need this gig so he [is] totally unbiased and ethical," Phillips wrote.
At a meeting that day, Jackson vowed to improve, and Murray said he would help. By all accounts, the next two days of rehearsals — the last of Jackson's life — were superb.
In the recent interview, AEG's lawyer said the company responded responsibly to concerns raised by Ortega and others by monitoring rehearsals and consulting Jackson and his physician.

"Michael and the doctor stressed that he was OK. They had it under control," Putnam said.
Numerous emails show that at the same time, Lloyd's of London was pressing AEG to schedule a complete medical examination for Jackson. The insurance company had to be convinced the singer was healthy before they would expand the policy to include illness and death, crucial coverage given reports from rehearsals.

That four-hour exam by Lloyd's in London would include three doctors, heart monitoring and blood work. AEG's insurance broker tried to persuade Lloyd's to drop the physical, according to the email discussions by AEG officials. AEG suggested Murray could provide an oral recitation of Jackson's recent medical history instead. Lloyd's refused.
Since agreeing to the policy in May, Lloyd's had sought additional information from AEG — medical records, details about Jackson's daily fitness program and responses to media reports about his health.

"Always with no response," a Lloyd's underwriter wrote.
Lloyd's also insisted on five years of medical records. The insurance company wrote that it wanted a thorough account for all doctor's appointments, hospital visits and cosmetic procedures since 2003.

Within AEG, it was determined that Murray was the best hope to get the records, and in the final week of Jackson's life, officials sent at least 10 emails reminding him to gather them.
Murray responded to the last of the requests June 25 in Jackson's darkened bedroom suite, according to emails presented at the doctor's criminal trial. He wrote that he had talked to Jackson and "Authorization was denied,"
Less than an hour later, Jackson stopped breathing, according to a timeline Murray gave police.
A week later, AEG filed a claim for the entire $17.5-million insurance policy and said publicly that it was out more than $35 million.

But within a very short period, it became clear that Jackson's demise, however terrible for those who loved him, was a commercial boon for his heirs and for AEG.
The celebratory documentary "This Is It," which AEG co-produced alone grossed more than $260 million worldwide.
"Michael's death is a terrible tragedy, but life must go on. AEG will make a fortune from merch sales, ticket retention, the touring exhibition and the film/dvd," Phillips wrote to a concert business colleague in August, adding, "I still wish he was here!"

harriet.ryan@latimes.com

http://www.latimes.com/news/local/la...376,full.story


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Michael Jackson Lawyers May Ask Court for Sanctions over Leaked Emails

09/03/12 11:31pmRoger Friedman0

The lawyers for AEGLive, the company being sued by Michael Jackson’s family for his alleged wrongful death, are fuming. I am told they may ask the court for sanctions against the Jackson family and their attorneys as early as Tuesday over emails that were leaked to the Los Angeles Times last week. The emails, which the Times published, were sealed as part of the wrongful death suit as evidence. The court case won’t be heard until next year.

But my sources say that the Jacksons, desperate for money after their failed attempt to snatch Katherine Jackson this summer, are looking for sympathy in the court of public opinion. I’m told they selectively pulled a few mails from hundreds and turned them over to the Los Angeles Times in an effort to make AEGLive look guilty of somehow forcing Michael to perform 50 concerts in London.

The truth when the totality of the emails is uncovered in court will be quite different. Michael Jackson was in deep debt when AEG first proposed he do 10 shows at the O2 Arena. That was in the fall of 2008. Jackson waffled. But eventually he was persuaded to agree simply because he had no choice. In practical terms, he was broke. AEG offered him an easy way to make some decent money and get back on his feet.

One thing is true: on the way to the O2 Arena announcement in March 2009, Jackson freaked out. He got ripping drunk. The result can be seen in the video of the announcement. Michael is grinning from ear to ear, laughing, and has no idea what to say other than “This is it.” On the way to the announcement from London, he was petrified. He was very late arriving at the Arena, as well, making everyone wait.

What the LA Times has discounted is the documentary, “This Is It.” For as much as Michael was petulant, stubborn, lazy, scared, etc, he was also a perfectionist with certain specific abilities. The latter are seen in the film at the rehearsals that he did show up for. And no one at AEG Live was trying to kill him, or overwork him to the point of exhaustion. AEG wanted Michael to succeed. They let him handpick everyone from Dr. Conrad Murray to his chef to trainers etc.

Let’s not forget: on May 5th, 2009 Kevin Spacey’s former manager Joanne Horowitz ran into Michael at Dr. Arnold Klein’s office. Michael was in great shape and looking forward to the tour. (Link follows.) Jackson’s mental and physical status changed on a daily basis as the London shows loomed. Like any performer, there were days when he was excited and others when he was apprehensive.

read: http://www.showbiz411.com/2009/07/01...4-arnold-klein

http://www.showbiz411.com/2012/09/03...-leaked-emails

----------------------------------------------

Michael Jackson: AEG’s Lawyers File for Monetary, Evidentiary Sanctions Against Jackson Family

09/04/12 8:22pmRoger Friedman0

Exclusive: as I told you it would happen AEG Live has filed two motions in Los Angeles Superior Court against the family of Michael Jackson. The motions are a response to the leaking of emails in the Jackson family’s wrongful death suit against AEG to the Los Angeles Times. AEG wants monetary sanctions and they want to make sure everything concerning Michael Jackson’s health and other personal information is sealed.

There had been a protective order prior to this, blocking any release of information that AEG had turned over to the Jackson side during the case. Now that that’s been violated, AEG wants the court to fine the Jacksons at least $50,000 and to investigate how it happened. They also want everything sealed including testimony from Kenny Ortega, producer of the “This Is It” concerts. The court date for hearing both motions is October 24th.

In addition to monetary sanctions, AEG wants evidentiary sanctions, too. They’re asking the court to prevent the Jacksons from using the leaked emails as evidence in the future–that they’re essentially tainted. If the judge rules in AEG’s favor, the Jacksons would essentially have done themselves in.

On Sunday, September 2, 2012, the Los Angeles Times published a misleading and inaccurate article about AEG’s supposed role in Michael Jackson’s life and death. This article was based on an incomplete set of highly confidential documents leaked to the press despite the fact that a court had ordered that they not be disclosed. As such, the documents were taken horrendously out of context and were calculated to be as damaging to AEG and as misleading as possible.

This is from AEG:

“AEG believes the unequivocal evidence shows that Katherine Jackson and her attorneys leaked these documents to the press. The documents released to the press were given to Mrs. Jackson and her attorneys—and to no one else—confidentially in discovery and subject to a court order. Accordingly, AEG has today filed a motion for sanctions against Mrs. Jackson and her counsel for this unlawful leak.

AEG was asked to comment on the article and to provide documents in its defense that would tell a different and more complete story. AEG, however, was unwilling to violate the court’s order in its defense. Many of the documents and other sources that support AEG’s position had also been designated as confidential by third-party witnesses in Katherine Jackson’s lawsuit against AEG. These witnesses trusted that their materials had been provided in confidence, that their confidentiality would be respected, and that only the court could order the materials’ release. AEG could not and would not violate those witnesses’ rights by turning their documents over to the press without their permission.

Even without those documents, however, the story as written shows that Katherine Jackson’s claims against AEG are simply not true. The story acknowledges, for instance, that Dr. Conrad Murray was Michael Jackson’s long-term physician, and that it was Michael Jackson who demanded to bring him on tour. The story also acknowledges that no agreement with Dr. Murray was ever signed, and that Dr. Murray was never paid by AEG.

The story also acknowledges, albeit obliquely, that even after Michael Jackson appeared ill on June 19, 2012, both Dr. Murray and Michael Jackson himself repeatedly insisted that Michael Jackson was fine, healthy, and eager to perform the concerts. And again, as the story acknowledges and the film This Is It demonstrated, Michael Jackson backed up that claim by performing brilliantly at the next two rehearsals. AEG could not, and did not, cancel its agreement with Mr. Jackson, a respected performing artist who insisted he was ready and willing to perform, simply because he’d been ill one night.

Given all this, one might wonder why Mrs. Jackson or her counsel would choose to leak these documents. After all, their publication hurts her son’s memory and her grandchildren more than anyone else. Unfortunately, the reason plaintiffs chose this course is transparent—plaintiffs know they cannot win on the law and are losing control over the case. After months of discovery, plaintiffs now know what we have known all along – there is nothing to support their claims. Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson. In the meantime, we’ve all watched the press as the Jackson family has made ever-more-wild accusations against everyone involved in Michael Jackson’s life— except themselves.

We look forward to telling the full, complete and accurate account of what actually happened, when the materials that were unlawfully leaked to the press can be put in context and the full story can legally be told. Until that time, defendants will continue to abide by their ethical obligations and the orders of the court.”

http://www.showbiz411.com/2012/09/04...jackson-family

--------------------------------------------------------

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

September 2012

AEG says they only provided emails to Lloyds starting from Jan 2009. they provided emails going back to 2008 to KJ and her lawyers

guess what emails were given to LA Times? yep they are dating back to 2008. That's why AEG says it can only be Jacksons and not Lloyds.

LA Times was also given documents from "AEG Live" which is not even a party to Lloyds lawsuit and didn't provide anything to them


We won't see the emails though. They filed the copy of the emails given to La Times under seal


Link to document : http://www.scribd.com/doc/105053387/AEG-KJ-Motion-for-Sanctions

----------------

I rushed to post the document but I didn't do a summary. Here's the summary of the motion

AEG had filed for a motion against Katherine Jackson and her lawyers due to the leak of the emails. AEG is asking for
- evidentiary sanctions to NOT allow Katherine to use the leaked emails and documents
- monetary sanctions of at least of $50,000 paid to AEG and $1,500 paid to the court
- an investigation into scope and manner of the breach.

AEG's counsel gets a phone call from LA Times journalist on August 27. The journalist provides them with the emails she has and AEG realizes that this leak could only come from Jacksons - despite the article says the source is Lloyds.

The documents LA Times had was
- 159 pages of discovery from AEG & AEG Live (148 pages confidential)
- 12 pages by Ortega (confidential)
- 1 page from Jacksons
- 36 pages from Murray
- 34 pages from court documents
- 4 pages of news articles

212 pages had Bates numbers and confidentiality notices on them but they were redacted or obstructed in the copies given to LA Times.

AEG says the only AEG counsel and Katherine and her lawyers had access to these documents and therefore the source is Katherine and/or her lawyers.

AEG explains that Ortega and Murray documents were produced in other lawsuits. AEG also says that they provided some but not all of the documents at Lloyds lawsuit.

AEG explains that

- Lloyds discovery documents started from January 2009, Jackson discovery started from September 2008. As LA Times had emails dating back to 2008 AEG argues that the source can only be Jacksons and not Lloyds.

AEG explains that even AEG employees (such as Phillips and Gongaware etc) did not have access to the documents in the format that they were provided to LA Times.

- AEG explains some of the documents are from "AEG" and not "AEG Live". AEG is only a party to the Jacksons case and they did not produce any documents in Lloyds lawsuit again demonstrating that the source is Jacksons and not Lloyds.

AEG thinks the reason for the leak was to tarnish AEG and the documents was selected carefully from a lot bigger number of actual documents. AEG thinks this leak of confidential documents made AEG unable to respond publicly (as they would be required to break confidentiality as well). AEG also argues that some of the emails were hearsay and they could not been able to be used at trial so leaking them was only way to get them out. AEG also says removal of "confidential" notice and the bates numbers show that whoever leaked these were aware that they were breaking a court order.

AEG is also asking for discovery into the breach and leak and want to depose Katherine Jackson and her lawyers, they are even asking the court to assign a special master to investigate this further.

---------------------

[scribd]105053387[/scribd]

--------------------------------

I rushed to post the document but I didn't do a summary. Here's the summary of the motion

AEG had filed for a motion against Katherine Jackson and her lawyers due to the leak of the emails. AEG is asking for
- evidentiary sanctions to NOT allow Katherine to use the leaked emails and documents
- monetary sanctions of at least of $50,000 paid to AEG and $1,500 paid to the court
- an investigation into scope and manner of the breach.

AEG's counsel gets a phone call from LA Times journalist on August 27. The journalist provides them with the emails she has and AEG realizes that this leak could only come from Jacksons - despite the article says the source is Lloyds.

The documents LA Times had was
- 159 pages of discovery from AEG & AEG Live (148 pages confidential)
- 12 pages by Ortega (confidential)
- 1 page from Jacksons
- 36 pages from Murray
- 34 pages from court documents
- 4 pages of news articles

212 pages had Bates numbers and confidentiality notices on them but they were redacted or obstructed in the copies given to LA Times.

AEG says the only AEG counsel and Katherine and her lawyers had access to these documents and therefore the source is Katherine and/or her lawyers.

AEG explains that Ortega and Murray documents were produced in other lawsuits. AEG also says that they provided some but not all of the documents at Lloyds lawsuit.

AEG explains that

- Lloyds discovery documents started from January 2009, Jackson discovery started from September 2008. As LA Times had emails dating back to 2008 AEG argues that the source can only be Jacksons and not Lloyds.

AEG explains that even AEG employees (such as Phillips and Gongaware etc) did not have access to the documents in the format that they were provided to LA Times.

- AEG explains some of the documents are from "AEG" and not "AEG Live". AEG is only a party to the Jacksons case and they did not produce any documents in Lloyds lawsuit again demonstrating that the source is Jacksons and not Lloyds.

AEG thinks the reason for the leak was to tarnish AEG and the documents was selected carefully from a lot bigger number of actual documents. AEG thinks this leak of confidential documents made AEG unable to respond publicly (as they would be required to break confidentiality as well). AEG also argues that some of the emails were hearsay and they could not been able to be used at trial so leaking them was only way to get them out. AEG also says removal of "confidential" notice and the bates numbers show that whoever leaked these were aware that they were breaking a court order.

AEG is also asking for discovery into the breach and leak and want to depose Katherine Jackson and her lawyers, they are even asking the court to assign a special master to investigate this further.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

Media report

Howard Mann says he is the source and his source are not the Jacksons. Ha,Ha,Ha


http://edition.cnn.com/2012/09/06/sh...eak/index.html


Source of leaked Michael Jackson e-mails identified

By Alan Duke, CNN
September 6, 2012 -- Updated 0855 GMT (1655 HKT)

Los Angeles (CNN) -- Dramatic e-mails about Michael Jackson's condition before his death were leaked to a reporter by a businessman who just settled a copyright lawsuit with Jackson's estate, that businessman told CNN.

The admission by Howard Mann that he provided the controversial documents to the Los Angeles Times contradicts a claim by lawyers for concert promoter AEG Live that they have "unequivocal evidence" showing that Jackson's mother and her lawyers leaked the e-mails.

The source of the leak is crucial to the wrongful death lawsuit filed by Katherine Jackson and the late pop star's three children since the judge in the case ordered the documents sealed.

AEG's lawyers filed a motion Monday asking the judge to impose tough sanctions on the Jacksons, including fines and preventing them from using the e-mails as evidence in their effort to prove the promoter contributed to Jackson's death as he prepared for comeback concerts in 2009.

AEG did not immediately respond to CNN's request for comment about Mann's claim of responsibility for the leak.
"We were able to learn today that apparently Howard Mann has admitted that he was the source, and that he definitely never received any documents from Katherine, Prince, Paris, or Blanket Jackson, nor from their lawyers in the wrongful death suit against AEG," said Jackson lawyer Kevin Boyle.

Boyle criticized AEG's lawyers for their haste in pointing the finger at the Jacksons.

"AEG made these accusations against the Jackson family and their lawyers apparently without doing even the most rudimentary investigation," Boyle said. "We are further disturbed that the motion for sanctions filed by AEG was given to the press before it was served on Katherine Jackson or her counsel."

If the AEG lawyers had reached out to the Jackson lawyers earlier, they could have helped solve the mystery of the leaked documents, he said.

