1. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. : 07-60534-CIV-DIMITROULEAS
MAGISTRATE JUDGE: ROSENBAUM
HOWARD K. STERN,
Plaintiff,
vs.
JOHN M. O’QUINN and
JOHN M. O’QUINN & ASSOCIATES PLLC
d/b/a The O’Quinn Law Firm
Defendants.
____________________________________/
PLAINTIFF’S MOTION FOR CALIFORNIA DEPARTMENT OF JUSTICE
TO BE DESIGNATED AS A QUALIFIED RECIPIENT OF THE
CONFIDENTIAL PORTIONS OF THE DEPOSITION OF DON CLARK
COMES NOW Plaintiff Howard K. Stern (“Stern”), and, pursuant to Paragraph I.7(L) of
the Confidentiality Order entered by the Court on September 4, 2008 [DE 168], hereby moves
this Court to designate the California Department of Justice, specifically including Agent Danny
Santiago and the Bureau of Narcotic Enforcement, as a “qualified recipient” of the confidential
portions of the Deposition of Don Clark, taken October 14, 2008, showing this Court as follows:
1. It has been reported in the media that the California Department of Justice is
continuing to investigate matters concerning the death of Anna Nicole Smith.
2. It has also been reported that persons associated with The O’Quinn Law Firm in
Houston, Texas – specifically Don Clark and Wilma Vicedomine – have attempted to influence
the California Department of Justice in pursuing criminal charges against Stern.
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2. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 2 of 4
3. Don Clark admitted under oath in his deposition in this action that he has not been
able to develop any legitimate evidence of probative value to give to any law enforcement agent
that would implicate Stern in any criminal activity involving Ms. Smith’s death. (See Deposition
of Don Clark, dated October 14, 2008 (“Clark Dep.”), at 350:14—352:3 – these specific pages of
the deposition are non-confidential.)
4. Despite this admitted lack of evidence, Clark had admitted that he continues to
attempt to influence law enforcement agencies to prosecute Stern.
5. The deposition testimony of Don Clark in its entirety demonstrates his lack of
objectivity regarding Stern, his complete lack of evidence of Stern’s involvement in Ms. Smith’s
death, and his irrational commitment to seeing Stern prosecuted despite admittedly lacking any
evidence to support criminal charges against Stern.
6. Don Clark’s deposition in the above-referenced action was simultaneously taken
in the action styled Stern v. Cosby, et al., In the United States District Court for the Southern
District of New York, Civil Action No. 1:07-civ-08536-DC. Stern has requested that the
Honorable Denny Chin grant permission to send a copy of Don Clark’s deposition, in its entirety,
to the California Department of Justice, specifically including Danny Santiago, the agent looking
into Ms. Smith’s death on behalf of the Bureau of Narcotic Enforcement.
WHEREFORE, based on the relevancy of the deposition of Don Clark to any
investigation of Stern by the California Department of Justice, Stern respectfully requests that
this Court GRANT Stern’s motion and direct that, pursuant to Paragraph I.7(L) of the
Confidentiality Order [DE 168-2], the California Department of Justice, specifically including
Danny Santiago and the Bureau of Narcotic Enforcement, is a “qualified recipient” of the
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3. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 3 of 4
confidential portions of the Deposition of Don Clark, taken October 14, 2008. A proposed order
granting the requested relief is submitted herewith.
Dated: February 13, 2009. /s/ L. Lin Wood
L. Lin Wood
(Georgia Bar No. 774588) (Pro hac vice)
lin.wood@bryancave.com
Luke A. Lantta
(Georgia Bar No. 141407) (Pro hac vice)
luke.lantta@bryancave.com
BRYAN CAVE LLP
One Atlantic Center
Fourteenth Floor
1201 West Peachtree Street, N.W.
Atlanta, Georgia 30309
Telephone: (404) 572-6600
Facsimile: (404) 572-6999
M. Krista Barth
(Florida Bar No. 0461229)
krista@emsattorneys.com
ERIC M. SAUERBERG, P.A.
Suite 102
200 Village Square
Palm Beach Gardens, Florida 33410
Telephone: (561) 776-0330
Facsimile: (561) 776-0302
Attorneys for Plaintiff
Howard K. Stern
CERTIFICATE OF SERVICE
I hereby certify that on February 13, 2009, I electronically filed the foregoing document
with the Clerk of Court using the CM/ECF system which will automatically send email
notification of such filing to the following attorneys of record:
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4. Case 0:07-cv-60534-WPD Document 253 Entered on FLSD Docket 02/13/2009 Page 4 of 4
Robert M. Klein, Esq. Neil M. McCabe, Esq.
Robert G. Mandel, Esq. The O’Quinn Law Firm
Cayla B. Tenenbaum, Esq. Suite 2300, 440 Louisiana
Law Offices of Stephens Lynn La Cava Houston, Texas 77002
Hoffman & Puya, P.A.
Two Datran Center – Penthouse II Attorneys for Defendants
9130 South Dadeland Boulevard
Miami, Florida 33156
Attorneys for Defendants
This 13th day of February, 2009.
/s/ M. Krista Barth
M. Krista Barth
(Florida Bar No. 0461229)
krista@emsattorneys.com
Attorney for Plaintiff
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5. Case 0:07-cv-60534-WPD Document 253-2 Entered on FLSD Docket 02/13/2009 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. : 07-60534-CIV-DIMITROULEAS
MAGISTRATE JUDGE: ROSENBAUM
HOWARD K. STERN,
Plaintiff,
vs.
JOHN M. O’QUINN and
JOHN M. O’QUINN & ASSOCIATES PLLC
d/b/a The O’Quinn Law Firm
Defendants.
____________________________________/
ORDER DESIGNATING THE CALIFORNIA DEPARTMENT OF JUSTICE
AS A QUALIFIED RECIPIENT OF THE
CONFIDENTIAL PORTIONS OF THE DEPOSITION OF DON CLARK
THIS CAUSE having come before the Court on Plaintiff Howard K. Stern’s Motion for
California Department of Justice to Be Designated as a Qualified Recipient of the Confidential
Portions of the Deposition of Don Clark, and the Court having reviewed and considered the
pleadings and the entire record in the case; it is accordingly,
ORDERED AND ADJUDGED that Stern’s Motion is GRANTED; and
IT IS FURTHER ORDERED that, pursuant to Paragraph I.7(L) of the Confidentiality
Order [DE 168-2], the California Department of Justice, specifically including Danny Santiago
and the Bureau of Narcotic Enforcement, is a “qualified recipient” of the confidential portions of
the Deposition of Don Clark, taken October 14, 2008.
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6. Case 0:07-cv-60534-WPD Document 253-2 Entered on FLSD Docket 02/13/2009 Page 2 of 2
DONE AND ORDERED in Chambers in the Southern District of Florida, this ____ day
of ______________, 2009.
William P. Dimitrouleas
United States District Court Judge
Southern District of Florida
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