4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 Page 1 of 5

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1 4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 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. / JOINT STATUS REPORT COME NOW the Parties to the above-captioned action and, pursuant to the Text Order entered by the Court on April 13, 2011 (Document # 176, file this Joint Status Report. RESOLUTION OF MOTIONS OR OTHER MATTERS PENDING The only matters currently pending before the Court are (1 the amount of reasonable attorney s fees and costs to be awarded to the Executor for the contempt proceeding regarding the Brown Defendants (see Document # 153; (2 Counsel for the Brown Defendants Motion to Withdraw as Counsel (Document # 171; (3 Counsel for the Brown Defendants Motion to Seal the Memorandum in support of their Motion to Withdraw as Counsel (Document #172; and 1

2 4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 Page 2 of 5 (4 completion of the ADR attempt required by Local Civil Rule These four issues are addressed as follows: (1 The Executor and the Brown Defendants have been unable to resolve the issue of the amount of reasonable costs and attorney s fees to be awarded to the Executor, but the issues have been fully briefed for the Court to enter an appropriate order on this issue (Documents # 157, 161, and 164. (2 None of the Parties opposes Counsel for the Brown Defendants Motion to Withdraw as Counsel. (3 None of the Parties opposes Counsel for the Brown Defendants Motion to Seal the Memorandum in support of their Motion to Withdraw as Counsel. (4 The Parties have been unable to resolve issues regarding ADR, but anticipate reaching a resolution on those issues and informing the Court of the Parties agreement regarding ADR. PARTIES READINESS FOR TRIAL The Brown Defendants current counsel has requested to withdraw as counsel. If the Brown Defendants current counsel is permitted to withdraw, then the Brown Defendants should be afforded a reasonable amount of time (one month in which to retain new counsel and inform the Court of the same. The Brown Defendants have requested a discovery period before they are ready for trial. The Parties do not object to a reasonable amount of time for the Brown Defendants to conduct discovery. concluded. If ADR is unsuccessful, Plaintiff will be ready for trial after expert discovery has been 2

3 4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 Page 3 of 5 Respectfully submitted this 20th day of April, /s/ Luke A. Lantta L. Lin Wood (Georgia Bar No (Pro hac vice Lin.Wood@BryanCave.com Nicole Jennings Wade (Georgia Bar No (Pro hac vice Nicole.Wade@BryanCave.com Luke A. Lantta (Georgia Bar No (Pro hac vice Luke.Lantta@BryanCave.com BRYAN CAVE LLP One Atlantic Center Fourteenth Floor 1201 West Peachtree Street, N.W. Atlanta, Georgia Telephone: ( Facsimile: ( /s/ Louis Nettles Karl A. Folkens (District Court ID No. 854 Karl@folkenslaw.com Louis Nettles (District Court ID No Louis@folkenslaw.com FOLKENS LAW FIRM, P.A West Palmetto Street Florence, South Carolina Telephone: ( Facsimile: ( Attorneys for the Executor /s/ Joseph C. Wilson by LAL with express Carl E. Pierce, II (Fed. ID# 3062 Joseph C. Wilson, IV (Fed. ID# 5886 Pierce, Herns, Sloan, & McLeod, LLC P.O. Box Charleston, SC ( ( joewilson@phsm.net Susan M. Brown and The Law Offices of Susan M. Brown, P.C. 3

4 4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 Page 4 of 5 /s/ G. Ben Thompson by LAL with express G. Ben Thompson 3760 Waterford Drive Pro Se /s/ Benjamin A. Baroody by LAL with express Benjamin A. Baroody District Ct. I.D. No David B. Miller District Ct. I.D. No Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A. Post Office Box 357 Myrtle Beach, SC Telephone: Gaither Bengene Thompson, II and Melanie Thompson /s/ Susan P. MacDonald by LAL with express Susan P. MacDonald Federal Bar No. 984 Nelson Mullins Riley & Scarborough LLP Beach First Center, 3 rd Floor 3751 Robert M. Grissom Parkway Stancil Shelley and Gina Shelley 4

5 4:08-cv JMC -TER Date Filed 04/20/11 Entry Number 184 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on April 20, 2011, 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 Nelson Mullins Riley & Scarborough LLP Beach First Center, 3 rd Floor 3751 Robert M. Grissom Parkway Stancil Shelley and Gina Shelley Carl E. Pierce, II Joseph C. Wilson, IV Pierce, Herns, Sloan & McLeod, LLC P.O. Box Charleston, SC Susan M. Brown and The Law Offices of Susan M. Brown, P.C. Benjamin A. Baroody David B. Miller Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A. Post Office Box 357 Myrtle Beach, SC Gaither Bengene Thompson, II and Melanie Thompson 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 Pro Se This 20th day of April, /s/ Louis Nettles Louis Nettles (District Court ID No Louis@folkenslaw.com 5