"AEG has known about the alleged leak since a week before the article was published," Boyle said. "AEG never contacted the Jackson's counsel to inquire about the article or the documents."

The e-mails revealed the promoter for Jackson's "This Is It" concerts expressed doubts about the star's ability to be ready for the shows but expressed confidence in the private doctor eventually convicted in Jackson's death.

AEG Live President Randy Phillips was responding to show director Kenny Ortega's e-mail, which said Jackson had "strong signs of paranoia, anxiety and obsessive-like behavior" and suggesting they hire a "top Psychiatrist in to evaluate him ASAP."

Jackson died on June 25, 2009, from what the Los Angeles County coroner ruled was an overdose of a surgical anesthetic and sedatives, drugs that Dr. Conrad Murray told police he used to help the entertainer sleep as he prepared for the concerts set to start two weeks later.

Murray was convicted of involuntary manslaughter and sentenced to four years in prison last year.

Mann, who once partnered with Katherine Jackson on a book and documentary about her family, said he obtained the documents from various sources, but none of them came from the Jacksons or their lawyers.

He gave them to reporter Harriet Ryan because he wanted the story of Jackson's death to be told, Mann said. Mann's company settled a copyright dispute with Jackson's estate over use of Jackson's images this week.

Ryan, who kept the source of the documents secret in her story, did not immediately respond to CNN requests for comment on Mann's claim that he gave them to her.

AEG lawyer Marvin Putnam went on a public relations and legal offensive against Katherine Jackson and her lawyers this week in response to Ryan's article and the subsequent stories by other news outlets, including CNN.

"AEG believes the unequivocal evidence shows that Katherine Jackson and her attorneys leaked these documents to the press," he said in a statement to CNN. "The documents released to the press were given to Mrs. Jackson and her attorneys -- and to no one else -- confidentially in discovery and subject to a court order."

But Mann said he got the e-mails from several sources, including Jackson fans who contacted him. Some of the documents were part of discovery in other cases, including the criminal trial of Dr. Murray, he said.
Boyle, the Jackson lawyer, also told CNN that other parties had the same documents, including lawyers involved in an ongoing insurance case against AEG.

Lloyds of London seeks to void a $17.5 million policy that AEG purchased in case Jackson was not able to perform the 50 shows scheduled for London's O2 Arena. The insurer contends AEG hid Jackson's health problems and failed to respond to repeated requests for his medical history.

"Katherine, Prince, Paris and Blanket Jackson and their lawyers deny AEG's allegations that we gave any protected documents to the press," Boyle said.

The documents made public in the Los Angeles Times story are not the most damaging to AEG that were uncovered, Boyle said.

"We can assure you that we are in possession of documents that make for an extremely compelling story in the wrongful death case, and that completely support the plaintiffs' claims," he said.
AEG Live's president called Jackson's death "a terrible tragedy" in an e-mail weeks after he died, he added "but life must go on."

"AEG will make a fortune from merch sales, ticket retention, the touring exhibition and the film/dvd," Phillips wrote. In fact, AEG Live was allowed to sell Jackson tour merchandise and share in the profits from the documentary "This Is It," produced from rehearsal video.

The e-mails suggest AEG Live's president saw Jackson's problems first hand the day the pop star was to appear at the O2 Arena to publicly announce the shows.

"MJ is locked in his room drunk and despondent," Phillips wrote in a March 5, 2009, e-mail to AEG Live's parent company, the paper reported. "I (am) trying to sober him up."

"I screamed at him so loud the walls are shaking," Phillips wrote. "He is an emotionally paralyzed mess riddled with self loathing and doubt now that it is show time."

The promoter blamed London traffic when Jackson was 90 minutes late for the announcement that day.
"He's as healthy as he can be -- no health problems whatsoever," Phillips told CNN two months later to refute reports Jackson's health was threatening the concerts.

The Los Angeles Times story, however, said the e-mails indicated major doubts about Jackson's ability to perform.
"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants," AEG Live executive Paul Gongaware e-mailed to Phillips.

Jackson's missed rehearsals in June triggered concerns in e-mails that he was slow in learning his dance routines and would have to lip-sync on stage, the newspaper reported.

"MJ is not in shape enough yet to sing this stuff live and dance at the same time," one e-mail from the show's music director read, the paper reported.

A production manager wrote: "He was a basket case. Doubt is pervasive."

A loud warning from Ortega, who worked closely with Jackson on previous tours, came in mid-June, just over a week before his death.

"It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state," Ortega wrote. "I believe we need professional guidance in this matter."

Ortega testified at Murray's trial about his concerns about Jackson's frail condition and missed rehearsals. It resulted in a meeting six days before Jackson's death in which Murray assured the promoters he would have Jackson ready for rehearsals that next week.

An e-mail from Phillips after that meeting said he had confidence in Murray "who I am gaining immense respect for as I get to deal with him more."

"This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical," Phillips' e-mail said.

The correspondence could play a role in the wrongful death lawsuit, which accuses the promoter of contributing to his death by pressuring him to prepare for the concerts despite his weak condition.

------------------------------------

There are more updates

AEG is not backing down from its charge that Michael Jackson's mother and her lawyers leaked e-mails to a reporter, in violation of a court order, despite a claim of responsibility by someone not connected to the Jackson's wrongful-death lawsuit against the concert promoter.

The dramatic e-mails, published in the Los Angeles Times on Sunday, revealed the promoter for Jackson's "This Is It" concerts expressed doubts about the star's health and his ability to be ready for the shows for several months before his death.

Howard Mann, who partnered with Katherine Jackson on a book about her family, acknowledged to CNN Wednesday that he gave the controversial documents to Times reporter Harriet Ryan.

Mann said he obtained the documents from various sources, but none of them came from the Jacksons or their lawyers. Some of the documents were part of discovery in other cases, including the criminal trial of Dr. Conrad Murray, he said.

"The Times does not comment on sources," Ryan said in response to CNN's request for comment on Mann's claim that he gave them to her.

Mann was involved in a bitter copyright dispute concerning that book with Jackson's estate at the time he gave the reporter the documents, but the lawsuit was settled earlier this week.

AEG lawyer Marvin Putnam, who said Tuesday that he had "unequivocal evidence" showing that MIchael Jackson's mother and her lawyers leaked the e-mails, has asked the judge in the wrongful-death suit to punish Jackson with fines and exclude the e-mails as evidence in the case.

"The documents released to the press were given to Mrs. Jackson and her attorneys -- and to no one else -- confidentially in discovery and subject to a court order," Putnam said Tuesday.

On Thursday, he called it "convenient that Howard Mann -- a longtime business partner of the Jackson family -- has come forward in this fashion."

"Whether these documents were leaked through an intermediary or directly by Mrs. Jackson and her counsel, this remains an egregious violation of the court's order requiring immediate sanctions and an investigation," the AEG lawyer said.

Putnam accused Jackson and her lawyers of leaking the documents -- despite that their "publication hurts her son's memory and her grandchildren more than anyone else" -- because they "know they cannot win on the law and are losing control over the case."

"After months of discovery, plaintiffs now know what we have known all along -- there is nothing to support their claims," the AEG lawyer said.

Jackson lawyer Kevin Boyle said the admission by Mann that he was the source of the e-mails should settle the matter.

"He (Mann) definitely never received any documents from Katherine, Prince, Paris, or Blanket Jackson, nor from their lawyers in the wrongful death suit against AEG," said Jackson lawyer Kevin Boyle. Prince, Paris and Blanket Jackson are Michael Jackson's children.

Boyle criticized AEG's lawyers for their haste in pointing the finger at the Jacksons.

"AEG made these accusations against the Jackson family and their lawyers apparently without doing even the most rudimentary investigation," Boyle said. "We are further disturbed that the motion for sanctions filed by AEG was given to the press before it was served on Katherine Jackson or her counsel."

If the AEG lawyers had reached out to the Jackson lawyers earlier, they could have helped solve the mystery of the leaked documents, he said.

"AEG has known about the alleged leak since a week before the article was published," Boyle said. "AEG never contacted the Jackson's counsel to inquire about the article or the documents."

The documents made public in the Times story are not the most damaging to AEG that were uncovered, Boyle said.

"We can assure you that we are in possession of documents that make for an extremely compelling story in the wrongful-death case, and that completely support the plaintiffs' claims," he said.

CNN has learned from a lawyer for an insurance company embroiled in a lawsuit with AEG that Mann approached him several weeks ago offering the same documents to help their case against the promoter. The company declined to follow up since they did not know their authenticity, attorney Paul Schrieffer said.

Mann alerted the lawyer Saturday that the e-mails would be published in the newspaper Sunday, Schrieffer said. "The first time we saw these documents was in the Los Angeles Times article."

The existence of the e-mails, which were not turned over to the insurance company during the discovery phase of the case, have complicated AEG's effort to prevent a court from voiding the $17.5 million policy that AEG purchased through Lloyds of London, he said.

"We are looking for information about Michael Jackson's prior drug use and the failure of AEG to disclose the facts and what the truth was prior to our client's issuance of the policy," Schrieffer said.

The AEG lawyer said the insurance company can expect to get the e-mails eventually.

"It appears the lawyers for the insurance company did what any ethical lawyer would do: they refused to receive documents leaked in violation of the Court's order. And I have every reason to believe the insurers will now receive those same documents as discovery continues," Putnam said.

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

Some information :

Estate's only involvement in AEG - Jackson lawsuit is in regard to Michael's medical records. Estate as the representative of Michael claimed patient - doctor privilege and was against giving Michael's medical records. Judge ruled against MJ Estate and said Michael's medical records will be a part of discovery. Estate then pushed for a protective order in regards to Michael's medical records. Now the doctors send Michael's medical records to MJ Estate, MJ Estate goes over them, redacts any personal and irrelevant information and then marks them confidential and sends it to parties.

-------------------------------

AEG wants to get Jermaine Jackson's book drafts.

Media reports parties want to depose Arnold Klein

-------------------------------------------------

I have some tidbits

Randy has papers from Michael's briefcase, the notes from his house and the private family autopsy results.

and if it's not cancelled Randy is being deposed today

-------------------------------------------------

October 2012

Got the AEG motion files, it's a lot of back and forth emails between AEG and Katherine's lawyers trying to set date for depositions and cancellations and trying to set dates again. They spent 10 months trying to depose Randy and Jermaine.

Hearing had happened on October 5 and judge ORDERED Randy and Jermaine to sit for deposition within 21 days , in other words by October 26.

There's still 6 months till the discovery cut off date but it seems AEG is trying to get everything done by the summary judgement cut off date which is in 2 months - December 2012.

-------------------------------------------------

I still can't see documents filed by KJ side but from AEG documents it can be understood that they filed declarations saying they didn't leak the documents / emails. KJ's lawyers then blame multiple parties - initially Lloyds , then Mann acted alone, a secret criminal that broke into lawyers offices and took the documents , a rogue contract attorney, AEG's lawyers and leak before confidentiality agreement was signed etc.

Lloyds is cleared as they didn't have access to all documents, neither did AEG lawyers some documents were only provided to KJ's lawyers, document production only started was after confidentiality agreement, Mann couldn't have done this alone as he didn't have access to those either. A secret criminal wouldn't have access to the stamped docs too. No contract attorney had access to those documents either.

Mann is caught because 1 day before the article he sends an email to Lloyds lawyers saying he's the source and look out for the article about AEG. Mann later call his email stupid and his actions stupidity that started all this.

KJ's lawyers asked AEG to withdraw their motion stating that they didn't have the "smoking gun" and they can't blame KJ as there could be many other possible scenarios- AEG refused. KJ's lawyer now asking sanctions against AEG. AEG is firm in their position that there could be no other possible scenarios, Mann couldn't acted alone and he's too connected to Katherine to be considered a third party.

AEG hired a forensic expert for the documents, who determined that Ortega documents came from the copies given to KJ's lawyers for certain. Even though Ortega gave the same documents to Lloyds, AEG and KJ's lawyers, Lloyds documents had a large confidential mark over them (like how we do with documents), the copies didn't have those. The copies given to KJ's lawyers and AEG's lawyers were hand stamped which meant the confidential stamps were at different locations. It was a perfect match to the copies given to KJ.

The leaked AEG Live emails also had the same copier marks (a ghost line on the right side of the paper) as KJ's lawyers printer. So the forensic expert says he believes those leaked AEG emails were copied / printed at KJ's lawyers office. Confidential stamps were cut. (He can't say for sure because he didn't have access to the copier / printer machine)

Mann refused to identify his sources citing journalistic confidentiality. No one else sat for depositions. AEG wanted to depose Katherine and her lawyers.

Mann says he gave a box of documents to the reporter and did not know what was in the box. he now says there might be other sources.

Mann says his friend Randall Sullivan introduced him to Perry Sanders whom he recommended Katherine to hire. Mann says he has a copy of Sander's retainer agreement with Katherine. It should have been a confidential document / private document for Katherine and no access to Mann. AEG uses this to argue that the documents could have been given to Mann by Sanders.

KJ's assistant said KJ's lawyers brought a binder of documents to KJ's house in spring. She said she doesn't know what happened to binder.

AEG wanted to bring a forensic computer specialist and examine computers of both sides of attorneys. KJ's lawyers refused.

AEG wants sanctions, further investigations and depositions by a special master.

-------------------------------------------------------------

Let me add this as well

http://www.scribd.com/doc/110489504/AEG-Reply-Motion

---------------------------------------------------------


AEG has filed multiple documents on October 17. The 12 page motion that I posted in full publicly.

The rests are
- multiple sworn statements that they (AEG lawyers did not leak the documents).
- the forensic document expert report - which is highly redacted and the findings are nicely summarized in the motion
- parts from Howard Mann and Janice Smith (Katherine's assistant) depositions.

I'll now provide some more info based on the partial depositions.

Janice Smith snippets is really short and it just consists of her saying in spring 2012 Katherine's lawyers brought a big binder of documents to Katherine's house to go over them. Janice didn't see the documents, Janice doesn't know what happened to the binder.

AEG is using this to debunk Katherine's sworn statement in which she said she was not ever in possession of the confidential documents.

Mann's deposition is like I said is also partial. Mann's connection to Sanders through Sullivan, how he got him hired, and how he got Katherine's personal retainer agreement is used to show it's a possibility that Sanders might have given documents to Mann. Briefly Lowell Henry giving documents previously as well is also mentioned. So although the examples of documents given by Sanders and Henry is not relevant to this case they bring the suspicion that they might have given other stuff as well.

Katherine's business agreements with Mann is also explored - there's nothing that we don't know - to demonstrate that Mann has close ties to Katherine and not just a random outsider third party.

Mann is really vague about what he gave to LA Times reporter. He says he doesn't know what he gave to her. He says he only knows the box had a copy of the will and the trust he got it from the internet and he doesn't know the 99% of the rest of the documents. This seems fishy given that he sent an email to Lloyds stating to look out for the article about AEG's inside dealings.

It turns out Alan Duke found about the email Mann sent to Lloyds (probably Lloyds were denying that they were the leak and telling everyone what Mann sent to them) and asked Mann to confirm. Of course at that point Mann calls his email to Lloyds as stupidity and the thing that started this all. He wasn't very smart in hiding his involvement.

He says Radar Online and News of the World reporters also told him that they had access to these documents / emails. He denies giving it to them. Mann really trashes Radar Online and also says that he worked with / employed News of the World before. (Didn't News of the World was the one that leaked Michael's trust documents?)

Mann says it's true that he got some of the stuff from the fans but the rest is not filed. So we don't know the details.

Mann explains his actions as to formulate a relationship with Lloyds and LA Times reporter. He wanted to exchange information and become a common adversary to MJ Estate. It seems like he emailed Lloyds before about "MJ Estate / AEG fraud" which Lloyds ignored too.

