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Ontopic Discussion => General Discussion => Topic started by: Ididntcomeback on January 08, 2009, 06:54:10 PM



Title: Lawsuits
Post by: Ididntcomeback on January 08, 2009, 06:54:10 PM
Here is a copy and paste of a news item posted by
Larry Brennan. Larry is the actual guy who made
Scientology into a religion, on Hubbard`s orders.

 
 
New Lawsuit filed re organized scientology's labor violations
 
OK a short time ago I promised that I would be posting about a lawsuit to be filed against organized scientology.

So here goes:

On January 5, 2009 a complaint was filed by attorney Barry Van Sickle on behalf of Marc Headley in the Superior Court of the State of California.

It was filed against the Church of Scientology International and Does 1-20.

It has to do with major labor code violations and other related matters.

Marc Headley and Barry Van Sickle will certainly be taking the lead on this and I would guess would be letting those concerned know how they may be affected by or may help with this matter.

I just wanted to get it out publically that this suit now exists.

I will not mention names but I can tell you that organized scientology IMHO is very worried about this case and has already used major intimidation tactics against others who were going to be part of this initial complaint. People slated to be part of this complaint have withdrawn because of pressure of losing family members still in scientology.

BUT this case will go on and there are others in the works.

While this is nothing more than my opinion, and while organized scientology will IMHO use great intimidation and resources to stop this action, I believe that this is the beginning of the end of one of the great all time abuses of organized scientology. That would be the horrible abuses of their own staff such as forced abortions, horrid child slave labor, beatings by Miscavige and his goons, humiliation, almost uncountable abuses of every major labor law in the country re working conditions, working hours, etc.. etc., etc.

And organized scientology will do their best to hide behind religious cloaking and say the staff are volunteers and/or members of religious orders in an attempt to get around these laws and regulations. I know as 100% fact that those are lies and I truly believe that they will be 100% disproven.

What has been built by lies can be taken down by truth!!

No matter what happens with this first complaint it is my belief that there is so much truth and rightness behind this action that it and/or other such complaints will survive the dirty tricks, abuse, abuse of the courts, horrific lies and such that organized scientology will throw at this and all involved in this to try to prevent it from gaining more members and momentum.

What springs from this could well mark the end of the days where Miscavige and his goons take most of the money from the organizations of scientology while staff and their families starve.

It is my belief that many who read this could help in different ways or even be a part of this. But I am going to leave this to people who know better of such matters such as Marc and his attorney.

I just wanted this information out. I hope this news spreads around the globe to all who have experienced such abuses be they ex scientology kids, ex SO, other ex Staff, just anyone affected so that any of them may now have the chance to become part of ending same.

For great justice may this be the beginning of the end of this area of abuses by David Miscavige and organized scientology no matter how many years it takes for this to happen.

And lastly, I wish to thank Anonymous for helping me post this complaint. Once again Anonymous delivers!

This is all I have to say on this for the time being.

Larry Brennan
 
 http://larrybren.blogspot.com/
 
The lawsuit can be read and or downloaded via the following link.
 
http://forums.whyweprotest.net/123-leaks-legal/new-lawsuit-filed-re-organized-scientologys-labor-violations-35780/#post684166
 


--------------------------------------------------------------------------------


Title: Re: Lawsuits
Post by: rockyslammer on January 08, 2009, 07:39:55 PM
read all about and weep scios

http://www.scribd.com/doc/9856545/Complaint-Filed-1509


Title: Re: Lawsuits
Post by: AnonKiwi on January 08, 2009, 09:44:37 PM
Anonymous is at Cause. How is that possible, Mike and DM?

And Mike, please don't stalk Sydney-anons on the phone any more.


Title: Re: Lawsuits
Post by: OnceBitten on January 09, 2009, 06:00:27 PM
Anonymous is at Cause. How is that possible, Mike and DM?

And Mike, please don't stalk Sydney-anons on the phone any more.

Oh don't be a meanie, Anonkiwi!  It's where he gets his kicks!  He's such a poor sad little man.  He spends his days & nights trying to find out Anons IDs.  It's all he does.  There's no one in the orgs any more and nothing for him to do except try to prove to OSA that he's a true blue scn.  Especially after those foot bullets on the radio broadcast - he'll have some serious amends to do.  Perhaps tracking Anons is a new stat! 

So Mike DO YOU READ ALL EX-SCN ANON'S FOLDERS?    You are a bloody liar!  I have never posted anything about MASTURBATION  on any site at all.  I posted about a pc who EJACULATED.  That was a different time, different pc and different auditing.  The masturbation topic you knew about is in ONLY in my folders, as it is something I had to deal with in Grade 0 or was it Grade 1?  Hmmm communication or problems?  You'd know, because you must have read it.  It was something I had to deal with not to do with someone I audited. 

You MUST HAVE read my folders to know about what you bullbaited me with in the Square.  There is absolutely no doubt about it.  You just knew TOO much.

A word of advice.  If you are going to lie, you can at least learn how to do it convincingly.  Don't take lessons from Tommy Davis btw.  lol.







Title: Re: Lawsuits
Post by: rockyslammer on January 09, 2009, 06:29:07 PM
Lying is a really hard thing to do.  I know I can't do it.  You have to have a really good memory and know everything there is to know about what you are lying about.

Otherwise you get found out - don't you Mickey?

Sadly all scios learn how to lie - but badly!  Lying is a scn sacrament - all scios have to do it.

Tell me I'm wrong!

regards
Martin


Title: Re: Lawsuits
Post by: Libertas on January 09, 2009, 08:59:07 PM
Jeez Mike you sure have pissed off some people this time!  Seems like you have turned it into some sort of sick art form. 

Where will this all end?

What the fucking point of all these lies Mike?  To protect what?  Can you hear the voice of the collective conscience?  It is screaming at you.  Keep turning your head.  Dismiss my words.  Best that you do.  You will feel a tinge of satisfaction as you do it.  Delicious momentary satisfaction. 

There are messages of truth all around you but you chose to ignore them. You chose to take the truth and twist it to bring yourself a tinge of satisfaction. To bring satisfaction to your masters.   But the truth is gonna keep screaming at you and there is not a damn thing you can do about it.  And I ain't talking about Anonymous here.  They are messengers, not the message. 

Stop fucking lying Mike.  You are leaving one fucking heavy foot print in the sand. 


Title: Re: Lawsuits
Post by: rockyslammer on January 10, 2009, 07:53:41 AM

http://realitybasedcommunity.net/archive/2009/01/marc_headley_v_1.php
January 09, 2009

Marc Headley v. Church of Scientology International

A potentially devastating lawsuit [PDF] was filed by Marc Headley in Los Angeles County Court on January 5 against the Church of Scientology International (CSI), alleging that CSI violated California labor law by failing to pay Headley, and others similarly situated, minimum wage or for the overtime he routinely worked as an employee of Golden Era Productions, an unincorporated entity which is chiefly responsible for producing and selling Scientology's promotional videos and materials. Headley estimates that he was paid approximately 39 cents an hour for the time he worked at Golden Era between 1989 to 2005, during which time he sometimes worked 100+ hour, 7 day weeks uncompensated for his overtime.

Headley also alleges that he was forced by Scientology to sign various documents, under duress, acknowledging that he had no rights as an employee, and that he was not given copies of these documents.

Headley's claims are hardly shocking to anyone even vaguely familiar with Scientology, who could tell you that the working conditions for a Scientology staff member are routinely reported to be atrocious by ex-members. What is surprising is that someone has finally seen fit to address it, given the extreme hurdles facing anyone who chooses to sue Scientology.

The complaint anticipates Scientology's likely legal response--in short, that it is a religious organization exempt from ordinary labor laws. The suit's response to this anticipated defense is that religious organizations are not exempt in all instances from labor laws relating to minimum wage and relies heavily on the US Supreme Court case Alamo Found'n v. Secy. of Labor, 471 US 290 (1985) in support of its argument, which I'll now briefly describe below.

The Secretary of Labor brought suit against Tony Alamo's fundamentalist Christian church, alleging that it operated numerous commercial entities and in doing so violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The Alamos operated "service stations, retail clothing and grocery outlets, hog farms, roofing and electrical construction companies, a recordkeeping company, a motel, and companies engaged in the production and distribution of candy," and staffed these businesses with "drug addicts, derelicts, or criminals before their conversion and rehabilitation." The Court found that the Alamos were subject to ordinary labor laws because (1) the church was, under the FLSA (specifically 29 USC sec. 203(s)), "an enterprise engaged in commerce or in the production of goods for commerce"; and (2) its workers were "employees" within the meaning of the Act.

The Court rejected the Alamos' argument that it was not en enterprise within the meaning of the Act because it was a 501(c)(3) tax exempt organization, noting that religious and non-profit organizations are not exempted by FLSA.  The Code of Federal Regulations specifically states that

    "where [religious or non-profit] organizations engage in ordinary commercial activities, such as operating a printing and publishing plant, the business activities will be treated under the Act the same as when they are performed by the ordinary business enterprise."

The Alamos further argued that their church should be exempt because its commercial activities are "infused with a religious purpose," but the Court noted that the lower courts had correctly disposed of this argument too, where it found that the Alamos' "businesses serve the general public in competition with ordinary commercial enterprises," and thus permitting the organization to pay substandard wages would give it an unfair advantage over competitors.

Scientology's Golden Era Productions shares some similarities with the Alamos' commercial enterprises but also some differences. It's not clear whether those differences will lead a court to distinguish Headley's suit from Alamo. It's also not clear whether the fact that Headley is not suing under the FLSA but instead makes an unfair competition claim under California's Business & Professional Code (sec. 17203), and California Labor Law will permit the Court to treat this case differently than similar cases, most/all of which fall under the FLSA (and thus Alamo). From my limited research, there is some interplay between California labor law (which is often described as "complex") and the FLSA. (I presume that the absence of a FLSA claim is indicative of Headley's lawyer's desire to keep the case in California state court as opposed to federal court.)

As to the similarities between Golden Era Productions and Alamo, they both drastically underpaid and overworked their employees while providing them with housing and every other amenity imaginable. However, the individual businesses in Alamo operated in secular spheres--that is, their service stations, retail clothing stores, and motels directly and unfairly competed with corresponding secular entities, for whom the option to underpay its workers did not exist. Scientology will no doubt argue that Golden Era is engaged in promotional activities as opposed to commercial, and there is therefore no risk of unfair competition--it does not compete because it is the only entity that produces in L Ron Hubbard videos, and its adherents the only targeted class, unlike, say, a motel, which would target every demographic.

The response to this, I would think, is to note that the type of work Headley was engaged in at Golden Era--video production--is work also typically performed by secular entities, who otherwise might benefit from being contracted by Scientology for this work, and are thus in fact harmed in an unfair competition sense. The issue is not the content of the business's output or the output's target audience, in other words, but rather the type of business and whether there is a secular analogue capable and available to perform the same work.

This notion has some legal precedent too--In Mitchell v. Pilgrim Holiness Church Corp., 210 F.2d 879 (7th Cir. 1954), a religious organization operated and staffed a printing press, from which it printed "pamphlets, leaflets, magazines and other printed material most of which is of a religious nature," and argued because religious message was not commerce, it should be exempt from the FLSA. The Fifth Circuit concluded that the religious content of the pamphlets was of no consequence, and that "[there is no] intimation that the minimum standard of living as fixed by the Act is not just as necessary to the health and well-being of the defendant's employees as it is to the health and well-being of the employees of any other printing establishment."

Mitchell is almost perfectly analogous to Golden Era, which too is a publisher of religious material utilizing underpaid labor.  California is not bound to follow a federal Fifth Circuit decision, of course, but with so little case law speaking directly to this issue, it seems likely that the Court will at least confront Mitchell, if not be persuaded by it.

On Scientology's side, there is little support in case law for the argument they will inevitably make, should the case proceed to trial. Mitchell has been distinguished but once, by McClure v. The Salvation Army, 460 F.2d 553, 558 (5th Cir.), cert. denied, 409 U.S. 896 (1972).  McClure did not concern minimum wage provisions, however, but was rather a wrongful termination claim brought by a fired a church minister. The Fifth Circuit determined that the minister was not an employee under Title VII of the Civil Rights Act, and further, that finding that the minister was wrongfully terminated would necessitate an impermissible encroachment into the Salvation Army's right to free exercise or religion. McLure was followed by Werft v. Desert Southwest Annual Conf. of United Methodist Church, 377 F.3d 1099, 1100 n.1 (9th Cir. 2004).  The ministerial exception established in McLure was just recently extended to FLSA scenarios by the Seventh Circuit in Schleicher v. Salvation Army, 2007 U.S. Dist. LEXIS 2836 (7th Cir. 2007), but Schleicher concerned the wages of a minister, and thus not an employee under the FLSA.

