Newly Filed TRO Documents, 2008 Letter From Attorney Jon Eardley To Britney



BreatheHeavy has obtained more court documents filed Friday, January 30 at the Los Angeles Superior Court with additional information provided by attorneys representing both sides.

In the papers, attorney Geraldine Wyle with "Luce Forward," the firm overseeing Britney's conservatorship, claims "both Mr. Lutfi & and Mr. Ghalib have disappeared and are intentionally avoiding direct contact with Ms. Spears or Mr. Spears' security." As a result, it has made serving the restraining orders increasingly difficult.

Sam Lutfi has allegedly not been served the restraining order papers unlike ex-paparazzo, Adnan Ghalib, who was reportedly served Saturday morning at his home in Burbank.

Attorney Wyle's declaration states Jon Eardly "is working... with Mr. Lutfi, and I am informed and believe, Mr. Ghalib as Mr. Eardly has once removed this... to federal court and has a history of multiple removals and disruptive actions in offering proceedings, I am informed and believe that notice to him would cause difficulty, risk and disruption."

Below is a portion of Wyle's filed declaration:




Attorney Jeffrey Wexler of "Luce Forward," who currently represents Jamie Spears as the conservator of Britney and co-conservator of Britney's estate, filed a declaration in "support of request for orders to stop harrassment," detailing the events that lead up to the filing of the restraining orders on Tuesday, January 27, 2009:

quote:

"I received a telephone call from Mr. Anderson [attorney, partners with "Luce Forward" attorney Geraldine Wyle & Jeryll Cohen]... Mr. Anderson said that he was initially contacted by attorney Jon Eardley, who had asked him for his expertise in helping Mr. Eardley to decide what documents he would be able to file on behalf of conservatee Britney Jean Spears ("Ms. Spears"). Mr Anderson told me that he had been contacted by Mr. Eardley about three or four weeks ago, and that he had spoken with him a couple times.

Mr. Anderson said that he was thereafter contacted by Sam Lutfi, who said that Ms. Spears wanted to retain an attorney but was not allowed to speak to one...

Mr. Anderson said that he told Mr. Lutfi that he would not talk to Ms. Spears unless he received documents with her signature. Mr. Anderson told me that he had prepared a petition, engagement letter, and related papers and sent them to Mr. Lutfi, and that Mr. Lutfi thereafter returned signed versions of those documents to him.

I explained to Mr. Anderson that the Court had found in February 2008 that Ms. Spears lacks capacity to hire counsel. I also told Mr. Anderson that in February 2008 Mr. Eardley had filed papers removing the conservatorship proceedings to the United States District Court for the Central District of California, and that the Central District had subsequently remained the case on the grounds that Ms. Spears lacks capacity to hire counsel and that Mr. Eardley therefore was not authorized to file notice of removal on her behalf."


In the letter attorney Wexler refers to in his declaration, Jon Eardley, who was issued a restraining order by Jamie Spears on behalf of Britney for allegedly undermining the conservatorship, claims he [Eardley] can represent Britney in defense of the conservatorship. Below are highlights from Eardley's letter, dated January 28, 2008, to Britney:

quote:

"You may not be aware of the fact that your civil rights were violated... as a result of these actions and the significant implications of those actions with respect to our custody case."

"I have developed a legal strategy for you that I am confident will turn everything around, and ultimately garner you full custody of your children within approximately 30 to 60 days."

They will not be happy until they have denied you your freedom and milked you for your last dime. The custody case, as you know, is nothing more than a flat out extortion scheme, with your children being used as pawns."

"Commissioner Gordon... was quick to deny you all of your visitation rights, even before Cedars issued its evaluation that you were not under the influence of illegal drugs or alcohol. Commissioner Gordon clearly is biased against you."

"...Your case will continue to spiral until they have denied you your freedom, your children and your assets."

"All I want is to see you win. I do not want anything in return and am willing to volunteer my time with you to see to it that you are successful in this custody case. I am not interested in publicity, money, or anything other than seeing you obtain full custody of your children."

"Please recognize that aside from some anxiety and depression, which are totally normal under these circumstances, there is nothing wrong with you. but that the court system routinely engages in character assassination to conceal its internal bias and to break you down... What they ultimately want is to get you into a conservatorship; at that point, your freedom will be denied, giving them the full opportunity to steal all of your money and to deny you any access to your children.



The documents conclude with an order sealing three documents "lodged in support of his [James P. Spears] Request for Orders to Stop Harassment."

"While the public has a general right of public access to the record, any interest that the public might have in such access is overcome by the overriding interest in avoiding the distress to the Spears family and the harm to Ms. Spears' health and recovery that would result from the dissemination of these false and hurtful allegations."




A hearing regarding the restraining orders is scheduled for February 23.