Does Angela Stanton’s Summary Judgment Motion Sink RHOA’s Phaedra Parks’ Defamation Lawsuit?

Posted on Mar 16 2015 - 1:25pm by Stacy Slotnick, Esq.

All About The Tea_Angela Stanton Phaedra Parks

The art of the written legal argument is difficult to master. Some lawyers write to influence public policy while others attack every claim or defense set forth by their adversary. Then there are those esteemed attorneys who write to win by relating facts in a compelling way. Angela Stanton’s counsel clearly knows how to persuade.

On September 26, 2012, attorney and “Real Housewives of Atlanta” star, Phaedra C. Parks lodged a defamation lawsuit against her ex-best friend, Angela Stanton, in the matter of Phaedra C. Parks v. Angela Stanton, 12-C-06313-53. In response, Stanton submitted a Motion For Summary Judgment on February 24, 2014. Defendant contends in her motion that the record contains no reasonable basis upon which Plaintiff may prevail on her claims. Stanton further moves the Court for an order awarding her reasonable attorney’s fees, and other sanctions deemed appropriate by the Court due to Plaintiff’s refusal to participate in good faith in the discovery process, and due to Plaintiff’s maintenance of a legal action that lacks a reasonable basis in law or fact. 

The pre-trial remedy known as summary judgment can decide an issue or an entire case. It can be granted to resolve disputes involving legal interpretation, but not disputes regarding material facts.  The legal standard imposed by most jurisdictions requires that in order for summary judgment to be granted by the court, the party moving for summary judgment must demonstrate that there are “no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law.” Stanton maintains that Parks has neglected to raise a genuine issue of material fact, and as a result, judgment must be entered in favor of Stanton as to Plaintiff’s claim for defamation, and Parks’ Complaint must be dismissed with prejudice.

The legal scuffle here stems from Parks’ suit against the motivational speaker Angela Stanton when the latter gave an interview to Vibe magazine and wrote a book titled, “Lies of a Real Housewife: Tell the Truth and Shame the Devil,” in which she claimed Parks knew about her husband Apollo Nida’s illegal activities.

Parks was deposed once but refused to talk about her husband’s criminal activities while they were married and stonewalled attorneys who tried to uncover the truth.  In an Order dated October 10, 2014, the Court found that Plaintiff has given “evasive or incomplete answers to certain questions posed by Defendant’s counsel.”  A judge is forcing Parks to submit to a deposition and answer questions about her involvement in Nida’s crimes. Meanwhile, a summary judgment hearing is set for April 20, 2015.

Defendant argues on page 17 of her motion that “Parks must now play by the rules,” citing to the Georgia Civil Practice Act, which requires that “she submit herself to a deposition upon oral examination to be conducted by Defendant’s counsel.” A party to a lawsuit cannot refuse to engage in the discovery process in good faith. In ¶ 59 of Defendant’s motion, Stanton claims she has attempted to schedule Plaintiff’s deposition, via email, letter, phone conversations, and in-person conversations, on numerous occasions but Parks has refused to coordinate with Defendant to schedule her deposition.

In a letter dated February 5, 2014 from James Radford, Stanton’s lawyer, to Paul E. Andrews, Phaedra’s counsel, see Exhibit H of Defendant’s motion, Mr. Radford asserts,

“I have been trying for the past two months to schedule your client’s deposition in this case. I have proposed numerous potential dates, and have been promised by you numerous times to provide me with a mutually acceptable date.  I have no choice but to unilaterally notice the deposition.  So, please find attached the notice to take your client’s deposition on Monday, February 17, 2014, at the State Bar.”

Defendant alleges that Parks has not submitted any affidavits, nor has she introduced any other shred of documentary evidence supporting her claims. Defendant charges that Parks has refused to sit for her deposition, and a result, she has failed to produce even the most basic evidence to support her claims – that is, her own testimony!

The absurdity of the situation is obvious: The self-described “Super Sassy But Always Classy Atty” would not be subject to grueling questioning about her knowledge of Apollo Nida’s criminal activity if she had not commenced litigation in the first place.

For your reading pleasure, I have bulleted herein a “best of” list regarding the most captivating claims made by Stanton in her motion for summary judgment:

During the time that the Defendant and Plaintiff formed a close bond, Stanton’s boyfriend Justin Cody found that the two women were so close that he believed they were “romantically involved,” see ¶ 13.

In ¶ 14, it is alleged that sometime in 2001, Stanton and Parks began to engage in a criminal enterprise together. Their first criminal business consisted of using false checks to purchase electronics, jewelry, and other high-end items, see ¶ 16.  The scheme continued, according to Defendant, in the following manner: Parks would provide Stanton with fraudulent business checks, as well as a list of desired items, including specific model numbers of electronics, that Stanton was to purchase with those checks, see ¶ 17. Stanton then went out and purchased all of the items on the list using those checks, and delivered the items to Parks, see ¶ 18.

As payment for her part in this criminal enterprise, Parks provided several fraudulent checks for Stanton to use to purchase whatever she desired, according to ¶ 19 of the motion.

Astoundingly, Parks and Stanton executed this check fraud scheme somewhere between thirty and fifty times in several states, see ¶ 21.

Parks was deeply involved in numerous criminal schemes in which Stanton was also involved between 2001 and 2004, see ¶ 54.

In 2001, a warrant for Stanton’s arrest was issued for using a fraudulent check in Clayton County.  Following this warrant for check fraud, Parks suggested a wholly different criminal enterprise, and sometime in 2001 Parks introduced Stanton to Apollo Nida, see ¶ 23-24.

Parks and Nida engaged Stanton in a criminal scheme in which they facilitated and instructed her to procure a fake ID, using the alias “Tyra Evans,” and open a bank account at Bank of America with that fake identity, see ¶ 26.

During Stanton’s incarceration from March 2004 in to early 2005, Stanton’s sister-in-law, Regina Matthews, facilitated numerous three way calls between Stanton and Parks, see ¶ 46.  Stanton characterized the tone of those conversations as being a chat between friends and business partners, not a conversation between an attorney and her client. During those phone calls, Parks and Stanton discussed “their business” together, and Parks inquired as to what Stanton had told the police before, during, and after her arrest, see ¶ 49-50.

Under ¶ 83, Defendant contends, “Plaintiff’s counsel has stated numerous times that Plaintiff does not intend to maintain the action against Stanton, but wishes to dismiss the Complaint.”  Based on the fact Plaintiff filed a BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT and a RESPONSE TO MOTION FOR SANCTIONS on April 29, 2014 and February 17, 2015, respectively, I highly doubt it is Parks’ objective to dismiss the case.

Defendant contends on page 18 that Parks has displayed a clear disregard for the rules of the Court, and her “contempt for these rules are made even more egregious due to the fact that she is a duly licensed Georgia attorney and an officer of the Court.”

Stanton has everything to lose – in terms of her reputation and future business prospects – by admitting to and emphasizing her criminal conduct in this motion for summary judgment. Despite the fact she lays bare all her previous mistakes in significant detail, she is willing to do so in order to prove that Plaintiff’s defamation lawsuit is groundless.

Judge Carla E. Brown has no shortage of legal paperwork and evidence to comb through in determining the final outcome of this motion.  Motion practice in this case has been robust, to say the least. Since the motion that is the subject of this blog was first filed on February 24, 2014, there have been a slew of additional filings, including a RESPONSE TO MOTION TO COMPEL; a RESPONSE TO MOTION FOR SUMMARY JUDGMENT; an AFFIDAVIT OF PHAEDRA PARKS; a BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; and a MOTION FOR IMPOSITION OF SANCTIONS, to name a few.

In a defamation case, the defendant can only be held liable if the statement involved was false. A true statement does not meet the legal requirements for defamation.  Stanton asserts on page 19 that there is no evidence in the record that her supposedly defamatory statements are false. Stanton argues that the statements she made in her book are true, regardless of how unfavorably they portray Parks. 

“Not only does Stanton’s testimony fully support the truth of every statement made in her book and in her interviews, but Stanton has introduced the sworn statements of four additional witnesses who have corroborated the truth of her allegations,” notes Stanton on page 20 of the motion for summary judgment, referring to Justin Cody, Leonard Holland, Regina Matthews, and Lee Matthews. 

Furthermore, before agreeing to publish Stanton’s book, Stanton maintains that Augustus Publishing did a “fact search” to verify that the facts in Stanton’s book were, in fact, true. According to Defendant’s motion, Augustus determined that, pursuant to their investigation, the facts of Stanton’s book were verifiably true.

