From 11/1/2007

To set the scene, Sid Backstrom, Zach Scruggs and Tim Balducci are visiting in the Scruggs Law Office about the Lackey order. It is pretty obvious from the transcript that Zach has full knowledge of the order. The only question is whether or not he has knowledge of the money that Dickie Scruggs would funnel through Balducci to pay Lackey.

BACKSTROM

The only thing that’s a little
bit curious to me (ZACH enters)
is it says, complainant never
requested relief by this court
or any other court, (close
door)

BALDUCCI

ZACH, let me bring you up to
speed.

BACKSTROM

(UI)but chose to disregard this
(UI) that doesn’t make any
sense.

BALDUCCI

Alright, this is on the Judge
LACKEY deal. Ok? You know, I
came by here last week and I
gave you an order that the
judge was gonna enter. Well
apparently before MONETTE got
it entered, got it sent down
here, GRADY filed a bunch a more
shit in the case, ok? And so the
judge called me and wanted me to
come back down there and he’s
redone a new order. And what it
is, it’s just a change,
everything’s still ok, still the
same deal…

ZACH

Mm- hmm –

BALDUCCI

…but he wants, he, he wanted
me to approve this new language,
basically saying that he’s
reviewed the new filings that
GRADY has done, considered those
and he still…

Z SCRUGGS

What were the new filings?

BALDUCCI

I don’t know. He had ’em. He
showed, I didn’t read ’em, but
there was probaly an inch
worth of stuff that GRADY had
filed. And it just…

BACKSTROM

(UI) only (UI)

BALDUCCI

…that beat…

BACKSTROM

(UI) attached (UI) order to
whatever he filed- But we
attached a proposed order in
response (UI) The DANIEL COKER
guys (UI)

Z SCRUGGS

So they, they know what it, I
mean, they never reported to us
what it was about. Maybe, must
not been important. I don’t
know.

BACKSTROM

I mean, they’just copied us on
what they filed in response,
saying…

Z SCRUGGS

So he’s drafted a new order
addressing…

BALDUCCI

Addressing that recent filing
and he, he wanted me to approve
it. Well, the problem is, I
didn’t know, ’cause I didn’t,
I didn’t have the institutional
knowledge of the case to really
know if it was ok or not. So I
wanted ya’ll to look at it and
tell me if it’s ok and if not,
make whatever edits need to be
made to it.-.
BACKSTROM

(clears throat)

BALDUCCI

..-before I get -..

BACKSTROM

This is the only…

BALDUCCI

…get it entered

BACKSTROM

thing that doesn’t makes sense.
The plaintiff never
requested relief by this court
or any relief by this court or
any other court but chose to
disregard the clear language
and intent of the joint venture
agreement and filed the action
sub (UI) justice. So (UI).
That doesn’t make any sense.
It’s not a bad thing for us,
but doesn’t make any sense.

Z SCRUGGS

That’s a good thing.

BACKSTROM

Well he’s saying they didn’t
file anything with this court.
Instead, they chose to file
this court (laughs), with this
court, (laughs)

BALDUCCI

Apparently, I don’t, yeah I
don’t understand that either.

BACKSTROM

(laughs)

Z SCRUGGS

Oh, ok.

BALDUCCI

Maybe, maybe he’s saying…

Z SCRUGGS

The first part doesn’t make
sense.

BALDUCCI

…maybe he’s saying they
didn’t file a demand for
arbitration with this court.

Z SCRUGGS

(UI)

BALDUCCI

Or re, I don’t know what he’s
trying to say.

BACKSTROM

Uh, yeah, maybe. Maybe.

BALDUCCI

Do you want, I mean, do we, I
mean we can do whatever we
wanna do if you wanna clean
that up any, if you think it…

Z SCRUGGS

I don’t know how to clean it up
other than, uh, ’cause I don’t
know what he’s trying to say. I
mean it’s not bad, but I’m not
sure what his intent was.

BALDUCCI

I’m not sure either.

Z SCRUGGS

Um, you know, something…

BACKSTROM

Maybe that’s it. I mean, that,
that’s probably it. It just,
they should have filed the, a
demand for arbitration.

BALDUCCI

That’s what I interpreted it
when I read it, but I don’t
know.

BACKSTROM

Which he wouldn’t…

Z SCRUGGS

You know…

BACKSTROM

…which he wouldn’t normally
do. . .

Z SCRUGGS

…something that…

BACKSTROM

…if the other side’s willing
to arbitrate (UI)

BALDUCCI

Yeah.

