1. 4:08-cv-02753-JMC -TER Date Filed 09/20/10 Entry Number 147 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
HOWARD K. STERN, as Executor of the )
Estate of Vickie Lynn Marshall, )
a/k/a Vickie Lynn Smith, ) Civil Action No. 4:08-cv-2753-JMC-TER
a/k/a Vickie Lynn Hogan, )
a/k/a Anna Nicole Smith, )
)
Plaintiff, )
)
vs. )
)
STANCIL SHELLEY, )
a/k/a Ford Shelley, )
G. BEN THOMPSON, )
GAITHER BENGENE THOMPSON, II, )
MELANIE THOMPSON, )
GINA THOMPSON SHELLEY, )
SUSAN M. BROWN, and )
THE LAW OFFICES OF )
SUSAN M. BROWN, P.C. )
)
Defendants. )
/
STATUS REPORT REGARDING THE EXECUTOR’S
MOTION FOR CONTEMPT AND SANCTIONS
COME NOW Plaintiff Howard K. Stern, as Executor of the Estate of Vickie Lynn
Marshall a/k/a Anna Nicole Smith (the “Executor”); and Defendants Stancil Shelley, G. Ben
Thompson, Gaither Bengene Thompson, II, Melanie Thompson, Gina Thompson Shelley, Susan
M. Brown, and The Law Offices of Susan M. Brown, P.C., and, pursuant to the Text Order
entered by the Court on September 16, 2010 (Document # 145), file this Status Report regarding
the Executor’s Motion for Contempt and Sanctions (Document # 79).
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2. 4:08-cv-02753-JMC -TER Date Filed 09/20/10 Entry Number 147 Page 2 of 5
PROCEDURAL BACKGROUND
On October 28, 2009, the Executor filed the Motion for Contempt and Sanctions against
Defendant G. Ben Thompson and his then-attorney-of-record, Susan M. Brown. (Document
# 79.) The Motion was accompanied by a Memorandum of Law. (Document # 79-1.) On the
same day, the Executor sought leave of Court to amend and supplement the Complaint and,
among other things, add Susan M. Brown as a defendant to this action. (Document # 78.)
Susan M. Brown sought to withdraw as counsel for Defendant G. Ben Thompson.
(Document # 69, Document # 82.) By order dated November 24, 2009, the Court permitted Ms.
Brown to withdraw as counsel. (Document # 89.)
On November 24, 2009, Susan M. Brown filed her Memorandum in Opposition to the
Executor’s Motion for Contempt and Sanctions. (Document # 86.) On December 7, 2009, the
Executor filed his Reply in Support of the Motion for Contempt and Sanctions as it concerns
Susan M. Brown. (Document # 93.) That same day, Defendant G. Ben Thompson filed a
motion to join in Brown’s response in opposition to the Motion for Contempt and Sanctions.
(Document # 94.) By order dated August 12, 2010, the Court granted G. Ben Thompson’s
motion to join in Brown’s response to the Motion for Contempt and Sanctions. (Document
# 139.)
On May 27, 2010, the Court set a hearing on the Executor’s Motion for Contempt and
Sanctions and the Executor’s Motion for Leave to Amend the Complaint and Supplement the
Complaint and for Joinder of Additional Defendants to be held on June 29, 2010. (Document
# 116.) During the afternoon of June 28, 2010, however, the Court cancelled the hearing set for
the following day. (Document # 118.)
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3. 4:08-cv-02753-JMC -TER Date Filed 09/20/10 Entry Number 147 Page 3 of 5
On July 1, 2010, without hearing, the Court ultimately granted the Executor’s Motion for
Leave to Amend and Supplement the Complaint. (Document # 120.) The First Amended
Complaint was filed on July 1, 2010. (Document # 122.)
Since cancelling the hearing set for June 29, 2010, on the Motion for Contempt and
Sanctions, the Court has not re-set a hearing on the motion.
STATUS
Before the Court can enter an order on the Executor’s Motion for Contempt and
Sanctions, Susan M. Brown and G. Ben Thompson are entitled to notice and a hearing. The
issues are fully briefed and all that remains to decide this motion is the required notice and
hearing. Counsel for the Executor, counsel for Susan M. Brown, and G. Ben Thompson were
prepared to conduct that hearing on June 29, 2010, and remain ready to conduct that hearing
once it is reset by the Court.
Respectfully submitted this 20th day of September, 2010.
/s/ Luke A. Lantta
L. Lin Wood
(Georgia Bar No. 774588) (Pro hac vice)
Lin.Wood@BryanCave.com
Nicole Jennings Wade
(Georgia Bar No. 390922) (Pro hac vice)
Nicole.Wade@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
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4. 4:08-cv-02753-JMC -TER Date Filed 09/20/10 Entry Number 147 Page 4 of 5
/s/ Louis Nettles
Karl A. Folkens
(District Court ID No. 854)
Karl@folkenslaw.com
Louis Nettles
(District Court ID No. 2521)
Louis@folkenslaw.com
FOLKENS LAW FIRM, P.A.
3326 West Palmetto Street
Florence, South Carolina 29501
Telephone: (843) 665-0100
Facsimile: (843) 665-0500
Attorneys for the Executor
/s/ Joseph C. Wilson by LAL with express
permission
Carl E. Pierce, II (Fed. ID# 3062)
Joseph C. Wilson, IV (Fed. ID# 5886)
Pierce, Herns, Sloan, & McLeod, LLC
P.O. Box 22437
Charleston, SC 29413
(843) 722-7733
(843) 722-7732
joewilson@phsm.net
Attorneys for Defendants
Susan M. Brown and
The Law Offices of Susan M. Brown, P.C.
/s/ G. Ben Thompson by LAL with express
permission
G. Ben Thompson
3760 Waterford Drive
Myrtle Beach, SC 29577
Pro Se
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5. 4:08-cv-02753-JMC -TER Date Filed 09/20/10 Entry Number 147 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on September 20, 2010, I electronically filed the foregoing document
with the Clerk of Court, which will automatically send notification of such filing to the following
attorneys of record:
Susan P. MacDonald Benjamin A. Baroody
Nelson Mullins Riley & Scarborough LLP David B. Miller
Beach First Center, 3rd Floor Bellamy, Rutenberg, Copeland, Epps,
3751 Robert M. Grissom Parkway Gravely & Bowers, P.A.
Myrtle Beach, SC 29577 Post Office Box 357
Myrtle Beach, SC 29578-0357
Attorneys for Defendants
Stancil Shelley and Gina Shelley Attorneys for Defendants
Gaither Bengene Thompson, II and
Melanie Thompson
Carl E. Pierce, II
Joseph C. Wilson, IV
Pierce, Herns, Sloan & McLeod, LLC
P.O. Box 22437
Charleston, SC 29413
Attorneys for Defendants
Susan M. Brown and
The Law Offices of Susan M. Brown, P.C.
I further certify that this same day, the foregoing document was served upon the
following by first class mail addressed as follows:
G. Ben Thompson
3760 Waterford Drive
Myrtle Beach, SC 29577
Pro Se
This 20th day of September, 2010.
/s/ Louis Nettles
Louis Nettles
(District Court ID No. 2521)
Louis@folkenslaw.com
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