While we cannot predict the future, we can make reasonable judgments about which way the Court is likely to rule. Here are a couple of questions I pose to AATT readers:

Are Parks’ actions with regard to this lawsuit abusive, in bad faith, and frivolous?

  • Does Parks believe she is above the law?
  • Should Parks’ conduct be sanctioned?

Is Parks more likely to withdraw her lawsuit with prejudice (in other words, the suit will be dismissed permanently and it cannot be brought back to court) or will she appear for a deposition to wholly address the allegations made in Stanton’s book?

READ: Angela Stanton files Motion for Summary Judgment

I urge you to grab your gavel, join the conversation, and tell us whether you think the judge will rule in favor of Angela Stanton

 

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About the Author

Stacy Slotnick, a.k.a. The Foxy Jurist, holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst Commonwealth Honors College. Stacy is the recipient of the Honors Deans Award; Simon and Satenig Ermonian Memorial Scholarship; College of Social and Behavioral Sciences Opportunity Scholarship; and College of Humanities and Fine Arts Scholarship. She is also a William F. Field Alumni Scholar, an honor bestowed upon the most academically distinguished students. In law school, Stacy won two CALI Excellence For The Future Awards® and received an Achievement Scholarship. She is a member of the New York Bar. As an entertainment lawyer, Stacy counsels clients on contracts, branding, and public relations strategy. She negotiates with agents, producers, production companies, and lawyers to secure rights to projects on behalf of high-profile clients. Her clever, spirited, no holds barred legal analysis can be found in articles for The Huffington Post. * Facebook
 
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  • WestCoastFeed

    Thanks so much, Stacy, for updating us on this lawsuit. What is likely to happen when the hearing takes place in April? What will the arguing points probably be now? And can we expect this hearing to be delayed as much another year?

    • Stacy Slotnick

      You are very welcome, WestCoastFeed!

      I agree that this motion has lingered long enough. Unfortunately, the judge will probably grant an adjournment unless both parties agree to argue the motion on 4/20 and the judge at that time marks the motion, “Fully submitted.” From the looks of the Gwinnett County’s website, Plaintiff has filed a response but Defendant has not filed a Reply, thus Defendant will likely ask for an opportunity to submit Reply papers to Plaintiff’s Opposition.

      Should the judge issue a ruling, it is hard to tell whether Defendant’s motion will be granted because we don’t know how Phaedra responded and whether there is legitimate merit to Defendant’s claims. But the reason we don’t know enough about the merits is because Phaedra has refused to sit for a deposition in which she answers every relevant question asked.

      • WestCoastFeed

        Oh my. I sure am learning that the legal process moves at a crippled snail’s pace. Thank you. Do you think Phaedra still figures she can outwait Angela?

        • Stacy Slotnick

          Not a problem. Glad I could help! The fact that its been a little over a year between the time the motion for summary judgment was filed and the date the first hearing in the matter will take place does not give us pause for concern. These motions can take awhile before a final judgment is made, especially if the court grants adjournment after adjournment to allow parties to file their responses.

          In what way could Phaedra think she can outwit Angela? Do you mean to focus on the fact that Angela landed in jail and Phaedra did not for these fraudulent check crimes?

          • WestCoastFeed

            Outwait, not outwit, I think James Radford is a lot brighter than Phaedra is.

        • Bad Barbie

          Or she is hoping to exhaust Angela’s resources. It moves at snail pace because Phaedra is dragging it all the while insulting the same system she pledged to server. The nerves! If she has nothing to hide, then reply!

      • Tami

        Stacy the judge issued an order that Phaedra sit for a second deposition within 10 days of 10/10/14 to answer certain questions about Apollo and to reopen discovery. Can you tell from the Gwinnett County database that Phaedra was in contempt of the judge’s order? I am thinking she sat for the second deposition and was evasive again. Could she have evoked her 5th amendment rights in the second deposition?

        • Stacy Slotnick

          Defendant’s counsel claims that he tried several times to schedule the Ordered deposition that was limited to non-privileged questions regarding Plaintiff’s husband, among other items. It does not appear that Phaedra has been held in contempt, and why that is isn’t readily apparent.

          On its face, the Fifth Amendment appears to be limited to criminal cases. It states that no person “shall be compelled in any criminal case to be a witness against himself.” However, courts have long held that the Fifth Amendment privilege “can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory.” Kastigar v. United States, 406 U.S. 441, 445 (1972).

          However, if a party invokes her privilege against self-incrimination to nearly every question asked of her during her deposition, by refusing to answer any questions, that deponent obstructs the discovery process, which justifies the trier of fact in drawing an inference that any answers she gave in response to the questions would have been unfavorable to her.

  • honeybunny

    STACY!!! Thank you!! it’s about time this has been given the spotlight again especially with Phakes I’m the victim act on Rhoa. I believe phakey pursued this lawsuit with the expectation Angela would back down due to angela’s limited resources but phake wasn’t expecting James radford!! And while Radford has proven to be an excellent Atty on this case, I’m concerned Phakes connections in the Atlanta legal community may manipulate the outcome. Sorry for the typos.

    • Stacy Slotnick

      Thanks for the comments, honeybunny! (Seriously do not worry about typos — its the content that counts, and yours was exceptional.)

      I agree that a spotlight needs to be shed on this case — STAT. What we are talking about is the potential criminal activities of a member of the bar. That is huge!

      What do you think Phaedra hoped to get from Angela in filing this lawsuit? Did she want Angela to print a retraction regarding her claims that Phaedra engaged in illegal activity?

      I agree that James Radford penned a noble motion for summary judgment. If everything he and Stanton claim are true, I don’t see how a judge could not grant Defendant’s motion.

      • Bad Barbie

        It is huge but I always said that Phae Phae must be using knee pads heavy in the legal circle in ATL.

        • Stacy Slotnick

          I would hope that is not the case. Do you really think that Phaedra has legitimate clout in the law? Phaedra has such a low burden to overcome this summary judgment motion, and as the opponent she gets the benefit of all reasonable inferences and need only persuade the judge that some reasonable factfinder could find in her favor. If she loses this motion, that will be extremely telling.

          • Bad Barbie

            The fact that she has not even replied is telling! LOL

          • Stacy Slotnick

            She did reply to the motion for summary judgment by filing opposition papers, which have not been publicized.

      • honeybunny

        Thank you. I really think Phaedra thought her lawsuit would scare Angela away, especially when VIBE caved in. and I think it was a brief moment where Angela’s first atty dropped her because she was being too vocal on Twitter but when radford picked up the case Angela ceased social media and they went at phaedra full force. I don’t think phaedra expected to be challenged so now her only strategy is to drag it out but the only person losing money is her because Radford is working pro bono.

        • Stacy Slotnick

          That type of delay tactic occurs far too often in the law, and you are right to question whether it was used here.

        • charma

          He’s the wild card here. I find that verrry interesting. I have a gut opinion as to why he’s working pro bono. What does he have to gain by this case?

          • honeybunny

            Well when Phaedra filed the lawsuit, Angela filed a counterclaim seeking money lost from her book due to phaedra’s lawsuit. That’s why phaedra has not withdrawn her suit, because if she does, Angela could be awarded damages and if that happens radford (stantons atty) could rightfully so get fees from that. Did I get that right Stacy?

  • Shelly Jones

    The chickens will certainly come home to roost. Everything out of this woman’s mouth is nasty and vile. Calling people satan & whores and everything but a child of God. This woman is despicable and I do not feel not one ounce of sympathy for her.

    • Stacy Slotnick

      Thanks for your remarks, Shelly Jones. What would you do if you were judging this case?

      • Shelly Jones

        Stacy…First things first. As the judge, an officer of the court I would throw my gavel at her arse. Lol..Kidding. Being a layman I do know that Lawyers know how to file motions, extensions and other “legal trickery” to stall proceedings. No doubt this judge has seen it before and knows exactly what Phae is doing.

        • Stacy Slotnick

          I think your inclinations are right on the money. The point is that Phaedra has not produced any evidence to support her claims. By refusing to appear for her deposition and by failing to place into evidence anything to support her complaint, Phaedra is batting from behind the count when she goes before the judge on April 20.

          • Tami

            Stacy at the hearing on 4/20 could the judge hold Phaedra in contempt for not adhering to the 10/10/14 order compelling her to sit for the second deposition? I cannot believe that a duly sworn officer of the court be openly defiant. She needs to be disbarred for this.

