Scruggs proposed findings - NMissCommentor

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!aaassseee::: 333:::000999---cccrrr---000000000000222---GGGHHHDDD---SSSAAAAAA DDDoooccc ###::: 222111333 FFFiiillleeeddd::: 000444///111111///111222 111222 ooofff 444111 PPPaaagggeeeIIIDDD ###::: 222111888888 11. On June 12, 2006, Wilson filed three Motions for Quantification. Exhibits 22, 23, and 24. These motions asked the court to calculate the monies due Wilson. March 27, 2012 Tr. at 28 (Funderberg). case. 12. On July 7, 2006, Judge Delaughter issued two rulings germane to this a. Judge Delaughter issued an order striking Wilson’s expert’s report. Exhibit 6. Judge Delaughter stated that “this Court has ruled on many occasions that the August 7, 1992 agreement is a clear and unambiguous contract….” Id. at 3. Judge Delaughter’s grounds for striking were that Wilson’s expert report was inconsistent with the law of the case. “[A] portion of the report of Saul Solomon, Wilson’s expert accountant, is predicated on the belief that Wilson is entitled to a portion of the fees received from post-August 7, 2007, settlements, contrary to the Court’s previous order….” Id. at 7. Judge Delaughter expressly referred to the May, 2002, report of the Special Master as a basis for the Court’s ruling.” Id. at 2, fn. 3. Further, Judge Delaughter noted that “the Special Master then recommended the same thing that he recommended nearly fours years earlier….” Id. at 3, fn. 5. b. Judge Delaughter also entered a so-called Quantification Order. Exhibit 8. That order expressly referred to the Order Striking Expert’s Report issued the same day setting out the rationale for Judge Delaughter’s quantification of monies due Wilson. Id. at fn. 1. Again the August 23, 2002 Order provided the court's rationale for its decision. 12
!aaassseee::: 333:::000999---cccrrr---000000000000222---GGGHHHDDD---SSSAAAAAA DDDoooccc ###::: 222111333 FFFiiillleeeddd::: 000444///111111///111222 111333 ooofff 444111 PPPaaagggeeeIIIDDD ###::: 222111888999 B. THE “THEN-OPEN JUDGESHIPS” 13. The first federal district judgeship to come open during the relevant time frame in the Southern District of Mississippi was the Judge William H. Barbour, Jr. seat. Judge Barbour took senior status on February 4, 2006. Exhibit 35. Exhibit 36. 14. Judge David Bramlette, III, took senior status on March 20, 2006. 15. Judge Tom S. Lee took senior status on April 8, 2006. Exhibit 37. 16. President Bush nominated Dan Jordan to fill Judge Lee’s seat on April 24, 2006. Exhibit 38. 17. President Bush nominated Leslie Southwick to fill Judge Barbour’s seat on June 6, 2006. Exhibit 39. 18. Judge Jordan’s name had been submitted to the White House “the first part of March” by Senators Cochran and Lott to fill the Barbour seat but the White House nominated him for Judge Tom Lee’s seat. March 26, 2012 Tr. at 43 (Lott). C. THERE WAS NO QUID BECAUSE BOBBY DELAUGHTER COULD NOT HAVE CONSIDERED THE CALL FROM TRENT LOTT A THING OF VALUE 19. Bobby Delaughter met with Chip Reynolds, a former political aide to Senator Trent Lott in early March, 2006. March 26, 2012 Tr. at 98 (Reynolds) Id. 20. That meeting was initiated by Mr. Reynolds. Id. 21. At that meeting Delaughter brought up his interest in a federal judgeship. 13
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Scruggs proposed findings - NMissCommentor

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