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

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ivy

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We are in the phase where one party files a summary judgment motion asking to dismiss all or parts of a lawsuit before it goes to trial. AEG has just filed their summary judgment motion in an attempt to dismiss Katherine Jackson's lawsuit against them.

I will post a brief info and post the documents and then update the thread with the summaries etc. Feel free to read, comment and summarize as well. We are opening this thread first at News and Happenings due to significance of it, later it'll be moved to Trials and Tribulations.

AEG Live, Gongaware and Phillips has filed their own summary judgment motion. I'll be posting the documents for it.

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting it but mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Almost all depositions AEG cite are marked confidential and filed under seal.

AEG Live, Phillips and Gongaware's Summary Judgment motion link : http://www.scribd.com/doc/115405475/AEG-Summary-Judgment-Motion

[scribd]115405475[/scribd]


AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.

In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.

A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.

A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.

AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.

AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.

A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.

AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)

AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.

AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.

AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.

B. Negligent undertaking

B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.

B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)

4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.

C. Lack of foreseeability

AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.

D. Hiring, training and supervising Murray

AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.

Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.

AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.

AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.

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

Some tidbits from the additional documents and not redacted parts

Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA. (Ivy's note: This seems to AEG's evidence that Michael's relationship with Murray dated long before they came into picture)

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.

Phillips and Gongaware say that their meetings with Murray was limited to 2-3 meetings.

Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence. (Ivy's note: Which can be used in trial as these people didn't recognize the effects of the drugs , it'll be impossible for us to recognize it.)

The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.

Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.

AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.

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

Oral arguments are set for February 13, 2013. After the oral arguments court would take some to come to a decision.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I'm going to give information about all the documents I got and what they consisted of

Summary Judgment motion filed by AEG Live, Gongaware and Phillips

This is the file in the first post and summary of it is provided.

Redacted declaration

This is the supporting document for the summary judgment motion that consists of 36 exhibits - most of which are redacted and/or sealed. These are the stuff that can be seen from it.

- Katherine Jackson admits that Murray was not the only doctor that was treating Michael in the last few months and weeks of his life.
- Katherine Jackson admits Murray was a licensed doctor.
- Katherine Jackson admitting Michael did not have mental deficiency.
- Katherine Jackson admitting Michael was intelligent.
- Katherine Jackson admitting that Michael received Propofol from other doctors than Murray.

- Michael's kids admitting that Michael said positive things about Murray.
- Michael's kids admitting they did not know Michael was receiving Propofol from Murray.
- Michael's kids admitting that the access to Michael's rooms were restricted for many people but they had access.

- AEG Live saying that the TII deal included Tohme Tohme, Dennis Hawk and Peter Lopez representing Michael.
- Although not clear AEG lists a group of people Murray, Dileo, Gongaware, Phillips, Ortega and Michael Amir Williams as an answer to a question. This might be the people that attended the "riot act" meeting.

- AEG denies telling Michael to stop take any medication, stop to see any doctors. AEG also says they did not tell Michael to take any medication or see any doctor.
- AEG says they never paid Murray.
- AEG denies any knowledge of Propofol.

- LA Coroner gave 1563 pages of documents to the parties.
- LA District Attorney produced 108 discs containing 12,196 pages of their criminal investigation.

- Michael's kids saying they aren't sure when they first met Murray but believed it to be either Bahrain or Las Vegas.
- Michael's kids saying they saw Murray at Las Vegas and started to see him more often after they moved to Carolwood.
- Michael's kids saying they saw IV fluids but thought these were for nutrition.
- Michael's kids saying they spent 2 hours at night and 1 hour before he went to rehearsal with Michael between June 23rd and June 25th. (Note: I think they are trying to say they saw Michael for 2 hours at June 23rd night and 1 hour on June 24th before he went to rehearsal).
- Paris saying Michael once told her to give money to Murray but he refused. Murray refusing to take money from Michael.
- Paris saying Michael was anxious about flying and took medication before he went on a plane.
- Paris saying Michael loved to stay up late and listen to music.
- Paris saying Michael seemed to be nervous and seemed to have a lot on his mind the last month before his death. Michael saying the schedule was too much.
- Paris saying during the week he died Michael's body temperature would go from cold to hot and from hot to cold.
- Paris saying that she discussed Michael's death with Latoya and Latoya saying she would get to the bottom of who killed Michael.
- Paris saying Katherine got some personal items of Michael from Carolwood and also brought Paris clothing of Michael that smelled like him.
- Blanket almost not remembering anything and saying he attended some rehearsals with Michael but don't remember a thing. He remembers Michael wanting TII footage to be 3D.

