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

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

Since my job is the same as the felon's, my input is simply that the felon is responsible for his patient's death, not AEG or any other lay person. He was in that room alone with his one patient and his poor judgement and decisions caused the outcome. Doesn't matter at all what pressures he may or may not have been under...his duty was to put those aside and do what was best for his patient and he failed. If we are to indict AEG for their poor treatment of Michael, then we have to go back years and include all the managers, lawyers, handlers, press and even fans who pressured/exploited him. If AEG had questions/concerns, as they apparently did, who is it that they asked? Murray. And his response was that Michael was healthy.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Nathy MJ said:
I don't think it's clear that Ratner administered propofol to Michael in the History tour. I remember when asked about it in 2009, Ratner said he didn't want to talk about it at that moment. But I don't know if there's a more recent interview with him or if he confirmed he used propofol.
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Ratner never talked about this medical care of Michael - although he could become a witness in this civil trial. But it was assumed that he probably gave MJ propofol simply based on the fact that his expertise is in anesthesiology.

Petrarose said:
About the depositions being conducted with AEG employees by Katherine's team, are they expecting to get from these employees information that AEG knowingly made Murray give Michael propofol/hired Murray & did not supervise him/dictated Michael's medical care? I am curious as to what information the 5 other employees that are being deposed can give to help this case.
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They want to depose AEG people as AEG heavily relied on their testimony in their summary judgment. They want to challenge them and/ or ask them more questions. That doesn't mean that what these people say will change or help Katherine's case.

For example Jorrie has testified in Murray trial in great detail, just because she sits down and answers KJ's lawyers questions doesn't mean she'll bring any new or different information to the table.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

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

Oh I see thanks Ivy about the deposition answer.

Lamat you brought up an interesting point about they can use the same argument to go after people like his managers, fans, managers, but you forgot a key group--the family. How about Joe & co....
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

"Katherine's lawyers deposed Woolley on June 12 but cancelled all the rest of the depositions (Jorrie, AEG MKP, Phillips, Leiweke and Gongaware) saying that they will do the depositions after they got all the documents. It seems AEG lawyers wasn't very happy with these cancellations as AEG top managers - Leiweke, Phillips and Gongaware - are busy executives and it was a hassle for them to empty full day(s) for depositions and then having it cancelled."

They didn't have much when they started this case against AEG, and they still don't if thee are waiting documents from AEG.
Can AEG ask delay too if they don't have enough time to prepare for the trial after delays from Katherine's side?

Just wait Randy J tweet when he start accusing AEG for delay, when the reason is Katherine side, and her people postponing and dodging depositions.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

AEG is not responsible for Michael's decisions and Murray's really bad judgement...Michael was a smart adult, a very inteligent man and in this case he made a huge mistake that cost his life...it is really, really sad and we miss him every day...
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thanks for all news .............wait and see :bored:
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs so right all though this case we saw the family side waiting for documents from AEG to build their case. Basically they went into this case with a list of allegations, seeing which ones would stick. I picture them going through the depositions and e-mails hunting for some shred of evidence to help their case.

I wonder if AEG can use the evidence Shaffer gave at trial to help their side? Shaffer really showed how Muarry was negligent, & if AEG can prove they did not hire Muarry or supervise him, then this would be a big positive for AEG.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
"Katherine's lawyers deposed Woolley on June 12 but cancelled all the rest of the depositions (Jorrie, AEG MKP, Phillips, Leiweke and Gongaware) saying that they will do the depositions after they got all the documents. It seems AEG lawyers wasn't very happy with these cancellations as AEG top managers - Leiweke, Phillips and Gongaware - are busy executives and it was a hassle for them to empty full day(s) for depositions and then having it cancelled."

They didn't have much when they started this case against AEG, and they still don't if thee are waiting documents from AEG.
Can AEG ask delay too if they don't have enough time to prepare for the trial after delays from Katherine's side?
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They have the documents for some time now and the only reason they got the documents late is because Katherine's side didn't want protective order on the documents and the other side did. They spent months arguing about it.

They didn't have much yeah they had a few people's statements -such as Karen Faye- and jumped into it with those. However finding new information/ evidence during discovery is normal. For example imagine that you are my accountant and I suspect you are stealing money from me. I can file a lawsuit and request you send me your accounting books - which I didn't have access before- and can find discrepancies.

yes both sides can ask for a delay of the trial if they have a legit reason but I don't think they want any more delays,

Petrarose said:
I wonder if AEG can use the evidence Shaffer gave at trial to help their side? Shaffer really showed how Muarry was negligent, & if AEG can prove they did not hire Muarry or supervise him, then this would be a big positive for AEG.
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Not really.