Alamo has been distinguished many times, but never again in the context of a religious group seeking to evade labor laws, so the penultimate battle at trial will chiefly be over whether to follow or distinguish Alamo, as I describe above.

Before trial, of course, there will be a slew of motions and creative lawyering by Scientology to delay this trial until the end of time. There is undoubtedly the most serious legal challenge they've faced in years and they almost certainly realize it and will act accordingly. One especiallly intriguing pretrial question is whether Scientology will challenge Headley on the basis of the numerous releases and waivers Headley signed. Headley speaks of the releases in his complaint, alleging that they are invalid for lack of consideration and unconscionable, an assertion which is likely correct. Although Headley doesn't include the releases in his complaint, and I thus have no actual knowledge of them, I have reviewed many other Scientology releases and have noted prior occasions their telltale signs--they all inevitably lack consideration and usually contain unconscionable terms. Headley adds that his were signed under duress, an assertion which I have little trouble believing.  Will Scientology actually produce Headley's signed releases as evidence of his relinquishing the right to sue? A loss on this front would be a minor devastation as Scientology has relied on these unconscionable releases for years (and although they've never really been tested, the releases likely "work" in that many ex-members are probably intimidated into not bringing a suit against Scientology because they assume the release is valid; invalid or not, the releases possess a deterrent quality).

I will be keeping a close eye on this lawsuit as it progresses and write about it as time allows.

posted by scott pilutik at January 9, 2009 01:59 AM


Title: Re: Lawsuits
Post by: Ididntcomeback on January 10, 2009, 08:49:30 AM
Good find Rocky.

All I can say to the American justice system is
"remember that Alamo`s ."



Title: Re: Lawsuits
Post by: Ididntcomeback on January 21, 2009, 11:40:56 PM
  Due to the increased visibility of the last case filed and the enormous assistance from persons on this board and others, another case has been filed today and it has incorporated many of the issues that have been raised. All of these issues were fully researched and studied and the ones that proved useful have been included as you can see.

This is the next in a series of lawsuits being filed. This one is for labor code violations, human trafficking, and forced abortions among other things. This case will attempt to make it illegal for CSI or RTC to enforce or coerce abortions in any way.

Thanks for your continued support.

Until next time...
BFG  (blown for good)

To see the thread and read the filing go here...

http://forums.whyweprotest.net/299-marc-headley-v-church-scientology-international/new-lawsuit-filed-against-rtc-csi-jan-20-2009-claire-headley-v-csi-rtc-37106/#post707960


Title: Re: Lawsuits
Post by: rockyslammer on January 22, 2009, 07:42:37 AM
http://www.scribd.com/full/10982088?access_key=key-gvtppo4kv8vyter4skl

Al Capone was brought down by tax evasion and scientology by labour laws.  Way to go.

OK I know there is a long way to go but I know who is pooping his pants!  Why hasn't anyone seen the "leader" for months?  Does "Bulgravia" ring a bell?

regards
Martin



Title: Re: Lawsuits
Post by: rockyslammer on January 25, 2009, 08:54:45 PM
http://realitybasedcommunity.net/archive/2009/01/claire_headley.php
January 25, 2009

Claire Headley v. CSI, RTC

Claire Headley ("Claire"), wife of Marc Headley ("Marc") , who recently filed a lawsuit alleging labor law violations (which I wrote about here), has followed up her husband's lawsuit with a similar lawsuit of her own. Claire's complaint (which I converted to html here--the pdf can be read here) makes allegations similar to those by her husband, namely that Scientology violated California's labor laws in failing to pay her minimum wage and overtime. Claire's complaint largely mirrors her husbands with regard to the labor law claims, which I've already addressed (and concluded that they represent a potentially devastating threat to Scientology's business model), so I'll confine my remarks to the differences between her suit and her husband's suit.

For one thing, Claire's suit adds a significant defendant not present in Marc's suit--Scientology's Religious Technology Center ("RTC"), which sits above the also-named Church of Scientology International ("CSI") on the Scientology org chart. Whereas Marc worked exclusively for Golden Era Productions, an unincorporated entity under the CSI umbrella, Claire worked a variety of jobs including as a secretary for David Miscavige, the effective head of every Scientology entity, and the Chairman of RTC. CSI is considered the "mother church" and most of the management structure falls under it, but RTC controls Scientology's trademarks and copyrights, and thus serves as the black hole into which the bulk of Scientologists' money disappears.

More significant than the additional defendant is Claire's claim that she was "ordered and coerced to have abortions by [Scientology] management." Paragraph 28 of the complaint states:

    Plaintiff Headley worked for Defendants CSI and RTC for many years before her escape in 2005. During this time, Plaintiff became pregnant on two occasions. Plaintiff was ordered to terminate these pregnancies by forced abortions. Plaintiff is aware that this was a relatively common practice at Gold Base. Plaintiff has knowledge of approximately twenty other female employees ordered to have abortions.

Alongside the forced abortion allegation, Claire complains of other "unlawful and unfair business practices," namely: (i) "retaliation against Plaintiff?s family business and others for pursuing labor claims"; (ii) human trafficking; and (iii) unlawfully requiring lie detector testing through the use of Scientology's "e-meter." These claims are not causes of actions in and of themselves, but are rather individual arguments in support of a larger unfair competition claim under California's Business & Professions Code ? 17200 et seq. Claire also employs the forced abortion allegation as a separate common law discrimination claim.

Claire's forced abortion allegation comes well corroborated.

    In a 1986 affidavit, ex-Sea Org member Mary Tabayoyon stated: "The September 28, 1986 Flag Order No. 3905 forbade Sea Org members from having any more new children. The reason given by ED Int. was that the Sea Org simply did not have the time, money and resources to raise children properly."

    In a 1998 declaration, Jesse Prince stated: "In late 1991, my wife Monika became pregnant and although we were elated, she was ordered to abort the child. The reason for the abortion order is that Sea Org members were not allowed to have children."

    In a 2001 declaration, Tera Hattaway spoke of the coercive techniques used to encourage abortion: "She went on to tell me that the spirit doesn?t enter the baby?s body until the baby is born. She made the point that all I would be ?killing? is a piece of meat essentially. We discussed this for a couple of days and she showed me definitions in the L. Ron Hubbard Technical Dictionary to persuade me to have an abortion."

    In a 2001 declaration, Astra Woodcraft stated: "Approximately 1? years before I left, a new rule came out stating that if you got pregnant, you had to either get an abortion, which was heavily pushed, or leave. The rule had previously been that if you got pregnant, you had to get an abortion or be sent to a small and failing lower organization where you had to fend for yourself and your baby."

Scientology generally responds by labeling its accusers liars and apostates, but the excerpts above are but a sample of the countless other ex-members who have stated the same--the corroboration is on a level too vast and broad to dismiss so lightly. These stories share a commonality of motive and purpose: Scientology coerces and forces abortions because pregnant staff members are simply bad for business, due to the added expenses involved in the medical needs for pregnant women, the time lost when the pregnant woman cannot work, and the expense involved in providing day care when the child is born. The one-time cost of an abortion solves the problem.

Claire also alleges human trafficking, also as part of a larger unfair competition claim. Unlike the forced abortions allegation, there is a statutory analogue for human trafficking, namely California Penal Code ? 236.1, which states that "[a]ny person who deprives or violates the personal liberty of another with the intent to ... obtain forced labor or services, is guilty of human trafficking." Section 236.1 goes on to define "unlawful deprivation or violation of the personal liberty of another" as the "substantial and sustained restriction of another's liberty accomplished through fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person[.]"[FN1]

While human trafficking has obviously been going on for centuries, United States law has only recently begun to address the topic, mostly in response to women's groups bringing attention to the women being brought into the United States to work as prostitutes. While the California legislature likely didn't have Scientology in mind when it passed the statute, it nevertheless appears broad enough that Claire could assert a claim under the CTVPA independently, although California does not explicitly provide civil remedy to trafficked persons. Professor Kathleen Kim, a professor at Loyala Law School created an instructive Powerpoint presentation, entitled "Civil Remedies for Victims of Human Trafficking" in which she extrapolates on the civil options available to victims of human trafficking, noting that the Federal human trafficking statute, upon which the California statute is modeled, provides a private cause of action.

Kim also suggests that civil human trafficking claims could be brought under the Thirteenth Amendment (involuntary servitude); the Alien Tort Claims Act; RICO; the Fair Labor Standards Act; Title VII of the Civil Rights Act; Contract, tort, or negligence claims; or under state labor codes, which is what Claire Headley has done here, alleging human trafficking as part of her unfair business practices claim.

If the court were to rely on the penal code definition (stated above), Claire would have to show that Scientology "substantially restricted" her liberty through "deceit" or "coercion" because Scientology intended to obtain her forced labor. This does not seem an especially difficult task, although there would be a question as to which burden of proof would be employed (the criminal "beyond a reasonable doubt" burden is more difficult to show than the civil "preponderance of evidence" standard).

Claire's complaint also departs from Marc's in one other interesting way in that it specifically requests "A permanent injunction prohibiting Defendants and their agents for ordering and/or coercing abortions with respect to their employees." A similar request for a permanent injunction affecting non-parties going forward is presently at the heart of the Godelman v. Diskeeper lawsuit, presently ongoing in the same court (and which I've written about extensively on this blog, for which I've received legal threats from Diskeeper's counsel). In that case, Diskeeper's Scientologist lawyer, Tim Bowles, objected to an injunction prayer for relief that, if granted, would prohibit Diskeeper from requiring any employee to study, adopt, or apply L Ron Hubbard's "Managment Tech" or "Study Technology" and thus moved to strike it from the complaint on the basis that it implicated Diskeeper's religious freedom (despite their somewhat hypocritical argument that Hubbard Management and Study Technology are not religious). . Diskeeper's motion to strike has not yet been ruled on but it would be interesting to see if Scientology responds to Claire's request for prospective relief in the same manner.

The forced abortion and human trafficking allegations serve to bolster an otherwise decent claim, although the unfair business practice claim may turn to some degree on the nature of Claire's work, which isn't made entirely clear in the complaint (Scientology will want to argue that Claire's work was religious in nature, so further scrutiny will likely be paid to precisely what Claire did for CSI and RTC). But unlike Marc's suit, which focuses primarily on minimum wage and overtime pay, if it were found that Scientology engaged in tortious behavior by forcing and coercing abortions or engaging in human trafficking, a religious exemption argument may not be available to them, regardless of what Claire did for each organization. Religious organizations are as liable as secular ones for their tortious acts.

In sum, Claire's claim would seem to have a decent chance of success at trial, assuming she can prove her allegations to a jury; but if history is an accurate indicator, Scientology will go to significant lengths to make sure it doesn't get that far. Miles to go before we sleep, but the vehicle is promising for a change.

* [FN1] For a concise summary of the California Trafficking Victims Protection Act, see Michael C. Payne, The Half-Fought Battle; A Call for Comprehensive State Anti-Human Trafficking Legislation and a Discussion of How States Should Construct Such Legislation, 16 Kan. J.L. & Pub. Pol'y 48 (2006).

posted by scott pilutik at January 25, 2009 02:27 AM


Title: Re: Lawsuits
Post by: Ididntcomeback on January 28, 2009, 08:09:06 AM
Post by Larry Brennan from wwp.


Yes the ?endgame? is upon us but IMHO this is only the very, VERY beginning of it. Already another major scientology corporation (veil to hide Miscavige's controls and abuses) is brought into the game as we see new causes of action start to emerge.

I mean just the very concept of an action in part based on human trafficking opens up even more doors to exposing and ending abuses. I suppose it opens up new theories of damages, extends statutes of limitation, opens doors for extended periods of damages and back pay, etc., etc.

IMHO this has only just begun to develop. And, we have only gotten a tiny peek at who all will be involved in this. Barry Van Sickle, Marc and Claire are leading the way. Watch for many to also be part of this.

