First off, let’s deal with a bit of news from the ongoing trench warfare between the entity formerly known as the Scruggs Katrina Group and State Farm known as McIntosh v. State Farm. Judge Robert Walker has ruled that State Farm may take the video depositions of Dickie and Zach Scruggs, as you can see from the following document on PACER from December 12. Order denying plaintiffs’ motion for protective order/motion to quash.
If you follow these things, you might have noted that two days prior, the McIntoshes filed this brief: Plaintiffs’ opposition to State Farm’s motion for partial summary judgment. Also, click here to see Exhibit A to the brief. (One can no longer say “Scruggs filed,” as he and his firm have withdrawn from McIntosh and other SKG Katrina cases). In it, including on page 11 of the brief, there is an extended argument about the significance of the fact that three State Farm employees — Lecky King, State Farm Flood Coordinator for Katrina, her assistant, Lisa Wachter and King’s supervisor, Dave Randel, have taken the Fifth to questions during depositions, citing AG Jim Hood’s at-that-time ongoing criminal investigation of State Farm. (The investigation, as you may recall, has since been enjoined by the federal district court, as you can see by clicking on this copy of this November 13 order extending injunction against Hood). In light of Judge Walker’s December 12 order the question must be asked: will the Scruggses themselves take the Fifth in the depositions?
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