This lawsuit doesn't claim that Michael died in any other way or AEG killed him. It assumed that Murray killed Michael with his negligence. The only question is that with the work agreements between AEG - Michael and AEG - Murray does AEG had any duty or any responsibility.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^So back to the hiring & supervision issue Ivy? Are they saying we know Muarry was negligent, but it is because of you that this happened since you hired him and did not supervise him?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

mainly yes.

one of the arguments is about hiring and supervision and AEG sharing responsibility as they were hiring Murray. Another part is about their duties - if any - towards Michael based on their contract with Michael. And finally there's the dependence and control arguments.

So the overall argument becomes you hired this negligent doctor, you didn't supervise and train him properly, you didn't do your duties towards Michael and you controlled him as he was dependent to you.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^Thanks Ivy, so we will see what happens within a few days. I will like to see how the family lawyers respond to all the points AEG raised when they asked for the dismissal.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^

Not in a few days. Katherine's response is due mid February, oral arguments February 25 and judge to make decision will take time as well.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^ Oh thanks.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

FYI

Bubs said:
01/04/2013 Proof of Service (RE: SUMMONS AND COMPLAINT PARTY SERVED: CONRAD MURRAY )
Filed by Attorney for Plaintiff/Petitioner


Ivy, what this means?

Katherine wants to hear what Murray has to say as that was filed by Plaintiff's side?
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Well you don't need me :)

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

ea0gf7.jpg
 
Michael Jackson’s Mom Gets Court Favor

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.

“Accordingly, these X-rays and slides may be used by (plaintiffs’) 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/2013/02/06/michael-jacksons-moms-lawsuit-court-order/
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

"Slides and X-rays." Sorry, but I don't get it. What do they expect to find by looking at slides and/or x-rays?

Aside from Mother's side of the table selling the "slides and x-ray" information to the nearest tabloid organization, I don't see the point in said request.

And even selling that type of information to a tabloid doesn't sound like much of a "get," in my opinion.

It might just be me, but right about now the only sound I hear is the sound of scrapping the bottom of the barrel.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Big Apple2 said:
"Slides and X-rays." Sorry, but I don't get it. What do they expect to find by looking at slides and/or x-rays?

Aside from Mother's side of the table selling the "slides and x-ray" information to the nearest tabloid organization, I don't see the point in said request.

And even selling that type of information to a tabloid doesn't sound like much of a "get," in my opinion.

It might just be me, but right about now the only sound I hear is the sound of scrapping the bottom of the barrel.
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I guess that if anything material is withheld, they will say that 'evidence to support their case was hidden/ suppressed'. Probably better to let them have it in the long run....?
 
"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."

What does this mean? Didn't the court find Murray guilt of involuntary manslaughter? So how can AEG say they don't agree that Murray was negligent? What does this mean that AEG refuses to say MJ had no fault in his own death? Is it b/c MJ insisted on Murray being retained? Can someone translate this part of the article?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

ivy said:
Ratner never talked about this medical care of Michael - although he could become a witness in this civil trial. But it was assumed that he probably gave MJ propofol simply based on the fact that his expertise is in anesthesiology.



They want to depose AEG people as AEG heavily relied on their testimony in their summary judgment. They want to challenge them and/ or ask them more questions. That doesn't mean that what these people say will change or help Katherine's case.

For example Jorrie has testified in Murray trial in great detail, just because she sits down and answers KJ's lawyers questions doesn't mean she'll bring any new or different information to the table.
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Re Ratner--I thought he was quoted as saying 'I take him down and I bring him back up" or words to that effect?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Recently AEG and Katherine's side had a disagreement about number of pages that the summary judgment motions will be.

Previously both sides had agreed and court had granted an additional 5 pages. AEG had filed a 25 page motion (5 pages longer than normal) for AEG Live, Phillips and Gongaware. A separate 11 pages motion were filed for AEG and Leiweke. AEG's motions were a total of 36 pages. Katherine had 45 pages limit - 25 pages (with 5 extra pages) to answer to the AEG Live, Phillips, Gongaware and the regular 20 pages to answer to AEG and Leiweke.