- Kai Chase stating she was sometimes at the house working for 12 hours a day.
- Kai Chase saying she never went upstairs.
- Kai Chase saying sometimes she wasn't paid on time but Michael Amir told her not to discuss her paycheck with Michael.
- Kai Chase saying Michael Amir telling her Tohme wasn't a nice person.
- Kai Chase saying that she first heard of Murray in April 2009 and first saw him at Carolwood at the first week of April.
- Kai Chase saying she saw Murray carrying oxygen tanks and found it strange.
- Kai Chase saying she never saw Michael to take drugs and never suspected anything.
- Kai Chase saying she didn't know Michael used her name on prescriptions.
- Kai Chase saying she didn't know what Propofol is.

- Katherine Jackson saying Gongaware was on a tour with Michael in the past when a doctor was present and he knew or should have known Murray was administrating drugs nightly to Michael.
- When asked "how do you know AEG demanded Michael to take medications only given to him by Murray", Katherine responding "the people in riot act meeting will testify to that".

- Roselyn Muhammed saying she didn't know any drug use and Michael liked good health. Roselyn saying she didn't suspect any drug use.
- Roselyn saying Grace told her about an intervention but she didn't know when it happened.
- Roselyn saying she didn't know Michael suffered from insomnia.
- Roselyn saying she didn't know what Propofol is
- Roselyn saying one day Michael complained of being cold. Held his hand out for her to feel it and she felt it and it was very cold. She told him to sit in front of the fireplace and she'll get him hot soup. And she brought him back either hot soup or hot tea.

Tim Woolley Declaration

Woolley is the accountant for the TII tour. He basically summarizes his interactions with Murray. He's told my Gongaware to talk to Murray about a contract. He makes the first phone call at May 8, 2009. He says this was a mundane phone call to gather information. He confirms this phone call with an email on May 8th and May 14th as he got no response. Murray responds May 15th asking him to send him a draft of a contract so that Murray's lawyer can take a look over it. May 28th Murray emails Woolley asking for "good faith" salary payment, Woolley refuses this request saying AEG only pays when there's an fully executed agreement. June 4th Murray sends and email asking about how the draft of the contract going on. On June 16th Woolley sends the first draft of contract to Murray. June 19th Murray emails him his revised version of draft of the contract. June 23rd Woolley emails Murray asking some personal details (date of birth etc). June 24th Katie Jorrie emails the third draft to both Murray and Woolley.

Paul Gongaware Declaration

Gongaware saying when they produce a tour they would advance the costs on artists behalf and the artist is responsible for it and pays it back from his/her share. (He makes it sound like the TII deal was a standard deal that they do). He says this gave Michael significant control over the tour staff and he choose those people himself.

Gongaware saying he tried to convince Michael to get a UK physician but he wanted Murray adamantly. Gongaware says he told this request to Phillips and he tried to change Michael's mind as well. So Gongaware says he ultimately agreed to facilitate the contract with Murray at Michael's request. He called Murray late April - early May and Murray asked for $5 Million. Gongaware calls this demand unreasonable and tells it to Michael. Michael counter offers $150,000 a month and Murray agrees.

Gongaware then delegates the contract issue to Woolley who got Katie Jorrie to help. Gongaware says he didn't see the drafts and had no involvement in the contract phase.

Gongaware gets one email on June 14 but the information about the email is redacted.

Gongaware says he met with Murray once (seems to be June meeting) to discuss Michael's nutrition and stamina. Gongaware says Murray told him Michael is in good health and he didn't need anything from AEG. Gongaware states that he didn't supervise Murray's treatment.

