[ Pretrial Discussion Closed ] AEG files summary judgment motion to dismiss Katherine's lawsuit

[ivy]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I actually think the evidence that aeg hired murray is pretty strong. it's just that there was no signature on the contract. But all the facts surrounding what was going on in those last couple of months demonstrate that there was some contractual relationship going on, with murray attending mj every night, aeg execs having meetings with murray and asking him to get mj to rehearsals, the contract negotiations between aeg and murray, the fact murray had closed down his practises and said goodbye to patients, the fact aeg were sorting out london accomodation for him etc. Murray thought he was going to london and aeg certainly looked as if they were expecting murray was going to london, it was just that the contract wasn't signed - and the contract was backdated to beg of may i think ivy said. So for me, all the facts suggest a verbal contract at least.

all true and I agree but also don't forget that the contract says he's hired on Michael's request, being paid by Michael's share and is an independent contractor. So that just makes AEG the middle man who is advancing the money.

I mean, the Jacksons like to say that Michael Jackson was AEG's golden goose. So I would have to ask, why in the world would AEG want anything aside from the best in order to ensure that their so-called golden goose was well taken care of

Actually if you even look to AEG's "control" and forcing Michael, it is about making him show up to rehearsals and make him perform. So they wanted him alive and performing - not dead.

 

[bouee]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I definitely don't agree with what katherine is doing, but I'm trying to think from her point of view :

AEG did not want Michael dead, but can the Jacksons argue that given all the "warning signs" (Kenny's email, Gongaware's e mail ) , plus the fact that there were problems in the past that Gongaware was supposedly aware of (here comes LMP to testify that Michael was abusing medication and / or was a victim of other Doctors Feelgood) , all these things should have make AEG look a little deeper and question what Murray was actually doing ?

Since the contract was not signed, when does the negligent hiring begin ? What I mean is Ok, everything looked fine at the beginning, but then there were warning signs, so when was AEG actually negligent - according to the jacksons ?

Though I agree , it would have been impossible for AEG to find out, and Michael was free to chose his doctor, it's a basic right, at least in my point of view.

 

[bouee]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

technically Murray just notified them of his intent to plead the 5th, they could have still done the deposition by still asking him the questions and trying to get him answer and even ask the judge to force him to answer. It seems they decided not to do that - hence "jacksons cancelled the deposition"

on what grounds can a juge do that (force him to answer) ?

 

[Tygger]

Last Tear:

Restitution can bring more hardship on a family than the defendant whose life is NOT necessarily hindered. The Goldmans know this first hand and what they have said in public may not be how they truly feel privately. I would not wish that hardship on anyone and I will not fault the Jacksons for siding against it.

Michael’s memorial was seen by MILLIONS while the doctor’s trial got its highest viewership on verdict day with less than 800,000 viewers. That number does not compare very well to other high profile trials around the time. He may have importance in fandom and maybe that makes fans believe he will be financially successful but, he does not have that importance outside of fandom and his financial success is fantasy at best.

NO convicted criminal has ever profited as a social pariah with or without restitution and neither will this one.

 

[LastTear]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^^^ No but Michael does. Even people who don't think much of MJ want to hear about him.

I don't know in depth about the goldmans, but what I do know is that they sued the same person who stood trial for ther sons murder. And I think it had little to do with actual money in their hand.

You feel that it's right to go after AEG because you believe Murray will not profit? The media bite people's hands off to dish the dirt on Michael, I don't know how you don't think it will happen. Restitution would have guaranteed that he didn't profit.

 

[qbee]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I hope you are right Tygger. I dont totally reject your opinion. I really hope the public rejects and doesnt have interest and I hope the media treats him like piariah _but I have my doubts .. He is such a constant stay in the media .. his every move and word is publisized and sent to all media outlets. Even my Local Fox news station reports if Murray farts. Wether we like it or not he has become famous, a celebrity, becuase of his connection with MJ

 

[LastTear]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I hope you are right Tygger. I dont totally reject your opinion. I really hope the public rejects and doesnt have interest and I hope the media treats him like piariah _but I have my doubts .. He is such a constant stay in the media .. his every move and word is publisized and sent to all media outlets. Even my Local Fox news station reports if Murray farts. Wether we like it or not he has become famous, a celebrity, becuase of his connection with MJ

This is true. But equally they don't have to be interested in Murray as a person, just whatever he can say about Michael.