Katherine's lawyers first state they want to file a 35 page motion - 10 more extra pages than the 5 already agreed upon, and later say that they want 30 pages - 5 more extra pages than the 5 already agreed upon. Katherine's lawyers argue that there are a lot of stuff and information and they need the extra pages to respond to them properly.

AEG objects the request claiming there are only 6 issues to address in the summary judgement. Those are
- AEG did not assume a duty to protect Michael from his long time doctor Murray
- the harm to Michael was not foreseeable
- AEG did not hire Murray
- the harm Murray posed to Michael was not foreseeable
- if Murray had been hired, he would have been an independent contractor and not an employee

AEG also claims the reason Katherine's lawyers asking for more and more pages is to complicate the summary judgment motion and "throw everything see what sticks" approach in hopes to survive the summary judgment motion. AEG also says as they will have 9 days to respond to what Katherine lawyers file, the more pages will make it harder for them and put them in a disadvantage.

Judge granted Katherine's request and extended it to 30 pages. Judge also gave AEG extra 5 pages in their response.

In short Katherine's and AEG's lawyers are fighting like cats and dogs over 5 pages.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

ivy said:
AEG objects the request claiming there are only 6 issues to address in the summary judgement. Those are
- AEG did not assume a duty to protect Michael from his long time doctor Murray
- the harm to Michael was not foreseeable
- AEG did not hire Murray
- the harm Murray posed to Michael was not foreseeable
- if Murray had been hired, he would have been an independent contractor and not an employee

AEG also claims the reason Katherine's lawyers asking for more and more pages is to complicate the summary judgment motion and "throw everything see what sticks" approach in hopes to survive the summary judgment motion. AEG also says as they will have 9 days to respond to what Katherine lawyers file, the more pages will make it harder for them and put them in a disadvantage.

Judge granted Katherine's request and extended it to 30 pages. Judge also gave AEG extra 5 pages in their response.

In short Katherine's and AEG's lawyers are fighting like cats and dogs over 5 pages.
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Judge Palazuelos should keep the case wrapped around those 6 issues and not allow any more foolish fishing expeditions from Katherine's side.
I miss Judge Pastor's firm and fair handling Murray trial, and his on liners such as "deep sea fishing expedition":)

"throw everything see what sticks"
Sounds like Flanny and Cherny's tactics during Murray trial.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I knew the judge would do that. It is a pattern of hers. ^^Bubs Yes Pastor was more structured in that respect, but now we have left deep fishing behind & gone into the exploration of space itself!!
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^ Well, we will hear this week when Katherine's side is filing their response how far out of space they've gone.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I hate that the Judge comes off as being biased towards the Jacksons. This was all about money from the get-go and not justice for Michael.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
^^ Well, we will hear this week when Katherine's side is filing their response how far out of space they've gone.
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It seems we might not see what Katherine says in her response. The court system show the documents as "not scanned". It means they most probably refer to confidential and sealed material and therefore not scanned and published for the public.

I'll continue to check it to see if redacted versions ever get posted.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

ivy said:
It seems we might not see what Katherine says in her response. The court system show the documents as "not scanned". It means they most probably refer to confidential and sealed material and therefore not scanned and published for the public.

I'll continue to check it to see if redacted versions ever get posted.
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Thanks Ivy. I hope we will see where Katherine and Co are going with their case.

That sealed information is not about Michael, thats for sure.
They have not exactly been shy on showing Michael in bad light if it serves their purpose to get money out of AEG.

If they are ready to hand Michael out to there, they should be ready to put themselves out there too.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

The Jackson`s in skandinav. TV. Starts at Min 39.

http://tv.nrk.no/serie/skavlan
Jermaine says Murray is only the finger and he wanted the world to konw what really happened. He mentions also the trial in April.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Can someone who watched that program post here who Jermaine thinks killed Michael? Was it AEG or Branca?
To be honest, I don't think they know much of anything at all, its all talk when it comes to LaToya, Randy and Jermaine.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

The family will say whatever gets them paid more for articles/appearences and helps in their quest for an early retirement fund in april. they make a mockery and belittle what happened to mj inreturn that helps the media do the same. its like some big game and joke to them. i guess they should be asked who contributed to his insomnia for all those years. i guess they will blame aeg/branca aswell!

they are in the uk on loose women aswell as no doubts other shows next week.probably gonna tell the same story
 
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