Gongaware says Michael asked him to change the tour schedule in April or May and they did so to put more days between performances. Gongaware says Michael did not make any more requests to him and Michael did not ask the tour to be postponed or cancelled.

Gongaware says he never tried to prevent Michael from seeing any doctor, he never told Michael or his doctors what medicine he should or should not take. Gongaware says he never required Michael to take propofol and he didn't have any idea Michael was taking Propofol until he read it reported in the media after Michael's death. Gongaware says he didn't know what Propofol is.

Gongaware says he didn't provide medicine or equipment to Murray. He says Murray only mentioned he might need some medical equipment in London in their first May 2009 phone call but he never told what specific equipment he might need to Gongaware and never asked Gongaware for any equipment.

Gongaware repeats he asked Murray in June 2009 if he needed anything from AEG and he said he did not need anything.

Gongaware says Murray assured him Michael's was in excellent health and Gongaware personally did not see anything to suggest otherwise.



Katie Jorrie Declaration

Jorrie says she drafted the agreement between Michael and AEG Live. She says the contract had multiple revisions based on the requests coming from Michael's people.

Jorrie calls the MJ - AEG Live agreement very favorable to Michael. She says AEG was advancing substantial amounts not only for the production and promoting costs but they also gave substantial cash advances to Michael to pay his debt, rent and to buy a second home.

Jorrie says MJ had the right to select his touring staff and as agreed AEG Live was advancing their salaries and Michael being responsible for those expenses.

Tim Woolley asks Jorrie to draft an independent contractor agreement for Murray in late May 2009 - early June 2009. Murray tells Jorrie that he has been treating Michael for 3 years.

Jorrie says she sent the first draft on June 15. She got a call from Murray on June 18th. Murray asked her who will sign the contract and if he will need to refund any salaries back if the tour gets cancelled or if Michael fires him. They also discussed if Murray would hire someone to assist him in London and why a CPR machine was needed.

Murray tells her he was licensed in 4 states and CPR machine was customary to have at hand for performances. Murray never requested any equipment from her. She says that Murray made it clear that he had yet to select a medical person to assist him and she understood that Murray would select the precise equipment he wanted AEG Live to provide him at London.

Jorrie says she had no knowledge about Propofol and actually Murray multiple times said to her that Michael was perfectly healthy and in excellent condition.

She send the second draft on June 19 and receives another call from Murray on June 23rd. Murray asks her to change the contracts start date to May 2009. He asks her to change the end date to March 2010 from September 2009 - so this way Murray would be paid during the tour break as well. Murray also asked her to change the wording that says "provide services requested by producer" to "artist".

Jorrie says she asked if Michael was aware and agreed that Murray would be paid during the tour break and Murray tells her yes. She says the "provide services requested by producer" was because of they used a standard vendor form for the draft and she immediately agreed to change it to artist. Jorrie says at this time she also asked Murray for help to gather Michael's medical records for the cancellation insurance.

Jorrie send the third draft to Murray on June 24. Murray calls her saying that he will go to rehearsal that day and he had went to the rehearsal the day before (June 23) and Michael was amazing. Murray faxes her the signed contact on June 24.

Randy Phillips declaration

Phillips says the talks with Michael started summer or fall of 2008. He says Michael's reps told him that Michael was in debt but rather than to sell his assets to pay his debt he preferred to go on a tour. Phillips says that for months they have negotiated an agreement and it was finally signed January 2009.

Phillips again mentions - Like Gongaware - when AEG produces a tour they advance the costs but the artist is responsible for those. (again they make it sound like this is standard way of how they do their deals) Phillips says that this actually gives the artist control over the tour, that he choose his staff, his vision determined what will be done and so on.

Phillips says that after he heard from Gongaware that Michael wanted to bring his physician, he talked to Michael to convince him to hire a UK doctor because he thought an American doctor would require some specific / temporary license to practice at UK. He says that Michael was very firm and he wanted his long term personal physician Murray. Phillps says he told Michael he would tell this to Gongaware.

Phillips says he was not involved in negotiations or drafting with Murray. He says he never signed any contract with Murray.