 

[Tygger]

Last Tear, restitution guarantees nothing. It depends on the case. That’s what the Goldmans have shown. The Goldman's lost their son and no one was held criminally for it AND the civil judgment caused them more hardship than expected. They also have no one else to go after.

The doctor is only serving two years and restitution would NOT stop him from talking. What’s stopping him from profiting is his revoked license he hopes to get back on appeal (that will fail). The Jacksons believe AEG is blameworthy and I want to find out as well.

Qbee, Fox owns TMZ. They constantly write up the doctor, repeating articles and creating fake ones when they don't have new ones because fans click, read, share, discuss. The fans indirectly create the public demand which drives the revenue. Other outlets pick up on TMZ’ success and join in on the revenue stream.

 

[ivy]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Qbee, Fox owns TMZ.

No they don't. Time Warner owns TMZ.

 

[Severus Snape]

Last Tear, seems your questions to me were answered in my absence. That's not what I would have said or have said but, that's fine.

More facts: Not EVERY Simpson interview was paid. We already discussed the reason the book was published instead of silenced. The Rolex the Goldmans wanted as payment in their wrongful death judgment was deemed fake. It was given back to Simpson because it was exempt from the judgment due to the low monetary value. Simpson was eventually convicted of robbery (among other things) of sport memorabilia which included his own items. There was no proof he would resell those items; the memorabilia dealers he stole it from was going to sell them. If Goldman somehow related that conviction to his damages, that is his opinion.

Simpson did not get much public support even though he was not convicted of double murders. The doctor will only be sought after by the media if there is a profit for them which will come from public demand. The doctor would still be allowed to grant free interview (like he did before conviction and as Simpson has done) whether the Jacksons’ accepted restitution or not.

I STILL do not see how this convicted doctor will somehow garner enough public support for him to amass a fortune, a profit, anything but, if others see that as a possibility, that is fine. I will not be hanging on his every word when he is released. If others will be waiting to hear what he has to say about anything and everything and nothing, that is fine too.

Had the Jacksons pursued restitution, there would be little to no incentive on Murray's part to participate in a free interview, though. He gave his first interview out for free the first time as a way to promote the documentary which his parties WERE profiting from. He did not do this as a charity service. It was done as a promotional thing for the ill-fated MSNBC documentary which aired after the trial's conclusion.

It really doesn't matter whether, in reality, he is profitable or not as far as being a source of information [more like misinformation] regarding the last days of Michael's life, Michael's health, lifestyle, personality, etc. What does matter is the fact that he is now free to profit from his crime in the event the media does express interest in hearing from him--something the Jacksons could have very swiftly put a stop to had they chosen to pursue restitution against Murray. If, in the future, he does go on to spin more tales about Michael, sympathy for the Jacksons will be nonexistent, they will have no right at all to complain about it, as they had the chance to put an end to it before it began.

BTW why do you keep calling him a doctor? What kind of s--t doctor doesn't know CPR? He's Conrad Murray, now disgraced EX-doctor turned convict.

 

[Petrarose]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Funnier & funnier!! The best part is:

But lawyers for Jackson's mother, Katherine, and her three children called off their jailhouse visit because Murray swore "he would not answer any questions at the deposition or the trial," Jackson lawyer Kevin Boyle told CNN. He said the Jackson case would not suffer without his testimony.

AEG's lawyer suggests the Jacksons canceled Murray's deposition because his testimony would "destroy" their case.
"They are not interested in the truth," said the lawyer, Marvin Putnam.

I agree. When they got that letter, they decided it was best to leave that unpredictable man alone. I see Muarry finally decided to listen to his lawyer, because at first she said she advised him to take the fifth, but he had a mind of his own. Who is the family lawyer kidding when he states that Muarry's refusal will not harm his case. They were trying to get Muarry since the day of the verdict, & then went to court to make him do the deposition. You don't do all that if you think someone's testimony is not that important to your case.

The pieces that hold this case together are falling off piece by piece by piece.