          • Stacy Slotnick

            I agree with you that Phaedra’s actions are slightly less justified and therefore more troublesome because she IS a lawyer and thus should know better. Civil contempt of court most often happens when someone fails to adhere to an order from the court, with resulting injury to a private party’s rights. Typically, the aggrieved party may file an action for civil contempt.

            Consider this: Unlike criminal contempt sentences, which aim to punish the act of contempt, a civil contempt sanctions here would seek to move an underlying proceeding (deposition) along. Civil contempt sanctions typically end when the party in contempt complies with the court order, or when the underlying case is resolved.

            Like those charged with criminal contempt, the court may order incarceration of people held in civil contempt. However, unlike individuals charged with criminal contempt, people held in civil contempt are generally not given the same constitutional rights that are guaranteed to criminal contempt defendants. Therefore, if Phaedra were incarcerated for her failure to abide by a court order, she would have fewer rights than a criminal defendant. The reason for this disparity is that the court sees a civil contempt individual as holding the keys to her own freedom.

    • Bad Barbie

      What I see is that she is a walking contradiction. She calls people names for stuff that she has indulged in.

      • Marsbars09

        Yes, especially the “whore” comments.

    • Marsbars09

      Preach Shelly! I don’t feel sorry for Fake either. This season has revealed who she truly is- an evil spirit.

  • MidwestMiddie

    What kind of “Fact Search” did Augustus Publishing do and by whom? Lawyers? Interns?
    Angela’s pals?

    I tend to side with Phaedra – Not Guilty! I believe, if their was evidence
    against her, the police and federal officials would have arrested Phaedra by now.

    • Stacy Slotnick

      The fact that Radford even mentioned it in the motion tells me that he reviewed the same documents the publishing company did and came to the identical conclusion that the publishing company completed a due diligence search to corroborate the claims made by Angela. However, your point is well taken, since Radford did not explicitly state who conducted a fact search in the motion for summary judgment.

    • Tami

      This isn’t a criminal case it is a civil case so Phaedra won’t be found guilty or innocent. If Phaedra was so confident in the merits of her case why was she forced to be deposed by court order twice? Apollo’s arrested and conviction messed up Phaedra in this case. The timing was “untimely.” Phaedra filed a frivolous lawsuit and I hope she is sanctioned for abusing the legal system and us ultimately disbarred.

      • Stacy Slotnick

        These are very good inferences to make regarding Phaedra’s refusal to answer questions. In civil litigation, objection-free depositions are rarer than rare. No doubt she understood her attorney would protect her as much as the law would allow with interruptions. Too, her attorney could have objected to procedural matters, the form of questions or answers, the oath or affirmation, and the conduct of the parties. She wouldn’t have been without a lifeboat, to say the least.

      • MidwestMiddie

        I understand this is a civil case and not a criminal one. I don’t believe the police and feds “missed” Phaedra while doing their criminal investigations.
        If she had been involved she would have been charged.

        • Stacy Slotnick

          I agree. I think that enough public light has been shed on the case from various sources, and if she had “blood on her hands” she would have been charged. I hate to use the overdone Ruth Madoff analogy, but the Feds investigated Ruth for years and came up empty. Just because someone is associated with criminals and has a law degree doesn’t mean they are a genius and can see criminal activity right under their noses. But I understand the point of view that Phaedra is an attorney and should have suspected something and/or was helping Apollo.

        • honeybunny

          masterminds are very good at avoiding the law. They typically have middlemen to take the fall, like angela and Apollo….get it. There were a few others deposed that also worked for Phaedra

          • MidwestMiddie

            ” ……few others deposed that ALLEGEDLY worked for Phaedra.”
            : )

          • Bad Barbie

            And that is too many people saying the same thing about this crook.

          • Stacy Slotnick

            I definitely think you make a valid point, and one echoed by Angela’s legal counsel in the motion. Specifically, the motion points to at least four people involved in the fraud scheme.

        • Tami

          Apollo’s case is still under seal with the notation that it is still under investigation and other co-conspirators may be named so it’s not over. If try to download that case from PACER it says under seal.

          • MidwestMiddie

            While the case may still be being investigated, I think Phaedra’s
            part has been settled by now. However, I wonder if Cynthia might be
            concerned for her husband, Peter, due to his very close friendship with Apollo?

  • Great blog, Stacy! It’s so nice this site offers an attorney to blog about these complimented legal issues.

    During Phaedra’s last deposition she made many conflicting statements (lies) and her “conflicting statements ” were pointed out by Stanton’s attorneys. Could Phaedra be held legally accountable for thwarting the legal process especially since she’s an officer of the court?

    • Bad Barbie

      I would hope so! She is making a true mockery of the same system she pledged to serve. What a joke!

      Her deposition was a true insult. SMH I can’t believe people still believe Fraukedra.

    • Stacy Slotnick

      Thanks Seusseroo Loving Heart! I am delighted to hear you enjoyed the blog and found it informative!

      If a witness wants to argue with you over trivial issues or is clearly evading your questions, I have learned not to get frustrated because remember that someone else will be reading the transcript or watching the video and they won’t react kindly to a sparring, difficult witness. Judges and juries can spot an evasive and incomplete answer from a mile away.

      Phaedra could be held in contempt of a court Order dated 10/10/14 if she indeed did not comply with Judge Brown’s order to answer fully regarding non-privileged issues relating to Apollo Nida’s crimes.

  • Bad Barbie

    Yes and Yes.

  • Tami

    Stacy is there a chance that Phaedra will be disbarred if she is sanctioned? Angela previously filed a complaint against Phaedra with the State Bar of GA. Also the contents of Phaedra’s second deposition have not been made public and there could be something incriminating there. Do you think the fact the judge had to force Phaedra by consent order twice to be deposed weigh into the sanctions and her disregard for the legal system.

    • Stacy Slotnick

      These are great questions, Tami. Take a look at The Four Stages of a Bar Proceeding in Georgia here: http://www.warrenhindslaw.com/Practice-Areas/Bar-Complaints.shtml Something like sanctions for filing a frivolous lawsuit would not give rise to disbarment. Taken together, things like sanctions and bearing false witness or lying under oath could result in disciplinary action. Now, if Phaedra engaged in criminal activity with Apollo, that most definitely could serve as a ground for disbarment.

      • Norrth

        Phaedra claimed, if I remember that she didn’t know Angela’s family or her children but was pictured holding Angela’s kids and pictured with her mother. I think (not sure) she later said yes she knew her but only as the girlfriend of a client. Is that enough to classify her testimony as a false witness?

        • Stacy Slotnick

          Exactly. Paragraphs 5 through 10 evidence the “close friend” relationship that developed between Angela and Phaedra. In paragraph 50, Defendant’s motion to dismiss makes it unmistakably clear that Phaedra and Angela chatted as friends and business partners, “not a conversation between an attorney and her client.”

        • Bad Barbie

          How about she is the Godmother of one of the kids. LOL

    • Bad Barbie

      Had Phaedra been a federal agent, she would have been fired or suspended just for being in the mix of all this scandal. Not that is part of the code of conduct but she should have been disbarred by now.

  • It amazes me how some people are unaware by Phaedra’s alleged background as a criminal mastermind.

    • Stacy Slotnick

      That is precisely the picture Defendant and her attorney James Radford paint in the motion for summary judgment. Paragraphs 14 through 50 explain fully the fraud scheme. The problem is, if Phaedra engaged in criminal behavior, why didn’t authorities and the prosecutor pursue a criminal case against her?

      • MidwestMiddie

        BINGO!!!!

      • WestCoastFeed

        I haven’t read Angela’s book or, because of my hearing impairment, tried to watch Angela’s video. Does she offer any solid evidence of Phaedra’s involvement in those crimes? Was there anything there that the police could have used to prosecute Phaedra.

        • Stacy Slotnick

          That’s an excellent question. The largest indicator of Phaedra’s involvement in the scheme is her refusal to answer questions and Angela’s statements under oath.

      • Personally, I have long felt Phaedra is a secret government informant. You don’t have to respond to this, it’s my personal opinion.

        • Rochelle Barozzi

          I tend to agree. Someone is warning her.

        • Marsbars09

          Wow. I don’t think you’ve ever shared that with any of this.
          Do you think Fake is an informant in order to cover her hide?

          • IMO…I think she’s a government informant because she’s just that shysty, evil and calculated. The type of person that leads you to the water (crimes), drinks with you then rats you out to save herself.

        • Bad Barbie

          #PLONK!!!!!!!!!!!!!!!!