Z SCRUGGS

This might be irrelevant now,
but something he oughtta know
uh, is that, that this whole
thing, of course he hadn’t
sealed it, uh, but created this
problem, is they’ve been atta,
they, you know, they attach all
these crazy ass emails out of
context -..

BALDUCCI

Sure.

Z SCRUGGS

…and…

BALDUCCI
Sure-
Z SCRUGGS

…and they been using some of
that, and using it in an action
that I’m forbidden to talk
about…

BALDUCCI

Well. . .

Z SCRUGGS

…that they filed against the
Attorney General, STATE F’ARM
is.

BALDUCCI

I see.

Z SCRUGGS

Ok, you, ok- (UI)

BALDUCCI

Yeah. But…

Z SCRUGGS

But.

BALDUCCI

… I don’t…

Z SCRUGGS

Citin’ SID’s email and, and
just one little part of it, and
you know, just chicken shit
shit. I mean, STATE FARM is
usin’ uh, JOHNNY JONES’ action.
and all the shit they’re
gettin’ from it- They’re
gettin’ all these internal
emails.

BALDUCCI

Mm-hmm.

Z SCRUGGS

Uh. . .
BALDUCCI

They’re using that as discovery
in that other matter.

Z SCRUGGS

(UI)

BALDUCCI

Yeah, and they’re probably
intentionally doing that.
Fuck yeah. Uh, so, so, so, you
know, GRADY might, so these new
filings, shit we need to find,
that’s the thing. We need to
find, GRADY mighta just filed,
he mighta just put all kinds of
crooked shit – – –

BALDUCCI

Well, you need to…

Z SCRUGGS

…that’s just it.

BALDUCCI

…that’s all I’m saying is you
need to look, get uh, not for
purposes of getting this order
entered, but you probably all
just know anyway from your
lawyers what GRADY has filed,
but um, I mean the, I guess the
the issue…

Z SCRUGGS

There is no telling. He might
pulled all kinds of crazy ass
emails, uh…

BACKSTROM

Well…

Z SCRUGGS

…trying to (UI)

BACKSTROM

…1, I think he’s, he’s
probably doing that because he
knows that it’s causing us pain
elsewhere. You know?

BALDUCCI

Yeah.

BACKSTROM

I think.-.

Z SCRUGGS

Of course that’s why he’s doing
it.

BALDUCCI

It’s just a, a pressure point.

BACKSTROM

Mm-hmm.

Z SCRUGGS

Of course it is. But there’s,
there’s gotfca be something we
can do about that.

BACKSTROM

We could move to seal it, but
after this is entered…

Z SCRUGGS

Well what about…

BACKSTROM

We … don’t wanna gum up the
Order

Z SCRUGGS

…well what do, what do we do
about him releasing privileged
stuff? I mean there’s got, I
mean we filed the bar
complaint? That, that, you
know, that, that he’s filin’ a
bunch of stuff that have
nothing to do with his dispute
against us to try to get out
in the public domain.

BALDUCCI

Or you know, or file, I don’t
know, yeah, motion for
sanctions or motion to seal the
file.

Z SCRUGGS

I guess what can we file before
LACKEY that he would do uh- – .
I would say after we get this
order entered, we say we would
like this to be sealed, because
there’s a bunch of shit in here
that is just inflammatory and
not helpful to us in connection
with the other litigation- But
I don’t think we ask for that
now because it’s just gonna gum
this up, which has been in the
works for eight months. You
know? (laughs)

BALDUCCI

Yeah.

BACKSTROM

I don’t wanna throw him a curve
ball. Wow.

BALDUCCI

Yeah. No, I agree. I think the
proper way to approach him
would be let’s get this order
entered, and then if you wanna
go back to the well later and
get it, get an order sealing
the file or closing the file or
whatever, we can do that later.

BACKSTROM

Mm-hmm.

Z SCRUGGS

It says hereby stayed. So is he
gonna keep…

BACKSTROM

Stay, as in compelled to
arbitration.

Z SCRUGGS

What does it mean? That action
just kinda stays in this court
while that goes…

BACKSTROM

That’s what, that’s what we ask
for in the first instance
because
um, there was good reason for
doing it. Don’t know what it
was, but.

Z SCRUGGS

Well, what if Judge LACKEY
retires on the bench and some
other asshole gets a hold of
it?