Imagine, for example, what it will be like when 100 or more people have joined this fight as plaintiffs. Imagine 100 more sets of stories of truth of the horrors of Sea Org staff life at Int and elsewhere are exposed to the public eye through litigation. Imagine the witnesses telling what really happens behind the religious cloaking and corporate veils but this time it being on the record where damages can be assessed and something can be done about it.

I believe countless other pieces of the truth will be told elsewhere than in these sort of suits resulting in actions taken to stop Miscavige and the organized scientology he controls. This includes what we are seeing begin in many areas such as Germany, Belgium, France, Russia, in the USA in suits like Diskeeper, etc., etc. But this also includes the countless other things being done around the world by Anonymous and others.

Each action to expose a lie or an abuse, no matter how small, tells a piece of the story and helps to bring down a monstrosity that is built on lies, supported by slave labor, fed on the misery of the many, defended by threats and intimidation and hidden behind cloaks and veils of false goodness.

But they can only continue doing this if the truth remains hidden and their lies can be believed.

The fact is that suits like this do not let the truth be hidden. The fact is Annoymous does not let the truth be hidden.

Every single thing that every Anon, every ex or otherwise every person of good heart does to expose one of organized scientology?s lies and/or abuses, no matter how small, makes a big difference and does in fact contribute to endgame. And if it brings LULZ, all the better!

Suits like this can go on for decades. But can Miscavige and organized scientology go on fighting it for decades if all the above is also done, if Anon and exes and others continue as above? Personally I do not think so. I do not think that many orgs can last so long. What existence the top of organized scientology does have depends entirely on slave labor. And even with that, their stories of expansion and ideal orgs are total lies.

IMHO it is time to truly brace for epic but in doing so be very patient and realize that this is just the beginning of endgame and that the continuing of what so many started in 2008 into 2009 will be a huge part of it.

Anyway, hey it?s just my observation and my opinion based on it. There is no army to rally, there is no ?call to arms?. There is simply the truth of what is happening and I truly believe it is only happening because of the independence of the many who play this game as and how they see fit. I hope this continues for the LULZ and for great justice and for whatever other reasons many have to play.
Anon of the Opera!!!

Christine: "I am the mask you wear"
Phantom: "It's me they hear"

http://forums.whyweprotest.net/123-leaks-legal/new-lawsuit-filed-against-rtc-csi-jan-20-2009-claire-headley-v-csi-rtc-37106/2/


Title: Re: Lawsuits
Post by: rockyslammer on January 28, 2009, 01:50:12 PM
The thing is these suits will drain scientology - financially and energy.

The world is no longer so afraid of them.  We have been chipping away for so long - some wins - some losses BUT the chipping went on.

Some suits caused them real pain - for example the "release" of the upper level materials etc.

Then came Tom Cruise who fucked up so bad he turned the scio world upside down.  For example the fantastic anons.

Now the worms turneth.  All those years of scientology screwing everyone over are coming home to roost.  They have nearly lost their ability to frighten - soon they will have non.

It's our turn now guise and gails!

Put your boot in, metaphorically that is.  Get the beer and popcorn out - it's going to be a grand play for us to watch and maybe participate in.

regards
Martin



Title: Re: Lawsuits
Post by: rockyslammer on January 29, 2009, 07:47:13 AM
"xenufrance" <xenufra...@free.fr> wrote in message

news:49808ed1$0$3520$426a74cc@news.free.fr...
|
| The Church of Scientology tried for fraud from May 25 to June 10
|
|
| PARIS, 28 January 2009 (AFP) - The Church of Scientology and
Scientologists
| in September
| will be judged from May 25 to June 10 before the 12th chamber of the court
| Correctional Paris for "organized fraud", it was learned
| Wednesday judicial source.
| Upon conviction, the Church of Scientology risk the dissolution of
| its main French structures.
|
| Following its investigation, Judge Jean-Christophe Hullin believed that
| the Church of Scientology had misled the plaintiffs "using
| systematically to personality tests without scientific value
| (...) The only prospect of selling services or products.
|
| The magistrate noted that the center of Scientology under the guise
| "to identify and resolve (the) alleged psychological or
| promote personal development "of a complainant, or to solve
| vocational training needs "another was" the sole purpose of capturing
| their fortune "to" engaged in a psychological grip "on them.
|
|
| In this case, the prosecution had requested a non-place general feeling
| that the defendants, "driven by their own religious belief"
| had taken "no personal benefit, but the judge ignored it.
|
| =====
|
| (that people could be lead to crime by religious or speudo-religious
| convictions can't ever be taken as an excuse. Either they committed, or
| not.)
|
| Misscabbage should remember before being jailed soon or late.
|
|


Title: Re: Lawsuits
Post by: Ididntcomeback on January 29, 2009, 02:08:50 PM
This case was actually all ready to go around 2000.
Trouble is just before the trial , the French Governments case
against Scientology was stolen.
I mean literally stolen.
Years of research, evidence and records were uplifted from the
Court house never to be seen again.

There is a documentary about it... probably available on youtube..

Here is a quiz ...

Who is the most likely suspect in this case of theft ?

Clue.... It is the most ethical group on the planet....

The French actually have the best legal system in the world.
They do not use the adversarial system adopted by the British abd the Americans.

In France they just evaluate the evidence collected and have a finding
based on ALL the evidence.

Joe Karem`s second book "Bain and beyond" goes into detail about it.

Interestingly France is the only country in the world to get a
conviction against Hubbard for fraud related to Scientology.




Title: Re: Lawsuits
Post by: AnonKiwi on January 29, 2009, 05:43:27 PM
NAUGHTY SCIENTOLOGY!

(http://www.funnyforumpics.com/forums/Id-Hit-It/6/thTinkerbellSpank1.gif)


Title: Re: Lawsuits
Post by: rockyslammer on January 30, 2009, 08:08:14 AM
There is one thing scios don't really understand.  It's their policy to "handle" today's problem - any way they can.  However putting something off usually means it will come another day.  Now look what's happening - it's come back just as another batch of lawsuits arrive.

I can see the beginning of the end game.

regards
Martin


Title: Re: Lawsuits
Post by: Ididntcomeback on February 22, 2009, 07:30:24 PM
               Lawyer again takes on Church of Scientology

 By Mike Brassfield, Times Staff Writer
In Print: Saturday, February 21, 2009



CLEARWATER ? Taking on the Church of Scientology in court is like picking a fight with the Russian army. When attacked, the church defends itself aggressively, wearing down opponents with a barrage of litigation while peering into their personal lives.

Ken Dandar knows this better than anyone. In the 7-year-long Lisa McPherson case, the Tampa lawyer and the church waged one of the most grueling, fiercely contested legal battles in Tampa Bay history.

The wrongful death lawsuit became intensely acrimonious, with Dandar calling Scientology a ruthless cult and church officials countersuing and calling him a liar, a religious bigot and an ambulance chaser. The David-and-Goliath fight had Dandar flying solo against a squadron of top-notch lawyers.

Now, by targeting the church in another wrongful death suit, Dandar and his two-man law firm are essentially ringing the bell for Round 2.

What is he thinking?

"It's like jumping out of an airplane with a parachute. Once you've done it, you can do it again," Dandar said.

He adds: "I anticipate this will be a completely different type of case. I do not anticipate any personal attacks on anybody from any direction."

He says this with a straight face. He pauses for a beat.

Then he laughs.

? ? ?

In the case of McPherson, a 36-year-old Scientologist who died in 1995 while in the care of church staffers in Clearwater, Dandar eventually won a confidential settlement for her family.

The latest lawsuit stems from the death of Kyle Brennan, 20, who shot himself in the head two years ago in Clearwater while visiting his father, who is a Scientologist. Brennan's mother blames Scientology, while the church says it has no connection whatsoever to the suicide.

"This case is meritless," said Scientology spokesman Tommy Davis. "It's an attempt to draw the church into something the church has nothing to do with."

Dandar says no other attorney would take the case.

"I don't care about Scientology or what they believe in," the longtime civil litigator said. "The only reason I took the case is because my client lost her son. She couldn't find another lawyer, and I have all this expertise. I had no choice."

There are similarities and differences between the two cases.

Both people who died were mentally unstable, and their cases touch on one of the most controversial tenets of the religion ? its fervent opposition to psychiatry and psychiatric drugs.

? ? ?

The Lisa McPherson case generated nightmarish publicity for Scientology, which has made a concerted effort to play a more visible role in the civic life of Clearwater, its spiritual headquarters.

In 1995, after a minor traffic accident, McPherson acted strangely and was taken to a nearby hospital for psychiatric evaluation. But fellow Scientologists quickly brought her to the church's Fort Harrison Hotel.

According to church staffers, McPherson became crazed, attacked her caregivers, spat out food, cried and broke things. She never saw a doctor. She was given injections of magnesium and sedatives and was force-fed liquid Benadryl, ground aspirin and juice.

After 17 days, gaunt and unresponsive, she was driven 45 minutes to a New Port Richey hospital to be seen by a Scientologist doctor. But she was already dead.

The church has always maintained that staffers were trying to nurse McPherson through her breakdown when she died unexpectedly from a blood clot stemming from her traffic accident.

Felony charges against Scientology were dropped in 2000, but the battles in civil court raged for four more years. The paperwork reached 200 volumes, as tall as a two-story building.

Church leaders called the lawsuit an assault on Scientology funded by church haters. They accused Dandar of professional misconduct and perjury.

When asked about the seven-year case, Dandar refuses to discuss it other than to say, "It was seven and a half years."

One major difference between Dandar's two cases: McPherson died while in the church's care, while Brennan shot himself in his Scientologist father's private apartment.

? ? ?

The new lawsuit, filed in Tampa federal court, names the church, Brennan's father and two other Scientology parishioners: Denise Gentile, twin sister of the church's worldwide leader, David Miscavige, and her husband, Gerald Gentile.

The lawsuit alleges that the Gentiles persuaded Brennan's father to take away the unstable young man's antidepression medication, Lexapro, which led to Brennan's death.

Scientology officials say that none of these people work for the church and that a Clearwater police investigation pokes holes in the lawsuit's assertions.

"We believe there are no facts to support the allegations against them," said the Gentiles' attorney, Lee Fugate, who represented Scientology in the McPherson case.

Dandar says witnesses will dispute parts of the police report. He suggests the parishioners were taking direction from church officials: "It'll all come out."

Although a criminal prosecutor must establish guilt beyond a reasonable doubt, the standard of proof in civil wrongful-death cases is lower. Dandar would have to convince a jury that, more likely than not, negligence led to Brennan's death.

? ? ?

This time around, Dandar doesn't have a wealthy anti-Scientology backer like Robert Minton, who spent $2-million to fund the McPherson lawsuit.

Instead, he's taking the Brennan case on a contingency basis. He says other lawyers are raising their eyebrows at him.

"The Church of Scientology is a tenacious foe," said Clearwater lawyer Denis de Vlaming, who has represented church critics.

"I think Ken knows what he's in for ? a smack-down, drag-out, winner-take-all cage match. For him to say he'll do that again after what he went through, it's probably like going through childbirth again immediately after leaving the delivery room."