      • Norrth

        Some are assuming that Apollo took the fall, then, as well as now. If Stanton claims to have evidence, is it too late for the feds to re-open that file? Do you think there would be any interest in doing so even if it’s not too late?

        • Stacy Slotnick

          If Stanton had evidence, it would surprise me that authorities opted not to go after her. Certainly it could be an ongoing investigation, but no arrest, no charges, it seems likely they have nothing corroborating Angela’s testimony. Phaedra just looks guilty in refusing to answer questions and not sit down for a Court-Ordered deposition.

          • Norrth

            I didn’t know you could refuse! Do you think they are giving her time to come to her senses or is she in real trouble if she doesn’t answer the questions? She can’t refuse, can she?

        • Stacy Slotnick

          What is your take on the fact that no charges have been filed yet against Phaedra regarding a fraud scheme?

          • Norrth

            The feds took years to build their case against the Giudices and got lucky when they filed the phony tax returns. I wonder if they have been following her for some time, now. Stanton may be the equivalent of the “phony tax returns” for Phaedra.

          • Stacy Slotnick

            That is a likely scenario. I wonder too, whether the authorities have spoken to the four witnesses who corroborated Angela’s statements. Maybe the prosecutor thinks he/she needs more that witness statements, like a money trail or recorded conversations between Phaedra and the “famous four.”

          • Bad Barbie

            Is that what happened? I thought them filing for bankruptcy and withdrawing it raised the flag with the feds, not tax returns.

      • Norrth

        Oh wow! Reading those paragraphs, I wonder if those checks made out to “Tyra Evans” are in Phaedra or Apollo’s handwriting.

        • Stacy Slotnick

          That’s an excellent point. The authorities need some independent evidentiary corroboration, like handwriting on fraudulent checks, that Phaedra was involved in the scheme. But I think Phaedra was too smart to use her own hand to make any marks (or place fingerprints) on those checks.

          • misstc

            That’s the problem I have with people who call out the Lord’s name all the time while scheming to cheat. My husband & I lost a lot of money 15 years ago to a guy who always used the Lord’s name while lying to us for work we did & shame on us for not trusting him. Ah…..he walked away owing us both a month’s worth of salary. Special place in hell for people like that; I’m sure there’s a warm spot reserved for Phakra.

          • Stacy Slotnick

            That is awful, and I am truly sorry to hear of the loss you suffered. I think Stanton and her attorney are attempting to show that Phaedra is a fraud through the use of these witnesses like Regina Matthews. It is their mission to expose Phaedra.

          • Bad Barbie

            Fraudra even uses the dead for her scheming ways…

      • Thanks Stacy.

        • Stacy Slotnick

          Anytime Suesseroo Loving Heart!

    • Marsbars09

      Hi Doc! Worse yet, people still swear TO THIS DAY that Fake is 100% innocent, regardless of the evidence that proves otherwise. They are blind to what Fake is really capable of.

      • Hey Marsie! Same thing with the Giudices….that BLIND loyalty is a scary thing.

        • Bad Barbie

          Nah. F that! The Giudices are def crooks but they are uneducated and ignorant fools. Fraudra is an attorney there is no excuse for this thug in a cocktail dress.

    • Bad Barbie

      I’ve been saying this ish for a very long long time and posters have insulted me and called me names for it. Some are even here on this board. LOL

      I have also said time after time that it was very suspect that she went after wanting to run a funeral home which is the mecca of identity theft. Was she setting up their next come up and Apollo ruined it by rolling with Gayle and her ratting him out?

  • Norrth

    Hi Stacy. Can the judge require the publishing company to reveal which facts they investigated and how they proved the facts to be accurate? Do you think the Feds will begin looking into this? There has been some assumption that he took the full charge to stop Phaedra from being investigated but won’t the feds go after her, anyway, if new evidence comes up about the old charges?

    • Shelly Jones

      Great question.

    • Stacy Slotnick

      Absolutely. The judge could issue an Order so that Augustus reveals the facts they investigated and their conclusions/findings. Courts may also allow media to offer evidence that supports a confidential source’s credibility without revealing its identity. It would be my guess, based on the gargantuan publicity of Apollo’s case, that the Feds have looked into this but there is always the possibility that now they will want to unearth everything that Augustus Publishing has on Phaedra.

      • WestCoastFeed

        Is there a statute of limitations in Georgia for this old case of Angela’s and Apollo’s? Is it now too late even if some evidence turns up implicating Phaedra?

    • Tami

      You’re right Norrth. Apollo gave interviews stating that he was the fall guy.

    • Also, do you recall Gayla St. Julien wrote bloggers a letter from prison and in the letter Gayla stated Phaedra knew about the scam but Gayla felt bad for her kids thats why she’s not talking.

  • I find it ironic that Phaedra’s legal counsel abruptly quit. Could they have uncovered evidence that corroborates the defendants’ case?

    • Norrth

      Those checks! I’m sure banks keep those records for decades! Whose handwriting will be found on the checks to “Tyra Evans”?

    • Stacy Slotnick

      In the court filings, I noticed too that Phaedra’s counsel was substituted. There are several reasons why an attorney may decide to quit a case, including unethical attorney problems, client financial problems, or conflict-of-interest problems. It is possible her former attorney found that he could not adequately represent her anymore if he uncovered some materials that implicated her in a crime.

      • BuckJohnson

        Your exactly right, her attorney quit because they did find stuff and they know that she is trying to push that rock up a very large hill. Also remember Stanton could sue Phaedra after it’s done because her legal actions which where false.

        • Tami

          Phaedra’s attorneys quit right after Apollo was arrested back in September 2013.

        • Stacy Slotnick

          Stanton is definitely going after Phaedra for sanctions deemed appropriate by the Court and attorney’s fees.

      • MidwestMiddie

        This isn’t Angela’s first attorney for this case.
        Her previous attorney stopped representing her in this matter back
        in July, 2013. He stated he disagreed with the way Angela was
        handling everything.

      • MidwestMiddie

        In Georgia, does a Judge have to approve an attorney dropping a client
        when a case has already been filed?
        Also, most of your comment is filled with unbecoming reasons for a lawyer to
        withdraw representing someone when surely that is not always the case.
        Example – Angela’s first lawyer in this matter left her.

        • misstc

          Any chance Parks & Nida LEANED on Stanton’s lawyer to drop her as a client?

          • MidwestMiddie

            I doubt they played any part in this matter.

        • Stacy Slotnick

          According to Georgia’s rules, when an attorney has already filed an entry of appearance and the client wishes to substitute counsel, the former attorney may file with the clerk of court a notice of substitution of counsel signed by the party and the former attorney. A copy of the notice shall be served on the substitute counsel, opposing counsel or party if unrepresented, and the assigned judge. No other or further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case.

          • MidwestMiddie

            Thanks!

          • Stacy Slotnick

            You are welcome. Keep in mind that an attorney may withdraw from a case only for valid reasons, and only if it is shown that the client’s interests won’t be adversely effected. Valid reasons include, but are not limited to, conflicts of interest, differing case strategies between the client and attorney, and a client’s failure to cooperate, communicate, or fulfill obligations.

        • charma

          You’re trying to hard to spin this in Phaedra’s favor.

          • MidwestMiddie

            I’ve given my impressions and opinions about this case.
            No Exertion! No Spinning!!!
            : )

    • MidwestMiddie

      Did you consider it ironic when Angela’s lawyer quit representing
      her in this case back in July, 2013?

      • No but I did find it astounding when James Radford…one of Atlanta’s….hell I say in the country TOP lawyers picked up her case. Her current legal team has won millions in MAJOR lawsuits. James Radford can pick and choose his clients so for him to take Angela’s case speaks VOLUMES!

        • MidwestMiddie

          I’m sure Mr. Radford is a fine lawyer. He specializes in Civil Rights
          and Employment Litigation. Where did you read about the $$$$$
          he and his legal team won in “MAJOR” cases? He’s certainly not
          bragging about any such wins.
          On his website he lists his firm’s “Cases in the News” –
          – Hazing at a Small GA College
          – Class Action – Deaf Services – Deaf Discrimination Lawsuit
          – Representing Student Council President – First Amendment
          Litigation against Fulton County School District
          – Muslim Student Subjected to Harassment by a College Professor
          – Chief of Police Fired for Refusing to Arrest Mayor’s Political
          Opponents

          • Here you go…the numbers speak for itself:

            $4.8 Million Judgment for Fulton County Employees

            Unanimous Victory at Georgia Supreme Court for Wrongfully Terminated City Employees

            $280,000 Settlement for Georgia State Ethics Commission Whistleblower

            $226,658 Judgment In Sex Discrimination Trial

            Historic judgment for deaf Georgians in class-action suit under Americans with Disabilities Act (ADA)

            $250,000 Settlement for City Whistleblowers

          • MidwestMiddie

            Thanks.
            While nice wins ………most are modest, which could almost make
            one wonder if Angela’s case was taken on for public relations.
            I doubt it but you can see how easy it is to presume motivations
            when we really have no idea what the truth really is.
            : )

          • Sorry, I beg to differ that $4.8 MILLION is a modest judgement. Especially since he went up against a government entity. Those cases are EXTREMELY hard to prove/win.