Now you are going to ask what is the "MJ Estate / AEG Fraud". Mann believes the insurance money should have been directly paid to the beneficiaries and MJ Estate and AEG is in an active fraud to get the money to themselves. What Mann fails to realize is that it's Lloyds who filed that lawsuit not to pay anything to anyone. He also fails to understand that this was a cancellation policy that MJ Company was a party. It wasn't a personal insurance.

Mann mentions 4 additional sources but refuses to name them or provide any information based on journalistic privilege.

Oh and not surprisingly we learn that Randy Phillips and Roger Friedman had exchanged emails about Michael dating back to at least 2009. So KJ's lawyers claims that Phillips is the source of Friedman's articles how AEG will seek sanctions against the leaks. They also claim AEG gave the motion to Friedman before they were served. AEG counters this saying that Friedman got it after it was filed publicly. (Normally parties first file the motion with the clerks office and then serve it to the opposite side overnight. So any reporter can get the motion earlier if they get paper copies from the clerks office as they are filed)

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

It's the same for Jermaine

-----------------------------------

Media report

AEG wants e-mails banned from Michael Jackson trial
By Alan Duke, CNN
updated 3:57 PM EDT, Wed October 24, 2012
STORY HIGHLIGHTS
AEG accuses the Jacksons of leaking e-mails in violation of the judge's order
"It is clear that only one entity could have done it," AEG lawyer Marvin Putnam says
The e-mails reveal AEG had doubts about Jackson's health months before his death
"He has accused 10-year-old Blanket Jackson," Jackson lawyer Kevin Boyle says
Los Angeles (CNN) -- Michael Jackson's mother sat quietly in court on Wednesday watching as her lawyers fought loudly with attorneys for AEG, the concert promoter she accuses of contributing to the pop star's death.
They argued over who leaked e-mails to a reporter that revealed the promoter had doubts about Jackson's health and his ability to be ready for his "This Is It" concerts several months before his death.
"MJ is locked in his room drunk and despondent," AEG executive Randy Phillips wrote in a March 5, 2009, e-mail, the day Jackson announced the tour plans. "I (am) trying to sober him up."
The judge must decide if she will exclude those e-mails from the wrongful-death suit filed by Katherine Jackson and her son's three children against AEG.
Jackson died of an overdose of a surgical anesthesia in combination with sedatives on June 25, 2009, according the the Los Angeles County coroner. Dr. Conrad Murray, who was hired to be Jackson's personal physician as he prepared for the shows, was found guilty last year of involuntary manslaughter in his death.
The Jackson suit contends that AEG contributed to the pop star's death by pressuring him to prepare even though the promoters knew he was in a weak condition and by its hiring and supervision of Dr. Murray.
The judge overseeing the case sealed those documents. AEG filed a motion accusing the Jacksons and their lawyers of leaking them to Los Angeles Times reporter Harriett Ryan, who used them for a story she published in September.
"It is clear that only one entity could have done it," AEG lawyer Marvin Putnam said. The cache of e-mails, which the reporter shared with AEG, have "certain unique characteristics" that prove they were given to the Jackson lawyers by AEG as part of discovery in the wrongful-death lawsuit, Putnam said.
AEG asked Los Angeles Superior Court Judge Yvette Palazuelos to punish the Jacksons by not allowing them to use those e-mails in next year's trial when they try to prove the promoter is liable for Michael Jackson's death.
"He has accused 10-year-old Blanket Jackson," Jackson lawyer Kevin Boyle said, pointing to Putnam. "What's the idea, that Blanket Jackson got some documents and copied them and somehow walked them from Calabasas to Harriet Ryan?"
Jackson lawyers denied anyone associated with their legal team or their clients leaked the e-mails, even suggesting AEG lawyers may have done it themselves as a set up.
"They could have easily disclosed all of these documents with zero punishment from the court," Boyle said.
Ryan has refused to disclose her sources, although Howard Mann -- who was once Katherine Jackson's former partner in a book venture -- has acknowledged that he gave the reporter a box of documents for her story.
Days after the e-mails were published, AEG dropped its claim against a Lloyds of London underwriter for a $17.5 million insurance policy for Michael Jackson.
The insurer contended AEG hid Jackson's health problems and failed to respond to repeated requests for his medical history when applying for insurance for the 50 shows scheduled for London's O2 Arena.
The Michael Jackson estate, which controls Michael Jackson Company LLC, is still pursuing the insurance payout.
Perry Sanders, who is Katherine Jackson's personal attorney, told the judge that the Jacksons had no motive to leak the e-mails.
"Like we would go and blow up our own case against Lloyds of London?" Sanders said. "Our client and all the plaintiffs in this case are actually the ones who would receive the money."
Sanders also noted that AEG had failed to disclose the e-mails to the Lloyds of London lawyers despite a legal requirement to do so.
While publication of the e-mails might have made AEG look bad, they were "extremely negative against Michael Jackson," painting him "as a basket case," Jackson lawyer Deborah Chang said.
"It's much more negative about Michael Jackson than it is about AEG, by far," Chang said.
The Jackson lawyers accused AEG of using the e-mail issue as a way to delay the wrongful-death trial.
"They've been very successful in tying us up completely and I am sure they are giggling about it back in the office," Boyle said.
AEG previously convinced the judge to delay the trial, which was set for last month, until next April.
"This case is so strong that we very stringently argued this case should have gone to trial in September," Sanders said. "The only people that seem to be trying to keep this case from going forward are the defendants."
The anger and passion between the six Jackson lawyers and AEG's Putnam was evident with personal charges of bad ethics flying from both sides in court Wednesday.
"I've never seen anything like it in my career," Jackson lawyer Brian Panish said. "They think they can just smirk around and make these defamatory statements without evidence."
The documents made public in the Times story are not the most damaging to AEG that were uncovered, Boyle told CNN.
"We can assure you that we are in possession of documents that make for an extremely compelling story in the wrongful-death case, and that completely support the plaintiffs' claims," he said.
It was unusual for the 82-year-old Katherine Jackson to attend such a hearing, suggesting the case is also very personal for her.
The revelations from the leaked e-mails including one written by Randy Phillips weeks after Jackson's death in which the president of AEG Live -- the concert-promotion branch of AEG -- called it "a terrible tragedy," but adding "but life must go on."
"AEG will make a fortune from merch sales, ticket retention, the touring exhibition and the film/dvd," Phillips wrote. In fact, AEG Live was allowed to sell Jackson tour merchandise and share in the profits from the documentary "This Is It," produced from rehearsal video.
The e-mails suggest AEG Live's president saw Jackson's problems first-hand the day the pop star was to appear at the O2 Arena to publicly announce the shows.
"MJ is locked in his room drunk and despondent," Phillips wrote in the March 5, 2009, e-mail to AEG Live's parent company, the paper reported. "I (am) trying to sober him up."
"I screamed at him so loud the walls are shaking," Phillips wrote. "He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it is show time."
The promoter blamed London traffic when Jackson was 90 minutes late for the announcement that day.
"He's as healthy as he can be -- no health problems whatsoever," Phillips told CNN two months later to refute reports Jackson's health was threatening the concerts.
The Los Angeles Times story, however, said the e-mails indicated major doubts about Jackson's ability to perform.
"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants," AEG Live executive Paul Gongaware e-mailed to Phillips.
Jackson's missed rehearsals in June triggered concerns in e-mails that he was slow in learning his dance routines and would have to lip-sync on stage, the newspaper reported.
"MJ is not in shape enough yet to sing this stuff live and dance at the same time," one e-mail from the show's music director read, the paper reported.
A production manager wrote: "He was a basket case. Doubt is pervasive."
A loud warning from show director Kenny Ortega, who worked closely with Jackson on previous tours, came in mid-June, just over a week before his death. Ortega wrote to Phillips that Jackson had "strong signs of paranoia, anxiety and obsessive-like behavior" and suggesting they bring a "top psychiatrist in to evaluate him ASAP."
"It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state," Ortega wrote. "I believe we need professional guidance in this matter."
Ortega testified at Murray's trial about his concerns about Jackson's frail condition and missed rehearsals. It resulted in a meeting six days before Jackson's death in which Murray assured the promoters he would have Jackson ready for rehearsals that next week.
An e-mail from Phillips after that meeting said he had confidence in Murray "who I am gaining immense respect for as I get to deal with him more."
"This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical," Phillips' e-mail said.

http://www.cnn.com/2012/10/24/showbi...ing/index.html

-----------------------------------------

Randy Jackson's deposition is set for November 6.

They filed it on October 25th saying they had a hard time communicating and organizing a deposition date. At the end Randy says he would sit for his deposition on November 6th. AEG lawyers agree to this date and they ask the judge to approve it so that Randy won't be in contempt of court.

The judge approves the delay saying that Randy would sit for his deposition on November 6th.


And a note : as there's no extension filed for Jermaine, it's safe to assume that he sat down for his deposition.

---------------------------------------

November 2012

AEG has lost their motion for the sanctions due to leaks. Judge thinks that there are conflicting expert reports due to the source of the leak and AEG has not been able to show a willful act and a high potential for damage. So the emails is still evidence and there won't be any monetary sanction.

Judge also approved the seal of the court documents that include the leaked emails.

As far as I can see the judge wanted to see some more evidence and it was too circumstantial for the judge to make a ruling.

We didn't see KJ's experts - as there was a confidentiality and sealing issue. Apparently they challenged AEG's expert report saying that he omitted some stuff and argued that with the evidence that it can't be determined either way. Judge also says that it cannot be ruled out that some other people had some part in it - mainly focusing on Mann. So it's too circumstantial for the judge to make a ruling, conflicting reports and other possibilities (although far fetched some instances) makes it harder.

Judge also thinks that any jury issue can be solved with clear jury instructions.

 

[ivy]

Read the judge's order yourself

http://www.scribd.com/doc/112609931/Order-on-AEG-s-motion-for-sanctions

---------------------------------

To answer the question judge had two main issues

1. Conflicting expert reports : AEG's expert said that the documents can only come from Katherine's side by comparing trash marks (copier marks on the documents). Katherine's experts said the document quality was too low to make a determination and that AEG's expert ignored some of the marks.

2. Failure to show willful breach: Even though Mann could have been the source, AEG failed to show a willful breach - in other words they couldn't demonstrate KJ's lawyer saying to Mann "here take this and leak it". Judge thinks it's possible some other scenario might have happened - for example think about the "secret criminal" theory. For example imagine KJ's lawyers took her a binder of documents to examine and Mann takes stuff from those with no one knowing. So that's not a willful breach.

In other words it was too circumstantial for the judge.

--------------------------------------------------

Judge granted Katherine's lawyer's request and said that Tohme needs to sit down for his deposition by January 11.

---------------------------------------

Taunya Zilkie deposition by AEG will continue on January 10, 2013. She agreed to answer questions she previously didn't answer including questions about her relationship with Randy Jackson as well as business dealings between Michael and Randy.

----------------------------------------------

January 2013

It's a deposition subpoena so yeah they want Murray to sit down and answer their questions

-------------------------------------------------

It looks like Katherine's lawyers have sent a document production request to the LA Coroner. They are asking for x-rays (listed on pg 10 of autopsy report) and pathology slides (listed at pg 9 of autopsy report).

LA Coroner has filed objections for several reasons

- Estate who happens to be the legal representative of Michael was not given notice.
- Estate had previously (at Lloyds lawsuit) had asserted right of privacy.
- Pathology slides are considered to be remains of a decedent and it will either require consent from the legal representative (Estate) or a court order.
- X-Rays are photographs / negatives of decedent's body and they are considered to be confidential and privileged by law and cannot be copied.

------------------

applicable law cited by coroner - California Code of Civil Procedure Section 129

Notwithstanding any other provision of law, no copy, reproduction, or facsimile of any kind shall be made of any photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the coroner, except for use in a criminal action or proceeding in this state that relates to the death of that person, or except as a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days
before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.

This section shall not apply to the making of such a copy, reproduction, or facsimile for use in the field of forensic pathology, for use in medical or scientific education or research, or for use by any law enforcement agency in this or any other state or the United States.

This section shall apply to any such copy, reproduction, or facsimile, and to any such photograph, negative, or print, heretofore or hereafter made.

------------------------------------------------

Media Report

Michael Jackson’s Mom’s Gets Court Favor
Posted Wednesday, February 06, 2013-4:07 pm

LOS ANGELES (CNS) – Attorneys representing Michael Jackson’s mother in her lawsuit against the promoters of the concert tour he was preparing for at the time of his 2009 death have obtained a court order directing the coroner’s office to provide copies of slides and X-rays regarding the late singer.

Los Angeles Superior Court Judge Yvette Palazuelos issued the order Tuesday during an unscheduled hearing, finding that there was good cause to grant the request. Katherine Jackson, 82, and her late son’s three children allege AEG Live negligently hired Dr. Conrad Murray to care for him. The singer was set to perform 50 shows in London for AEG Live, but died on June 25, 2009, of acute propofol intoxication in Los Angeles while rehearsing for the concert series.

The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and grandchildren Michael Jr., Paris-Michael Katherine and Prince Michael.

The Jackson family matriarch’s attorney, Kevin Boyle, stated in his court papers that the items obtained will be helpful in preparing for trial in his clients’ case against AEG Live.

“These materials are undoubtedly relevant to this wrongful death case,” Boyle wrote. “The X-rays and slides will assist counsel and retained experts in presenting trial testimony and performing analyses relating to liability and causation.”

The analyses are necessary because AEG Live disagrees that negligence by Murray, Jackson’s personal physician, caused the pop star’s death and refuses to acknowledge that that the singer himself had no fault for bringing about his own death, according to Boyle’s court papers. wtf????????

“Accordingly, these X-rays and slides may be used by (plaintiffs&#8217 attorneys and shown to expert witnesses in their preparation of this case,” Boyle wrote.

Murray was convicted of involuntary manslaughter in Jackson’s death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail

http://sanmarinotribune.com/2013/02/...t-court-order/

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

We are in the phase where one party files a summary judgment motion asking to dismiss all or parts of a lawsuit before it goes to trial. AEG has just filed their summary judgment motion in an attempt to dismiss Katherine Jackson's lawsuit against them.

I will post a brief info and post the documents and then update the thread with the summaries etc. Feel free to read, comment and summarize as well. We are opening this thread first at News and Happenings due to significance of it, later it'll be moved to Trials and Tribulations.

AEG Live, Gongaware and Phillips has filed their own summary judgment motion. I'll be posting the documents for it.

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting it but mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Almost all depositions AEG cite are marked confidential and filed under seal.

http://www.scribd.com/doc/115405475/AEG-Summary-Judgment-Motion

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.

In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.

A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.

A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.

AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.

AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.

A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.

AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)

AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.

AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.

AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.

B. Negligent undertaking

B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.

B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)

4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.

C. Lack of foreseeability

AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.

D. Hiring, training and supervising Murray

AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.

Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.

AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.

AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.

---------------------------------------------

Some tidbits from the additional documents and not redacted parts

Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA. (Ivy's note: This seems to AEG's evidence that Michael's relationship with Murray dated long before they came into picture)

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.

Phillips and Gongaware say that their meetings with Murray was limited to 2-3 meetings.

Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence. (Ivy's note: Which can be used in trial as these people didn't recognize the effects of the drugs , it'll be impossible for us to recognize it.)

The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.

Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.

AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.

------------------------

Oral arguments are set for February 13, 2013. After the oral arguments court would take some to come to a decision.


------------------------------------------------------------------------

I'm going to give information about all the documents I got and what they consisted of

Summary Judgment motion filed by AEG Live, Gongaware and Phillips

This is the file in the first post and summary of it is provided.

Redacted declaration

This is the supporting document for the summary judgment motion that consists of 36 exhibits - most of which are redacted and/or sealed. These are the stuff that can be seen from it.