Mike Brassfield can be reached at brassfield@sptimes.com or (727) 445-4160.

http://www.tampabay.com/news/courts/civil/article977928.ece


Title: Re: Lawsuits
Post by: Ididntcomeback on March 12, 2009, 11:30:55 PM
 Florida Man Demands $29K Narconon Refund

MIAMI (CN) - A Florida man claims he endured "horrible and outlandish mistreatment" at a Narconon treatment center in Newport Beach, Calif. During his 3.5 days at the Scientology-affiliated center, Pablo Mendoza claims he was sexually assaulted by a male masseuse, profanely taunted by another student, and forced to scrub the kitchen because he is Hispanic.
Mendoza learned of Narconon through his brother, Adonis Mendoza, who found the center online, according to a lawsuit filed in Miami-Dade County Court. Narconon allegedly told Adonis that Pablo would have to fly out to California to treat his cocaine addition, even though Narconon has a treatment center in Clearwater, Fla.
Pablo, a Catholic, says Narconon pressured his brother into paying $29,000 for the 10-course medical treatment without disclosing its ties to the Church of Scientology. When Pablo arrived in California, he says the place was filthy, smoked-filled and freezing. He claims he was given pills that made him sick, and the staff refused to let him talk to anyone. He allegedly spent most of his time sitting on a "ripped up and broken couch."
He also says he was given a massage by a male instructor, who "rubbed his crotch on his hand and then Pablo Mendoza tucked his hands in."
"That was sexual abuse," says Pablo, who is married with children. "It was intolerable and unacceptable."
On his final day, Pablo says he was sitting with another student and a teacher, when the other student suddenly spread his legs and said, "I am gonna pull my dick out, I am going to jerk off and I'm gonna put the cum in your face." He claims the teacher "approved" this conduct.
Pablo called his brother and told him he wanted to go home, the suit claims. But Pablo and Adonis say Narconon refused to refund the "dubious and excessive" $29,000 program fee, despite Pablo's having attended only "1% of one program."
The Mendozas are represented by Frank Hollander.

http://www.courthousenews.com/2009/03/09/Florida_Man_Demands_$29K_Narconon_Refund.htm


Title: Re: Lawsuits
Post by: OnceBitten on March 13, 2009, 02:00:16 PM
Man!  Nothing like that happened to me!  The worst was when we were in the sauna and David Bloomberg cleared his throat and a big loogie flew out of his mouth and landed on my back!  It was gross but doesn't really compare with this .... 




Title: Re: Lawsuits
Post by: Ididntcomeback on March 26, 2009, 10:11:00 PM
       Former Scientology film production employees allege labor violations


10:15 PM PDT on Wednesday, March 25, 2009

By MICHAEL PERRAULT
The Press-Enterprise

Two former employees who worked more than a decade at the Church of Scientology's Golden Era Productions enclave near Hemet have filed lawsuits alleging the church violated federal and state labor laws and engaged in human trafficking.

Church of Scientology spokesman Tommy Davis called the lawsuits "utterly meritless," noting that hundreds of staff would boast about working conditions at the nearly 700-acre compound in Gilman Hot Springs.

"Working conditions at Gold Base are nothing short of spectacular," Davis said.

In separate lawsuits filed in Los Angeles Superior Court in time to meet a four-year statute of limitations, husband and wife Marc and Claire Headley claim they were paid less than 50 cents an hour and forced to work more than 100 hours a week. They claim they never received overtime pay or meal breaks and were required to sign documents under duress acknowledging they had forfeited their rights.

Davis said he could not discuss specifics of the lawsuits. But he said staff members agree to work on a "volunteer basis" and receive weekly stipends, with the Church covering all living, medical, dental and other expenses.

"As members of the religious order called the Sea Organization, we have dedicated our lives to the service of the Scientology religion," Davis said. "You can dedicate all of your time and efforts to your job without having to worry about paying your bills, cooking dinner, paying property taxes or this and that."

Barry Van Sickle, a Los Angeles attorney representing the Headleys, said the church must adhere to state and federal labor laws, including paying minimum wage, overtime and allowing proper breaks. He said the U.S. Supreme Court has ruled that religious entities and nonprofits must abide by labor laws, including those regulating wages and employing minors.

Van Sickle anticipates it could be 18 months before the case goes to trial.

Claire Headley, now of Los Angeles, worked from 1991 to 2005 at Golden Era Productions. She contends she worked "long, hard hours for illegal wages, was forced to have (two) abortions to keep her job and was subjected to violations of personal rights and liberties for the purpose of obtaining forced labor.

"Church of Scientology International enslaves its employees through coercion, deceit, fear of reprisal, intimidation, forced signatures on oppressive documents and enforced poverty," the suit states.

Davis said he and other members of the Sea Organization religious order, including the Headleys, enter freely into the agreements. There is no expectation of being paid minimum wage, he said, and workers get days off and vacation time.

"Here's the thing that's so disingenuous about (the lawsuits)," Davis said. "When you join the Sea Organization, you know you are voluntarily signing up and becoming a part of a highly dedicated, highly disciplined, very regulated lifestyle as part of a religious order. It's tough. It's not meant to be easy."

Claire Headley signed an employment contract at 14 and eventually worked as an office assistant to David Miscavige, a longtime church leader, Van Sickle said.

Marc Headley worked from 1989 to 2005 on film and promotional materials at Golden Era Productions, commonly called Gold Base. He claims he was not paid minimum wage and often worked more than 100-hour, seven-day weeks without overtime. He calculated his pay at about 39 cents an hour. He said he was reluctant to leave because his mother and sister were active church members.

Marc Headley said in the lawsuit that when he ended his employment he was threatened with a "freeloader debt" of about $86,000, "used to intimidate and coerce employees into continuing to work under unlawful conditions."

The Headleys are seeking payment of minimum wage, overtime and other remedies.

Davis said hundreds of staff at Golden Era Productions produce as much as 300 hours of broadcast footage per week from around the world, and other materials and products. Many staff members have worked and lived at the compound for 25 years.

"We work, let me tell you, we work," Davis said. "But to complain about one's work schedule or how one's tenure went as a member would be kind of like being a Jesuit priest, leaving the order and complaining that I had to wear a robe every day, that I had to be celibate, that I had to read the Bible and do whatever the senior person in the Jesuit order said I had to do."

Reach Michael Perrault at 951-763-3464 or mperrault@PE.com

http://www.pe.com/localnews/inland/stories/PE_News_Local_S_weblawsuit26.2f7dc3f.html


PS.
If only the Headleys had sent their story to "Youth for human rights"





Title: Re: Lawsuits
Post by: anonyrat on March 27, 2009, 08:21:23 PM
Quote

If only the Headleys had sent their story to "Youth for human rights"

lol


Title: Re: Lawsuits
Post by: Ididntcomeback on March 31, 2009, 11:12:58 PM
    The Story Behind Scientology's Slap Chop Scandal


http://gawker.com/5191018/the-story-behind-scientologys-slap-chop-scandal

For more...

http://gawker.com/5190402/the-hooker+beating-shamwow-guy-is-a-renegade-ex+scientologist


Title: Re: Lawsuits
Post by: Ididntcomeback on April 01, 2009, 07:19:25 AM
                  Just in from Larry Brennan

As promised on a thread about the Fort Harrison I was predicting new epic litigation against organized scientology in April. That prediction has now been revised to between very early next week and mid April.

Project Code: The Perfect Shitstorm - Part D.

Subject Matter: Litigation, not specifying on what

Reason for Early Announcement: for the LULZ and for the Enturbulation

What site to watch for announcement of suit: IMHO: http://infinitecomplacency.blogspot.com/

Also, I will also be posting about it and covering it on my blog.

Suggested actions for Current Readers: Brace for EPIC

For the Caek!

For the Lulz!

For the Enturbulation!

For little Davey!

That is all.

- Skipper
----------------------------------------------------------

For those who don`t know him...
Larry (Laurence) Brennan is the mastermind behind Scientology`s
impenetrable corporate labyrinth. Google "Larry Brennan declaration"
His blogspot: http://larrybren.blogspot.com/

He`s out now and he`s pissed.

 


Title: NEW LAWSUIT FILED
Post by: Ididntcomeback on April 06, 2009, 01:20:01 AM
                                 LAWSUIT FILED. April 2009.


Here it is.
Read it and weep Miscavige.

When Miscavige`s legal team explain the implications of these
lawsuits he will realize the game is up.
The "Doe" defendants is pure genius.
It opens the door on bringing the real owners of this multinational scam
into view.  Hang in there anons. The end is in sight.


http://infinitecomplacency.blogspot.com/2009/04/14-laura-decrescenzos-lawsuit.html


Title: Re: Lawsuits
Post by: useful_anon on April 06, 2009, 02:58:39 AM
awwww man i dont want it to be over. =( its been so fun. lol. i reckon drinks on ididntcomeback when its all over. ;-)


Title: Re: Lawsuits
Post by: Ididntcomeback on April 27, 2009, 07:56:33 AM
                    Scientology protesters won't face charges


10:00 PM PDT on Friday, April 24, 2009

The Press-Enterprise

The Riverside County district attorney's office will not pursue criminal charges against two protesters cited for trespassing at the Church of Scientology compound outside San Jacinto.

Prosecutors said there was insufficient evidence to file charges after Mark Bunker and Douglas Owens were arrested and released Feb. 24 for blocking the driveway of Golden Era Studios on Gilman Springs Road.

The two men were part of a small protest that formed after the Riverside County Board of Supervisors proposed a no-picketing ordinance that would prohibit protesters from coming within 30 feet of any residences.

--John Asbury

jasbury@PE.com

Here it is along with the podcast of the story

http://www.pe.com/localnews/inland/stories/PE_News_Local_E_protest25.4393933.html


Title: Re: Lawsuits
Post by: Ididntcomeback on May 17, 2009, 01:04:59 PM
          Blown for good (Mark Headley) ROUND ONE
               Watch a cult disintegrate.

Well we had the first round of depositions in my case a few weeks back. April 29th and 30th.

Barry and I arrived at the law offices of Proskauer Rose. Ken Moxon was there as well as two other OSA staff. Then the lead attorney for the Church was there as well. Anthony J. Oncidi.

Proskauer Rose LLP - ANTHONY J. ONCIDI

This firm is one of the biggest law firms in LA for labor and employment issues. They are defense attorneys.

They also had hired a court approved court reporter and videographer. They pointed the camera directly at me and I am the only one who appears on camera but Moxon and my attorney had mics on so we could hear what they were saying.

On our side it was me and Barry Van Sickle.

The first day of depositions were very chaotic and unprofessional. The court reporter said that in 30 years of depositions, she had never seen one this bad. Guess she has not been involved with any Scientology cases. Moxon’s whole game plan was to “dirty my needle” and gather as much intelligence as he could. EPIC FAIL on both fronts. When he was not interrupting every answer I had, he was attempting to put words in my mouth. The entire first day had zero to do with my case. Lots of fishing for info that was not there. While the day was rather boring and fruitless, it came and went quickly. If anyone was keeping score it was zero-zero. Pretty useless waste of time for the most part.

The next day would be a bit more exciting, lame but nonetheless better than day one. We spent hours going over how many times I went to Jack and the Box and Home Depot! Literally hours. At one point I stopped and said, “Can I just say for the record that we just spent 30 minutes arguing over how many time I went to Jack and the Box.” At one point during the deposition on the second day, everyone in the room was either fully asleep or nodding off except for Barry Myself and Moxon. It was truly boring and at one point another senior partner joined the deposition, Harold Brody.

Proskauer Rose LLP - HAROLD M. BRODY

He slept too. It was damn boring. When I got on a roll about being watched 24 hours and restricted to the base for months and not allowed to go home, Harold woke up and seemed a bit surprised. I am sure the attorneys were not told that Dave Miscavige was running the next best thing to a concentration camp in the middle of the California Desert. I am sure he is telling them what to do on this case though.

I could see that Moxon was trying to set up some big crescendo of revelations with about 50 questions but it never came. When he did finally throw out a huge hook that he thought would bring in a real good answer, my answer was the last thing he or anybody on their side wanted to hear. It was so damning that they bailed and decided to take a break. On the second day, they took many breaks. More bad stuff for them came up than they ever intended. Moxon and Oncidi have not been told all of the information that happened at the Int Base by a long shot. There are so many horrible, dreaded things that happened there and they have not been told 1% of them.


For a bit, I was able to really get some good info onto the record and give them a tiny glimpse of what was to come. Anytime this started to happen, it was “break time”. All they have are the illegal employment contracts. That‘s it. They have nothing else. We knew that from the beginning. Well the first two days of depositions pretty much confirmed that.

Dave Miscavige is running the handling of these cases. If he is not on the phone to the lawyers himself, he is talking to whoever is and telling them to call back and tell them that “so and so” is how the case is going to be run. Dave like multiple daily updates if not hourly. For those of you who do not know Dave Miscavige still has bad asthma. He also has a very very bad dry skin condition. If he slides his hand across a paper to hard, he will be cut and bleed. He will bleed from clinching his fist to tight. He rarely sleeps, He has fits of uncontrollable rage and he generally not too much fun to be around. (Just think Al Pacino in Scarface mixed with a shorter smaller version of the Predator) With that said, that was how I remember him in 2005. He generally got worse year after year. I cannot imagine what his condition has grown to by now. Eating shit sandwiches for a living is not good for your health either.