 

[ivy]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Proposed verdict form from Katherine. AEG disagrees with this form

 

[Aquarius]

Last Tear, restitution guarantees nothing. It depends on the case. That’s what the Goldmans have shown. The Goldman's lost their son and no one was held criminally for it AND the civil judgment caused them more hardship than expected. They also have no one else to go after.

The doctor is only serving two years and restitution would NOT stop him from talking. What’s stopping him from profiting is his revoked license he hopes to get back on appeal (that will fail). The Jacksons believe AEG is blameworthy and I want to find out as well.

How do you know the civil judgment cause them more hardship than expected? How about if he thinks or feels that that's the way to show love for his son. How about if they don't care about hardship and they just care about making OJ's life a misery the same way that OJ did to him. And I bet you if there were any other person to blame for the loss of his son, he'd have gone after the other person too.

Blameworthy of what? Of hiring Conrad, of not supervising Murray. Michael brought Murray in and Murray as a doctor was supossed to do what was best for Michael not AEG. And how getting money from this case will bring the truth out.

I believe that if OJ, for some unknown reason, gets some big bucks Mr. Goldman would be after him, for the memory of his son & for the pain OJ caused him & his family unlike the Jacksons that just want money because they like what money gives them but not for love or for the pain of losing a son & brother.

On these two cases two people died at the hands of another, relatives of the decendants are asking for restitutions but the motives are completely different.

 

[Petrarose]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

How were they going to supervise a doc that was working with Michael & was not signed onto the team as yet? At least the questions have negligent in it, the word in the remaining count.

I like the part about "future love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance" I could see this applying to the children, but it is hard to see a cash figure applied to it some how. I guess everything has a price in a lawsuit.

 

[Aquarius]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Veredict form- I don't understand 3a, past support, contributions, gifts. What time is she referring to? I know she doesn't want the allowance from the estate to be included but that line gives the impression that she's left with no money.

 

[Tygger]

Ivy, thanks for correcting.

Severus Snape, if I called the doctor what I would like I would be banned.

Aquarius, restitution isn’t always automatic. When the defendant gains income, the justice system does not keep track for you at all times. The family has to keep track of the defendant and if they earn income. When the family suspects income, they have to retain a lawyer so they can collect. The judge decides if the income comes under the judgment. Damages are awarded provided the income is still there. If not, the family lawyer has to do more work: finding where the income went and trying to recover it.

That is not easy. I sympathize with the Goldmans for doing that for YEARS! It’s a hardship whether you receive payment or not.

The Jacksons can only go after AEG through civil court. If AEG is found guilty, the only way the company suffers is through monetary compensation; they are not going to do time. The jury will decides the damage amount if the plaintiffs are successful. I am not the only person wanting to see if they are blameworthy. It seems to be a very popular topic here.

This world is pathetic if a convicted killer will receive millions for an interview, book, etc. I have never heard of that happening. Why is there more anger at him being paid for whatever based on sick public demand than to watch him walk free at the end of this year?

 

[ivy]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Veredict form- I don't understand 3a, past support, contributions, gifts. What time is she referring to? I know she doesn't want the allowance from the estate to be included but that line gives the impression that she's left with no money.

I don't know. the time period between June 25 2009 and the verdict day in 2013? could it be the past? and the future being the future

 

[marebear]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

There is anger about Murray getting out probably at the end of this year. The sentence was not enough for what he did to Michael. He is going to try and make as much money as he can. He needs money. He needs to remember for the rest of his life what he did. Making sure he doesn't make even $1 of it is punishment. Michael's family could have stopped him from making money but they chose to go after AEG because the money is more important to them than justice for Michael. $40 billion? That is insane.

Where is the anger towards Murray from the family? The only outrage I see from them is when it concerns money. They are not in the will, they are not in charge of the estate, not involved in projects and so on. Murray gets to be with his kids again but Michael won't ever be with his kids again. It doesn't matter if they ever got a dollar from Murray. The point is Murray not getting a dollar off of Michael. The person he killed.

