Recall that in the McIntosh case, Magistrate Judge Walker ruled that Scruggs was to submit to a deposition and that he and the Rigsbys were to turn over any State Farm documents. Judge Senter affirmed this ruling. Then the Rigsbys and Scruggs said in an emergency motion “but we can’t turn over the documents because that would violate Judge Acker’s injunction.” Judge Walker, his patience severely tested, said turn them over now!, and in doing so noted that if they did have any stolen documents (he used the word stolen), they obviously were in violation of Judge Acker’s order already, because Judge Acker ordered that they turn over all copies of the documents they have in any form, period. Oops.
So with Judge Acker already so angry his ears were smoking (remember the contempt proceeding), the Scruggs folks filed a motion asking him to let them comply, noting that there just was no need for an actual hearing on this.
Judge Acker, still presumably unamused, announced a hearing for 1:30 this afternoon, in Birmingham, be there or be square. I understand that it is occurring as I write.
All of the documents are on the YallPolitics website, along with Alan’s account of all this; thanks, Alan, for the heads up.
Any word on what happened at this hearing?