Phillips says he first met Murray at an early June meeting at Michael's home. He says that he spoke to Murray 2 -3 times and it was about the concerns raised by tour staff about Michael's attendance, nutrition and stamina. He says both Murray and Michael assured him that Michael was in good health. Phillips says he also mentioned Murray that Michael seemed sedated after seeing Klein.

Phillips says his last meeting with Murray was on June 20 - and it was requested by Dileo. He says Michael, Murray and Ortega was at this meeting. Murray tells them that Michael is in perfect health - so does Michael. Murray tells them not to discourage Michael from performing and bluntly tells them leave the medical care to him and focus on the tour. Michael and Ortega comes to an agreement about rehearsal schedule they are both happy with. Phillips says Michael never told him he needed medical care or he wanted the tour to be postponed.

Phillips says that he attended two rehearsals on June 23rd and June 24th and Michael was brilliant, healthy, energetic.

Phillips says he's not a medical doctor and did not supervise Murray. Phillips ends with statements that he learned the use of medicines after Michael's death, he never told Michael what doctor to see or not see, he never told Michael not to take any medicine, he never required Michael to take Propofol and he didn't even knew what Propofol is and he had no suspicion that Murray was giving Michael Propofol.

Summary Judgment Motion for AEG Inc. and Leiweke

As I mentioned before AEG Inc. (parent company) and Leiweke (CEO of AEG Inc.) has filed a separate request for dismissal based on the claim that they had no relationship or connection. AEG Inc. says they had no involvement in any TII contract, only Leiweke had attended a few meetings with Michael and neither Leiweke nor any AEG Executive had never met or communicated with Murray.

AEG Inc. points out that any deal was between Michael , Murray and AEG Live and a parent company cannot be held responsible for its wholly owned subsidiary.

Declaration

This is the accompanying declaration for the above summary judgment for AEG Inc. and Leiweke. It only consists of 4 exhibits. It has Michael - AEG Live contract, Murray draft agreement, deposition of CFO of AEG Inc. stating AEG Live is a wholly owned subsidiary of AEG Inc. and that AEG Inc. never saw or had any involvement in Michael contract and Murray contract draft, and AEG Inc. written answers repeating that the above mentioned points.

Leiweke Declaration

Leiweke says he met with Michael one or two times to discuss about a potential tour deal in the fall of 2008 in Las Vegas. He says these were preliminary meetings and they did not include negotiations about the tour. He says Michael's heath was not discussed in those meetings. Leiweke says AEG Live kept him updated about the developments but Leiweke and AEG Inc. had nothing to do with negotiations and drafting of Michael's contract as well as they had nothing to do with Murray negotiations and contract. Leiweke says they (Leiweke and AEG Inc.) had absolutely no involvement with Murray as they never met and communicated with him.

Two sets of Undisputed Material Facts

These are the claims that that the parties are making to be an undisputed fact such as "Leiweke did not sign TII agreement". Other side will have the option to accept or object to these facts.

Judicial notice

These are the stuff that they are wanting the court to make note of such as contract laws in California, Murray's medical board disciplinary record history, criminal trial verdict and so on.

Motion to seal documents

This is a motion to ask the court allow these documents to be filed under seal based on the protective order. This is what is causing many documents to be filed under seal and/or redacted.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thanks. Oh good I love the INTRODUCTION. They are really showing here how the siblings and parents began pointing fingers on everybody until they settled on AEG. I see the date is February.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thank you for doing this Ivy. What happens after this? Does the judge rule or does the other side file a document to?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thank you for doing this Ivy. What happens after this? Does the judge rule or does the other side file a document to?

Katherine's side file a response. AEG's side might file additional reply. On February 13 they go the court to argue their sided in front of the judge. Judge takes the matter into consideration and makes a ruling (generally several weeks later).

So this is just the start of a multi month, multi step process.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thank you Ivy. I read the whole document. Very interesting, but not anything that wasn't already known to most of us who have been closely following the events and this case. I guess it will be an eye opener for those misstating the facts and contractual agreements.