 

[ivy]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

no documents yet but case summary updates


03/18/2013 Miscellaneous-Other ( denying the ex parte to depos. Philip Anshutz )
Filed by Attorney for Plaintiff/Petitioner

03/18/2013 Opposition Document ( TO PLTFS EX PARTE TO COMPEL DEPO OF P. ANSHUTZ )
Filed by Attorney for Defendant/Respondent

03/18/2013 Ex-Parte Application (to compel deposition of Philip Anschutz )
Filed by Attorney for Plaintiff/Petitioner

--------------------------
It looks like Katherine wanted to depose Philip Anschutz (but got denied - I'll confirm it when the documents are posted. so don't take it as factual yet)

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

03/18/2013 Opposition Document (to defts ex parte to compel third party to produce documents )
Filed by Attorney for Plaintiff/Petitioner

03/18/2013 Order (compelling non party to produce documents )
Filed by Attorney for Defendant/Respondent

03/18/2013 Opposition Document ( RESPONSE TO EX PARTE REQUEST FILED BY DEFT )
Filed by Objector

03/18/2013 Ex-Parte Application (redacted to set date certain for pltfs deposition )
Filed by Attorney for Defendant/Respondent


03/18/2013 Miscellaneous-Other (IN SUPPORT OF DEFTS EX PARTE TO COMPEL NON PARTY TO PRODUCE DOCS )
Filed by Attorney for Defendant/Respondent

03/18/2013 Ex-Parte Application (unredacted ex parte application re date certain for pltfs depo. *not scanned, sealed* )
Filed by Attorney for Defendant/Respondent

03/18/2013 Order (setting date certain for pltfs deposition )
Filed by Attorney for Defendant/Respondent

03/18/2013 Opposition Document (to defts ex parte to set date for pltfs deposition )
Filed by Attorney for Plaintiff/Petitioner

03/18/2013 Ex-Parte Application (to compel non party to produce documents )
Filed by Attorney for Defendant/Respondent

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

AEG is wanting to set dates for some depositions and get someone to give them the documents they are asking for

 

[jamba]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

re the 40 Billion, there were some funny (to me anyway) comments on Huffpost about that, such as:

Will they take a check?

I really miss MJ too--I want a billion.

Why not ask for all the marbles? 40 Trillion

$40 billion or Emperorship of the world?

Not going to happen.

From the comments, you can tell people are aghast and see right through this.

 

[Tygger]

Marebear, the anger regarding the doctor getting convicted on a lesser charge seems to be much less than the anger that the Jacksons did not accept restitution unless I’m missing something.

Are the Jacksons the only people on earth capable of reminding the doctor of what he’s done?

I never heard any Jackson say they are pursing AEG for money so how was that discovered? If they are so “money hungry” why wish them more riches with the doctor’s fantasy profits through restitution?

Where was it said the family is not angry with the doctor who took their loved one?

 

[Severus Snape]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Severus Snape, if I called the doctor what I would like I would be banned.

Then just call him Murray. He is, after all, no longer licenced to practise medicine, so the aforementioned label no longer suits him.

As for the whole Jacksons vs. AEG topic being popular.... it's not popular because people are legitimately wondering whether AEG was negligent in [not even officially] hiring a 'bad' [though, considering Murray had no significant infractions prior to this, how would they reasonably know what a sleazebag he actually was?] doctor. It's a popular topic of discussion because most people can't believe how such an asinine lawsuit is still being humoured in court.

 

[Bubs]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

On Monday, he was supposed to be deposed in the wrongful death suit.
But lawyers for Jackson's mother, Katherine, and her three children called off their jailhouse visit because Murray swore "he would not answer any questions at the deposition or the trial," Jackson lawyer Kevin Boyle told CNN. He said the Jackson case would not suffer without his testimony.

I find the last sentence very interesting, in other words nothing he would say would HELP the Jacksons case.

Well spotted, interesting indeed.
Why they wanted him if nothing could have helped their case?

 

[Bubs]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

As much as you can never predict what a jury will do, I really thought this case would be a slam dunk for AEG. I think they'll win on who hired Murray, but that Gongaware statement could sway a jury into buying into the effect his words might have had on Murray.

Sadly, this thing really could go either way (even though not remotely to $40 billion.)

Then again, no doubt AEG will bring in what CM said to Ortega to mind his own business, and let him take care of MJ.
That should show to jury that CM wasn't taking orders from them.