          • MidwestMiddie

            I never said the $4.8 million is a modest judgment…….the others listed are modest.
            Again – Mr. Redford seems like a fine attorney and his firm has an excellent reputation. There isn’t any need to inflate his reputation by
            claiming he is probably one of the country’s best lawyers and his firm has won MILLIONS in major lawsuits……….. One thing is for certain –
            Angela is fortunate to have him representing her.

          • Same argument can be said for you trying to DEFLATE his accomplishments. It works both ways. In my opinion, I stated he could be one of the countries best attorneys. And collectively, the tally of his judgements are in the millions.

          • MidwestMiddie

            LOL
            If you say so……………………

          • At least you can laugh about it. LOL! 🙂

            Have a good night MidwestMiddle.

          • MidwestMiddie

            Same to you……
            Enjoy the evening.
            : )

          • More measurable results from Radford:

            WE ACHIEVE EXTRAORDINARY RESULTS FOR OUR CLIENTS.
            In this video, James Radford argues the wrongful termination case of Owens v. City of Greenville to the Georgia Supreme Court. We achieved a unanimous 9-0 victory for our clients. This is the sort of extraordinary result our clients expect.

          • Bad Barbie

            A lot of settlements are public info.

  • Rochelle Barozzi

    Great work as always Angela. Yes, Phea in fact believe she is above the law. She thinks she has power and “people.” As we have already see by AATT proof that even the “Pastor” who “blessed” her home is a felon. These are who she has as friends. I believe Stanton in what she has stated as to what I have read. I have not read her book, but from what I have read in other places and here? Yes, she was involved. If Phea does not do as she is now instructed, she will loose her case. And hopefully be sanctioned by the Bar. But…I’m not holding my breath.

    • Stacy Slotnick

      Thanks for your comments, Rochelle! Do you think the judge will rule on April 20 in favor of Angela even though, as you opine, Phaedra believes she is above the law? Will she get a rude awakening or will Phaedra continue to delay the process?

      • Rochelle Barozzi

        In all honesty, I think Phaedra will do everything she can with the system to delay it as long as she possibly can. It is going to take her a while to work on her script of what she can say that will not incriminate her. She knows the system inside and out and will play it well. 😀

        • Stacy Slotnick

          Hey Rochelle! The court system is bursting at the seams as it is, and this can only make things significantly worse from everyone’s perspective when multiple delays and adjournments become par for the course. Perhaps Phaedra is trying to wait it out and prolong litigation for as long as possible so that Angela, if she doesn’t have unlimited resources, bows out? I just don’t believe that purported plan will work.

          • MiaSara

            I think she’s stalling until the reunion is filmed. That hustler is all about appearances and she knows Kenya is lying in wait to nail her to a cross. The less attention the better for her.

          • Stacy Slotnick

            A judge will not take kindly to any insinuation that Phaedra is waiting for a television show to air before pursuing her lawsuit against Angela. That alone could illustrate the frivolous nature of a defamation claim, and one is barred from filing a lawsuit that lacks substantial justification or is instituted to delay or harass another.

            Under Georgia law, a frivolous claim or defense includes, but is not limited to:

            (A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” as defined in O.C.G.A. § 51-7-80;

            (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and

            (C) A claim, defense, or other position that was interposed for delay or harassment.

          • Rochelle Barozzi

            I don’t either Stacy but Phea has already shown that she cares not for the system and will play it as long as she can.

          • Stacy Slotnick

            You make a very valid point.

    • Marsbars09

      I didn’t know the pastor that performed the exorcism was a felon! You know, Fake proclaims that she’s innocent from Apollo’s crimes, but it’s getting harder to believe when she constantly associates herself with criminal lowlifes.

      • Rochelle Barozzi

        Hi Marsbars!! How are ya doing?? Yep, AATT broke the story, it is here somewhere 😀

      • MidwestMiddie

        This whole exorcism stuff isn’t my thing. We don’t know if Phaedra
        knew this guy had a record. He actually has a “church” – The Sanctuary. The website gives the location as Smyrna, GA.
        Also, he was arrested for attempting to buy drugs. Was it marijuana?
        I know a RC priest arrested for attempting to buy marijuana. : )

        • The exorcism preacher man was trying to buy crack cocaine and it wasn’t once (he has a history). The coincidence of the preacher being a felon and Phaedra is too coincidental of an occurrence to dismiss. Especially considering her sketchy background.

          • MidwestMiddie

            Thanks – couldn’t find any information online regarding what
            drug(s) he attempted to purchase.
            We still don’t know if Phaedra knew about this man’s arrest record.
            I doubt he advertised it.
            I, also, can’t help but think about how many RC priests kept their
            criminal behavior hidden from their congregations.

    • Hi Rochelle! One felon is cleaning the sins of another felon….go figure!

      • Rochelle Barozzi

        Hey Suessyroo! Right??? Bad to the bone this one is.

    • Bad Barbie

      SAY WHAT??!!

  • Marsbars09

    I’m not a betting person, but I bet Fake is going to withdraw the lawsuit rather than answer questions from Angela’s attorney. I don’t think Fake wants to perjure herself trying to evade questions from Angela’s attorney.
    I don’t know if anyone noticed this, but when Fake and Kandi were talking about their friendship in Fake’s office she had a cold stone stare on her face. She was void of emotion or concern. It was as if she was disconnected or had no affect. I never seen her look like that before. I wonder if Angela, Jessica Volker, and Apollo have all seen that look on Phaedra.

    • Sunny

      I bet you’re right about Phaedra withdrawing the lawsuit.

    • Stacy Slotnick

      I agree. The shrewd, smart move is for Phaedra to withdraw the lawsuit with prejudice. I do not understand why — if she had nothing to hide — she would not appear at a deposition and/or fully comply with the questions posed.

      You are very astute to pick up on body language cues. Many people overlook the glazed, emotionless attitude of criminals, and that is a mistake. Much can be gleaned from a person’s emotional reactions. Many sociopaths display shallow emotions; lack empathy, guilt, or remorse; are pathological liars; and manipulate others, which is exactly the allegation being lodged here by Angela.

      • MidwestMiddie

        Stacy, have you watched the people on Bravo’s
        Real Housewives Shows? Have you seen Mama Joyce? Raging Ramona?
        Nasty NeNe? The Giudices and most every cast member?
        LOL

        • Stacy Slotnick

          The cast member examples you hone in on are the extroverts at the complete other end of the psychological spectrum from sociopaths. Thank goodness Bravo casts all kinds of personalities! What would we have to talk about if major personality clashes did not occur?

          • MidwestMiddie

            True – I named some of the loudest crazies from Bravo.
            However, Mama Joyce, imo, isn’t an extrovert, even though
            she can be loud and obnoxious. The woman has no conscience whatsoever and her facial expressions are cold and evil. Phaedra has never looked that way. Kenya? Possibly …….. lol

          • Stacy Slotnick

            But I think the idea is to cast characters, meaning, people who have personalities and those who lack a conscience because both types are the ones who get into trouble — double trouble.

          • MidwestMiddie

            I agree. Initially Bravo promised viewers shows about glamorous people but Bravo ended up showcasing felons and freaks.

          • Stacy Slotnick

            I completely understand what you are saying. In fact, your thoughts about glamour couldn’t be more timely. Wendy Williams reported yesterday in sentiments echoed wide and far, that RHONJ is heading in a more “glamorous” direction by attempting to recast the show and include businesswomen and Tiki Barber’s wife. Bravo wants to mirror RHOBH, which is arguably the most glamorous of the franchises. There are many female CEOs who live in Franklin Lakes and commute to NYC. Let’s hope they find a smart and highly fabulous new cast.

            Lawsuits do not discriminate against age, race, gender, social status, sexual orientation, or religion, thus, the women of Bravo (and their husbands) are oftentimes at the center of legal drama and that will not change regardless of their wealth or education.