Dave Miscavige is about to hit critical mass in a big way. In the middle of all this legal crap that he has to deal with, (because he is the only one who can handle anything) He has the May 9th Event and the June 6th Event to somehow get produced (because he is the only one who does anything) Not only is the legal cases a bit distracting knowing that if they lose this case they are going to have to come up with an extra 400 million dollars a year in minimum wages, but The Scientology public are becoming more and more disaffected with Dave Miscavige each day. They are reading the stories on the internet. He is not telling them the truth about what is going on and this is creating a vacuum. Well that vacuum is being quite adequately filled with the Internet.

Super Power building still not done, all his bogus technical revisions to LRH materials, people being beaten and to top it all off, forced abortions. Now he is supposed to come out with some great big master plan to re-release the entire Bridge and come out with a new improved E-Meters and convince everyone to throw out the ones he made them buy a few years ago and just when he thought all this was at its peak – something else. There is a new storm brewing in Florida just off the coast and it is about to hit the mainland. It is a Force 10 and will blow Dave’s short shorts right off his ass.

I was waiting to post until the depositions were completed but at the last minute they have been cancelled for now. Out of the blue, they just cancelled. I knew this was going to happen. The storm is near and they know it. They are probably wrapping Dave’s shorts in duct tape as you read this.

Oh and I almost forgot, the second day of my deposition was Dave Miscavige’s 49th Birthday. I kid you not. God could not have planned it better. (If you don’t believe me - google him and you will see.) At the end of the second day, Moxon made me read out one of my forum posts from a few weeks ago. It was all about me sending Dave Miscavige and Tommy Davis some lube. Well I read the post out and when I was done Moxon asked me what it meant. I told him that I cared for Dave and Tommy and because I cared, I sent Dave a birthday gift. Moxon argued that the post was from April 23rd and that was not Dave’s birthday. I explained to Moxon that gifts had to be sent in advance BEFORE the actual birthday and whilst we all had a chuckle (except for Moxon) we left it at that. I also told him that LRH said that true art (my poetic writings) had to have some sort of contribution from the viewer and that whatever picture that Moxon had while reading about Dave Miscavige, Tommy Davis and a Costco size tub of lube was his contribution and that I was sure he contributed. He did not ask anymore about anymore posts after that.

Oh yeah, OSA, RTC and Dave Miscavige are reading ALL this crap on the Internet. It has been confirmed. They had 5 damn bankers boxes of this crap printed off and lined up in folders and all super duper organized. I think if you just mention Dave Miscavige in a post, someone at RTC is reading, printing it and categorizing it so Dave can get his daily dose. Del Taco– Feed the Beast! Dave is not happy about people talking about him, people shooping the hell out of him and anything else considered OUT-PR. Truth hurts - don’t it? Maybe you should have played nicer with all the little girls and boys and this would not have happened Davey.

In the end, I was able to get my wedding pictures, some family photos and some stuff I had not seen in years.

All in all it was good and I can’t wait for more.

Until next time…
BFG

P.S. If you do shoop something, make sure you call it what it is so it turns up in search results and crawls. I’m just saying…

Here is the thread on whyweprotest.

Round two posted here as soon as it happens.
his case could well be the straw that breaks Miscavige`s bank account.

http://forums.whyweprotest.net/299-marc-headley-v-church-scientology-international/may-12th-case-update-marc-headley-case-45522/#post865105


Title: Re: Lawsuits
Post by: NED on May 17, 2009, 06:56:08 PM
Rock on BFG!!!!!!!!  Kick Ass!!!!!!!


Title: Re: Lawsuits
Post by: Ididntcomeback on May 23, 2009, 04:46:53 PM

2009: The Year of The Scientology Lawsuit
Scientology sued by ex-scientologist for ruining her life.

05.22.2009 – Following the cases of Marc Headly and Claire Headly, another veteran of Scientology’s Sea Organization is suing the movement after 13 years on staff: she was so desperate to escape that she finally swallowed bleach to get herself kicked out, says the lawsuit.

Laura DeCrescenzo (née Dieckman) worked in Los Angeles for the Sea Org, which the movement describes as its elite cadre, between 1991 and 2004. She was recruited at the age of 12.

Scientology, the lawsuit argues, “stole Plaintiff’s youth and that of many others.”

Married at 16, she fell pregnant when she was 17. But her employers forced her to have an abortion because of the ban on Sea Org members having children, the lawsuit alleges.

DeCrescenzo also spent time on Scientology’s punishment programme, the Rehabilitation Project Force, or RPF.

“There are two very different versions of Scientology,” says the lawsuit. “There is the Scientology as presented to the outside world and there is a different Scientology in which Plaintiff lived and worked for approximately thirteen years.

“In the Scientology world Plaintiff experienced, twelve year old children are taken from their homes, asked to sign employment contracts and put to work. Pregnant women are coerced to have abortions.

“Employees work 100-hour weeks in the business ventures of Scientology at far less than minimum wage. There are no contributions to Social Security or employee pensions, although there is plenty of money to pay Scientology’s Chairman of the Board [David Miscavige], private investigators and lawyers.

“Personal freedoms are restricted and severe punishments are used to keep employees in line… That is the context of this litigation.”

Laura DeCrescenzo joins Claire and Marc Headley, two other former staffers, who filed lawsuits earlier this year against the Church of Scientology International (CSI).

Attorney Barry van Sickle, who is acting for all three plaintiffs, filed the new lawsuit in the Los Angeles courts Thursday (April 2, 2009).

In addition to the grounds listed in the earlier lawsuits this complaint develops fresh lines of attack:
it challenges Scientology’s practice of using what it calls a “primitive lie detector” to interrogate its employees in security checks;
it questions the legal validity of the Sea Org employment contracts, as well as the waiver forms and other documents it says they are required to sign if ever they leave;
and it accuses Scientology officials of trying to discourage potential witnesses in the lawsuits through bribery and intimidation.

Laura DeCrescenzo – or Dieckman as she then was – was born into Scientology. Both her parents were members and she grew up going to Scientology schools.

By the age of nine, she was already working on staff at one of the movement’s centres, says the lawsuit. “She obtained a work permit and became effectively a full-time employee of Scientology from age ten.”

In 1991, at the age of 12, she was persuaded to sign the billion-year Sea Organization contract. Leaving her family behind in New Mexico, she flew to Los Angeles to start work for them there. She spent the next 13 years working for the Sea Org.

DeCrescenzo’s Sea Org recruiter had promised her she would be able to visit her parents and eventually have children of her own and raise a family.

These promises were never fully honoured, says the complaint.

“Once in, it was all work and little else. Plaintiff discovered she had almost no personal freedom. Planned visits to family were restricted, delayed and cut short. She was 12 – 13 years old and not allowed unrestricted access to her parents.

“She could not visit her parents without special permission and being ‘sec checked’. She would be ‘sec checked’ again upon her return.”

A “sec check” or security check, is when an employee is questioned to ensure that they are still loyal to Scientology. It is carried out using the device Scientologists usually use in their therapy, or auditing, sessions: an electropsychometer, or e-meter.

DeCrescenzo married a fellow Scientologist when she was 16. In 1996, when she was 17, she became pregnant.

“Having children was against the dictates of top management at Scientology,” says the complaint.

“Plaintiff had been working for far less than minimum wage, had no money, no car, no place to call her own, and no medical insurance or coverage. Plaintiff felt trapped and without viable options.”

To remain in good standing with her employers, she had an abortion, it adds. “Plaintiff has knowledge of other female employees ordered to have abortions.”

During her time in the Sea Org, DeCrescenzo performed mainly clerical or administrative work. But for a period, she was assigned to the Rehabilitation Project Force.

Scientology characterises the RPF as a chance for members who have slipped from the movement’s high ethical standards to redeem themselves. But the DeCrescenzo lawsuit describes it as a highly abusive process.

“Work on the RPF is designed to control, coerce, punish, inflict emotional distress and break the will of the victim,” it says.

“The working conditions are severely harsh. Personal liberty is non-existent. Plaintiff worked on the RPF for over two years, which caused her significant emotional distress.”

The bleach incident was partly due to DeCrescenzo’s determination to quit the Sea Org after having failed to win her release from the RFP.

“Plaintiff spent over two years on the RPF and was headed back to the RPF when she escaped by swallowing bleach and pretending to be suicidal,” says the lawsuit.

She made sure her action was witnessed to ensure she would be kicked off staff. The plan worked, but her employers still wanted to ensure that she left on their terms, the complaint adds.

“After being deemed a suicide risk for swallowing bleach, Plaintiff was brought into a room to sign her ‘exit’ papers. Plaintiff was under extreme duress and just wanted to get out without having to undergo hours or days of emotional abuse.”

DeCrescenzo was required to sign a series of documents before she was allowed to leave, says the complaint. “The papers contained a list of her ‘crimes’ and confidential matters revealed in the ‘sec checking’ procedure described above.” She was not given copies of those documents.

During her exit interview DeCrescenzo was told not just that she had no legal recourse against Scientology but that she owed the movement about 120,000 dollars for the training she had received since the age of 12.

This debt is known as a Freeloader’s Bill in Scientology. A freeloader, according to the definition in one Scientology dictionary, is “any person who has failed to complete a staff contract at a Sea Org or Scn [Scientology] org or mission.”

DeCrescenzo initially paid off 10,000 dollars of this debt: having spent years under Scientology’s “undue influence”, she believed it to be her legal obligation, says the complaint.

“Plaintiff had little formal education or sophistication as she had been effectively isolated from mainstream society and culture.” She is now seeking a refund of what the lawsuit describes as an unenforceable debt.

This is the third lawsuit that van Sickle has filed on behalf of a former Sea Org member since the beginning of the year. But this new complaint introduces several new elements.

Van Sickle focuses on the security checks carried out on employees using the Scientology e-meter. The lawsuit describes the e-meter as a primitive lie detector, echoing the conclusion reached by several court-appointed experts and official reports.

Scientology’s founder L. Ron Hubbard attributed almost supernatural properties to the device in his 1952 operator’s manual: “It sees all, knows all. It is never wrong.”

In a 1960 policy letter (“Interrogation: how to use an E-meter on a silent subject”), he even suggested the device could be used to question criminals and terrorists. “Don’t use guns, use E-meters to make a country safe,” he wrote.

But the lawsuit argues that by obliging DeCrescenzo and other employees to submit to this kind of questioning, Scientology was flouting state and federal laws against the use of lie detectors in this context.

“The sec checking procedure constitutes a gross invasion of privacy and is used to gather embarrassing data on employees,” Van Sickle argues.

“The threat of using confidential and embarrassing information collected and recorded in the ‘sec check’ process is used to control employees. This practice borders on blackmail.”

The lawsuit also accuses Scientology of deceiving its employees by telling them they have no rights.

“[Decrescenzo] was not told of her rights to be paid a proper wage for her labor or of her right not to be subjected to physical punishment, sexual discrimination, coercion, intimidation and forced labor,” van Sickle argues.

Since she signed her departure documents under duress, they should be set aside as invalid, he adds. “[She] did not freely consent to the unconscionable and unlawful terms of her termination papers.”

Finally, the new lawsuit accuses Scientology officials of having contacted former members to dissuade them from backing the legal actions against the movement.

The Church of Scientology International (CSI) and its operatives “have gone on a ‘mission’ to silence and buy off witnesses and potential plaintiffs” says the lawsuit.

“In addition to buying silence with the purported debt forgiveness, Defendant CSI has used threats of punishing friends and family as the currency with which to buy off potential witnesses and claimants.

“Defendant’s efforts to silence witnesses by threats, coercion, forgiveness of alleged ‘Freeloader Debt’ and threats of breaking up families, constitutes obstruction of justice, witness tampering and illegal retaliation…” the lawsuit alleges.

DeCrescenzo is seeking her back pay, damages, the formal cancellation of any illegal documents she signed while on staff and an injunction against Scientology to prevent them either bribing or intimidating potential witnesses in her case.

http://www.pitchengine.com/teamanonymous/2009-the-year-of-the-scientology-lawsuit/12666/


Title: Re: Lawsuits
Post by: Ididntcomeback on June 12, 2009, 08:30:13 AM
 Current lawsuits against Scientology and Scientologists.