- Katherine Jackson admits that Murray was not the only doctor that was treating Michael in the last few months and weeks of his life.
- Katherine Jackson admits Murray was a licensed doctor.
- Katherine Jackson admitting Michael did not have mental deficiency.
- Katherine Jackson admitting Michael was intelligent.
- Katherine Jackson admitting that Michael received Propofol from other doctors than Murray.

- Michael's kids admitting that Michael said positive things about Murray.
- Michael's kids admitting they did not know Michael was receiving Propofol from Murray.
- Michael's kids admitting that the access to Michael's rooms were restricted for many people but they had access.

- AEG Live saying that the TII deal included Tohme Tohme, Dennis Hawk and Peter Lopez representing Michael.
- Although not clear AEG lists a group of people Murray, Dileo, Gongaware, Phillips, Ortega and Michael Amir Williams as an answer to a question. This might be the people that attended the "riot act" meeting.

- AEG denies telling Michael to stop take any medication, stop to see any doctors. AEG also says they did not tell Michael to take any medication or see any doctor.
- AEG says they never paid Murray.
- AEG denies any knowledge of Propofol.

- LA Coroner gave 1563 pages of documents to the parties.
- LA District Attorney produced 108 discs containing 12,196 pages of their criminal investigation.

- Michael's kids saying they aren't sure when they first met Murray but believed it to be either Bahrain or Las Vegas.
- Michael's kids saying they saw Murray at Las Vegas and started to see him more often after they moved to Carolwood.
- Michael's kids saying they saw IV fluids but thought these were for nutrition.
- Michael's kids saying they spent 2 hours at night and 1 hour before he went to rehearsal with Michael between June 23rd and June 25th. (Note: I think they are trying to say they saw Michael for 2 hours at June 23rd night and 1 hour on June 24th before he went to rehearsal).
- Paris saying Michael once told her to give money to Murray but he refused. Murray refusing to take money from Michael.
- Paris saying Michael was anxious about flying and took medication before he went on a plane.
- Paris saying Michael loved to stay up late and listen to music.
- Paris saying Michael seemed to be nervous and seemed to have a lot on his mind the last month before his death. Michael saying the schedule was too much.
- Paris saying during the week he died Michael's body temperature would go from cold to hot and from hot to cold.
- Paris saying that she discussed Michael's death with Latoya and Latoya saying she would get to the bottom of who killed Michael.
- Paris saying Katherine got some personal items of Michael from Carolwood and also brought Paris clothing of Michael that smelled like him.
- Blanket almost not remembering anything and saying he attended some rehearsals with Michael but don't remember a thing. He remembers Michael wanting TII footage to be 3D.

- Kai Chase stating she was sometimes at the house working for 12 hours a day.
- Kai Chase saying she never went upstairs.
- Kai Chase saying sometimes she wasn't paid on time but Michael Amir told her not to discuss her paycheck with Michael.
- Kai Chase saying Michael Amir telling her Tohme wasn't a nice person.
- Kai Chase saying that she first heard of Murray in April 2009 and first saw him at Carolwood at the first week of April.
- Kai Chase saying she saw Murray carrying oxygen tanks and found it strange.
- Kai Chase saying she never saw Michael to take drugs and never suspected anything.
- Kai Chase saying she didn't know Michael used her name on prescriptions.
- Kai Chase saying she didn't know what Propofol is.

- Katherine Jackson saying Gongaware was on a tour with Michael in the past when a doctor was present and he knew or should have known Murray was administrating drugs nightly to Michael.
- When asked "how do you know AEG demanded Michael to take medications only given to him by Murray", Katherine responding "the people in riot act meeting will testify to that".

- Roselyn Muhammed saying she didn't know any drug use and Michael liked good health. Roselyn saying she didn't suspect any drug use.
- Roselyn saying Grace told her about an intervention but she didn't know when it happened.
- Roselyn saying she didn't know Michael suffered from insomnia.
- Roselyn saying she didn't know what Propofol is
- Roselyn saying one day Michael complained of being cold. Held his hand out for her to feel it and she felt it and it was very cold. She told him to sit in front of the fireplace and she'll get him hot soup. And she brought him back either hot soup or hot tea.

Tim Woolley Declaration

Woolley is the accountant for the TII tour. He basically summarizes his interactions with Murray. He's told my Gongaware to talk to Murray about a contract. He makes the first phone call at May 8, 2009. He says this was a mundane phone call to gather information. He confirms this phone call with an email on May 8th and May 14th as he got no response. Murray responds May 15th asking him to send him a draft of a contract so that Murray's lawyer can take a look over it. May 28th Murray emails Woolley asking for "good faith" salary payment, Woolley refuses this request saying AEG only pays when there's an fully executed agreement. June 4th Murray sends and email asking about how the draft of the contract going on. On June 16th Woolley sends the first draft of contract to Murray. June 19th Murray emails him his revised version of draft of the contract. June 23rd Woolley emails Murray asking some personal details (date of birth etc). June 24th Katie Jorrie emails the third draft to both Murray and Woolley.

Paul Gongaware Declaration

Gongaware saying when they produce a tour they would advance the costs on artists behalf and the artist is responsible for it and pays it back from his/her share. (He makes it sound like the TII deal was a standard deal that they do). He says this gave Michael significant control over the tour staff and he choose those people himself.

Gongaware saying he tried to convince Michael to get a UK physician but he wanted Murray adamantly. Gongaware says he told this request to Phillips and he tried to change Michael's mind as well. So Gongaware says he ultimately agreed to facilitate the contract with Murray at Michael's request. He called Murray late April - early May and Murray asked for $5 Million. Gongaware calls this demand unreasonable and tells it to Michael. Michael counter offers $150,000 a month and Murray agrees.

Gongaware then delegates the contract issue to Woolley who got Katie Jorrie to help. Gongaware says he didn't see the drafts and had no involvement in the contract phase.

Gongaware gets one email on June 14 but the information about the email is redacted.

Gongaware says he met with Murray once (seems to be June meeting) to discuss Michael's nutrition and stamina. Gongaware says Murray told him Michael is in good health and he didn't need anything from AEG. Gongaware states that he didn't supervise Murray's treatment.

Gongaware says Michael asked him to change the tour schedule in April or May and they did so to put more days between performances. Gongaware says Michael did not make any more requests to him and Michael did not ask the tour to be postponed or cancelled.

Gongaware says he never tried to prevent Michael from seeing any doctor, he never told Michael or his doctors what medicine he should or should not take. Gongaware says he never required Michael to take propofol and he didn't have any idea Michael was taking Propofol until he read it reported in the media after Michael's death. Gongaware says he didn't know what Propofol is.

Gongaware says he didn't provide medicine or equipment to Murray. He says Murray only mentioned he might need some medical equipment in London in their first May 2009 phone call but he never told what specific equipment he might need to Gongaware and never asked Gongaware for any equipment.

Gongaware repeats he asked Murray in June 2009 if he needed anything from AEG and he said he did not need anything.

Gongaware says Murray assured him Michael's was in excellent health and Gongaware personally did not see anything to suggest otherwise.



Katie Jorrie Declaration

Jorrie says she drafted the agreement between Michael and AEG Live. She says the contract had multiple revisions based on the requests coming from Michael's people.

Jorrie calls the MJ - AEG Live agreement very favorable to Michael. She says AEG was advancing substantial amounts not only for the production and promoting costs but they also gave substantial cash advances to Michael to pay his debt, rent and to buy a second home.

Jorrie says MJ had the right to select his touring staff and as agreed AEG Live was advancing their salaries and Michael being responsible for those expenses.

Tim Woolley asks Jorrie to draft an independent contractor agreement for Murray in late May 2009 - early June 2009. Murray tells Jorrie that he has been treating Michael for 3 years.

Jorrie says she sent the first draft on June 15. She got a call from Murray on June 18th. Murray asked her who will sign the contract and if he will need to refund any salaries back if the tour gets cancelled or if Michael fires him. They also discussed if Murray would hire someone to assist him in London and why a CPR machine was needed.

Murray tells her he was licensed in 4 states and CPR machine was customary to have at hand for performances. Murray never requested any equipment from her. She says that Murray made it clear that he had yet to select a medical person to assist him and she understood that Murray would select the precise equipment he wanted AEG Live to provide him at London.

Jorrie says she had no knowledge about Propofol and actually Murray multiple times said to her that Michael was perfectly healthy and in excellent condition.

She send the second draft on June 19 and receives another call from Murray on June 23rd. Murray asks her to change the contracts start date to May 2009. He asks her to change the end date to March 2010 from September 2009 - so this way Murray would be paid during the tour break as well. Murray also asked her to change the wording that says "provide services requested by producer" to "artist".

Jorrie says she asked if Michael was aware and agreed that Murray would be paid during the tour break and Murray tells her yes. She says the "provide services requested by producer" was because of they used a standard vendor form for the draft and she immediately agreed to change it to artist. Jorrie says at this time she also asked Murray for help to gather Michael's medical records for the cancellation insurance.

Jorrie send the third draft to Murray on June 24. Murray calls her saying that he will go to rehearsal that day and he had went to the rehearsal the day before (June 23) and Michael was amazing. Murray faxes her the signed contact on June 24.

Randy Phillips declaration

Phillips says the talks with Michael started summer or fall of 2008. He says Michael's reps told him that Michael was in debt but rather than to sell his assets to pay his debt he preferred to go on a tour. Phillips says that for months they have negotiated an agreement and it was finally signed January 2009.

Phillips again mentions - Like Gongaware - when AEG produces a tour they advance the costs but the artist is responsible for those. (again they make it sound like this is standard way of how they do their deals) Phillips says that this actually gives the artist control over the tour, that he choose his staff, his vision determined what will be done and so on.

Phillips says that after he heard from Gongaware that Michael wanted to bring his physician, he talked to Michael to convince him to hire a UK doctor because he thought an American doctor would require some specific / temporary license to practice at UK. He says that Michael was very firm and he wanted his long term personal physician Murray. Phillps says he told Michael he would tell this to Gongaware.

Phillips says he was not involved in negotiations or drafting with Murray. He says he never signed any contract with Murray.

Phillips says he first met Murray at an early June meeting at Michael's home. He says that he spoke to Murray 2 -3 times and it was about the concerns raised by tour staff about Michael's attendance, nutrition and stamina. He says both Murray and Michael assured him that Michael was in good health. Phillips says he also mentioned Murray that Michael seemed sedated after seeing Klein.

Phillips says his last meeting with Murray was on June 20 - and it was requested by Dileo. He says Michael, Murray and Ortega was at this meeting. Murray tells them that Michael is in perfect health - so does Michael. Murray tells them not to discourage Michael from performing and bluntly tells them leave the medical care to him and focus on the tour. Michael and Ortega comes to an agreement about rehearsal schedule they are both happy with. Phillips says Michael never told him he needed medical care or he wanted the tour to be postponed.

Phillips says that he attended two rehearsals on June 23rd and June 24th and Michael was brilliant, healthy, energetic.

Phillips says he's not a medical doctor and did not supervise Murray. Phillips ends with statements that he learned the use of medicines after Michael's death, he never told Michael what doctor to see or not see, he never told Michael not to take any medicine, he never required Michael to take Propofol and he didn't even knew what Propofol is and he had no suspicion that Murray was giving Michael Propofol.

Summary Judgment Motion for AEG Inc. and Leiweke

As I mentioned before AEG Inc. (parent company) and Leiweke (CEO of AEG Inc.) has filed a separate request for dismissal based on the claim that they had no relationship or connection. AEG Inc. says they had no involvement in any TII contract, only Leiweke had attended a few meetings with Michael and neither Leiweke nor any AEG Executive had never met or communicated with Murray.

AEG Inc. points out that any deal was between Michael , Murray and AEG Live and a parent company cannot be held responsible for its wholly owned subsidiary.

Declaration

This is the accompanying declaration for the above summary judgment for AEG Inc. and Leiweke. It only consists of 4 exhibits. It has Michael - AEG Live contract, Murray draft agreement, deposition of CFO of AEG Inc. stating AEG Live is a wholly owned subsidiary of AEG Inc. and that AEG Inc. never saw or had any involvement in Michael contract and Murray contract draft, and AEG Inc. written answers repeating that the above mentioned points.

Leiweke Declaration

Leiweke says he met with Michael one or two times to discuss about a potential tour deal in the fall of 2008 in Las Vegas. He says these were preliminary meetings and they did not include negotiations about the tour. He says Michael's heath was not discussed in those meetings. Leiweke says AEG Live kept him updated about the developments but Leiweke and AEG Inc. had nothing to do with negotiations and drafting of Michael's contract as well as they had nothing to do with Murray negotiations and contract. Leiweke says they (Leiweke and AEG Inc.) had absolutely no involvement with Murray as they never met and communicated with him.

Two sets of Undisputed Material Facts

These are the claims that that the parties are making to be an undisputed fact such as "Leiweke did not sign TII agreement". Other side will have the option to accept or object to these facts.

Judicial notice

These are the stuff that they are wanting the court to make note of such as contract laws in California, Murray's medical board disciplinary record history, criminal trial verdict and so on.

Motion to seal documents

This is a motion to ask the court allow these documents to be filed under seal based on the protective order. This is what is causing many documents to be filed under seal and/or redacted.

-------------------------------------------------------

 

[ivy]

Re: Katherine Jackson vs AEG Live - Case summary

While we are waiting for the final order on motion for summary judgment , I give you AEG's redacted reply to Katherine Jackson's opposition to the motion for summary judgment. We didn't see what Katherine's lawyers have filed but AEG's reply can give us an idea about Katherine's claims.

http://www.scribd.com/doc/127473596/AEG-Reply

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I have a some little tidbits about why Katherine wants to depose Murray.

These are from the documents filed

Also on Katherine's request MJ Estate has signed a health information authorization form as representative of Michael Jackson while requiring the such information to be marked confidential. In other words Estate has given permission to Murray to discuss his medical treatment of Michael with Katherine's lawyers and labelled such information as "highly confidential".

--------------------------

oh a little tidbit. I was looking over the documents that Katherine's lawyers have filed to get the judge order Murray to sit for deposition.

Katherine's lawyers have deposed Murray's bodyguard (starting from June 26 to the time he got arrested). Apparently Murray's bodyguard has said Murray mentioned that he was owed money from AEG and Murray was frustrated that AEG did not pay him the money owed to him for his services to Michael.

This is one of the reasons Katherine's lawyers say Murray has relevant information - probably to establish an employee-employer relationship.

-----------------------------------------------------------------------------------

The 2/28 Order that Anthony McCartney reported from. Still the 2/27 order that Alan Duke referred is not "imaged" (meaning scanned and/or copied) and available.

http://www.scribd.com/doc/128521652/AEG-Case-Feb-28-Order

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From Judge's final order about AEG Live, AEG Live Productions, Gongaware, Phillips

Summary first, documents below

Claim 1 Breach of Contract

a. Special Relationship

Karherine argue AEG and MJ had a special relationship because AEG controlled all aspects of MJ's life including medical care, advisers, finances and financial future. However Katherine was not able to cite anything to back this up.

Also Katherine was unable to show that AEG had complete control over Michael's medical care as Katherine herself admitted that Michael saw other doctors even one week before his death.

So the court rules there's no special relationship between AEG and Michael.

b. Negligent undertaking

Katherine claims AEG had two undertakings : undertake Michael's medical care and provide an assistant to Murray.

For the first one judge says Katherine could not provide any case law or prove it. And as Michael was seeing other doctors, judge rule that AEG did not undertake Michael's medical care.

Judge rejects the undertaking for medical assistant as Katherine could not show it was asked for Los Angeles, Katie Jorrie testified the assistant was for London and the contract said Murray would choose the assistant - not AEG.

c. Simple Negligence

Katherine claims that AEG created a risk of harm to Michael.

Judge says financial interactions do not create a duty. Judge also states given Michael's status (greatest entertainer with experience) exerting strong financial pressures is alone insufficient to create an undue risk of harm.