BACKSTROM

Well, if he compels it to
arbitration, then they gotta
wait until arbitration is over
with.

BALDUCCI

Well do you wanna put, do you
wanna put in there that the
action’s dismissed? Put that
it’s, that it’s compelled to
arbitration and the proceedings
before this court are dismissed?

Z SCRUGGS

(talking simultaneously) I
would (UI) I, that’s what I
think and thought the court was
gonna do.

BALDUCCI

Just dismiss without prejudice?
I mean you can’t dismiss it
with prejudice, but he could
dismiss it without prejudice.

BACKSTROM

(UI)

Z SCRUGGS

I think that’s what…

BALDUCCI

Instead of staying it-

Z SCRUGGS

…he would need to do anyway.
But I, I, I don’t, uh, I might
be overlookin’ a drawback to
doin’ That- I don’t know what
it’d be, but.

BALDUCCI

‘Course.

Z SCRUGGS

I mean LACKEY’S uh. uh, fine,
but you know who the fuck else
is gonna get this thing.

BALDUCCI

Well, That may be what…

Z SCRUGGS

They might (UI) to move oh,
judge, oh, we got a new judge
and then…

BALDUCCI

Yeah.

Z SCRUGGS

…who knows who is.

BALDUCCI

I don’t know that I’ll have the
stroke with the next one.

BACKSTROM

Mm-hmm.

Z SCRUGGS

Well, shit you know, this is
the proper thing to do, uh, uh,
it, it’s just uh, you know,
(UI) it’s just so
unprofessional, uh, what these
guys have been up to, and
unethical. Attaching all these
uh, things That they’re
ciphering through and God knows
what GRADY’s talkin’ to STATE
FARM lawyers about. Hey, make
this, you know, you got so and
so, make that, buy that case we
can…get all of it.

BACKSTROM

Uh, yeah, I don’t know, I guess
a dismissal would be better
than a, a staying. Urn, but I
think the staying gonna be fine
if he’s compelling it to
arbitration because then it
gets stuck in arbitration and
you can’t do anything with it
after that-

Z SCRUGGS

Well, other than…

BACKSTROM

(UI)

Z SCRUGGS

…say ok, fine we’ll go to
arbitration and what, whatever
claims we don’t think or can
construe later weren’t done in
arbitration are coming back to
this court, and then whoever the
fuck the judge is, you know? I.
don’t know.

BALDUCCI

Mm-hmm.

Z SCRUGGS

And, and, ’cause he stayed it,
there was no statutes issue.

BALDUCCI

Right.

UF4

TRACY LOTT (phonetic) is on the
phone for you? (UI)

Z SCRUGGS

TRACY LOTT?

UF4

Mm- hmm.

Z SCRUGGS

Uh. . .

UF4

(UI)

Z SCRUGGS

Is it TRISHA LOTT?

UF4

Mmm…she said TRACY. It could
be TRISHA, but.

Z SCRUGGS

I, I don’t know a TRACY LOTT,
and, and the daughter’s TYLER,
but. . .

UF4

You want us to take a message?

Z SCRUGGS

Yeah, just, just tell her I’m
not here and try to get a, make
sure who their name is and
their number if you don’t mind.

UF4

Ok.

Z SCRUGGS

Thanks. I don’t wanna answer a
TRACY LOTT who I don’t know
anything about by off chances.

BALDUCCI:

(laughs) Yeah, could be.

Z SCRUGGS

It could be..(UI)

BALDUCCI

God only knows, (pause) Urn, the
other piece of this puzzle I
hadn’t told you yet is uh, get
it how you want it because I’ve
got to uh. I’ve gofcta go back
for another delivery of uh,
another bushel of sweet
potatoes down there. So.
Because of all of this that has
come up.

BACKSTROM

Mm-hmm.

BALDUCCI

So get it right. Get it how you
want it ’cause we’re payin’ for
it to get it done right.

BACKSTROM

(door opens- Zach leaving)

For the reasons set forth above
all matters in this cause
including all claims hereby
stayed. Plaintiffs are hereby
compelled to submit all such
claims to binding arbitration-
That, you know, that’s good
enough to me. I wouldn’t change
anything.

(door closes- Zach lef)
I’d just get-get er done.

BALDUCCI

Alright.

BACKSTROM

‘Cause any, any change I would
expect is going to have to be
hands rung over it and thought
about and things like that, so.
I mean, I’ll take, you know,
ninety-nine percent of what we
want.

BALDUCCI

Yeah, ok.