Friday, March 29, 2013

Court allows JJ to challenge sealing of Hinds/Motorola settlement

Judge Larry Buffington granted JJ's motion to intervene at a hearing Wedsnday. JJ filed a motion to intervene after Motorola filed a petition to seal its 2011 settlement with Hinds County in Hinds County Chancery Court. Judge Buffington ruled he will hold another hearing to determine if any of the settlement should be sealed.

Attorney Curt Crowley filed a motion to intervene against Hinds County and Motorola for Jackon Jambalaya on May 24, 2011. This correspondent filed a public records request with Hinds County seeking a copy of the settlement in the lawsuit. Hinds County did not fulfill or deny my request but instead notified Motorola. Motorola filed a petition for a protective order in Hinds County Chancery Court requesting the court permanently seal the settlement.

It is the position of this correspondent that since Hinds County IS a public body, the settlement is a public record and the public is entitled view it. The case is civil, not criminal in nature and is not part of an investigation nor is a minor involved. Such accountability is the foundation of representative government.


Hinds County objected to the intervention although Motorola did not oppose it. Attorney Precious Martin represented Hinds County at the hearing to oppose the intervention. Balch & Bingham represented Motorola but did not appear at the hearing as it informed the court it was willing to stand on the merits of its petition. Attorney Curt Crowley represented this website. Mr. Martin strongly objected to the records as he accused this correspondent of some slander: "He has defamed me on his website. He has defamed my wife and her character. I don't know what legal genius thought of these attacks but he defamed me." He later said "I'm one of his favorite targets". He then argued if the motion was approved "no settlement would be kept confidential." Mr. Crowley replied "that is the purpose of the public records act, to give everyone access to public records."

Mr. Martin argued I forfeited my right to intervene and I was "doing an end run" as I should have filed in Hinds County Circuit Court where the original Hinds-Motorola lawsuit was filed and settled. . Judge Buffington asked Mr. Martin how I could have intervened in circuit court when the settlement was not filed with the court. Mr. Crowley stated Section 25-61-13* of the Mississippi Code said public records lawsuits are to be filed in Chancery Court. The court agreed with Mr. Crowley and dismissed the "filed in the wrong court" argument.

Judge Buffington said my rights to records were based more on the fact I am a citizen of Hinds County than as a member of the media. Any citizen has the right to challenge the government." Judge Buffington said he wanted to hold a hearing in sixty days at the earliest possible date to determine whether to seal any or all of the settlement agreement.

No other media outlets joined the intervention.  The Mississippi Press Association declined to participate. 

Notes: What was interesting was Mr. Martin admitted the case went to trial. He stated "we picked the jury and then the case settled." If the case went to trial, Mr. Martin's share of any recovery jumps from 25% to 40%. Motorola paid Hinds County $1.5 million after the settlement. That amount did not include Mr. Martin's fees. Thus it is estimated if Mr. Martin earned 40% of the recovery, he received $1 million (40% of $2.5 million. 100 x 1.5 million/60 = $2.5 million.). Not bad work if you can get it.

As for defamation, if you want to hear defamation and slander, tune in to Mr. Martin's radio show every Friday night on WMPR at 7:00 PM. Yes, The Kingfish will post the transcript when it becomes available.

*1) Any person denied the right granted by section 25-61-5 to inspect and/or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public record is exempt from the provisions of this chapter, and in making such determination the court shall take into consideration any constitutional or statutory law or decision of any court of this state or the United States or any rule of common law. Process shall be served on the proper officials according to law.

(2) In any suit filed under subsection (1) of this section, the court has the authority to prohibit the public body from withholding the public records, to order the production of any public records improperly withheld from the person seeking disclosure, and to grant such other equitable relief as may be proper. The court, on its own motion, may privately view the public records in controversy before reaching a decision.

(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation
.

JJ files motion to intervene
 Hinds wants to keep settlement secret
JJ files response to Hinds County
 Judge Thomas does not set court date
JJ unable to get court date
Copy of Precious Martin retainer agreement
Did Madison and Ridgeland really bootleg off of the system
Supers used report to sue Motorola

6 comments:

Anonymous said...

When the C-L calls to ask me to renew my subscription I refer the caller to this website and ask them to pass it on to the publisher. Oh yeah where do I sign up NOT!

Anonymous said...

I start to see some seven figure reasons why some parties have an interest in sealing this.

No doubt it's good paying work if you can get it. Thankfully I'm not eligible for this type of work for reasons of both DNA and upbringing.

Anonymous said...

Hi Precious. Thanks for reading!

Anonymous said...

You've done more for transparency and open records Kingfish than Donna Ladd has done in her entire lifetime.

Major kudos.

Anonymous said...

Time, its time! Thank you for your energetic work on this issue.

Anonymous said...

Excellent work KF!



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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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