1. Claire Headley v Church of Scientology International and Religious Technology Center

Claire Headley 2nd Amended COMPLAINT - Fullscreen
Claire Headley v. CSI & RTC - Lawsuit filed - JAN 20, 2009:
Update 6/11/09: Current and Recent Lawsuits with the CoS/Scientologists

Summary: A suit from an ex Scientologist alleging among other charges, abuse, human trafficking, forced abortions, and fraud while in the Sea Organization.

Status: In Federal Court


2. Mark Headley v Church of Scientology International

Marc Amended Complaint - Fullscreen
Claire Headley v. CSI & RTC - Lawsuit filed - JAN 20, 2009:
Update 6/11/09: Current and Recent Lawsuits with the CoS/Scientologists

Summary: A suit from an ex Scientologist alleging among other charges, inhumane working conditions, labor violations, and an illegally refusing to pay workers minimum wage as required by law.

Status: In Federal Court


3. Laura DeCrescenzo v Church of Scientology International

1st Amended COMPLAINT - Laura A
Laura Decrescenzo's Lawsuit
Update 6/11/09: Current and Recent Lawsuits with the CoS/Scientologists

Summary: A suit from an ex Scientologist alleging among other charges abuse, first amendment violations, and child labor violations.

Status: In Federal Court


4. France v The Church of Scientology

The trial in France

Summary: Regarded in France as a cult, Scientology will be tried the first time from Monday in Paris until June 17 for "fraud in an organized gang." Seven officials, including its french leader Alain Rosenberg, 60yo, and its two main branches in France, will face three plaintiffs: two ex-followers and the Order of Pharmacists. Individuals, also prosecuted for "illegal practice of pharmacy", face up to ten years in prison and a million euros fine. Legal persons may be fined five times and the prohibition of activity. Which would lead to the dissolution of the group in France

Status: Currently hearing testimony



5. Belgium v Church of Scientology

Scientology in court in Belgium on may 12th

Summary: Belgium is moving forward with charges of organized crime, extortion, fraud, and the illegal practice of medicine against 12 Scientologists and 2 Scientology organizations.

Status: The proceeding scheduled for May 12 have been postponed indefinitely, according to a statement by Xavier Magnée, one of the lawyers for the twelve indicted individuals. Nine motions requiring additional investigation were filed by several of the defendants. The Council Chamber must decide whether action is necessary for each motion. If any of the motions are rejected, the defense has the right to appeal.



6. The Sklars appeal

The Sklars appeal to the Supreme Court

Summary: The Jewish family, the Sklars, are suing for the right to have the same tax exemption status for religious education as enjoyed only by Scientologists in the United States. They are alleging a breach of the Establishment Clause.

Status: The case is currently being appealed and considered by the Supreme Court of the USA.


7. Wrongful Death suit for Kyle Brennan

Lawyer again takes on Church of Scientology - St. Petersburg Times

Summary: Kyle Brennan, a young man of 20 with depression was visiting his Scientologist father in Florida. His father withheld Kyle's medication on orders from Church superiors and left a hand gun in the open. Kyle killed himself. Instead of calling an ambulance, his father called another Scientologist first and waited almost an hour before dialing 911.

Status: Unknown


8. Ben Kasle child rape case

Man Accused Of Sexually Abusing Minor At Scientology Church

Summary: Scientologist Ben Kasle was arrested in Cinci for allegedly raping a 13 year old girl inside the church of Scientology.

Status: One charge was dropped, Kasle pled guilty to the second charge. Awaiting sentencing.



9. The Chicago office of the Equal Employment Opportunity Commission v James L. Orrington

Chicago dentist to settle forced Scientology, harassment case - Chicago Tribune

Summary: A Chicago dentist has agreed to pay $462,500 to settle federal allegations that he violated U.S. discrimination laws by sexually harassing workers and by forcing employees who wanted to keep their jobs to submit to indoctrination in the tenets of Scientology.

Status: Closed as of January 13th, 2009. James L. Orrington was forced to pay damages.


10. Peter Letterese v The Church of Scientology and Tom Cruise *NEED UPDATE*

Letterese et al v. Church of Scientology International, Inc. et al Document 1 - :: Justia Docs

Summary: Ex Scientologist Letterese is alleging the Church of Scientology is a criminal organization.

Status: Unknown, case was weak


11. Godelman and Le Shay v Diskeeper (Church of Scientology IT company)

Diskeeper loses on Summary Judgment motion

Summary: Two employes of the IT company Diskeeper were fired after being refusing to participate in Scientology training for their jobs.

Status: Currently in trial. As of 5/21/2009, Diskeeper loses Summary Judgment motion


12. US vs Dmitry Guzner

Man Charged In Scientology Website Hacking Case - LA Times

Summary: New Jersey man accused of ddos attacks against church of scientology websites

Status: Guzner pled guilty, sentencing to come in a few months



13. Alabama Woman sues over forced Scientology training at work

YouTube - Clerk Fired for Refusing to Study Scientology
YouTube - Clerk Fired for Refusing to Study Scientology
Woman says she was fired for publicly objecting to on-the-job Scientology teachings - al.com

Summary: A woman working in a WISE operated dentist office in Alabama was forced to study LRH materials and Scientology while at work, which had nothing to do with her job. She was terminated for voicing her disagreement at being forced to study religious texts for her job.

Status: Federal charges filed 2009


14. Pablo Mendoza v Narconon Newport Beach

http://www.courthousenews.com/2009/03/09/Florida_Man_Demands_$29K_Narconon_Refund.htm

Summary: Pablo Mendoza alledged sexual harassment and sexual abuse as part of Narconon's "treatment" for drug rehabilitation.

Status: Settled out of court with Narconon paying Mendoza in May 2009.


15. Jesse Remmers and Peter (Guiseppe) la Serpe hitman case in the Netherlands

Summary: A hitman and accomplace who killed six people before his arrest in the Netherlands. Also allegedly the executive president of the Criminon Foundation Netherlands from December 2004 to October 2005.

Status: Awaiting trial/pending


16. Sean Carasov v Scientology

Charges Dropped Against Anonymous Member Sean Carasov - LAist: Los Angeles News, Food, Arts & Events

Summary: LA Anon Sean Carasov arrested and charged with allegedly making violent threats towards Scientologists.

Status: The entire encounter was filmed and as he did not make threats, the charges were dropped in April 2008, opening up the opportunity for a false police report charge against the Scientologist.


17. Gregg v Scientology

Anonymous CRUSHES Scientology! Victory for Gregg Housh! - YouTube - Truveo Video Search

Summary: Boston Anon "gregg" spent 7 months battling Scientology lawyers on charges of tresspass and criminal harassment for allegedly entering their org.

Status: charges were dropped.


18. Angry Gay Pope Pansy Smasher v Scientology

Summary: was cited for violating committing PC 594(A)(2)(A) of the penal code... vandalism less than $400.00. Case No. SWM084862. After Catherine Fraser submitted "evidence" that the vandalism of the flowers cost the cult in excess of $1,000, the District Attorney upped the charges to a Class B misdemeanor.. PC M594(B)(1) - Vandalism Greater $400.00.

Status: AGP is to be formally arraigned at the Murrieta courthouse in Riverside County on Monday, July 6, 2009 at 7:30 AM. AGP has admitted guilt in the vandalism to the officers that cited him, and said as much in videos, as a protest against Scientology's homophobia. He plans to plead "Not Guilty" in the matter



19. AO v Scientology

Summary: has been charged with PC 602 -Trespassing on real property w/out consent and PC M242 Battery on a Peace Officer. Both are misdemeanors. Case No. SW D08300041. He has plead not guilty to the charges.

Status: His trial was scheduled to start June 15, but a judge accepted a motion filed by AO's attorney to reschedule the trial to start on Tuesday, August 11, 2009 at 8:30 AM at the Murrieta Courthouse.


20. Nashville Assault Case

Nashville Assault: Trespassing Charges Dropped!

Summary: During the opening of Nashville's ideal celeb center, an Anonymous protester was attacked and arrested for alleged aggravated tresspassing. Video evidence shows the protester being attacked from behind after compling with orders to leave the area.

Status: All charges were dropped. The investigation found the off duty police officers acted inappropriately, that the areas cordoned off by the Church of Scientology were permitted for the previous day and had expired by the time the "tresspassing" allegations were made, and there were enough bologna sandwiches for all of us.


21. Potential Suit of the City of Alberquerqe v Second Chance *NEED UPDATES*

SND Records: Second Chance Owes $672K: City, State, IRS Among Unpaid

Summary: Scientology front Second Chance was shut down for illegally housing violent criminals and smuggling people who weren't supposed to be there off the property. Second Chance owes more than $600,000 in back taxes, rent, and utilities.

Status: The City of Alberquerqe is considering a lawsuit to force payment. No word yet on the status.

http://forums.whyweprotest.net/123-leaks-legal/current-recent-lawsuits-cos-scientologists-47160/#post893544


Title: Re: Lawsuits
Post by: Ididntcomeback on July 07, 2009, 05:08:55 PM

                                         New lawsuit filed

Wife sues Narconon. Says Deception, Civil / Human Rights Abuse, Intolerant Culture Exist.
by Mary McConnell
Monday Jul 6th, 2009 12:35 AM

    A lawsuit was filed in Nevada County, CA last week by a woman who paid for rehabilitation help for her then fiance, only to find out that she was repeatedly deceived and the services were dangerous and not as promised. Scientology practices, made Daniel Locatelli subject to verbal attacks, often of an anti gay substance. He was denied medical care when he needed it and the staff kept him and his belongings against his will when he asked to leave. He finally escaped after 4 days.
See docs here plus more info re the lawsuit...

http://www.indybay.org/newsitems/2009/07/06/18605842.php


Title: Re: Lawsuits
Post by: Ididntcomeback on July 10, 2009, 09:25:34 AM
                            July 09 update on labor cases


As some of you may or may not know, the ongoing labor lawsuit against CSI was removed to Federal Court by CSI and their attorneys. It is assumed that they did this to buy themselves some more time to wiggle their way out of this mess. It also appeared to be because the judge hearing my case in the State Supreme Court was the same one that handed them their asses in the Diskeeper case. So they had to make a quick move. Of course, this all happened the same week they got sent the SP Times story weeks in advance of its publishing.


As it turns out, moving the case to federal court has slightly sped up the process and we will likely move much quicker through the back and forth now due to their actions.

Upon being assigned to Federal Court, the Judge that the case was to be heard by just happened to be an attorney that  used to be a partner in a firm that used to represent CSI. Shortly after the case was assigned to her, she reclused herself and the case is now assigned to a different Federal judge.

Yesterday, we filed a Motion for Summary Adjudication that I was an employee for the 15 years that I was employed by CSI. If this is ruled on in our favor, we can move on to establishing which laws were broken and adjudicate the proper remedies.

If anything else comes up, I will let you know.

Dox below.

Until next time...

BFG


Three more documents in the case are now filed and can be seen here:


Motion for Summary Adjudication - Fullscreen

Motion for Summary Adjudication - Declaration - Fullscreen

Motion for Summary Adjudication - Memorandum - Fullscreen

http://forums.whyweprotest.net/299-marc-headley-v-church-scientology-international/july-09-update-labor-cases-49004/#post930102


Title: Re: Lawsuits
Post by: Ididntcomeback on July 19, 2009, 07:50:23 AM
               Progress on the Kyle Brennan lawsuit

Ken Dandar wins another in Kyle Brennan wrongful death suit
This is short and sweet. The cult filed a frivolous motion for sanctions against Dandar, apparently because he should be punished for suing them (there really wasn't any merit to it at all).

The long and short of it is their motion was denied in a one page ruling stating simply that it "lacks merit," and unfortunately, not taxing the cult with the attorney's fees and costs for their bullshit.

Dandar's reply to the cult's frivolous motion discusses the cult's practices of legal harassment.


http://buttersquash.net/archives/kyle-brennan-09-cv-00264-sdm-eaj-36.pdf


Courts ruling...

http://buttersquash.net/archives/kyle-brennan-09-cv-00264-sdm-eaj-42.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on August 27, 2009, 05:10:11 PM
                From anonorange

Gold Base: Hospitality Construction vs CoS. Court documents
I purchased most of the important court documents regarding the Hospitality Construction vs CoS for your review.