This is common for defendants to try and have the case dismissed before it goes to trial based on lack of evidence. AEG's case for dismissal seems very solid. They seem to have good grounds for dismissal because every claim they show Jackson's made against them fails. But even if the court doesn't allow dismissal at least AEG got their side of he story out publicly to squelch all the unfounded rumors surrounding their business relationship with Michael and their responsibility as concert promoters.

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

IMO...I think a personal suit against Phillips would go alot further. OK I don't deny that Phillips or the rest of the crew didn't know about the Propofol...but they still went to Michael's room and yelled at him on a couple of occasions. They could see he was not well..not himself for days at a time..was not going to rehearsals like he should of been. ..so on and so forth..we all know the facts no need for me to go over them again,. The Jackson's should be bringing a personal suit against Phillips for those reasons...his treatment of Michael was just inhuman and he will get away with it..he should be held criminally responsible for this. And we all know that the suit against Murray NEVER should of been dropped. I STILL want to know about the E-mails that we have not seen. Kai Chase is full of shit...she knows more than she is telling and she makes me angry for her lying. And now we know why LaToya was going around talking about Michael was murdered and blah blah blah....she promised Paris she would find the killer. So instead of Paris knowing the truth that Murray failed her father..she thinks he was murdered...I hope she knows now that it was ALL Murray that was in that room and ended Michael's life with his negligence. And Katherine insisting that Gongaware should of known that Michael used propofol on prior tours is ridiculous...there was no way for him to know this. The Jackson's are once again grasping at straws and are blaming the wrong people...Murray is the one that they could of stopped from writing a book or profiting off of Michaels death and they blew that. I hope this isn't dismissed because I think we can learn more about Michael's last days by seeing the rest of those e-mails.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^

I don't think not being nice and not having good manners is a criminal offense. You can hate Phillips for the way he treated Michael but I don't think it's illegal or criminal.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^

I don't think not being nice and not having good manners is a criminal offense. You can hate Phillips for the way he treated Michael but I don't think it's illegal or criminal.

so in order for any type of suit to be filed against Phillips it would have to be proven that he knew about the propofol? I dont think he did. What about a civil suit..Phillips knowing that Michael wasn't right those times and yet he still pressured him...no laws broken there? Or would it just go down as Phillips did what he had to do to get Michael to honor his contract? It just seems like he is getting away scott free..
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I hope this is dismissed. AEG seems to have a good case as they pointed out in each step, but I do not know how this judge will rule. I do not think either side knows what happened in Michael's last days in regards to his death, except Muarry. Based on what we know so far, I do not see that AEG have some additional information, but rather Muarry has. Yes AEG staff were nasty to Michael because they thought he was on something which cased him to miss a few rehearsals. I think this case, if it goes to trial, will not give us any new information about Michael's last days, but will only be a showcase for each side to show who could throw out more damaging information about Michael or the other side in order to show why the other side is accountable.

I am thinking back to the Muarry trial, where we did not learn anything new except when Shaffer pointed out and taught us step by step how Muarry screwed up. We did not learn more about the crime, because Muarry lied and the most damage was directed to Michael as the defense and media pointed out his drug problems and the quantity of prof bought. Further, the defense opened with a long list of things they would prove to cause a sensation, and proved none of them.

Ivy I have to agree with you on this one. We will learn that some AEG personnel are nasty as they try to protect their investment, but how criminal is that?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

so in order for any type of suit to be filed against Phillips it would have to be proven that he knew about the propofol? I dont think he did. What about a civil suit..Phillips knowing that Michael wasn't right those times and yet he still pressured him...no laws broken there? Or would it just go down as Phillips did what he had to do to get Michael to honor his contract? It just seems like he is getting away scott free..

judge already ruled and dismissed that trying to get Michael to attend rehearsals weren't illegal. Anyone will know that when you are employed - which is kinda contract- you are expected to perform some tasks and if you weren't to show to your workplace your employer can threat to fire you and so on. The individuals also have the option to not go regardless of any pressure and even resign.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.