    • Bad Barbie

      And Gayle St. Julien… the person that was running like Bonnie and Clyde with Apollo and ratted him out to the feds this time around. BTW, that was the person in LA with Apollo but he said he was there trying to plug with Kenya. Gayle admitted to this on an interview done by a well known tea-spiller in ATL.

  • Sunny

    This was a very good, informative and important blog. Thanks for the update.

    • Stacy Slotnick

      Thank you, Sunny! We are delighted you enjoyed the blog. Did it change your perspective about the defamation case and/or Phaedra’s claims that she was not involved in a fraud scheme with Apollo and Angela?

      • Sunny

        Since I’m much more inclined to believe Angela Stanton than Phaedra Parks, this only served to cement my opinion even more. Again, an excellent blog!

        • Stacy Slotnick

          We appreciate very much the superb feedback.

          Like you, after I read the motion for summary judgment and exhibits filed by the Defendant, I was more inclined to believe Angela. Her claims are supported by four other people who have sworn in affidavit form that they were witnesses/participated in a fraud scheme between Angela and Phaedra.

          I look forward to conversing with you again soon on the next law blog, Sunny! Thanks again for joining us in this discussion!

  • cait

    I’ll say it yet again ! Apollo was a 15/17 yr old hustler when Phakra took him on board, and soon got him promoted to 18 yrs at Club Fed When he got out, she was waiting for him, with an inflatable mattress strapped to her back ! She signed him up as a sperm donor, and possible/probable accomplice in a very convoluted criminal enterprise ! Once she got said sperm and proceeds of crime, she then had no further use for him !

    • Tami

      No lies told! Your assessment is spot on point.

      • cait

        Thanks, Tami ! His story makes me so angry, that a grown-ass, professional woman chased this kid down a highway (they both said this) to hook up with him ! He hadn’t the brains of a baked bean, so was hardly mastermind material !

        • honeybunny

          You have a point. It seems Phae has a type….young or uneducated or both

        • Bad Barbie

          What pisses me off is that she still practicing law.

          • Stacy Slotnick

            James Radford (Angela’s attorney) directed the Court in the motion for summary judgment to the very issue of “Phaedra, as an officer of the Court should know better.” Specifically, the motion maintains, “Parks brought this lawsuit, and she must now play by the rules.” “Parks has displayed a clear disregard for the rules of this Court….and her contempt for these rules are made even more egregious due to the fact that she is a duly licensed Georgia attorney and officer of the Court.”

    • honeybunny

      I’m starting to think maybe that’s why she dumped Kandi. Kandi may have been a good connection for phakey to atlantas a-listers.

      • MiaSara

        I think the fall out is due to Phaedra habit of treating people as chess pieces in her life. Now that Apollo is gone she needs something interesting happening in her life to ensure her return to the show. She never really cared about Kandi or anyone for that matter it seems. She is a cold hearted sociopath and a crook.

    • Stacy Slotnick

      That is pretty much what Angela has alleged. She painstakingly went through the timeline of Apollo and Phaedra meeting in her motion for summary judgment and detailed the scheme which was supported by four affidavits/declarations from other witnesses.

      • Bad Barbie

        Gayle St. Julie said the same exact story about Phaedra and Apollo. She is the co-defendant in this last case that he is serving time for.

  • honeybunny

    Why do you think Bravo won’t include this as part of Phake’s story on Rhoa? They aired apollos and peters legal problems as well as sheree. Is bravo protecting phaedra?

    • MidwestMiddie

      Maybe Bravo is finally protecting its viewers. Ha! Not Likely!!
      I’m tired of bankruptcies, arrests, court dates, prison sentencing, etc., plus
      backstabbing, vulgar language, wine tossing, slapping, ugly fashions, hair and make-up and phoniness all around.
      This isn’t what the Real Housewives Shows were supposed to be about. We’ve
      been scammed by Bravo.

    • Stacy Slotnick

      There may be a slight chance Bravo is cooperating with authorities by handing over recordings and other evidence if indeed there is an ongoing investigation against Phaedra. As such, they would have been instructed not to address the matter.

      There is also a likely scenario that there is no there there, meaning maybe there isn’t an investigation and Phaedra hasn’t done anything wrong but Bravo has elected to protect its star player and/or Phaedra has in her contract that she will not discuss the civil matter against Stanton onscreen. What do you think about those possibilities?

      • MiaSara

        A lot of people aren’t aware that Phaedra actually helped Andy Cohen with HIS career when she convinced Bobby Brown and the late Whitney Houston to do their reality show for the then fledgling network. Andy could be protecting Phaedra out of loyalty.
        Kenya Moore actually had Angela in her dressing room during the taping of the reunion, in hopes of bringing her out to confront Phaedra but Andy would not allow it.

        • Interesting….thanks for the tea MiaSara.

        • honeybunny

          well that explains a lot!! thanks for sharing that tea

        • Stacy Slotnick

          Thank you, MiaSara, for the HUGE scoop. That piece of the puzzle (Phaedra-Brown-Houston connection) makes absolute sense. The only thing is, it has been nearly a decade since that reality show aired. Do you think Andy still feels like he owes Phaedra for putting together that deal? I would think Andy is more concerned with today’s headlines and capitalizing on this developing legal story. What do you think?

          • MiaSara

            I don’t think he feels he owes her, after all Andy is a shrewd businessman at the end of the day, however I do think Andy has a sense of loyalty to her, because she sort of helped him gain his footing at Bravo. I just don’t see any other reason why just abt everyone has had their skeletons tossed from their closets but not Phaedra. Phaedra has never been indispensable the way Nene is so why else would he guard her secrets so fiercely?
            Unless she has some dirt on him, lol!

          • Stacy Slotnick

            You make excellent points, MiaSara. The twisty web of allegiances and betrayals are deep and real.

      • Bad Barbie

        Hmmm… Bravo knows all about the Laurita’s and Manzo’s who also have dirty dealings and it never gets any attention on the show. They play preference and know who to mess with. The Manzo’s are heavily connected to politicians in NJ.

        • Stacy Slotnick

          One would think Bravo would follow the money, namely, which storylines are explosive and revealing, but your point is well taken.

          • Bad Barbie

            Music may stop when it involves gov officials… or even ex gov officials/cons like Bernard Kerik,

  • RoundAbout

    I had been hoping that you’d be doing a blog soon and I was so thrilled to find this I had to read it three times.

    I think Phaedra originally filed her suit hoping to intimidate Ms Stanton into dropping her book and ceasing all interviews on that topic but it didn’t quite work out that way. Apollo being arrested and sentenced in the meantime has thrown Phaedra another curveball and I think she’s scrambling to figure out how to crawl out from under all this and keep her halo shining bright.

    The civil part of this may all be dismissed but Phaedra will still not be able to rest easy. This is the South, where things do move a little slower, including the Feds. I’m not too far from the Atlanta area and the investigations always move extremely slow but all I’s are dotted as well as all T’s are crossed. If Phaedra is indeed Apollo’s mastermind, they will get her and she will get a vacation at one of the Club Fed facilities.

    • Stacy Slotnick

      I am delighted to hear you were very pleased to find a blog on this topic. (Anytime there is a legal issue you want us to cover in-depth, do not hesitate to reach out to us.) Bravo to you for reading it several times to glean all the meaning you possibly could from the legal story at hand. Posters like you are treasures. We applaud you for your insightful thoughts and we are eternally grateful for the support.

      On to the legal melodrama that has unfolded in Parks v. Stanton. It is entirely possible Phaedra instituted a legal action to intimidate Angela and/or filed the complaint as a PR move to show that she did not do the things Angela claimed she partook in. The problem is step 2 in litigation necessarily involves discovery. Filing a complaint is one thing but opening yourself up to interrogatories, depositions, and other evidentiary tools the other side has at its disposal is far more intimate and complex that filing a complaint. If Phaedra’s opposition papers are unable to combat meaningfully Angela’s motion for summary judgment, then Phaedra is sunk on her defamation claim since she failed to produce evidence supporting her claim.

      Thank you so much, RoundAbout, for sharing your knowledge about the Atlanta area and how the authorities there tend to move at a snail’s pace. Indeed they may be collecting evidence and building their case, I just am not entirely sure why, if they have Angela’s statements as well as the four others, it has taken over a decade (Angela was arrested in 2001) to move in.