Basically, back in 2002, the CoS contracted Hospitality Construction (a Florida company) to make the berthing units at Gold Base. The contract was for approximately 12.7 million. The work was started and approximately 260K of work had been completed, when the CoS decided to cancel the contract and do the work themselves. Hospitality construction sued for the wok done in 2003 and placed a lien on their property. It took 5 years and a lot a court hassles get a settlement. Lots of changes of judges and various motions were filed. And of course, the berthing units are still not finished.

Some lulzy items are for example, Moxon trying to file a contempt of court against Hospitality and then having to retract it.

This needs to be posted on Arnie's website as well as others such as WWP, Xenu.net and ESMB.

I'm sure the legal types will enjoy reading these documents. What I get out of this is that Scientology does not honor their contracts and instead of paying a relatively small amount (compared to the entire contract), they will insted spend years in court fighting it. They ended up losing anyway. Those of you who were on location at the time may have a different perspective.

Orange
http://www.megaupload.com/?d=9ISLNKEZ


Title: Re: Lawsuits
Post by: Ididntcomeback on September 22, 2009, 09:05:46 AM
         Woman says she was fired for publicly objecting to on-the-job Scientology teachings

A Pinson Baptist has sued a Warrior dentist, claiming she was fired from her job after she said on the "Rick and Bubba" morning show that Scientology was being forced upon her in the workplace.

Cortnie L. Beasley contends in a federal lawsuit that on the first day she reported to work at Dr. Susan Wells' office she was taken to the office's basement and was required to read a book by L. Ron Hubbard, the founder of the Church of Scientology.

The discrimination lawsuit, filed in Birmingham's federal court, said Beasley was asked to sign a staff training waiver allowing her to be trained on the teachings during work hours. She began working as an insurance billing clerk on Oct. 15.

The "plaintiff felt that if she did not sign the staff training waiver allowing on the job training of the teachings of L. Ron Hubbard that it would affect her job," said the lawsuit filed by Birmingham lawyer Cynthia Wilkinson on Beasley's behalf.

Efforts to reach Wells were unsuccessful Thursday.

Beasley was fired Oct. 22 after she called in to the "Rick and Bubba'" show while on her way to work, according to the suit. The lawsuit said she told them she was Baptist and objected to Scientology views being forced upon her at work. The lawsuit said the radio personalities often discussed Scientology on the show.

Rick Burgess said Thursday that he could not recall the specific incident, but said there have been discussions about Scientology on the show, as well as other religions.

Beasley's complaint said the radio show was playing in the office when she got to work and she felt a "coolness" from the staff but began working.

She was fired from the $11.50-an-hour job almost immediately after reporting to work and was told, "This is not working out," according to the lawsuit filed Tuesday....

http://www.al.com/news/birminghamnews/index.ssf?/base/news/121274018814080.xml&coll=2


Updated video of this case available here...

http://forums.whyweprotest.net/123-leaks-legal/al-com-alabama-woman-cites-scientology-suit-over-job-loss-17325/3/


Title: RIVERSIDE DA DISMISSES CASE AGAINST ANON ORANGE.
Post by: rockyslammer on October 15, 2009, 11:29:15 AM
I have just been advised by the Riverside County District Attorney's
Office that at the next court appearance the pending charges, for
trespass and battery upon a peace officer, against Anonymous Orange
will be dismissed under California Penal Code section 1385. That
section is discussed in the Supplemental Memorandum re "Suggestion of
Dismissal" which is posted at Angry
Gay Pope Home Page (http://www.angrygaypope.com).

I congratulate AO on successfully persisting with his defense and I
thank everyone who provided constructive assistance and useful
information.

I have been drafting the AO complaint for damages against the Church
of Scientology and its responsible employees. It will be filed and
served soon.

Graham Berry


Title: Re: Lawsuits
Post by: Ididntcomeback on October 16, 2009, 12:19:12 AM
Excellent news.
Thanks for letting us know about this Rocky.

Miscavige needs another stress test !


Title: Re: Lawsuits
Post by: Ididntcomeback on November 20, 2009, 11:26:42 PM
                         Co$ being sued (again)


Looks like Barry Van Sickle and Graham Berry are at it again!

Page 1
BARRY VAN SICKLE
ATTORNEY
AT LAW
1079
SUNRISE
AVENUE
·SUITE
B-315
• ROSEVILLE·
CA .95661
PHONE:
(916)
549-8784
• EMAIL:
BARRYVANSICKLE@COMCAST.NET
November 11, 2009
VIA U.S. MAIL
Mr. Mislav Raos
IAS Administations
1311 N. New Hampshire Ave.
Los Angeles, CA 90027
RE:
Kevin & Vicky Mackey
Dear Mr. Raos,
Please be advised that Kevin and Vicky Mackey have retained attorneys
Graham Berry and Barry Van Sickle to pursue their claims for a return of money
taken from them by IAS. In addition to seeking what was taken from them by
lAS, Mr. and Mrs. Mackey are assembling a group of former Scientologists who
also seek a return of IAS payments.
This activity is being conducted in
contemplation of filing a multi-party lawsuit unless IAS demonstrates a serious
intent to resolve these claims without the necessity of litigation.
I have reviewed the correspondence on the matter exchanged between
your office and the Mackeys. The Mackeys have been directed to submit their
claims to the IAS Administrative offices in Los Angeles, California. Accordingly,
we are writing to your office in Los Angeles and contemplate filing litigation in Los
Angeles if necessary
A comprehensive statement of the legal grounds upon which the Mackeys
and others will base their claims against IAS is beyond the scope and purpose of
this letter. In short, the IAS has a history of obtaining money by misleading,
coercing and deceiving its targets. A payment is not "voluntary" in the eyes of the
law if made in circumstances of misrepresentation, deceit, coercion or fraud. IAS
and Scientology "policy", which is typically given as an excuse to deny claims, is
largely irrelevant to this issue.
Mr. Mackey addresses several instances of coercive and fraudulent tactics
in his letter to you dated November 13, 2008. Your response suggests that Mr.
Mackey was uninformed, which is curious as he was there and you were not.
Under common law and California statute, one seeking "donations" for a
supposed charitable or religious cause has a fiduciary duty owed to the person form whom the "donation" is sought. (See e.g. California B&P Code §17510.8 )
This fiduciary duty places a high duty of honesty, candor and good faith upon IAS
in seeking its purported donations.
The events listed in Mr. Mackey's
correspondence
indicate a pattern of deceit and manipulation which would
clearly be a breach of fiduciary duties.
In addition to deceit and coercion regarding the activities of lAS, and
where the money actually goes, there is the fact that IAS "donations" are part of
the purchase price for obtaining upper level services. Obtaining IAS payments
by misrepresentation, coercion, deceit and as disguised payment for services,
also brings consumer protection laws and unfair business practice laws into play.
This will not be the first in a series of letters written for refunds. I suspect
that litigation will be required. If the Scientology enterprise has a serious desire
to avoid litigation over IAS activities, now is the time to address these claims.
Sincerely,

BVS/kvs
CC:
Kendrick Moxon (by ernail only)
Graham Berry (by ernail only)
Kevin Mackey (by ernail only)


Title: Re: Lawsuits
Post by: Ididntcomeback on November 23, 2009, 10:36:09 PM
                   Former Staff Sues the Phoenix Org (CoS of Arizona)





 Former Staff Sues the Phoenix Org (CoS of Arizona)
A former staff member (the DIV 6 PES, an Exec of all things) of the Phoenix Org is suing the Church of Scientology of Arizona (aka the Phoenix Org) for reimbursement of Church related expenses that he paid for out of pocket when he was assured he would be reimbursed since the Phoenix Org doesn't have a credit card in its own name even though it was discovered after the fact that they have hundreds of thousands of dollars in various bank accounts at Wells Fargo.

There are two cases in the Phoenix Downtown Justice Court. The hearing for both is set for December 9, 2009. The first is being heard at 3PM and the second at 3:15PM.

The case numbers are CC2009-585007 and CC2009-585010. The judge hearing the claims is the Honorable Armando Gandarilla.

HOWEVER, one of the Phoenix Org members is also a fill-in judge that sits on the bench around the county - Richard Hayworth. NOTE - RICHARD WAS ALSO HIGHLY INVOLVED IN OSA, but is only a member now of the Phoenix Org (supposedly). An OSA person that's now a judge in Phoenix? I wonder if he'll try to influence the Judge hearing to side with the Church.

The local Anon Group might want to show up. The Executive Director, Karen Mosher, was personally served the court paperwork while having a fund raising meeting with a committee. She was named in the complaint.

http://forums.whyweprotest.net/123-leaks-legal/former-staff-sues-phoenix-org-cos-arizona-57141/#post1077015


Title: Re: Lawsuits
Post by: Ididntcomeback on November 25, 2009, 06:18:24 AM
               Ex-Scientologist sues the cult for loss of girlfriend and business


The Independent UK
22nd Nov 09


A businessman is suing the Church of Scientology for hundreds of thousands of pounds, claiming that he lost his girlfriend and business after she became indoctrinated by the controversial self-styled church.


David Craig, who at one time joined the Scientologists, claims that he was persuaded to pay out more than £170,000 to the "spiritual cult" after his partner, Irina Glaser, was recruited by Scientologists. When, however, Mr Craig threatened to fight for custody of their infant son, he claims that Scientologists told him he would be expelled if he did not use their own judicial system to determine the case. The Scientologists did not wish to use what they referred to as "wog courts" (a derogatory term for the mainstream legal system), according to court documents seen by The Independent on Sunday.

The 48-year-old, from Lyndhurst, Hampshire, eventually left the church in 2004, according to court papers. Now his impending High Court case threatens to expose the inner workings of the notoriously secretive organisation. Last week an Australian senator labelled Scientology a "criminal organisation", and Prime Minister Kevin Rudd hinted at his support for an inquiry into the organisation when he said: "I share some of those concerns."

In France, Scientology is currently embroiled in a landmark case where it has been accused of ruining lives and illegally prescribing drugs. The German government has recently moved to ban the organisation.

...continued in article link...


http://www.independent.co.uk/news/uk/home-news/exscientologist-sues-the-cult-for-loss-of-girlfriend-and-business-1825557.html


Title: Re: Lawsuits
Post by: Ididntcomeback on November 26, 2009, 05:12:24 PM
          David Miscavige sued, summons issued 11.25.09



 This is to announce that as of today, November 25, 2009, David Miscavige has been sued and a summons has been issued notifying him of the complaint.

Also sued are defendants Church of Scientology International, Religious Technology Center and does 1-20.

A copy of the complaint can be found at:
http://www.scribd.com/doc/23175190/Complaint-filed112509

The suit has been brought on behalf of John Lindstein by attorneys Barry Van Sickle and Graham Berry for, amongst other things, human trafficking.

Read how John started working for organized scientology at 8 years old and was working 15 hour days at manual labor by the age of 10. At the age of 12 John was taken from school and hired by Golden Era Productions.

This complaint does not go into the detail that some of the other complaints have gone into but it does list various labor and other abuses carried out on John by the scientology enterprise.

The complaint covers that David Miscavige controls the entire scientology enterprise and is the chief perpetrator of the torts and violations of law including the crime of human trafficking.

The complaint points out how the entire scientology enterprise is essentially a sham designed to hide and obscure the absolute and unchecked control by David Miscavige who is personally responsible for the violations of law listed.

I will leave the rest to those who wish to read the complaint.

Oh how young are the children taken and abused by this insidious cult!

I pray that the FBI and other appropriate governmental bodies take notice, defend our children and do something about organized scientology and their sickening practices of human trafficking and other forms of abuse.

I leave you with these few words from a summons issued today, November 25, 2009: "David Miscavige...you are being sued by ...John Lindstein". The body of the summons starts with this message to David Miscavige: "NOTICE! You have been sued".

It is begun!

Posted by Larry Brennan


Title: Re: Lawsuits
Post by: Ididntcomeback on December 19, 2009, 06:34:11 PM
                         Lawsuit alleges abuses at Golden Era

WAGES SOUGHT: Scientology official denies conditions at compound described in the suit.
By CHARLES HAND / The Valley Chronicle
Published: Friday, December 18, 2009 1:11 PM CST

A lawsuit seeking unspecified back wages describes the Scientology compound outside San Jacinto as a virtual prison camp in which workers are forced to put in long hours in exchange for little pay, to give up their children to a boarding school where they are taught only about Scientology, and to give up their right to communicate with those on the outside.