I was not surprised that Murray would take the Fifth. He wants to have his conviction overturned so he can have a chance at getting his medical license back. He doesn't want a medical practice in some deadbeat place (with low rent strippers and cocktail waitresses), he wants to stay in the big markets.

He would fit right in with low rent strippers and cocktail waitresses, but I think you are right, as now he considers himself as famous or celebrity:angry:

It amounts to Blowing Smoke and is definitely not fact based, since, as I said previously (and we all know) Murray was NEVER paid. Never "officially" paid. Now I don't know if Michael threw him a few dollars on the side to help keep him current, but the fact is Murray never received any monies from AEG.

Didn't Prince or Paris say in their deposition that MJ told to give money to CM and he refused to take it? I wonder how that is going to effect and which way?

 

[gerryevans]

Marebear, the anger regarding the doctor getting convicted on a lesser charge seems to be much less than the anger that the Jacksons did not accept restitution unless I’m missing something.

Yes, you are missing something. The rage, outrage, disappointment and frustration of when the charges were FIRST leveled and the realization of what the maximum would be. But just like the pain of losing MJ, Murray's sentence has been accepted. Nothing can be done about it. Michael is forever gone, and Murray will be free to roam strip clubs again soon.

Are the Jacksons the only people on earth capable of reminding the doctor of what he’s done?

Actually, I think it's unhealthy to be preoccupied with Murray. He virtually got a free pass for killing a man. And two years is a free pass for taking someone's life IMO. But for anyone to let that realization eat away at them makes them another Murray victim. That's why at least for fans there would have been some solace, albeit minor, with the restitution. It would mean he was always in some tangible way paying for his crime, which would always remind HIM of it. Even though he doesn't think he did anything wrong, it would have made me happy knowing regardless of what he thinks, he'd still be being punished. That was the value of the restitution, not any dollar figure he'd actually be able to generate.

I never heard any Jackson say they are pursing AEG for money so how was that discovered?

This statement confuses me, so I'll just respond with: $40,000,000,000

Where was it said the family is not angry with the doctor who took their loved one?

I really don't know what the family feels about Murray. I've certainly never ever heard them vilify him as they have AEG or MJ's executors, but rather refer to him as the fall guy, the finger of a bigger hand, a black man being accused, as if because he's black, it's more acceptable to believe his guilt. And yet they know this is the guy who gave their brother a lethal drug (Murray only disputes the amount he gave him at the time), which demands constant monitoring, but left him to go talk on the phone to his various women. And yet he's a fall guy. They've made him sound more like victim than the killer of their brother, so again I don't know what the family feels about Murray, but I sure do know what they think of people with BIG cash that they want to get their hands on.

 

[Bubs]

Well said Gerryevans:bow:
-------------------------------------
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.
--------------------------------------

The cold hard fact is that the above is the reason for this lawsuit. Katherine cannot support her cubs, cubs of the cubs, and countless others with the money she gets from the estate, so this is her way to get the money so all 200 Jackson's don't have to learn how to support themselves. It mightn't have been Katherine's idea, but she put her name on the lawsuit and her name was needed, in order she can distribute the money she gets to useless and lazy Jackson's.

 

[Bubs]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Proposed verdict form from Katherine. AEG disagrees with this form

If jury agree with Jackson's, I would love to see $ 1 in each row.

 

[Bubs]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Jackson brothers don't see anything wrong doing a show @ Staples center, isn't that AEG owned?
You have to wonder that AEG even let them to do concert in their premises, and you have to wonder even more, aren't brothers scared in case AEG kills them too?

THE Jacksons at Staples Center in Los Angeles

Sun Jun 30 2013 - Mon Jul 01 2013 - 19:00 - 0:00

@ Staples Center in Los Angeles

 

[elusive moonwalker]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

talk about being hypocritical. then they are still trying to compete with mj even now fo the venue mj rehearsed in. frankly im surprised they didnt try to do the 02

How they gonna sell that place out when they couldnt even sell out a couple of thousand seat venues.

 

[Big Apple2]

Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

How they gonna sell that place out when they couldnt even sell out a couple of thousand seat venues.

It's the BET Experience. Also performing that night will be R. Kelly and New Edition. It looks like R. Kelly is the featured act. Beyonce is also doing the BET Experience on June 28th, but she, of course, will be performing by herself.