OK YallPolitics Nation. Time to put on your thinking caps and follow the bouncing ball . . .
In what can only be described as a bizarre series of filings in the last 48 hours in the Renfroe vs. Rigsby Gals case in Judge Acker’s Court, Scruggs now announces to the Court that he now faces a precarious Catch-22 that puts him squarely between alternatively violating the orders of two different federal judges (Acker & Senter).
Late Tuesday, Scruggs (through counsel) entered an Emergency Motion to relieve Scruggs from complying with Acker’s Preliminary Injunction. It states, in part . . .
8. Scruggs is currently in a precarious position. If Scruggs does not
produce the requested documents, Scruggs may face contempt charges in Mississippi.
Scruggs does produce the documents, Scruggs may face additional contempt
proceedings in Alabama.
9. Scruggs is in a similarly problematic position with respect to the
depositions, wherein Scruggs may be asked to testify about documents subject to this
Court’s Preliminary Injunction.
Scruggs has made it known through a subsequent filing that (1) he is appealing Judge Acker’s contempt order and (2) that he is paying for he and the Rigsby Gal’s liability if that fails and the Rigsby Gals filed a motion along those lines asking Acker to relieve them of the obligation.
Renfroe’s response tries to put all of this foolishness together.
Renfroe continues to be disappointed and frustrated by Defendants’
and Scruggs’ violations of this Court’s Injunction. Given this latest example
in which they inform this Court that they still have documents covered by
the Injunction, Renfroe respectfully asks this Court to enforce the Injunction
by ordering Defendants and Scruggs to forthwith surrender the documents,
in all forms and media, that they say they have, as well as all other materials,
including all copies of documents, in any form or medium, that are covered
by the Injunction.
Renfroe does, of course, see the redundancy of this Court ordering
what it has previously ordered. The problem for Renfroe is that Defendants
and Scruggs still have not done what has already been ordered in the
Injunction, but Renfroe is somewhat hesitant to file repeated contempt
motions in consideration of the Court’s precious resources. Renfroe is
hopeful that, given the Court’s most recent contempt order which made very
clear the Court’s view of Defendants’ and Scruggs’ past conduct, a stern
order directing them to fully comply with the Injunction now or face serious
consequences (for example, striking Defendants’ answer, stiff monetary
sanctions and/or possible criminal contempt charges), will stimulate
compliance once and for all. Renfroe simply wants compliance.
So, basically, Scruggs and the Rigsby Gals have now basically had their hands forced that they have been in non-compliance with Acker for over a year and are now forced with producing what they have to Senter and being in violation of Acker or not producing to Senter and being in violation of his order.
They have asked Acker for relief from his original injunction to absolve them of complying with Senter without getting even more heat from Acker.
By the way, there is a hearing going on right now on this matter in Acker’s courtroom.