Therefore Judge dismisses Claim 1 Breach of Contract

Claim 2 - Negligent Hiring, Supervision and Training

AEG argues they did not hire Murray and could not foresee the risks Murray posed.

Judge states there are triable issues.

Judge states that even though the contract was not signed, a jury must decide if Murray and AEG had a oral or implied in fact contract. Communications, Murray's expenses being budgeted and so on is listed as evidence. Judge makes a note that Michael retaining services of Murray before AEG hired him could be a factor in determining proportional damages and liability.

AEG had argued that Murray was a licensed doctor and was not disciplined and Katherine argued they should have done a more detailed background check. Judge thinks this is a triable issue given that Gongaware had experience and knowledge about "tour doctors" and Michael's previous tours and "tour doctors".

Judge also thinks whether Murray's debt could have been a reason to foresee if such doctor under strong financial pressure may compromise his oath. This is another triable issue.

Therefore this claim will go to trial.

Claim 5 Respondeat Superior

Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors.

Katherine claims that AEG hired Murray in part to ensure that Michael attended rehearsals. Judge says even this claim might be true, there's no evidence that AEG had any control over how Murray did that.

Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor.

Therefore judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.

As Katherine fails to show any evidence that AEG had any control over how (manner or means) Murray did his job, judge dismisses the respondeat superior claim.

http://www.scribd.com/doc/128772581/AEG-Live-Final-Order-2-27-2013

-------------------------------------

The final order about AEG Inc and Tim Leiweke. As the judge has dismissed all the claims against them, I will not do doing summaries. However I will post the documents for reference to interested parties.

http://www.scribd.com/doc/128773438/AEG-Inc-Final-Order-2-27-2013

Judge's final order about sealing certain documents

http://www.scribd.com/doc/128773847/AEG-Order-Motion-to-Seal-2-27-2013

 

[ivy]

Note : This is just an expert witness list. It doesn't include the other regular witnesses.

Based on a recent filing it seems AEG and Katherine Jackson is having disagreements about when to depose possible experts for Katherine Jackson's side.

I decided to post a list of the names of the experts for Katherine Jackson's side.

Please keep in mind that it doesn't mean all of these experts will be called to testify.

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23 Retained experts - Katherine's lawyers are saying 4 of these will not be called as witness.(which 4 is unclear)

Cardiologist

Alon Steinberg, MD

Cardiologist. Testified at Murray criminal trial.

Daniel Wohlgelernter, MD

Interventional Cardiology, Clinical & Preventive Cardiology

Anesthesiologist

Barry N. Swerdlow, MD

Anesthesia and Pain Medicine, Thousand Oaks, CA. 30 yrs exp

Medical School: Harvard Medical School

Emery Neal Brown , MD

Dr. Emery Neal Brown is a professor of anesthesiology at Harvard Medical School, a professor of computational neuroscience at M.I.T. and a practicing physician, seeing patients at Massachusetts General Hospital.

Hendrikus J.M. Lemmens, PhD

Professor of Anesthesia at Stanford University Medical Center


Addiction

Sidney Schnoll, MD

Sidney H. Schnoll, M.D., Ph.D. is an internationally recognized expert in addiction and pain management who applies his experience of over 30 years in academic medicine to the issues of risk management

Myer B. Shimelman. MD

Psychiatrist in Connecticut 46 yrs experience

Tour expert

Richard Barnet, PhD

Richard D. Barnet, professor of recording industry and former chair at Middle Tennessee State University, near Nashville, is co-author of This Business of Concert Promotion and Touring (Billboard Books, 2007).

David Berman


Mark Goldstein

Mark Goldstein until August 2004 was senior vice president, Business and Legal Affairs at Warner Bros Records Inc., when he retired to continue his full-time teaching at USC together with his work as a consultant in the entertainment industry.

Hiring practices / HR expert

Barry J. Nadell

Expert Witness / Consultant where background screening is an issue. Also a private investigator

Jean L. Seawright, CMC

management consultant since 1987, provided professional HR consultation services and advice to business owners

Forensic document expert

Lloyd W. Cunningham

Document examiner, handwriting expert.

Albert H Lyter III

Engaged in consultation, examination, training, research and testimony in Forensic Science, including ink and paper analysis, trace evidence and questioned document examination.

Howard C. Rile Jr.

Howard Rile has qualified and testified as an expert witness in document examination in more than 500 cases involving criminal and civil matters in federal and/or state courts in California, Arizona, Colorado, Nevada, Hawaii, Kansas, New York, and Wyoming.

Corporate Governance

David Lewin, PhD

David Lewin, Ph. D., is the Neil H. Jacoby Professor of Management, Human Resources and Organizational Behavior at the UCLA Anderson School of Management. A specialist in human resource management and industrial relations.

Joseph K. Tanimura, PhD

Joseph K. Tanimura, Ph.D., J.D., has consulted on matters involving antitrust liability and damages, commercial damages, corporate valuation, securities markets, intellectual property, and public policy. He was formerly an assistant professor of finance at San Diego State University and a managing economist for LECG, LLC. His litigation consulting experience spans a number of industries, including agriculture, automobile parts, consumer electronics, private equity, and real estate.


Expertise Unspecified

Gordon Matheson, MD

Sports injuries; rehabilitation; stress fractures; overuse injuries; exercise and health; human performance; pre-participation evaluation.

Charles A. Czeisler, MD

Harvard Medical School. He's an expert in sleep medicine.

Daniel J. Wallace, MD

Wallace is a rheumatologist. Rheumatologist acts as an expert witness in all aspects of autoimmune disease, arthritis, rheumatic diseases. Lupus expert.

Arthur Erk , CPA

Erk's field is royalty and royalty administration. Among the areas Erk specializes in are tour accounting for touring groups, and royalty audits and administration for music publishers, writers, producers, actors, and record and film companies

Peter Formuzis, PhD

Formuzis is a professor of economics at Cal State Fullerton. He has provided expert testimony in court litigation, specializing in projecting future earnings.

Frederic Askin, MD

Dr. Frederic Askin is a pathologist at Johns Hopkins Hospital. Lupus expert


-------------------------
Additional names on the non retained experts list.

Lepor

Levounis

Roesler

Briggs

Earley

Lacovino

Dicke

Sang

Ackerman

---------------------------

tidbit

According the the schedule plans AEG is at least trying to have the experts in the following areas

sports medicine, forensic pathologist, forensic document expert, tour expert, film expert.

 

[ivy]

March 11, 2013 Update

Some additional documents were added and now we have more information about the expert witnesses

Updates to Katherine's expert witnesses

In addition to the 23 retained experts mentioned in the original post, it turns out Katherine Jackson has listed 84 non-retained experts that she may call during trial.

Katherine Jackson's 84 non-retained experts are as follows
1. Edward Baxley MD
2. Dona Norris from Beverly Hills Police Department
3. Alimorad Farschcian, MD
4. Stuart Finkelstein MD
5. Stephen Gordon, MD
6. Hosny Habashy MD
7. Michael Henson (toxicology lab)
8. Sally Hirschberg from Seacoast medical (where Murray ordered supplies)
9. Robert William Johnson
10. Edward Kantor MD
11. Arnold Klein MD
12. Francis Lagattuta MD
13. Cherilyn Lee
14. Carlos Letelier DDS
15. Tim Lopez from Applied Pharmacy
From LA Coroner's office
16. Dan Anderson
17. Elisa Fleak
18. Lakshmanan Sathyavagiswaran
19. Jamie Lintemoot
20. A. Perez
21. Christopher Rogers
22. Ed Winter
From LA Sheriff Department
23. F. Diaz
24. S. Doucette
25. R. Hernandez
From LA Fire Department
26. Martin Blount
27. Engineer Brigandi
28. Jenna Daddario EMT
29. Mark Goodwin Paramedic
30. Reynold Henry EMT
31. Brett Heron Firefighter
32. Robert Linnell Captain
33. J Mills Captain
34. Richard Senneff Paramedic
From LA Police Department
35. S Abdul-Rahman Detective
36. Ron Alberca Sergeant
37. Ruben Arellano Sergeant
38. A. Behnke, Detective
39. Lillian Carranza Lt
40. Chase Choe SID
41. Ruben De Latorre Captain
42. Terry Hara Deputy Chief
43. Orlando Martinez Detective
44. Kevin McCarthy Commander
45. J. McDonald Officer
46. Dan Myers Detective
47. E. Nathan Captain
48. W. Porche Detective
49. L. Romero Detective
50. L. Sanchez Detective
51. Scott Smith Detective
52. Lt. G. Strenk
53. Alexander Supall
54. Michael Williams Commander
(not specified)
55. Stephen Marks, DEA Digital Evidence Lab
56. Alan Metzger MD
57. Nishan Odabashian DDS
58. Christine Quinn DDS
59. Neil Ratner
60. Richard Ruffolo MD
61. Steven Shafer MD
62. Mark Tadrissi DDS
From UCLA Medical Center
63. Erwin Azurdia, RN
64. Richelle Cooper, MD
65. Daniel Cruz, MD
66. Jenna Daddario ECT
67. Nader Kamangar, MD
68. Gordon Landis (Security)
69. Gene Loveland RN
70. Russell McKinney UCLA Police
71. Michael Mercado MD
72. Serena Mumford RN
73. Thao Nguyen MD
74. Matt Pinkus UCLA Police
75. Janet Rimicci RN
76. Amir Dan Rubin - president and CEO of UCLA Hospital
77. Gene Pierre RN
78. Jason Willis RN
(unspecified)
79. William Van Valin MD
80. Carl Virgil MD
81. Robert Waldman MD (testified as addiction specialist for Murray's defense)
82. Roland Williams
83. Debra Willis CNA
(Ivy's note: Apparently I missed one name but I won't spend time trying to find who I missed)

We also learn why Katherine hired the 23 retained experts and what are they expected to testify for :

Cardiologist

Alon Steinberg, MD- Murray's standard of care, toxicology, Murray's education.

Daniel Wohlgelernter, MD- standard of care,

Anesthesiologist

Barry N. Swerdlow, MD- standard of care, Murray's departure from standard of care was substantial factor in Michael's death.

Emery Neal Brown , MD - Propofol, anesthesia, sleep, brain activity, effect of Propofol on brain and body, dosing, whether Murray's statement that he administered 25 mg Propofol is true or not

Hendrikus J.M. Lemmens, PhD- Propofol, modelling, whether Murray's statement of 25 mg is true or not, likely route and time of administration, the manner which Propofol caused death.


Addiction

Sidney Schnoll, MD - addiction, treatment of addiction, addiction as an illness, whether or not Michael appeared to have addiction issues in June 2009 and in the past, addiction or dependence potential of the drugs Michael was taking at the time of his death,

Myer B. Shimelman. MD- addiction and its treatment, whether or not Michael suffered from addiction if so the nature of it, treatments available to Michael, effects of treatment of Michael's life and work expectancy

Tour expert

Richard Barnet, PhD- nature and history of concert tour promotion, roles of people, actions should have been taken by prudent promoters, producers and managers

David Berman - typical practices in music industry, roles of promoters, producers, artists, managers and so on

Mark Goldstein- reasonable construction of contracts in music industry, role of producers, promoters, artists, managers

Hiring practices / HR expert

Barry J. Nadell - background checks

Jean L. Seawright, CMC- hiring practices, when background checks are performed, whether a background check on Murray should have been performed, what would have been learned if a background check was done.

Forensic document expert

Lloyd W. Cunningham - possible irregularities of identified documents contracts signatures, forgeries, altered documents. identifying handwriting

Albert H Lyter III- aging of documents and authenticity

Howard C. Rile Jr. - genuineness of documents, alterations, additions, deletions, identify or eliminate source of handwriting.

Corporate Governance

David Lewin, PhD - corporate structure, executive roles, divisions, subsidiaries, corporate liability

Joseph K. Tanimura, PhD - corporate structure, executive roles, divisions, subsidiaries, corporate liability

Expertise Unspecified

Gordon Matheson, MD- sports medicine, ethics, appropriate relationship between medical provider, patient and interested third party.

Charles A. Czeisler, MD- sleep medicine, treatment of sleep disorders, whether Michael evaluated by a sleep specialist, successful sleep treatment programs and inappropriateness of Murray's treatment.

Daniel J. Wallace, MD- Michael did not suffer from systemic lupus.

Arthur Erk , CPA- Michael's future earnings capacity, economic damages, loss of earnings

Peter Formuzis, PhD - past future economic damages, lost earnings

Frederic Askin, MD - pulmonary pathology findings


------------------------------------------------------------------------------


Updates to AEG's expert witnesses

AEG has 9 retained and 24 non-retained expert witnesses.

24 Non Retained experts are

1. David Adams MD
2. Irving Azoff
3. Martin Blount
4. John Branca
5. Alimorad Farshchian MD
6. Stuart Finkelstein MD
7. David Fournier
8. Stephen Gordon MD
9. Hosny Habashy MD
10. Michael Kane
11. Lawrence Koplin MD
12. Cherilyn Lee
13. Carlos Letelier MD
14. Allan Metzger MD
15. Christine Quinn DDS
16. Neil Ratner MD
17. Gordon Sasaki MD
18. Scott Saunders MD
19. Richard Sherman
20. Barry Siegel
21. David Slavit MD
22. Mark Tadrissi DDS
23. William Van Valin MD
24. Carl Virgil MD

AEG's 9 retained witnesses and what they are expected to testify as follows:

William Ackerman CPA - Michael's finances before death, any financial support plaintiffs received before Michael's death, Michael's finances if he lived, any financial support plaintiffs would receive if Michael lived, any alleged economic loss

Eric Briggs - Michael's past and future business endeavors and income, Michael's debts and assets including Michael's brand, market for Michael's past and future business endeavors

Arnold Dicke - life expectancy of Michael using actuarial and insurance tables

Paul Earley MD - propofol, substance abuse, risk and effects on life expectancy, methods of obtaining addictive drugs, treatment, relapse , eating disorders as they relate to life expectancy

John Iacovino MD - life expectancy of Michael and/or plaintiffs

Norman Lepor MD - training practices of cardiologists with regards to anesthesia and cardiopulmonary resuscitation.

Petrus Levounis MD - substance abuse, addiction, use and effects of addictive substances, behaviors and appearance of addicts, drug tolerances

Mark Roesler - marketability of Michael Jackson pre and post death as well as the impact of death on a celebrity's marketability

Christine Sang MD - safe and proper use of Propofol, effects of Propofol

---------------------------------------------------------------------

Judge's order

Katherine Jackson has to provide deposition dates for retained experts by March 11 and depositions should be concluded by April 8th.

AEG has to provide deposition dates for retained experts by March 14 and depositions should be concluded by April 8th.

Any expert for Katherine that isn't given a deposition date by March 22 and any expert for AEG that isn't given a deposition date by April 8th will be excluded - unless both parties agree to keep them.

for any witness deposed before March 24, Motion to exclude expert witness should be filed by March 24, oppositions by March 26, reply by April 1st. Hearing is set for April 8th.

For any witness expert deposed after March 24, motion to exclude should be filed 3 days after their depositions.

By March 18 Katherine has to limit her non retained experts to witnesses who they believe they will call to testify at trial.

 

[ivy]

Court of appeals webpage

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=2039633&doc_no=B247338

Court of appeals info

Date Description Notes
03/07/2013 Filed petition for writ of: Mandate/Stay Requested by AEG Live et al.

03/07/2013 Exhibits filed in support of: 13 Volumes of exhibits by Petr. AEG Live et al.

03/07/2013 Filed document entitled: Unredacted Petition for Writ of Mandate by Petr. AEG Live et al.

03/07/2013 Filed document entitled: Unredacted Exhibits in support of Petition for Writ of Mandate (13 Volumes) by Petr. AEG Live et al.

