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Home > Arthur v. Harrington

Arthur v. Harrington [1]

Submitted by DMLP Staff on Fri, 09/19/2008 - 15:46

Summary

Threat Type: 

Subpoena

Date: 

01/28/2008

Status: 

Pending

Location: 

Texas

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Virgie Arthur, mother of deceased celebrity Anna Nicole Smith, subpoenaed blogger Lyndal Harrington in a federal defamation lawsuit.  Arthur originally filed claims of defamation and conspiracy to defame against Howard K. Stern, CBS Studios, and KPRC Houston after Stern and Anna Nicole... read full description
Parties

Party Receiving Legal Threat: 

Lyndal Harrington

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Texas

Location of Party: 

  • Texas

Legal Counsel: 

Neil C McCabe, Melvin Michael Meyer

Legal Counsel: 

Pro se
Description

Virgie Arthur, mother of deceased celebrity Anna Nicole Smith, subpoenaed blogger Lyndal Harrington in a federal defamation lawsuit.  Arthur originally filed claims of defamation and conspiracy to defame against Howard K. Stern, CBS Studios, and KPRC Houston after Stern and Anna Nicole Smith allegedly defamed Arthur on an episode of "Entertainment Tonight."  Numerous blogs and websites discussed and criticized Arthur following the episode and lawsuit.

The subpoena against Harrington sought:

  • all of Harrington's e-mails sent to or received from Stern and Smith;
  • all e-mails regarding Arthur or her attorneys, regardless of who they came from or were sent to;
  • all documentation regarding Harrington's blog and website postings related to Arthur, Stern, Smith, and other parties related to the suit;
  • various chat room logs concerning the suit, related parties or related issues;
  • all documents concerning communications with Stern and other parties, including Stern's attorneys; and
  • a copy of the portions of Harrington's computer hard drive and other storage media that contain content related to the lawsuit, related individuals, and related Internet postings.

Arthur withdrew the subpoena without prejudice on Feb. 11, 2008 for purposes of re-calendaring, citing a Bahamanian inquest into the death of her son.  She served Harrington with a new subpoena on March 24.  On April 14, 2008, Arthur  again withdrew her subpoena without prejudice in order to give Harrington -- who had been representing herself pro se -- more time to find an attorney. 

 UPDATE:

5/22/09 - The court found Harrington in comptempt for failing to turn over her computer, which she claims was "stolen in a burglary less than a week after the judge ordered the machine to be produced." Harrington was jailed for five days. It is extremely unusual to order jail time in a civil trial. 

 

She had not yet filed a new subpoena as of June 16, 2009.

Arthur has also sued Harrington in a related Texas state suit.  See Arthur v. TMZ.com (state) [2] for more information. 

Related Links: 

  • The Life and Death of Anna Nicole Smith: Legal Documents [3] (regularly updated collection of case documents)
  • MLRC: Arthur v. Stern (scroll to entry for Arthur v. Stern,
    Civil No. 07-03742)
    [4]
  • Houston Chronicle: Blogger jailed for contempt in Smith case [5]
Details

Web Site(s) Involved: 

Rose Speaks [6]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • Texas

Court Name: 

United States District Court for the Southern District of Texas

Court Type: 

Federal

Case Number: 

4:07-cv-03742

Relevant Documents: 

PDF icon 2007-11-05-Pre-Removal Documents, Including Original Complaint.pdf [7]
PDF icon 2008-04-14-Notice of Withdrawl of Subpoena to Harrington.pdf [8]
PDF icon 2008-02-11-Arthur's Notice of Withdrawal of Subpoena.pdf [9]
PDF icon 2008-04-14-Harrington's Amended Motion to Squash, for Protection, and for Extension.pdf [10]
PDF icon 2008-04-07-Harrington's Motion to Quash and or For Protection, Includes Arthur's Second Subpoena.pdf [11]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Google News

CMLP Notes: 

6/16/09 CMF- subpoena hasn't been refiled yet

"The Life and Death of Anna Nicole Smith" is a good site to check for updates.

UPDATE AVM 6/23/09 - Put in information about the contempt charge and jailing of harrington, re:CMF are we sure subpoena wasn't refiled?

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Source URL (modified on 08/20/2014 - 11:07pm): https://www.dmlp.org/threats/arthur-v-harrington

Links
[1] https://www.dmlp.org/threats/arthur-v-harrington
[2] https://www.dmlp.org/threats/arthur-v-tmzcom-state
[3] http://annanicoleandhowardkstern.com/legal-documents-2/
[4] http://www.medialaw.org/Content/NavigationMenu/Hot_Topics/Lawsuits_Against_Bloggers/Lawsuits_Against_Bloggers.htm
[5] http://www.chron.com/disp/story.mpl/front/6442644.html
[6] http://www.rosespeaks.com/rose-blog
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-11-05-Pre-Removal%20Documents%2C%20Including%20Original%20Complaint_0.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-14-Notice%20of%20Withdrawl%20of%20Subpoena%20to%20Harrington.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-11-Arthur%27s%20Notice%20of%20Withdrawal%20of%20Subpoena.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-14-Harrington%27s%20Amended%20Motion%20to%20Squash%2C%20for%20Protection%2C%20and%20for%20Extension.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-07-Harrington%27s%20Motion%20to%20Quash%20and%20or%20For%20Protection%2C%20Includes%20Arthur%27s%20Second%20Subpoena.pdf