Saturday, August 18, 2007

Promises Treatment Center served with a subpoena today

Britney's Former Rehab Facility Subpoenaed in Custody Fight

While Kevin Federline parties in Vegas, his defense team has struck again, delivering a subpoena to the rehabilitation facility attended by his ex Britney Spears.

According to a source familiar with the proceedings, Promises Treatment Center was served with a subpoena Saturday morning. This is the fourth subpoena doled out by the Federline team in the singer's increasingly high-profile custody battle. (Earlier in the week, Spears's former assistant Shannon Funk, bodyguard Daimon Shippen and pal Alli Sims were all served with legal papers.)

"Kevin and his attorneys Mark Vincent Kaplan and James Simon are on a mission," says the source. "They are pursuing all relevant evidence from every potential source and every available witness."

A spokesperson from Promises refused to comment, saying: "This is a confidential facility and we cannot comment."

The pop star spent a month at Promises and was released on March 21. Her manager at the time said she was "successfully" released.

According to Pepperdine University Law Professor Steven M. Cron, the Federline camp is clearly seeing how Spears took to the Promises stint.

"Strategically I don't think they are concerned with the treatment, but how she responded to that treatment," says Cron. "Specifically, if she participated as she was supposed to. Did she have a positive attitude, did she complete it successfully. Or was she a screw up?"

Source: people.com

Britney's Rehab Center Hit With Subpoena in Custody Battle

Britney Spears might need a magician to stop the torrent of subpoenas in her child custody battle.

On Saturday morning, as cable TV magician Criss Angel was finishing a sleepover at Spears' Beverly Hills mansion, Kevin Federline's attorney served the fourth subpoena in a week to the pop star's intimates when papers were served to a staff member of the Promises Treatment Center in Malibu, where Spears participated in a 28-day substance abuse program earlier this year.

Federline attorney Mark Vincent Kaplan confirms to Usmagazine.com: "An executive administrator from Promises rehab facility was served with a subpoena today."

The unidentified Promises employee joins former Spears assistant Shannon Funk, bodyguard Daimon Shippen and friend Alli Sims as recipients of subpoenas in Federline's effort to unearth evidence proving he should be granted primary custody of their two children. An L.A. family court judge is scheduled to consider evidence discovered from the subpoenaed subjects in mid-September.

Kaplan explained the subpoenas to Us, saying, "Kevin is pursuing relevant information from all relevant sources...There is a significant strategy in place that Kevin is going to pursue whatever he needs to do to protect his kids."

Meanwhile, Federline already appears to be celebrating his legal gamesmanship. He partied into the early hours of Saturday morning at Las Vegas nightclub TAO with a group of friends. “He was slugging down Patron, Jagermeister and Grey Goose right from the bottle, gulping it down as if it were water,” according to an onlooker. “It seemed like he just wanted to get wasted.”

Source: usmagazine.com

...
Sources close to the situation reveal exclusively to PerezHilton.com that the drug treatment facility that Spears spent a month in earlier this year, Promises, has just been served with a subpoena today.

Kevin and his lawyers, Mark Vincent Kaplan and James Simon, are on a mission.

“They are pursing all relevant evidence from every potential source and every available witness, including witnesses who might actually believe they could succeed in becoming unavailable,” a source tells PerezHilton.com.

When Kaplan was asked, he said “They will not succeed.”

Britney’s rehab is just the latest target in the subpoena smackdown. Assistant and “cousin” Alli Sims was recently served, as were former bodyguard Daimon Ship and former assistant Shannon Funk.
...

Source: perezhilton.com

10 comments:

Samantha said...

That was actua;y a very good idea

Anonymous said...

Go Kevin, go!!!

Anonymous said...

Except that Promises is a medical/mental facility and falls under the HIPAA laws.

Not to mention the fact that he signed the custody decree just 3 weeks ago...four months out of rehab

Anonymous said...

^
I also can't imagine her medical records being used in this case due to HIPAA and the fact that she is four months removed.

Anonymous said...

If I was Britney's lawyer I'd question why he signed off on any custody decree after she completed rehab/party hardy faze/ect....if he for a second believed she was in any way unsound prior or following rehab.

Anonymous said...

If she is such a threat to the children why hasn't he filed a motion for emergency full custody until the next hearing?

Anonymous said...

To be fair, the records can be subpoenaed if they were brought up in relation to the case. But, ultimately the judge decides what's relevant and what's not. Promises can go to court and argue the subpoena as violating HIPAA....it is all up to the judge to allow any medical files.

^ Good point....if she is such a risk and is doing all of these things that are harmful to her children...why doesn't he at least file for supervised visits? Who lets their children go to a "person who unnecessarily puts them at risk" unsupervised at the very least?

Anonymous said...

Due to HIPAA and confidentiality of the relationship between patient and rehab center professional staff, I find it hard to believe anything would be admissabale.

However, the fact that a judge actually granted the subpoena is extremely disturbing. This goes beyond the stupidity between those two fools, Britney and Federline.

This has grave implications for anyone seeking professional health care.

Anonymous said...

In non-criminal matters in U.S. Federal courts, the rules of procedure provide (in part):

(3) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney as officer of the court may also issue and sign a subpoena on behalf of
(A) a court in which the attorney is authorized to practice; or
(B) a court for a district in which a deposition or production is compelled by the subpoena, if the deposition or production pertains to an action pending in a court in which the attorney is authorized to practice

Anonymous said...

^^ A judge didn't sign the subpoena....Its a deposition subpoena not a Subpoena Duces Tecum or a Subpoena Ad Testificandum...Although if they want specific copied medical records they'd have to issue a subpoena Duces Tecum (for records) and they still have to get it admitted into court evidence.