03/08/2013 Order filed. denying petitioner's request for immediate stay

03/11/2013 Order filed. re: Sealed Documents

03/12/2013 Order filed. Petitioners ordered by noon March 14 to file complete set of unredacted copies of exhibits and petition which only redact matters which are subject to respondent court's February 23 2013 sealing order. At present the exhibits and petition redact matters which exceed respondent court's February 27 2013 sealing order.

-----------------------------------------

Court of appeal filing document : http://amradaronline.files.wordpress.com/2013/03/jackson-doc.pdf

-----------------------------------------

Summary

The documents starts with saying Jacksons seek $40 billion damages from AEG Live.

AEG is stating that the Superior Court had made an error because it didn't explain how AEG should have foresee Murray would administer Michael fatal Propofol given that Murray "may" compromise his oath due to his debt and Michael had addiction to painkillers years ago. AEG states that the law requires a more direct relationship.

AEG's lawyer also states this ruling is also creates the notion that people in debt are morally suspect and unfit for positions of responsibility even if they have taken oaths and do not have history of wrongful conduct. It also creates legal negligence to hire licenses professional with personal debts. AEG states this is a problem for California employers and workers.

Some background

As we know AEG and Michael have agreed to do a tour. Salaries of tour personnel were being advanced by AEG but later will be recouped from Michael's share of profits.

In late March early April 2009 Murray moves to LA and starts to treat Michael 3 times a week. Late April early may 2009 Michael told AEG he intended to bring Murray with him to London. AEG started negotiations with Murray, they were going to advance Murray's salary from Michael's share. When Michael died no contract were signed. Drafts of the contract said Murray was an independent contractor, it required Michael's signature, it said the parties have no rights or obligations to each other until the contract was signed. Michael's signature block clearly said he wanted Murray and was paying him from his own share of profits. The contract also required Murray to administer services "professionally and with greatest degree of care expected". It required Murray to have licenses in US and UK and maintain malpractice insurance.

Michael died of Propofol overdose. DA charged Murray with manslaughter and a criminal court convicted him of manslaughter and gave him the maximum sentence.

Michael's mother and children sued AEG. 2 claims dismissed at demurrer, 3 remained. AEG filed a motion for summary judgement. 2 of the remaining claims dismissed, only negligent hiring claim remained.

AEG argued they could not foresee the risk Murray had because
- Murray held licenses in 4 states including CA
- Murray never been disciplined by medical board.
- Murray has been Michael's personal physician for 3 years.
- AEG had no knowledge of Murray's confidential medical treatment of Michael.
- Contract required Murray to show "greatest degree of care"
- Murray's administration of Propofol strayed so far from expected.
- jury in the criminal case ruled that Murray showed "criminal negligence", found him guilty and he was given maximum sentence.

Court mentioned the following when it ruled there was triable issues
- AEG did not conduct a background check on Murray to show he was in debt.
- AEG was told Murray told he closed his practice in LV to go to UK
- Concerts would be Murray's only income.
- Murray did not have a medical practice at LA.
- AEG had general knowledge that doctors sometimes compromise their oaths to administer drugs to artists.
- Other doctors were considered and rejected by parties before Murray.

AEG states that the Superior Court made a mistake by allowing negligent hiring claim and explains

- There's no dispute that Murray was a licensed physician.

- There's no dispute that Murray treated Michael for 3 years with no issues.

- AEG argues Murray's debt or Michael's past painkiller addiction would not make it foreseeable that Murray will commit criminal manslaughter by administering anesthesia to Michael in his bedroom. AEG states CA law requires a direct relationship between the "warning sign" and the harm suffered.

- AEG states there's no direct connection between Michael's 2009 anesthesia overdose and Murray's debt and Michael's past painkiller addiction.

- Courts ruling creates a legal inference that people with debt are morally suspect and unfit for positions of responsibility even if they have taken oaths and have no history of wrong conduct. This will be problematic for workers and organizations.

- AEG states CA law states a person has no duty to protect a person from a third party's actions, especially these are criminal conduct. Negligent hiring is a small exception but it requires knowing the employee causes a particular risk and that particular harm happening.

AEG states that Jacksons did not present any counter evidence to AEG's claims. Jacksons showed
- an extensive credit and judicial records would show that Murray was in debt
- Murray was not board certified
- this part is redacted but it's apparent that they are talking about Gongaware being aware of Michael's 1993 painkiller addiction
- Gongaware had a general understanding that physicians inappropriately prescribe drugs to musicians.

- Jacksons argue that as AEG knew Michael's 1993 painkiller addiction, they should have undertaken a through investigation into Murray, run a credit check / financial background check, or hire a private investigator.

- Jacksons argue that Murray closing his practice might make him act unethical. Therefore they arguee that AEG should have refused Michael's insistence to bring his own doctor to UK.

- AEG argues that Superior Court was wrong in saying Michael's 1993 painkiller addiction required AEG to run a investigate Murray's finances and AEG might be negligent in hiring Murray without knowing his financial condition.

- AEG says according to law what AEG knew about Michael is irrelevant. The negligent hiring claim is about the agent hired and caused harm. So the only relevant issue what AEG knew or should have known about Murray. AEG states they knew nothing that would put them on notice that Murray might overdose Michael with surgical anesthesia in his bedroom.

- AEG says there's no law that evaluates a physicians competence based on pressure their patients could assert. AEG states it's wrong to question credentials of doctors because they treated former addicts or famous people. AEG says if this is the case no doctor would treat former addicts or famous people.

- AEG states law says that a doctors competence is determined by licenses unless there's specific evidence of incompetence.

- AEG states Superior Court also made a mistake in saying Murray's debt could be a factor in determining his competence.

- AEG states personal debts do not make a person professionally incompetent. There was no reason to think Murray's debt would cause him perform poorly or commit manslaughter.

- AEG states there's no direct connection between the alleged warning (debts) and the actual harm (criminal manslaughter due to anesthesia overdose). There's no relationship between debt and medical malpractice.

- AEG says even though they have invaded Murray's financial privacy and did a credit check on him and uncovered his debts, they couldn't have anticipated that Murray would overdose Michael with anesthesia in his bedroom.

- AEG states that Jacksons claim they should have known Murray was not board certified and this should show that Murray was unfit to deal with Michael's sleep and dependency issues. AEG states Jacksons could not show that AEG knew Michael's sleep issues, they were able to demonstrate Gongaware knew Michael's 1993 painkiller addiction issues, Jacksons did not show any evidence that AEG knew Michael had dependency issues 16 years later in 2009.

- AEG states board certifications is voluntary, there are a lot of doctors that aren't board certified but more than capable.

Public policy

- AEG states the two factors - Michael's 1993 addiction and potential for bad ethics in entertainment industry - would mean they could not hire any doctor in connection with the tour.

-AEG states this would create an impossible situation for concert promoters to never work with anyone that has a history of drug abuse.

- AEG also states courts ruling mean that people with debt should never be hired as they can compromise ethics. AEG states this will make the current employment system fall.

- AEG mentions recent laws that bars employers run financial credit checks or request credit reports on employees except exceptional situations. This law was amended because people who lost their jobs had no income to pay their debts would not be able to get jobs due to low credit scores.

- AEG goes on hypothetical and asks should they refuse Michael's long term physician and force him to see someone he didn't know, how much debt is too much debt, should they not hire a recent graduate with substantial student loans, should they only hire doctors with no debts, but wouldn't any doctor closing their practice to go on tour with Michael wouldn't be subject to financial pressure,

Requests

- AEG wants the court of appeal to stay the court proceedings.

- Grant AEG's summary judgment - meaning dismiss the remaining negligent hiring claim

- or make the superior court explain their cause as why it did not dismiss the claim

 

[ivy]

The media request to broadcast has come from CNN / Alan Duke and the judge denied it with no explanation.

 

[ivy]

Both parties have filed their motions to exclude certain topics to be mentioned during trial. The judge will hear the arguments and decide on these motions on March 21 (or later). The following are the summaries of both parties’ motions.

AEG Live

AEG Live states that the jury will decide on 4 narrow issues

1- Whether AEG Live hired Murray
2- Whether Murray was unfit
3- Whether AEG Live had a reason to believe an undue risk of harm would exist due to Murray
4- Whether harm occurred.

Based on this AEG Live asks the judge to exclude the following:

Speculative Damages

The $40 billion damages are now becoming clearer. Each plaintiff (Katherine, Prince, Paris, Blanket) is asking for $50 Million in general damages and $10 Billion in special damages (it brings it to $200 M total in general damages and $40 billion in special damages). It turns out Katherine’s side is speculating Michael’s possible future income and AEG wants this to be excluded as California law says the damages should be “reasonable certain to result in the future” and “possibility or probability” is not enough. AEG says all of these based on casual conversations and wishful thinking and hypothetical scenarios and nothing was certain.

The possible future income sources are
- Possible future tours after TII
- Possible future albums
- Possible future increased on royalties from already released albums
- Possible future film career
- Possible future clothing line
- Possible future appearances
- Possible future purchase of Marvel comics
- Redacted but based on something Tom Barrack said

Jacksons claim Michael would have earned $500 Million a year for the rest of his life and would give 40% of his earnings to Katherine and his kids. AEG states if you do the math to reach to the $40 billion number it would have required Michael to live 200 more years. ( Math : 40% of $500 M a year = $200 Million a year. $200 Million a year times 200 years gives $40 billion).

AEG also mentions that these numbers aren’t realistically possible as Michael’s popularity was down due to child molestation allegations and he hasn’t performed for years. AEG also mentions how Katherine stated during her deposition that Michael did not want to tour anymore but now also claiming lost income from future tours. AEG also lists details of Michael’s past movie projects that never happened, clothing endorsements that ended in lawsuits and so on to demonstrate that there is no certainty that any of these future business projects would have actually happened or be successful. AEG also mention that Marvel was sold for $4.2 billion (meaning Michael could not have afforded to buy it at all).

AEG has no objection to any lost income from TII to be considered in determining damages.

Irrelevant interactions between AEG and Michael

AEG Live states given the 4 issues to be considered at the trial the following is irrelevant: AEG and Michael’s financial bargaining power during negotiations and preparation of the tour, cash advances made to Michael, number of concerts scheduled and AEG firing nanny Grace on Michael’s request.

It turns out Katherine planned to introduce AEG’s and Michael’s financial bargaining power to show AEG had control over Michael. AEG states as the first claim is now dismissed, these matters are irrelevant to the remaining 1 claim and should be excluded. AEG also states that any mention of “control claims” should be excluded. This also includes a request for the exclusion of AEG emails that mention “has to perform or a financial disaster awaits”, “he has no choice, he has to do it he signed a contract” etc.

AEG says if Katherine is allowed to mention these control claims, AEG in return will show that it was Michael’s advisors that approached them for a tour, 3 business managers of Michael looked over and approved tour expenses, it was Michael’s requests that increased the tour expenses and so on.

We learn that during summary judgment Katherine stated that AEG used cash advances to “reel him in”. We also learn that Katherine’s lawyers especially asked questions about a $200,000 cash advance that Phillips took to Michael in a brown paper bag. It seems like Katherine’s side wants to portray these as under the table advances. AEG argues that advances are no longer relevant to the remaining issues and AEG Live states regardless of how they have given Michael advances he has signed receipts for them and they are all properly documented and accounted for.

AEG says the number of shows Michael agreed to perform is irrelevant to the topic that whether AEG hired Murray or not. AEG also want to exclude testimony from Prince that might claim AEG was forcing Michael to do more shows than he want and AEG state that they have counter witnesses that would testify that Michael told them he was excited to perform “50 shows”.

AEG says Gongaware firing nanny Grace at Michael’s order is irrelevant to the matters at hand. They say AEG never employed or paid Grace and Gongaware was given an already prepared letter and just contacted Grace because Michael told him to.

Hypothetical scenarios of cancellation or postponement of TII

Given the remaining single claim AEG Live states that Katherine’s previous arguments of AEG could have saved Michael’s life if they postponed or cancelled the concerts are no longer relevant and should be excluded. AEG also states that according to the contract AEG could not have canceled the concerts on their own, any cancellation required Michael’s permission. AEG states they have evidence that Michael wanted the concerts to continue, he didn’t need time off and he didn’t want them delayed.

AEG also states that Jacksons try to mention these irrelevant matters to create a moral blame on AEG and even go to the media (CNN Alan Duke’s smoking gun story) to hurt their reputation rather than litigating the case.

Michael’s intoxication before O2 press conference

AEG says whether Michael was drunk before O2 press conference or whether AEG knew he was drunk is irrelevant as Michael did not die from alcohol but he died from anesthesia. AEG also states that this press conference happened at least a month before they heard about Murray and there’s no evidence that Murray was at UK that time or provided him medical care before press conference.

We also learn that Jacksons first want to exclude any possible “Michael Jackson is an alcoholic” claims but they later changed their minds.

Murray’s character as it relates to his personal life

AEG Live states given the 4 issues to be considered at the trial whether Murray frequented strip clubs and whether a small part of his debt was child support is irrelevant and should be excluded. (The argument here is that whether a doctor visits strip clubs on his personal time cannot be relevant to whether the doctor will compromise his oath.)

AEG Live and AEG Inc.’s financial condition

AEG Live states given the only claims are Murray’s hiring and there are no punitive damages in this trial to punish AEG, their financials are irrelevant and should be excluded.

Personal relationship between Gongaware and Segal

Gongaware meets Segal during Michael’s History tour. Segal was working for one of Michael’s tour promoters at that time. Later Gongaware and Segal have a romantic relationship. Segal never worked for AEG. In 2009 when Michael was looking for a tour manager, Gongaware recommended her to Michael and Michael who knew her from History tour hired her to be a part of MJJ Productions. AEG argues the personal relationship between Gongaware and Segal is irrelevant to the remaining negligent hiring of Muray claim. Note: Segal’s responsibilities were to arrange housing for Michael in London and arrange his travel.

Katherine Jackson

Katherine Jackson wants to exclude the following

Exclude the mention that Katherine and MJ’s kids did not sue Murray

Katherine’s lawyers state that they expect AEG to argue that Katherine could have sued Murray but choose not to because she was looking for a deep pocketed defendant and they want the judge to exclude such claims.

Exclude benefits Katherine and MJ’s kids receive from MJ Estate

Katherine’s lawyers state that they expect AEG to argue that Katherine and MJ’s kids are receiving money from MJ Estate and they will use this to reduce the any amount of damages the jury might award so they want the judge to exclude such claims.

Ps: this motion makes reference to medical insurance benefits in addition to what they get from the Estate.

Exclude marital discord between Katherine and Joe

Katherine’s lawyers state that they expect AEG to introduce evidence that Katherine and Joe have a turbulent or unhealthy marriage and will use this to make Katherine look bad in front of a jury. They want the judge to exclude these.

Exclude the argument that Michael’s siblings have financial problems

Katherine’s lawyers state that they expect AEG try to introduce evidence that Michael’s siblings suffer or have suffered from financial woes and says that this is irrelevant and it should be excluded.

Exclude molestation charges

Katherine’s lawyers state that AEG lawyers have asked during depositions to multiple people about the molestation charges and they expect AEG to mention those to make Michael bad and they want the judge to exclude those.

(Ivy’s note: Molestation charges is mentioned in AEG documents as a reason for lower income level expectations).

Exclude evidence of biological parents of minor kids

Katherine’s lawyers say AEG might try to introduce evidence to cast doubt on the biological parents (both father and mother) of the minor kids and it should be excluded as it is irrelevant.

Exclude that Katherine was kidnapped to Arizona

Katherine’s lawyers say that AEG may try to introduce evidence that Katherine was kidnapped to Arizona to cast the Jackson family in a bad light and it should be excluded as it is irrelevant.

Exclude that Michael Jackson Estate did not file a lawsuit against AEG or anyone else in regards to Michael’s death

Katherine’s lawyers say that they anticipate that AEG will argue that MJ Estate did not join Katherine’s lawsuit to demonstrate that Katherine’s lawsuit lacks merit or based on baseless allegations. They want it to be excluded.