This is quite ironic. KJ is the mother of MJ and claims she knew MJ better than anyone, yet did not know of MJ use of popofol. if so, how does she expect AEG to know of MJ use of propofol. I hope AEG points this out.

also, she claims AEG had a special relationship with MJ and therefore should be liable. but what about KJ? in fact we saw her and her husband pressurizing MJ for the J5 tour. she's definitely a contributor to his death. hope AEG points this out.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

They mention that Muarry would be an independent contractor. I wonder why Muarry did not try to get a separate malpractice insurance for his work with Michael? I know I have to have a malpractice insurance of a minimum of 1 mil. and I am liable for any accidents. Oh I guess that would not help Muarry, because his insurance would say he was engaged in activity that was not covered in his policy.

I always look at the way Muarry tried to change the part of the contract to make AEG liable for his salary and not Michael. Muarry tried to be cleaver there, and AEG is lucky that they did not go for that.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Murray is the one the family should have gone after and they just let him off the hook. Okay, they probably wouldn't receive any monetary compensation but the blame would be laid fairly and squarely on his shoulders.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

This is quite ironic. KJ is the mother of MJ and claims she knew MJ better than anyone, yet did not know of MJ use of popofol. if so, how does she expect AEG to know of MJ use of propofol. I hope AEG points this out.

also, she claims AEG had a special relationship with MJ and therefore should be liable. but what about KJ? in fact we saw her and her husband pressurizing MJ for the J5 tour. she's definitely a contributor to his death. hope AEG points this out.


I totally agree.. Katherine went with MJ on some of those history shows didn't she? didn't she see some doctors around with ivs and medical equipment? why didn't she ask questions regarding her son? Katherine was either an enabler or she just didn't care. She knew MJ had medical problems and she could see he was losing weight and she knew about Klein and Hoefflin yet she did absolutely nothing to help her son. If she's blaming Gongaware and Philips, I blame her since she was his mother. Why didn't she go and check on her son at the house when Joe told her that MJ looked frail and 'not right' to him. She refused... Why didn't she go to Arnold Klein's office to find out why MJ was visiting so much and coming out of there looking dazed sometimes? why didn't Katherine call her grandchildren to ask about MJ and how he was? If she's blaming AEG, she can be blamed as well.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

So is Katherine admitting she was 'aware' that other doctors were giving MJ propofol for purely sleep aid purposes and not for other medical reasons? if she knew this why didn't she research this drug and report their asses to the medical board? I am pretty sure if she knew she could've spoken to an attorney or some big wig medical expert right?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Thanks ivy. realistically what are the chances of some or all of the case being thrown out? are aeg just going through the motions
like in a crim case where the defendent asks for a dismissal after the pros rest.

i have to laugh at kj saying because gongaware worked on previous tours
he should have known about
diprivan.yet further up she says she
knew about previous drs giving
driprivan. now imo either kj is lieing to
try and implicate gongaware (imo she probably is as what mother would know about that yet do nothing and i

thought she said she didnt know
about mjs insomnia? or if she isnt
lieing what does it say about her interms of her actions towards mj in the lieing
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I mean what does that say about kjs actions towards mj in the last months. it realky is reaching when u claim gongaware should have known. going by that logic kj should have known as she claims she knew about previous use. can u say bush or faye should have known. u can accuse anyone going by that logic
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I'm only reading first few pages found funny bit, AEG write that right after memorial "need to blame soon began".
Joe accused Katherine, LaToya accused the estate for murdering MJ, KJ with this lawsuit accuses AEG. They left out a lot other accusations:)


"Incredible, plaintiffs nonetheless try to cast Michael Jackson - an intelligent, fifty-year old, hugely successful entertainer, SSUMF 1, 3 - in the same role as child or prisoner".

This is something that I agree with them.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Poor Paris. She's counting on Latoya to get to the bottom of her father's death. I guess that puts their unwavering allegance to her in more perspective.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

did they actually write that Joe accused Katherine?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

This is quite ironic. KJ is the mother of MJ and claims she knew MJ better than anyone, yet did not know of MJ use of popofol. if so, how does she expect AEG to know of MJ use of propofol. I hope AEG points this out.

also, she claims AEG had a special relationship with MJ and therefore should be liable. but what about KJ? in fact we saw her and her husband pressurizing MJ for the J5 tour. she's definitely a contributor to his death. hope AEG points this out.

From Ivy's summary:
"Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray."