      • RoundAbout

        I love all your columns. When I was in college and immediately following graduation, I worked for two brothers who were criminal attorneys and had a commercial real estate/construction enterprise on the side. My cousin was paralegal for the older brother and she recommended me for the job with them. My mother and her family always thought I should have pursued the law as a profession but I was leaning in other directions. I did learn tons while in their employ and I must say the knowledge has come in very handy in the intervening years.

        Your writing style is very similar to the younger brother’s, whom I worked with more closely. He continuously pushed me to let him pay for law school or at least send me to training to become a paralegal, but I kept holding back.The older brother kept telling me that while I would make an excellent attorney, I was too intent on asking “What if?” and “Why not?” He said he knew the law would not give me the answers I was really seeking and he was correct. I like digging through various legal issues and cases as a hobby, but if I had to do it as a career, I would have grown to dread the work. I do salute you for your success in the field and if I ever need an attorney in your area, I’ll be searching the Yellow Pages for your listing!

        • Stacy Slotnick

          Thank you so much for sharing this personal anecdote. You clearly have law in your blood. It humbles me to know that you thoroughly enjoy reading my columns, especially since you have an aptitude for legal matters. I think it is natural to question our life choices and ask, “What if?” It seems to me that you hit the nail on the head when you remarked that you might not have gotten the answers you desired if you practiced law or had a career as a paralegal. There are still many law-related fields that perhaps you could partake in, from police investigation work to court reporting and even legal marketing jobs. I wish you only the best and look forward to connecting again very soon!

  • WestCoastFeed

    Thanks again, Stacy, for addressing this issue.
    I think what puzzles me the most is why Phaedra is handling this suit by continuing to stonewall. What does she have to gain this way? Wouldn’t it be smarter of her to try to withdraw her original lawsuit? What would she lose if she did that? Is she now in a kind of lose/lose situation?

    • Stacy Slotnick

      Great questions!

      I agree that it is nonsensical to pursue a meritless lawsuit, which means either that A) Phaedra’s lawsuit has merit; or B) She hoped to clear her name by filing a complaint against Angela in an effort to have Angela quickly retract her statements. The only problem with Plan B is that because Phaedra didn’t sue the publisher, Angela’s retracting her statements becomes inconsequential as the accusations about Phaedra engaging in a check fraud scheme are still printed in black and white.

      As far as being evasive or providing incomplete answers at her deposition, which is how the judge described Phaedra’s prior deposition answers in the 10/10/14 Order, an attorney should know better. Moreover, Phaedra filed the lawsuit! It behooves her to answer questions because according to her complaint, she has made out a prima facie case for defamation. The entire scenario of being recalcitrant at a deposition in a civil case the evasive witness filed is illogical. When witnesses become evasive or insulting, it is simply better for opposing counsel to adjourn the deposition and file a motion to compel.

      Withdrawing the lawsuit could potentially allow Phaedra to escape harsh sanctions and attorney’s fees but since she has filed opposition papers I doubt she will go that route.

      Why do you think Phaedra has handled the defamation lawsuit this way?

      • WestCoastFeed

        Her actions leave me completely flummoxed. James Radford has made it very clear that he is not going to fold his cards. I think it’s time for Phaedra to withdraw.

        • Stacy Slotnick

          That is appropriate legal advice. Because Phaedra refused to sit for her deposition, she has failed to produce even the most basic evidence to support her claim. Moreover, calling into question an attorney’s evasive or incomplete deposition answers in a motion shows that Radford is not afraid to go after a member of the bar, who is held to a higher standard whether it is implicit or explicit, by judges.

          • Tami

            Stacy, if Phaedra withdraws now, how does that make her look though? She seems to be intentionally evading her deposition and putting forth any evidence to prove her case. If she withdraws doesn’t it make her look as if she is hiding something? She should have withdrawn right after Apollo was arrested. James Radford is surely going to go after her for sanctions.

          • Stacy Slotnick

            If I were counseling her, I would recommend that she withdraw the case with prejudice. Granted, we don’t know her entire side of the story but the reason for that is she refused to testify fully at her deposition; she did not submit evidence to support her claims; and she neglected to publicize her opposition papers in the case. Thus, all we have to go on is Angela’s motion for summary judgment with annexed affidavits, declarations, and deposition transcripts.

            I would tell her, “If you pursue a meritless case, Angela’s attorney is going to come after your license and ask the court to impose sanctions and attorney’s fees. It’s game over. Withdraw the case.”

            An attorney should not be concerned with how a particular legal course of action would look to the public. An attorney simply must provide adequate legal assistance based on the facts of each case. Not withdrawing a case that has no support is more dangerous than withdrawing one, even if negative PR results from the latter course of action. Does that make sense? What do you think?

          • Tami

            Yes. I agree it makes sense to withdraw since she is not proving her case. I really think the timing of Apollo’s situation tied her hands. There is no way she can continue to drag this out without being sanctioned and possibly disbarred. If Phaedra withdraws with prejudice then Angela would be free to promote her book on blogs and other media outlets.

        • Bad Barbie

          And for those that say that Angela is lying…

          What exactly does Angela have to gain other than telling the truth about Phaedra?

      • amy

        I rhoughg she did sue the publisher, Augustine I think was the name? and Vibe? She settled with Vibe and the publisher was dropped eventually. That’s how I remember it I could be wrong

        • Stacy Slotnick

          Precisely. That was the crux of my argument above. Even if Angela retracted her statements, they will live for infinity because they the publisher did not issue a retraction. Stay tuned because there is more to the legal story….

  • honeybunny

    I find it strange that the media was not all over this (or even Apollo’s case) when this all began to happen. There was very little press outside of Apollo’s sentencing. And although we know the next upcoming date for the Parks vs Stanton case, I don’t expect much media coverate. the media was pretty much sitting at Teresa G doorstep waiting on her next move and there are still blogs about her almost every day. Yet this gets very little attention. Thats why I’m glad Stacy posted this.

    • Stacy Slotnick

      Thanks honeybunny for your excellent comments. I am glad you find that we here at AATT are continuing to report on a wide-range of key legal stories because we want to provide a wealth of information and reality TV coverage to readers.

      I think it is critical to question how the mainstream media works and what they chose to report. As someone who pitches news stories to networks on behalf of my clients, I can tell you that there is very little rhyme or reason to which stories are published and told. In this instance, the fact that we have the motion for summary judgment with annexed affidavits and declarations supporting a Phaedra/Apollo/Angela criminal scheme is very significant. One would think it would have been reported on in earnest just as forcefully as the lawsuit Teresa filed for legal malpractice against James Kridel, but alas, it was not. Why do you think there is this obvious disparity?

      It could be argued that Teresa Giudice courted media attention (and was paid for it) far more frequently than Apollo and Phaedra ever did.

      • WestCoastFeed

        While it does seem that Teresa has many more devoted followers than Phaedra does and that Teresa is in truth a convicted felon and Phaedra is not, there is always the unavoidable fact that Teresa is white and Phaedra is not. What other reasons for the tabloids to chose which celebrity to cover?

        • Stacy Slotnick

          Unfortunately you are correct that the media can be ageist and non-color-blind. The View did a fantastic multi-part segment years ago on the reasons why African American victim-crimes are given less play than white-victim crimes.

          • Bad Barbie

            Are given what??????????? Do we not watch the news?

      • Tami

        Phaedra has allegedly “paid off” the ATL urban bloggers so they are not going to report on this. I think this suppression keeps the national spotlight off of her because the TMZs, etc. feeds off the urban bloggers. Also Angela Stanton has not been able to give interviews or promote her book at all so this keeps the attention off the case. Phaedra receives the “sympathy” vote from so many viewers. She is seen as the Christian, Southern-Belle who is a single mother who was duped by a criminal husband. Those who are not wearing rose colored glasses know this isn’t true.

        • Bad Barbie

          And sent C&D to F Dineva. My glasses are colored reality. LOL

          • Why did she do that? What did Funky Dineva do?

          • Bad Barbie

            Interview with Angela and a call with Gayle. There is also another blogger “Straight from the A” that had said how Mr. President was not Apollo’s kid and that she had a side boo… LONG time ago.

          • Michele aka ATlien loves Phaedra. I’m surprised to hear that because she’s supported Shady Phae for years.

          • amy

            Michelle from straight from the a went to Phaedra’s wedding, I believe it’s in the 2009 archives, favorite did not want the name of her new groom to be named. It’s a hysterical post. I have not seen one bad thing that Michelle wrote about phaedra.

          • Bad Barbie

            Before or after the legal docs came? This is the same that happened to Perez Hilton when he got hit with C&Ds. He started to kiss it.