Exclude testimony from David Fournier that Michael tried to deceive him during surgery

Fournier is a nurse anesthetist that provided medical treatment to Michael in 1990s and 2000s. Fournier believes on one or two occasions Michael deceived him by not telling him about a “narcan implant” Michael inserted in his body before surgical procedure Fournier was helping with. Fournier states he believes Michael did not intentionally tell him about the “narcan implant” because he knew Fournier wouldn’t have administered him anesthesia if he knew.

Katherine’s lawyers state they expect AEG to introduce this at trial to show that Michael is a liar and tried to deceive a health professional. They want it to be excluded as it is speculative and irrelevant.

 

[ivy]

March 16 update

Now we have the full possible witness list for both parties.

AEG Live full possible witness list

Dr. David Adams / Jeffrey Lee Adams / Marcel Avram / Irving Azoff / Tom Barrack / Michael Bearden / Daniel Beckerman / Martin Blount / John Branca / Ellen Brunn / Jeffrey Telle Cannon / Frank Cascio / Melissa Elias/ Dr. Alimorad Farshchian / Lou Ferrigno / Dr. Stuart Finkelstein / David Fournier / Kenneth Froelich / Paul Gongaware / Dr. Stephen Gordon / Dennis Hawk / Julie Hollander / Dorian Holley / Dr. Hosny Habashy / John “Bugz” Houghdahl / Janet Jackson / Jermaine Jackson / Joe Jackson / Katherine Jackson / Latoya Jackson/ Prince Jackson/ Paris Jackson / Randy Jackson / Rebbie Jackson / TJ Jackson / Tito Jackson/ Kathy Jorrie / Michael Kane/ Dr. Lawrence Koplin / Bruce Lang / Michael La Perruque / Cheryln Lee / Arlyne Lewiston / Joseph Marcus / John Meglen / Dr. Allan Metzger / Kim Moore-Mestas / Amy Morrison / Steven Lloyd Mortensen/ Roselyn Muhammad / Dr. Conrad Murray / Consuelo Ng / Sarah O’Leary Sinnorai / Kenny Ortega / Bob Parks / Travis Payne / Randy Phillips / Jeffre Phillips / Dr. Christine Quinn / Dr. Neil Ratner / Debbie Rowe / Dr. Gordon Sasaki / Dr. Scott David Saunders / Madeline Schilder / Richard Sherman / Barry Siegel / Dr. David Slavit / Janice Leigh Smith / Dr. Mark Tadrissi / Evvy Tavasci / Dr. Tohme Tohme / Shawn Trell / Anthony Urquidez / Dr. William Van Valin II / Dr. Carl Virgil / Stacy Walker / Frederick Webking / Bill Whitfield / Alan Whitman / Timm Woolley / Taunya Zilkie

Retained experts : William Ackerman / Eric Briggs / Arnold Dicke / Dr. Paul Earley / William Flynn/ Dr. Gary Green / Marty Hom / Dr. John R. Iacovino / Dr.Norman Elliott Lepor/ Dr. Petros Levounis / Mark Allen Roesler / Dr. Christine Nai-Mei Sang / Dr. Karl Williams / Rhoma Young

Katherine’s retained experts : Dr. Frederic Askin/ Richard Barnet / David Berman / Dr. Emery Brown/ Dr. Charles Czeisler / Arthur Erk/ Peter Formuzis/ Dr. Hendrikus Lemmens / Dr. Gordon Matheson / Barry Nadell/ Howard Rile/ Dr. Sidney Schnoll / Jean Seawright / Dr. Myer Shimelman/ Dr. Alon Steinberg / Dr. Barry Swerdlow / Dr. Daniel Wallace / Dr. Daniel Wohlgelernter

Katherine Jackson full possible Witness list

Katherine Jackson / Prince Jackson / Paris Jackson / Paul Gongaware / Randy Phillips / Jeffrey Adams / Dr. David Adams / Daniel Anderson/ Phillip Anschutz / Dr. Frederic Askin / Ramone Baines / Richard Barnet / Tom Barrack / Dan Beckerman / David Berman / John Branca / Dr. Emery Neal Brown / Ellen Brunn / Kai Chase / Patrick Cousins / Dr. Charles Czeisler / Jenna Daddario EMT / Kelly DiStefano / Melissa Elias / Arthur Erk/ Joyce Essex / Karen Faye / Dr. Stuart Finkelstein / Peter Formuzis / Maritza Glassman / Paramedic Mark Goodwin / Dr. Stephen Gordon / Hosny Habashy / Dennis Hawk / Reynold Henry EMT / Julie Hollander / Alejandra Jackson / Jackie Jackson/ Janet Jackson/ Jermaine Jackson / Marlon Jackson / Rebbie Jackson / Randy Jackson / Taj Jackson / Tarryl Jackson/ TJ Jackson / Tito Jackson / Trent Jackson / Quincy Jones / Kathy Jorrie / Michael Kane / Michael Laperruque / Cherilyn Lee / Spike Lee / Tim Leiweke / Hendrikus Lemmens / Carlos Letelier DDS / Arlyne Lewiston / Detective Orlando Martinez / Dr. Gordon Matheson/ Cindy Medina / John Meglen / Dr. Allan Metzger / Tom Miserendo / Amy Morrison / Roselyn Muhammad / Dr. Conrad Murray / Barry Nadell/ Prince Rogers Nelson / Kenny Ortega / Ray Parker Jr / Travis Payne / Lisa Marie Presley / Howard Rile / Dr. Christopher Rogers / Diana Ross / Debbie Rowe / Alif Sankey / Madeline Schilder / Dr. Sidney Schnoll / Jean Seawright / Paramedic Richard Seneff / Dr. Myer Shimelman / Barry Siegel / Dr. Alon Steinberg / Dr. Barry Swerdlow / Mark Tadrisi DDS / Evvy Tavasci / Shawn Trell / Anthony Urquidez / Carl Virgil / Daniel Wallace / Frederick Webking / Bill Whitfield / Debra Willis / Dr. Daniel Wohgelernter / Timm Woolley

 

[ivy]

Proposed verdict form from Katherine. AEG disagrees with this form

 

[ivy]

March 21

TMZ and Courtroom View Network also filed motions for media request to broadcast KJ- AEG trial. Judge denied them both.

-------------------------------

Reading court documents filed by Katherine's lawyers. AEG allegedly said they want to depose the kids for a full day - 7 hours.

TJ Jackson testified that he believes Prince was treated inappropriately. Prince's deposition was stopped because he was agitated.

Jacksons got a doctors note for Blanket saying that deposition under these circumstances would be medically detrimental to Blanket.

Jacksons claim at Prince was treated inappropriately by AEG during deposition. He was agitated and they stopped the deposition.

This is the reason why they moved Paris's deposition to the court building, because Jacksons want to refer to the judge if needed.

---------------------------

Judge denied Katherine's request to compel deposition of Philip Anschutz stating that AEG Inc. no longer a defendant.

Judge granted Katherine's request to continue deposition of Shawn Trell from AEG to answer questions he previously refused to answer.

Judge granted AEG's request to get subpoenaed documents from AlixPartners pending a review of them by MJ Estate. Alixpartners was a consulting firm hired by Santa Barbara DA in 2005 trial about Michael's finances. AEG says they need the documents from AlixPartners to rebut the $40Billion damages claim.

--------------------------------

AEG has just lost their appeal at Court of Appeals. The trial will go forward. We should see an opinion from Court of Appeals soon.

 

[ivy]

I'm going to make an update about Paris's responses to interrogatories / written questions

Paris states Michael was happy about the ticket presales for TII tour & excited about the tour & he wanted concert footage to be 3D

Paris also states that Michael told her schedule for TII was "too much" for him and "Phillips and them were out to get me"

Paris says she saw Michael drinking red wine (making him sleepy), taking Tylenol & Advil, medicine before he flies, IV fluids& herbal shakes

Paris says she believed IV fluids for nutrition and she's only familiar with Internet rumors about Michael's alleged "drug addiction"

Paris says Michael told her not to take drugs because it would keep them from being healthy and productive.

Paris says one week before his death Michael was complaining about his body temperature would fluctuate from hot to cold.

Paris says within 2 days before his death Michael said to her Tohme was back on board because he had helped Michael with a house in Las Vegas.

Paris says Michael told her he wanted to do movies (write, direct, act) , combine his music catalog with movies and move to LV after tour.

Paris says she applied a white cream to Michael's back and shoulders. She tells how the hang out together in LA & Las Vegas.

Paris says Michael encouraged them to read. If they wanted a toy, they needed to read books to get it. Once Paris read 3 books over a weekend and Michael bought her a cat.

Paris says Michael told her "you need to be tough or people will take advantage of you".

Paris says Michael said he trusted Dr. Murray and he liked Dr. Klein as a friend. Michael also said he liked Dr. Sabe, a holistic healer

---------------------------------------------------------


AEG's version of events from their motion as follows

AEG states they tried to avoid to depose Prince &Paris but they are important witnesses as they stated they interacted with Murray before AEG came into the picture.

AEG also states that Michael's kids are active in entertainment industry, have twitter accounts, make appearances and give interviews.

After trying to set dates for sometime, they agree to do depositions on Saturday to fit with school schedules and avoid media.

Prince goes to his deposition on March 2 with TJ, Katherine,3 lawyers & security. AEG's lawyers arrange for them to enter unseen to offices. AEG states they provided lunches to everyone and treated Prince with care & courtesy. They say Katherine thanked them for accommodations.

After 2 hours of deposition, when they start Prince asking about Murray, KJ's lawyers end deposition saying Prince was tired. AEG states they had problems with setting time for the continuance of Prince's deposition and Paris's deposition kept being cancelled.

AEG states then they later heard complaint about how they treated Prince , they deny such claims and say they showed care & courtesy.

It looks like after a lot of back and forth Prince's deposition was continued this Tuesday and Paris's is set for today.

KJ's lawyers wanted to move Paris's deposition to the court house rather than AEG lawyers offices. AEG doesn't understand this.AEG states media reports this case extensively and they would report today's status hearing. Hence media would see Paris coming to court. AEG states they did everything to ensure privacy for Prince but KJ's lawyers move to depose Paris at the court would expose her to media

AEG also gives the judge copy of Prince's deposition (sealed from public) to see that there were no improper behavior towards Prince.

-----------------------------

Documents for above summaries/ updates:

AEG's motion to set date for Paris's deposition

http://www.scribd.com/doc/131734184/AEG-Motion-to-set-deposition-date-for-Paris

Katherine's opposition to the above motion

http://www.scribd.com/doc/131734687/Plaintiffs-opposition-to-Paris-Jackson-deposition

 

[ivy]

Updated info

AEG

excluded in part - allowed in part - Motion 1 - AEG's financial position

excluded (motion granted) - Motion 2 - Gongaware & Segal's personal relationship

excluded in part - allowed in part - Motion 3 - Irrelevant interactions between AEG and Michael

excluded (motion granted) - Motion 4 - Hypothetical evidence of TII cancellation or postponement

excluded in part - allowed in part - Motion 5 - Murray's character as it pertains to his personal life

Reference to strip clubs or clubs are excluded. Debt - child support, credit cards and so on- is allowed.

deferred - Motion 6 - Speculative Damages

allowed (motion denied)- Motion 7 - Michael being drunk before 02 Press conference

Katherine Jackson

allowed (motion denied) - Motion 1 - Molestation charges

excluded(motion granted) - Motion 2 - Benefits received by KJ after MJ's death

excluded(motion granted) - Motion 3 - Marital discord between Katherine and Joe - non opposed

??? allowed(motion denied)- Motion 4 - Michael's siblings have or had financial problems

!!! This is conflicting to what media reported, media reported it was excluded.

motion granted - Motion 5 - Allowing electronic presentations on opening statements (I omitted this one)

allowed (motion denied) - Motion 6 - David Fournier Testimony

excluded (motion granted)- Motion 7 - MJ Estate did not sue AEG or anyone else in Michael's death

allowed (motion denied)- Motion 8 - KJ did not file a suit against Murray

excluded (motion granted) - Motion 9 - Biological parents of minor children - non opposed

excluded in part - allowed in part -Motion 10 - Katherine being kidnapped to Arizona

AEG cannot refer to Katherine's "kidnapping" but they can reference her trip to Arizona in the context that Katherine's health was/is deteriorating and that's why she traveled to Arizona. Judge allows this as this is relevant to Katherine's longevity and damages.

Document here: http://www.scribd.com/doc/132713798/Order-on-Motions-in-Limine

 

[ivy]

Detailed explanation of what is allowed and what is not allowed. The below is the almost exact wording from the court document. (note laintiffs, defendants and decedent is changed to Katherine Jackson, AEG and Michael Jackson)

AEG

excluded in part - allowed in part - Motion 1 - AEG's financial position

Explanation

- Evidence of AEG's financial condition/ wealth is excluded.
- AEG's expected ticket sales, tour profits are admissible as to damages.
- To the extent AEG seek to preclude Katherine Jackson's arguments regarding financial motive, the motion is denied.

excluded (motion granted) - Motion 2 - Gongaware & Segal's personal relationship

- AEG represented that they will not call Segal to testify in their case.
- However if she testifies, existence of her romantic / personal relationship with Gongaware is admissible on cross examination/impeachment as a potential bias.
- However acts of sexual conduct is are inadmissible even under cross-examination.

excluded in part - allowed in part - Motion 3 - Irrelevant interactions between AEG and Michael

- Katherine Jackson's argument that AEG "controlled" Michael Jackson or had "superior bargaining power" over him are inadmissible.
- 11/24/2008 email admissible. As to a) AEG's involvement in retention and investigation of professionals hired for and by Michael Jackson and b) how that compares to AEG's handling of Murray investigation and retention.
- 01/23/2009 email admissible. As to AEG's strong interest in Michael Jackson's performing as it was vital to tour financial success.
- Phillips deposition re: Tohme Tohme admissible. As to a) AEG's involvement in retention and investigation of professionals hired for and by Michael Jackson and b) how that compares to AEG's handling of Murray investigation and retention.
- 2/27/2009 email admissible. As to a) AEG's strong interest in Michael Jackson's performing as it was vital to tour financial success and b) the pressure exerted on Michael Jackson and the effect this pressure had on Michael Jackson and (ultimately) Murray.
- Production management agreement between AEG and Tohme Tohme admissible to compare Murray's pay and and the importance of Murray relative to Michael Jackson's other tour professionals.
- Cash advances in paper bags inadmissible, irrelevant, prejudice
- 3/15/2009 email : inadmissible hearsay
- 3/25/2009 email admissible as to AEG's knowledge of the physical and emotional toll of 50 shows on Michael Jackson and ultimately how that affected Michael Jackson's condition and Murray's treatment of Michael Jackson
- Gongaware deposition nanny termination inadmissible However likely admissible on cross as Gongaware's ability to fire professionals hired by Michael Jackson.
- 4/19/2009 email inadmissible. However likely admissible on cross as ability to fire professionals hired by Michael Jackson.

excluded (motion granted) - Motion 4 - Hypothetical evidence of TII cancellation or postponement

- inadmissible as undue consumption of time and may call for a legal conclusion - ie contract interpretation as to when or under what conditions the tour or any particular show could be cancelled.
- However the court may reconsider this ruling depending on the presentation of evidence

excluded in part - allowed in part - Motion 5 - Murray's character as it pertains to his personal life

- Email is admissible but the reference to "strip club" must be redacted from the email because the prejudice outweighs its probative value. Relevant is that Murray was unavailable to Michael Jackson at certain times.
- Evidence of Murray's debt whether child support or credit cards etc is relevant and admissible.

deferred - Motion 6 - Speculative Damages

Defer

allowed (motion denied)- Motion 7 - Michael being drunk before 02 Press conference

- Admissible to show AEG's knowledge of Michael Jackson's emotional and dependency issues directly related to the tour.
- Coupled with AEG's executives knowledge of Michael Jackson's drug dependency problems and use of "tour doctors" in the past , this evidence is relevant to foreseeability.