If that is the case, no doubt she knew Murray's special treatment too and did nothing to stop it.
It is ok for her and her family to pressurise MJ to do concert with siblings and in order to go through the tour, he had to resort taking propofol, but if MJ do concert on his own and take propofol, then it is not ok.
Oh the hypocrisy is astonishing.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Poor Paris. She's counting on Latoya to get to the bottom of her father's death. I guess that puts their unwavering allegance to her in more perspective.

That is so scary that of all people Paris relies on LaToya, she is as flimsy as they come and I haven't forgotten all the interviews she did right after MJ died! She was like crazy person, eyes rolling in her head and you could nearly see foam coming out of her mouth when she said MJ was murdered. I hope Paris has seen through LaToya and think of her as fluffy little aunt that sometimes forgets herself.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Ivy, is it possible if you could post those other documents that you were posting tidbits from.
I'm reading your twitter and there seems to be things worth of discussing:)
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

thought she said she didnt know
about mjs insomnia? or if she isnt
lieing what does it say about her interms of her actions towards mj in the lieing

I thought Katherine told Oprah she didnt know what propofol was. How is it she now knows MJ was given it on previous tours as well??

did they actually write that Joe accused Katherine?

I think it comes from the interview Joe did with 'News of the World'.

"Katherine was weeping uncontrollably and highly upset. But I didn't give her a hug because I was MAD at her crying. I said, 'If you had listened to me Michael would be living now!' I kept thinking about the times I had stood in front of her saying something was wrong. I couldn't bottle up my feelings. Katherine didn't say a word - I had to get away from her. If she'd done what I asked, Michael would be here today. I am incensed with her. She could have made a difference."

Prior to MJ's death, his dad told Katherine that their son was "looking kinda funny and frail," but says his wife refused to approach her son about his deterioration.

"She didn't want to do that because she was afraid she was invading his privacy," he claims.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.
Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.
AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. ...... AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.......................

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.
---------------------------------------------
Some tidbits from the additional documents and not redacted parts

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.......

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.
------------------------
Seriously Team Katherine?
Dead man clutching straws.
To think she going after Gongaware tells me they're in dire straits.
Just the sheer weight of their summary judgement will sink theirs
& get Gongaware et al off the hook!
Get out while you still have time Team KJ !
Cut your losses and run.
Maybe that might help recover whatever some semblence of last shreds
of diginity being Michael's mum.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Mother is something else. So she KNEW of Michael's past Propofol use. Well now, isn't that an interesting piece of the puzzle.

I would have to say that Mother definitely had MORE access to Michael then Gongaware or any other AEG employee, yet she takes no blame for knowing what she blames the AEG businessmen of knowing. Ain't that something!

I ain't trying to be mean, but in my opinion, the ONLY thing Mother was worried about was finding a way for the brothers, Joe Jackson, and Leonard Rowe to be a part of those O2 dates, the All Good Entertainment Family Reunion Concert OR BOTH.

P.S. In my opinion, IF Mother knew about the past Propofol use, then I gather ALL of the immediate family knew about it also.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Both Katherine admitting and later saying that Gongaware should have known because he had worked on other tours brings us to the conclusion that "Michael used Propofol on tours". Then I don't know how they can say that AEG forced Propofol to Michael.

I also must add that knowing and admitting other doctors gave Michael Propofol might have happened after his death.

Thanks ivy. realistically what are the chances of some or all of the case being thrown out? are aeg just going through the motions
like in a crim case where the defendent asks for a dismissal after the pros rest.

This is not just an empty motion. They do have an argument which is highly based on law. However we cannot say anything about the odds unless we can see Katherine's reply. There's always two sides .
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

About Katherine knowing that other Drs gave propofol to Michael before Murray, it would be important to know when exactly she got that information, and who told her. If it was when Michael was still alive, or after he passed.

Remember, it's not propofol in itself that killed Michael, it's the way it was given. A professional doctor would not have given it at all, or at least would have given it in a safe way.

It's so sad about Paris and LaToya..
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

The corporations with lots of money always win when it comes to the judicial systems.
They win even when it seems they have lost.
 
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