        • Stacy Slotnick

          Very interesting commentary on pop culture media, and a scary one at that. She definitely has pull considering that Ellen DeGeneres interview she gave back in October. It isn’t altogether clear why Ellen and her producers would want Phaedra to appear.

          • Tami

            I thought the exact same thing until I put myself in Phaedra’s shoes. Of all the talk show hosts Ellen was probably the least knowledgeable to the real tea on Phaedra, Apollo and the Angela Stanton saga. I don’t see Ellen watching RHOA. Why would Phaedra not give the first pass at an interview to Andy on WWHL or Wendy Williams? It’s because those 2, especially Wendy, would have grilled her to no end. Ellen was only going to ask her the “surface” questions. Wendy would have put her on the hot seat and Phaedra would not have been able to BS Wendy.

          • Stacy Slotnick

            I agree with your comments as to why Phaedra opted to go on Ellen. What I wonder is why did Ellen producers extend the invitation to Phaedra to appear on her show? She is certainly not one of the most popular or biggest Bravo-lebrities with a brand.

          • amy

            Andy Cohen.

        • amy

          I heard that also.
          I don’t know why they feel the need to be loyal to Phaedra.

      • amy

        Stacy,
        Can I ask you why you decided to focus on a filing that was filed in 2014 and not a recent filing such as the one for sanctions? Please do not think I am being rude because I am not. If I sound defensive it’s because I am that has nothing to do with this site.

        I also heard Phaedra paid the urban blogs off with the exception of Sandra Rose.

        • Stacy Slotnick

          The 2014 summary judgment motion filing came to our attention recently. Moreover, the reason said motion is highly relevant and timely is because the motion is being heard for the first time in approximately a month by Judge Carla E. Brown. Too, a filing for sanctions is not altogether indicative of anything separate and apart from the motion that lays bare why sanctions are appropriate, as the 2/24/14 motion did. I hope that answers your question, and please never hesitate to pose a query for substance or clarification issues. Thank you!

          • amy

            I just realized you are an attorney.
            Sorry, I literally had to close down my old disqus account for asking on another blog why they can’t just post HW Blogs and their snark to the side because they play games and what you to click a hundred different Links. (reality t)

            I asked you this because on Gwinnett County Courthouse website, sorry I can’t upload a screen shot but it says;

            2015-01-16 – MOTION FOR IMPOSITION OF SANCTIONS ATTORNEY FOR DEFENDANT
            2015-02-06 – ATTORNEY NOTICE OF LEAVE ABSENCE ATTORNEY FOR PLAINTIFF
            2015-02-17 – RESPONSE TO MOTION FOR SANCTIONS ATTORNEY FOR PLAINTIFF
            2015-03-12 – ORDER GRANTING MOTION TO FILE PERMISSIVE COUNTERCLAIMS
            2015-03-12 – RULE NISI

            I just wondered why you didn’t get the recent paperwork, that is all.
            Can I ask you “Rule Nisi” is?

          • All About The Tea

            The plan is for Stacy to cover each court filing (sanctions/motions). She’s reporting them in increments. This blog was to bring everyone up to speed. Please be patient and check back with us. Thank you.

          • amy

            I was replying to her comment to me. I didn’t realize the person I was talking to was an attorney. 🙂

          • amy

            That’s nice you have an attorney to blog and give a legal point of view. Changes the pace and tone.
            Have a great day.

          • amy

            Will my comment show on AATT since I replied directly from Disqus?

          • amy

            I guess I really wanted to see the response for sanctions. 🙂

  • Bad Barbie

    Take away that mortuary license too!! I bet my last dollar that her goal was to expand the identity theft &fraud ring using information from dead people.

  • WestCoastFeed

    Stacy, has there been any movement in the Teresa v. James Kridel malpractice lawsuit?

    • Stacy Slotnick

      There have been no new developments in the case insofar as no motion to dismiss or answer has been filed by James Kridel. I will say that there are personal jurisdiction issues as well as service of process matters being sorted out regarding the legal malpractice lawsuit. I am also working on a special assignment related to the case, the contents of which I’ll bring you as soon as they become available.

      • WestCoastFeed

        Thank you for staying on top of this. We’ll be looking forward to your report.

        • Stacy Slotnick

          You are very welcome! There are moves going on behind the scenes regarding service so once that item is out of the way, we can begin in earnest coverage of the next phase of the legal malpractice suit, which includes some unique insight into what I’ve been told by some of the parties involved. 🙂

          • WestCoastFeed

            Ooh! Very interesting!!

  • CoolBreeze15

    Thank you for this!!! I was so here for Peter putting Phaedra’s ugly behind on blast the other night on Instagram, but the ratchets attacked him so badly that he took it down. So EVERYONE on that cast knows about Phaedra’s REAL LIFE drama, not that Southern Belle BS she tries to portray. She might as well just stop that now, because it’s old and it’s beyond not even being cute anymore. Karma trick! I wish Angela well!

    • Stacy Slotnick

      Thank you for your post and comments, CoolBreeze15! We are glad you enjoyed the blog and it seems to be a common thread that people are happy the story/case is finally being covered in detail!

  • CoolBreeze15

    My Thoughts On The RHOA Season 7 Episode 17 & WWHL: https://youtu.be/8SK5rR6OrV4 via @YouTube

    This commentary mentions this blog in the description and the case with Angela Stanton and the Jessica Voker drama. Love it!

  • DoinMe

    Hi @stacyslotnick:disqus ! Great blog. I have been following this case since the beginning and I have a question. I read through 1st Phaedra’s deposition and she seemed to have perjured herself over and over and over again, not to mention her contempt for the Court is unprofessional. At what point can she be charged with perjury or sanctioned for all of these misdeeds? She has been purposely dragging out the case for years and turning her nose up at the Court. When does the judge say “enough is enough?”

    • Stacy Slotnick

      Perjury charges are rare in civil cases but not altogether unheard of. They are seldom filed based on lies in depositions in civil cases. Part of the reason is that someone is almost always lying or telling a half truth in cases where both sides have extremely opposing views of the facts and the evidence.

  • Tami

    Stacy, @TheFoxyJurist, I checked the Gwinnett Court database today and an Order was issued dismissing the counterclaims. Could this mean that Phaedra is about to withdraw?

    • Stacy Slotnick

      Unlikely. Usually to succeed on a motion to dismiss a counterclaim, the moving party must convince the court that nothing the plaintiff [or counterclaimant] can reasonably be expected to prove would help; that the plaintiff [or counterclaimant] just doesn’t have a claim. It would be my guess that the judge denied the Defendant’s motion to dismiss counterclaims, otherwise the hearing date of 4/20/15 would have been stricken or altered. But this is somewhat speculative, and we are working at getting a copy of the 3/17 Order.

      • Tami

        Stacy this case seems to be moving quickly. On 3/18, the judge issued an order denying the motion as to summary judgment and counterclaims. I really hope these latest orders are in favor of Angela. Hopefully you’ll be able to get a copy of the last orders so you can comment.

        • WestCoastFeed

          Thanks for staying on top of this, Tami. And thank you. Stacy, for interpreting these motions for us.

        • Stacy Slotnick

          The big decision comes on or about 4/20 when Judge Brown may decide whether to grant or deny Angela’s motion for summary judgment. But definitely stay tuned because we will bring you the latest in a new blog shortly.

    • Stacy Slotnick

      No. It appears an order denying a motion for summary judgment as to counterclaims would not resolve the matter in part because Stanton filed counterclaims, which operates like a complaint, except that the defendant is now the counterclaim plaintiff.
      The counterclaims here were permissive as you can see from the Gwinnett County website. A counterclaim is “permissive” if it does not arise out of the transaction or occurrence that is the subject matter of the opposing party’s claim. Permissive counterclaims can be made even at the later stage of the suit or in a different suit. Phaedra’s action against Angela sounded in defamation, but Angela’s counterclaim might involve fraud or battery, for example. A permissive counterclaim arises from an event unrelated to the suit of plaintiff.

      I hope you bear in mind the fact that Phaedra — as is shown by her consistent responses to Angela’s filings — has submitted opposition papers. I would not expect her to withdraw the case at this juncture based on the volume of court filings she has made. It is my informed guess that 4/20 or the next date (if the hearing on 4/20 is adjourned) will be telling and we will learn if there is merit to defendant’s motion for summary judgment.

    • Stacy Slotnick

      Good question, by the way. Why do you believe Phaedra will withdraw before the motion for summary judgment is heard on 4/20?

  • Gail

    I believe every words of Stanton. Phadera should be in prison with her husband!