Katherine Jackson

allowed (motion denied) - Motion 1 - Molestation charges

- Molestation charges are admissible as to the damages calculation and (secondarily) as to the issues of Michael Jackson's despondency and drug abuse.
- Court will give a cautionary jury instruction proposed by the parties.

excluded(motion granted) - Motion 2 - Benefits received by KJ after MJ's death

- The purpose of the exclusion of collateral source is to prevent one party from a double recovery (ie collateral source in addition to damages)
- Michael Jackson's estate benefited from his death (it's value increased).
- So if AEG were held responsible for Michael Jackson's death , AEG would receive a windfall if Katherine Jackson+ kids damages were decreased (or offset) by that increase in value to the estate.
- Perhaps this computation (if it can be done at all) is best calculated after trial.

excluded(motion granted) - Motion 3 - Marital discord between Katherine and Joe - non opposed

non opposition.

allowed(motion denied)- Motion 4 - Michael's siblings have or had financial problems

- Gifts from Michael Jackson to his siblings are relevant to the issue of Jackson's damages and for the purposes of cross examination/impeachment of siblings.
- However presentation of the siblings entire finances is irrelevant and presents undue consumption of time.

motion granted - Motion 5 - Allowing electronic presentations on opening statements

- Parties to exchange electronic presentation to be used on opening statements on the morning of the first day of trial.

(ivy's note: as this is merely about using powerpoint during opening statements I'm omitting the rest)

allowed (motion denied) - Motion 6 - David Fournier Testimony

- Michael Jackson's history of hiding drug abuse is relevant to the issue of the likelihood that AEG knew Michael Jackson's drug use and if so the extent of the knowledge.

excluded (motion granted)- Motion 7 - MJ Estate did not sue AEG or anyone else in Michael's death

- Jury is not to speculate whether certain parties are or are not part of the lawsuit.
- Jury is only asked to decide whether AEG before them is liable to the Jacksons.

allowed (motion denied)- Motion 8 - KJ did not file a suit against Murray

- AEG is precluded from pointing out that Murray is not a defendant in the lawsuit (see reason cited at motion 7 above)
- However AEG is allowed to present a comparative fault defense and verdict form.
- AEG is permitted to question Katherine Jackson as to her motive (financial) for filing the lawsuit.
- AEG are not permitted to question minor kids (Prince, Paris and Blanket) as to their "motive" for filing the lawsuit because their motive is irrelevant in that Katherine Jackson, their legal guardian and their guardian ad litem in this lawsuit, made that decision for them and they can only appear / file through her.

excluded (motion granted) - Motion 9 - Biological parents of minor children - non opposed

non opposition

excluded in part - allowed in part -Motion 10 - Katherine being kidnapped to Arizona

- AEG shall not refer to Katherine Jackson's alleged kidnapping.
- However testimony that Katherine Jackson's health was / is deteriorating (and that is why she traveled to Arizona) is relevant to her longevity and damages. To that extent only AEG may introduce testimony concerning her trip to Arizona.

------------------------------------

Document here: http://www.scribd.com/doc/132897760/Detailed-order-on-Motions-in-Limine

 

[ivy]

proposed verdict form by Katherine Jackson and AEG.

Katherine Jackson / Plaintiff's proposed verdict form

1. Were any defendants (AEG Live, Gongaware, Phillips) negligent in hiring, retaining or supervising Conrad Murray?

Yes / No

If you answered Yes then answer question 2. If you answered No stop here answer no further questions.

2. Was defendants negligence a substantial factor in causing Michael Jackson's death?

Yes / No

If you answered Yes then answer question 3. If you answered No stop here answer no further questions.

3.4.5.6 What are plaintiff (KJ, Prince, Paris, Blanket) total wrongful death damages for the death of Michael Jackson?

economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________


AEG, Gongaware, Phillips / Defendant's proposed verdict form

1. Who hired Conrad Murray?

Michael Jackson Yes /No
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
No one Yes/No

If you answer as no to as to each defendant stop, if you answered yes as to any defendant answer question 2

2. Did the parties agree that any contract between any defendant and Conrad Murray had to be in writing and signed by Michael Jackson to be binding on the parties

Yes / No

If answered yes answer question 3, if answered No go to question 4

3. Did Michael Jackson sign a written agreement between any defendant and Conrad Murray?

Yes / No

If answered no stop, if answered yes go to question 4.

4. Was there an oral agreement between any defendant and Conrad Murray such that Conrad Murray would perform independent contractor services for that defendant even without a written and signed contract?

AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No

go on to question 5

5. Was there an agreement created by conduct between any defendant and Conrad Murray such that Conrad Murray would perform independent contractor services for that defendant even without a written and signed contract?

AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No

If you answered no as to each defendant at questions 4 and 5 stop, if you answered yes to any defendant go on to question 6.

6. Did defendants establish , by clear and convincing evidence , that Michael Jackson agreed that he, not defendants, would be responsible for any negligence committed by Conrad Murray?

Yes / No

If you answered yes stop, if you answered no go to question 7.

7. During Conrad Murray's engagement in connection with TII concerts was Murray unfit or incompetent to treat Jackson's general medical needs?

Yes / No

If answered no, stop, if answered yes go to question 8.

8. Did any defendant knew, or should have known, of specific facts that would have put defendant on notice that Conrad Murray was unfit or incompetent to be Michael Jackson's personal physician?

AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No

If you answered no as to each defendant stop, if you answered yes to any defendant go on to question 9.

9. If a reasonable person had known the facts you identified in response to question 8, would it have been foreseeable to that person Conrad Murray was likely to harm Michael Jackson in the specific way that Conrad Murray harmed Michael Jackson?

Yes / No

If you answered no stop, if you answered yes go on to question 10.

10. Did Conrad Murray's unfitness or incompetence harm Michael Jackson?

Yes / No

If you answered no stop, if you answered yes go on to question 11

11. Was any of the defendants negligence in hiring Conrad Murray a substantial factor in causing plaintiffs harm?

AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No

If you answered no stop, if you answered yes go on to question 12

12. Was Katherine Jackson dependent on Michael Jackson for the necessities of her life?

Yes / No

If you answered no, you must not award any damages for losses suffered by Katherine Jackson. you may still award damages to the remaining plaintiffs. If you said yes go on to question 13.

13. What do you find to be the total amount of damages , if any, suffered by plaintiffs?

a. economic damages : financial support, losses of gifts or benefits, and household services Michael Jackson would have contributed/provided to the plaintiffs during the remaining years of his life or their lives, whichever shorter, calculated to net present value _________________

b. non economic damages : the loss of Michael Jackson's love, companionship, comfort, care, assistance, protection, affection, society, and moral support and Michael Jackson's training and guidance during the remaining years of his life or their lives, whichever shorter, calculated to net present value _________________

If you answered $0 stop, otherwise go to question 14.

If you reached to this section you have determined one or more of the defendants is responsible for Michael Jackson's death. In this section you will determine whether any other persons are responsible for Michael Jackson's death and to what extent. Do not reduce the amount of damages you awarded in question 13 to account for any percentage of fault you award to other parties. Any needed reductions will be done by the court

14. Was Michael Jackson's negligence or wrongful conduct a substantial factor in causing his death?

Yes / No

Please go on question 15.

15. Was Katherine Jackson's negligence or wrongful conduct a substantial factor in causing Michael Jackson's death?

Yes / No

Please go on question 16.

16. Please identify the percentage of the total negligence and fault for Michael Jackson's death was due to conduct of Michael Jackson, Katherine Jackson and each defendant you answered yes in question 11. The percentages must add to 100%.

Michael Jackson ____%
Katherine Jackson____%
AEG Live ________%
AEG Live Productions____%
Gongaware _______%
Phillips _________%


---------------------------------

Will update this post if /when we get information about the finalized verdict form.

Documents on the case are now 6 + days behind. I just got Katherine's objection to AEG's verdict form.

Basically Katherine's side is saying AEG's verdict form is improper and at times leading.

Katherine says there are 4 questions in a negligent hiring claim
1. employee or independent contractor was unfit - incompetent to perform the job they are hired for
2. defendant knew or should have known this
3. employee's incompetence hurt plaintiff
4. defendant's negligence in hiring was substantial factor in causing the harm

They continue to state that jury is not required to answer if there was a written or oral contact (AEG questions 1-4) and judge can just give instructions. similarly they say whether Katherine was dependent on Michael could be addressed in instructions.

Katherine's lawyers argue that some questions AEG had are affirmative defenses (Q6-7 whether AEG knew Murray was unfit and if reasonable person can foresee harm to Michael). Katherine's lawyers call these questions obstacles and imply preference for a particular outcome.

Katherine's lawyers state AEG's form does not include retention and supervision - which are also the claims by Katherine.

This document also shows their disagreements about the allocation of fault section:

Katherine's lawyers state their form has one line for Murray / AEG and another line for Michael Jackson. they state AEG's form does not include Murray and AEG is opposing "Murray / AEG Live" line stating this suggests that AEG is vicariously liable for Murray's actions.

Katherine's lawyers state that
- Murray has to be listed
- AEG's liability is coextensive with Murray's liability (any fault attributable to Murray is attributable to AEG)
- putting AEG and Murray on one line reduces confusion as KJ's lawyers claim AEG's liability and Murray's liability is the same.
- omitting Murray could confuse jury and could make them allocate Murray's fault to someone else
- listing defendants separately should not be done.

AEG and KJ are also having disagreements about
- whether the damages - what is included - should be explained on verdict forms (AEG) or should be explained by judge during instructions (KJ)
- whether to have damages determined all together for all plaintiffs (AEG) or whether they should be determined individually for each plaintiff (KJ)
- KJ's lawyers also state as defendants AEG has no say in how the damages are divided among plaintiffs

 

[ivy]

Tidbits

 

[ivy]

Jacksons have filed Murray's debts with the court. This is the best I can do to summarize them

1. Citicorp Vendor Finance v. Global Cardiovascular Associates – March 2008
$223,210.46 + interest per NRS 17.130 percent
$5,000 attorney fees
$210 costs

2. Popular Leasing v. Acres Home Heart – September 2008

$135,302.42 + 9% interest per annum
Popular leasing gets the possession of the Equipment

3. Julie Brown v. Conrad Murray – December 2008

Child support
$3,678 + 10% interest per annum

$9,622.93 + 10% interest per annum – for legal fees as of October 2007

4. Capital One Bank v. Conrad Murray – September 2009

$960.32 principal amount
$162.94 accrued interest
$240.00 attorney fees
$110 Costs
+28.10 % interest per annum

5. HICA Education Loan v. Conrad Murray – November 2008

$58,395.69
$11,623.43 interest
$1,017.33 costs
$296 attorney fees

------------------------------------------

As the experts being deposed parties will occasionally file motions to exclude certain witnesses.

AEG has filed a motion to exclude one of Katherine's expert witnesses

David Berman - typical practices in music industry, roles of promoters, producers, artists, managers and so on

Previously we couldn't find much information about Berman. According to his CV, he had graduated from laws school, worked in music law and then also worked at Warner Bros records, Capital Records, Geffen Records and Buena Vista Music group. He stopped working in 2001.

AEG wants to exclude Berman citing that

- although Berman was a music recording and publishing executive , he has little to no experience in regards to tour industry, never promoted or produced or managed a tour. he doesn't know the difference in the roles of a tour manager and production manager

- Berman often refers to depositions, emails etc. shown to him by Katherine's lawyers and state his opinion is based on "common sense" or "logical conclusions"

- Offers opinions unrelated to his area of expertise such as medical stuff, doctor qualifications and addiction

- Opinions are not based on expertise or scientific methodology and says he doesn't need expertise

- he testifies about "knowledge, motive, state of mind" of AEG and make credibility determinations all of which should be left to a jury to determine

A partial deposition transcript is also added to the file and AEG also points out his inconsistencies. For example Berman testifies it was inappropriate for AEG to hire a doctor etc but then he also mentions he never been involved in hiring process for a tour, when he hired people he didn't do background checks, he doesn't do background checks on his own personal doctors and he don't check for debt on his personal doctors.

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ABC7 Court News ‏@ABC7Courts 5h
Tally so far: 81 people filled out the questionnaire, 348 have been excused for hardship, 429 jurors have been screened so far.

ABC7 Court News ‏@ABC7Courts 5h
Attorneys are discussing calendar and currently they estimate either April 26 or 29 for opening statements in the case.

ABC7 Court News ‏@ABC7Courts 4h
Attorney for AEG estimated he will take half of a day, about 2h30, for his opening. Jacksons attorney estimates less time.

ABC7 Court News ‏@ABC7Courts 4h
Attorney for Jacksons want to discuss the final verdict form prior to questioning the jurors. Arguments will be heard earlier on Monday

ABC7 Court News ‏@ABC7Courts 4h
Tentatively, attorneys will have various motions on April 24 and 25. But everything is up in the air. Attys still conducting depositions

--------------------------

ABC7 Court News ‏@ABC7Courts 8h
Before court was adjourned for lunch, Jacksons' attorney and AEG's attorneys had some harsh words to each other.

ABC7 Court News ‏@ABC7Courts 8h
Brian Panish, attorney for the Jacksons, asked for additional time to file response to the motions filed by defense.

ABC7 Court News ‏@ABC7Courts 8h
Jessica Stebbins Bina and Marvin Putnam, attorneys for AEG, argued that court should keep the current brief schedule.

ABC7 Court News ‏@ABC7Courts 8h
Panish disagreed saying he doesn't have several attys in the case, like the defense. Putnam said it's being difficult to work w/ plaintiffs.

ABC7 Court News ‏@ABC7Courts 8h
Putnam to Panish: is this your way to show civility? Panish to Putnam: you're the most uncivil lawyer I've ever seen in my years of practice

ABC7 Court News ‏@ABC7Courts 8h
Judge to Panish: you don't really mean that. Panish to Judge: he's set new records, I've never seen anything like this.

ABC7 Court News ‏@ABC7Courts 8h
At the end of the arguments, judge said she will give plaintiffs additional time to file they opposition to defense's motions.

ABC7 Court News ‏@ABC7Courts 8h
Jessica Bina told the judge she believes there are 9 motions pending, majority from defense, and probably 5 coming from plaintiffs.

ABC7 Court News ‏@ABC7Courts 8h
Judge Palazuelos indicated 2 the attorneys she feels time is quickly slipping away. Panish said he doesn't believe trial should last 90 days

ABC7 Court News ‏@ABC7Courts 8h
Panish said he never estimated it to be his long and feels 60 days should be sufficient. He said defense is asking for 90 court days.

ABC7 Court News ‏@ABC7Courts 8h
Panish said 90 court days translate into five months plus, not three months as everyone is being saying.

ABC7 Court News ‏@ABC7Courts 8h
Putnam said both sides have a lot of expert witnesses and that plaintiffs agreed with the 90 days estimate.

----------------------------------------------------------------------

I just got AEG's opposition document to media coverage. In that document they mention one certain fan's actions and recent tweets

"Defendant Phillips and counsel was threatened outside Judge Pastor's courtroom and had to be escorted out of the building by Sheriffs"

"The potential attacker was later banned from Judge Pastor's courtroom."

"this same person who had to be physically restrained by Sheriffs in Murray criminal trial, was present in the April 2, 2013 hearing"

"she also made numerous ominous comments about defendants & defendants counsel including one of them "should be locked for child abuse" "

It shouldn't hard to guess who this fan is and if you can't guess her name is in the document.

The full document here - http://www.scribd.com/doc/134983249/AEG-Reply-to-Media-Request