Scientology spokeswoman Catherine Fraser declined an interview to discuss the allegations and asked for a list of questions in writing. She declined to answer questions about the lawsuit, saying she would answer only general questions about living conditions at Golden Era Productions.

Fraser said Scientology officials could not answer the other questions because they had not been served with the suit.

Nonetheless, she said in a written response: “With regards to your other outrageous questions about our staff, they are categorically denied.”

Barry Van Sickle, a Roseville attorney representing John Lindstein, acknowledged notice has not been served on officials at Gold Base, as the San Jacinto Scientology compound is known in some circles, but he has spoken repeatedly with officials and their attorneys.

Van Sickle said he has told the Scientology lawyers he plans to turn the complaint into a class action to represent not only Lindstein, but other former workers at the compound.

In a complaint filed with the California Superior Court in Los Angeles, Van Sickle accuses Scientology officials of human trafficking, violations of wage and hour laws, and illegal business practices primarily regarding labor issues.

In the suit, Lindstein alleges that he was separated from his parents when he was 8 years old and sent to a boarding school, where he was denied a general education and given books by Scientology founder L. Ron Hubbard to read.

Fraser said the school was closed 10 years ago when there were no more children of Scientologists to educate.

She said her own son attended the school and she knows he was doing well “because I saw him and he looked great.”

He is now grown and working overseas, she said.

“The children who attended this school performed physical chores like most other children, but were never forced to engage in any manual labor that was either unsafe or prohibited by law,” said Fraser in her written response.

Lindstein alleges that, as a minor, he was put to work at physical labor, including construction jobs, for long hours, sometimes so long that he was deprived of sleep.

When he was older, he was assigned to the movie production studio the Scientologists operate there and forced to work long days, sometimes 24 hours at a time, transferring L. Ron Hubbard material from film to digital disks, according to the lawsuit.

“This was tedious frame-by-frame work that would normally cost more than $400,000 per movie to accomplish at industry rates,” says the court complaint. “Plaintiff and his crew of five did this for only $50 per week, thus saving defendants thousands of dollars.”

“Golden Era Productions does not use child labor and complies with all labor laws,” Fraser said in her written response. “The youngest Sea Org member currently is 26 years old.”

The Sea Org, short for Sea Organization, is the Church of Scientology’s religious order.

Lindstein contends in his lawsuit that he was virtually imprisoned at the San Jacinto compound, unable to leave without permission.

His mail was censored, he contends.

Fraser denied anyone is held at the compound against their will. Another Scientology representative, Muriel Dufresne, said those living at the compound are not denied contact with the outside world.

On the other hand, said Dufresne, she would not allow a reporter from The Valley Chronicle access to the compound or allow a reporter to talk with the people living and working there without interference.

“Golden Era does not permit unsupervised tours of its facilities,” said Fraser in her written response to questions about the lawsuit. “I don’t know of any religious order that would permit non members, let alone a reporter, to wander the property unsupervised. I would be happy to provide a tour at a mutually convenient time.”

Both Dufresne and Fraser conceded that the compound is enclosed by fences, parts of which have sharp metal prongs that appeared to be intended to wound anyone trying to get over the fences.

Fraser said the brand name of the devices is Ultra Barrier.

They are not installed on all the fences.

Fraser said they are mostly on the back portion of the 500 acres to prevent people and animals from intruding.

A location accessible by public roads has the Ultra Barrier mounted on the inside of the fence, however.

The compound’s perimeter is also monitored by cameras, lights, and what appear to be motion or sound detectors mounted on the fence posts.

Though Fraser would not discuss the possible presence of motion or sound detectors, Lindstein’s lawsuit said the sensors are intended to detect attempts to leave the compound without permission.

Anyone caught trying to leave, says the suit, is subjected to emotional and physical harassment, including corporal punishment.

Fraser conceded Scientologists use cameras to monitor the perimeter, as well as the public property of Gilman Springs Road, which bisects the compound and connects Highway 60 and Lamb Canyon with State Street just north of San Jacinto.

“If you had visited any of the major (movie) studios in Los Angeles, you would have seen that they resemble fortresses, with thick high walls and massive gates,” Fraser wrote. “This look would not integrate well with the rest of the valley. We do, however have the same security concerns as do those studios ...”

Scientologists, citing safety concerns, are trying to get Gilman Springs Road closed so they can end public use.


http://www.thevalleychronicle.com/articles/2009/12/18/news/doc4b2bbce16eda1746780144.txt


Title: Re: Lawsuits
Post by: Ididntcomeback on December 23, 2009, 06:52:35 PM
            Anti-Scilon lawyer, Barry Van Sickle, gets major backing...


"There has been a major development in the IAS multi party action.

The Metzger Group, which specializes in contingency class action type claims have weighed in and are backing both the IAS action and the Human trafficking cases. They have formed a partnership with Barry Van Sickle that will deal with the Scio claims.

This is great news for several reasons. The first is that it is a sign of a shift in sentiment amongst the legal community, there has been a dirth of solicitors to take on the CofS, now more players are shaping up to the Cof$ in court."


Title: Re: Lawsuits
Post by: Ididntcomeback on January 06, 2010, 11:24:31 PM
Church of Scientology Sues Daughters of St. Paul for Publishing Book by Catholic
By Randy Sly
1/6/2010

The lawsuit puts Scientology at risk of building a greater enmity with Catholics around the world.

Maria Pia Gardini, a Catholic author who was formerly a Scientologist and has returned to the Catholic Church, has written 'The Courage To Speak Out - Stories of Ex-Scientologists'.
Maria Pia Gardini, a Catholic author who was formerly a Scientologist and has returned to the Catholic Church, has written 'The Courage To Speak Out - Stories of Ex-Scientologists'.
WASHINGTON, D.C. (Catholic Online) – The Church of Scientology in Italy has announced it is initiating legal proceedings against the Daughters of St. Paul and Maria Pia Gardini, a Catholic author who was formerly a Scientologist and has returned to the Catholic Church.

In 2007 the Daughters of St. Paul's publishing house, Edizioni Paoline (Paoline Publications), published Gardini’s first book, ” I miei anni in Scientology” (“My years in Scientology”). The first week of December, 2009 they released her second book, “Il coraggio di parlare - storie di fuoriusciti da Scientology” (“The Courage To Speak Out - Stories of Ex-Scientologists”).

As reported on the Clerical Whispers Blog (clericalwhispers.blogspot.com), the books, co-authored by Italian Catholic journalist Alberto Laggia and Italian Catholic Maria Pia Gardini, have been widely reviewed in Italy.

“Gardini is a former adherent of Scientology and member of its Sea Org elite, who run everything in Scientology and its front groups under the leadership of David Miscavige. She returned to full practice of Catholicism after leaving.”

“Whispers” notes that the lawsuit, along with reports of forced abortions in Sea Org, puts Scientology and its leader David Miscavige at risk of building a greater enmity with Catholics around the world.

In September of 2009 a lawyer for the Church of Scientology in Italy sent a warning letter to Giardini and the publishing house, warning them that they were engaged in libelous attacks. The letter was also signed by the head of the Italian group.

In announcing the upcoming legal action, Paoline Publications was not specifically mentioned as it was in the September warning. However, they did state that the suit would name "whomever assisted her with activities that the Church considers detrimental to its image." Not only would this include the publisher but possibly the 14 ex-Scientologists who contributed to the second book.

Whispers referenced an interview with Gianni Leone, editor of the Italian language online magazine “Mondo Raro” based in the UK. In the interview a Paoline spokesperson said,

“We live in a free country and a publisher has the obligation to be as accurate and as steadfast as possible, because it is not a crime to report the facts when they exist and can be documented.”

“The issues which are dear to our hearts and about which we have and will continue to take a stand are peace, justice, dialogue among different religions and cultures, more from the viewpoint of what unites rather than from what divides them. In this time marked by fear and distrust of others, these are uncomfortable but urgent issues.”

The lawsuit just adds another line to the litany of issues and events plaguing Scientology, with opposition to the movement seemingly growing stronger in recent years. A number of tell-all books, in addition to the two by Ms. Giardini, are currently available.

In June of 2009 the St. Petersburg (FL) Times wrote a series of articles regarding Scientology called “The Truth Rundown.” In November, a Times editorial called for an investigation of the group.

The lawsuit strikes at the very heart of the mission of the Daughters of St. Paul.

For them, publishing is not a sidelight but a central focus of their ministry around the world. As their mission states: “We are women consecrated like Paul the Apostle to be apostles of Christ to the world of today, announcing the message of reconciliation using the means of communication.”

“Sisters with gifts and training in art, writing, design, editing, music, photography, public speaking, audio recording, administration, production and diffusion, work together, alongside the laity, in a many-faceted mission with the common goal of proclaiming Christ and his gift of salvation.”

According to their website, Blessed James Alberione founded the Daughters of St. Paul in Alba, Italy, in 1915. He chose a young seamstress, Teresa Merlo, to be the Co-Foundress of this new community of women and the first Mother General.

When the first sisters pronounced their vows on July 22, 1922, Teresa asked the Founder what name she should take. He responded, “Take the name Thecla, the first disciple of St. Paul.” And so these first Daughters of St. Paul began what would become within 15 years a congregation spread throughout the world, with an innovative apostolate that was precisely what the Church needed in the 20th Century.

In 1931 sisters were sent from Italy to open new houses in Brazil and Argentina, and in 1932, the congregation was founded in the United States.

The Daughters see a part of their mission as providing resources regarding dangerous influences on Catholic families, including cults. These two books are their first concerning Scientology.

Today, there are over 2500 Daughters of St. Paul internationally. As a part of their communications mission, they manage 14 bookstores in the U.S. and Canada, 47 in Italy, 3 in Australia along with many more around the world.

As Clerical Whispers stated, the Daughters of St. Paul have shown the courage of St. Paul and their founder, Blessed James Alberione.

-----

http://www.catholic.org/international/international_story.php?id=35140


Title: Re: Lawsuits
Post by: Ididntcomeback on January 10, 2010, 03:56:07 PM
             New Bound Brook councilman facing lawsuit against his business from former employees

Central Jersey


BOUND BROOK — Calling a lawsuit brought against his business as "replete with misrepresentations and outright lies,'' a new member of the Borough Council is denying the charges, including one that an employee was fired for not becoming a member of the Church of Scientology.


John Buckley, who on New Year's Day was sworn into a three-year term as a councilman after winning a seat in the November election, said he and his company, Open House Direct "will vigorously defend against these unfounded claims
and to also demonstrate that this is nothing but an attempt to harass us and to hurt our ability to do business.''

Three former employees — Maurice Grays, John Knapp and Larry Kolakowski — last month filed suit in Superior Court seeking legal relief, claiming they were victims of a hostile work environment and retaliation at the company on Hamilton Street.

Open House Direct is a corporate health and wellness company that provides health-related services, such as health fairs, screenings, vaccination clinics and "stress down'' events. Buckley co-own the firm with Maria Leamy.

Grays began work with the company as an exhibitor sales specialist in January 2006, according to the suit filed by attorney Ronald Wronko of Florham Park. During the hiring process, Grays was required to take several "entrance examinations based on the teachings of the Church of Scientology'' because the company used Scientology-based literature to train employees on sales and business administration, according to the lawsuit.

In 2006, Grays attended several Scientology courses at the Church of Scientology in New York City with the understanding they would assist him in his job.

Two months after receiving a favorable work evaluation and a raise, Grays separated from his wife in November 2007 and Open House Direct loaned him $1,300 to find a new apartment and $1,000 to pay bills. But Buckley and Leamy "began harassing'' Grays to become a Scientologist, the lawsuit charges.

The two owners then tried to compel Grays to take a course called "Purification Rundown'' as a condition of his employment. According to the lawsuit, the purpose of the course, which Grays refused to take, was to remove toxins from the body.

For Page 2 go here... And read comments
http://www.mycentraljersey.com/article/20100109/NEWS/100109003/New+Bound+Brook+councilman+facing+lawsuit+against+his+business+from+former+employees

and here...
http://scienceblogs.com/dispatches/2010/01/another_scientology_lawsuit.php


Title: Re: Lawsuits
Post by: Ididntcomeback on January 15, 2010, 06:59:55 AM
      Writ of Garnishment Filed Against CoS Arizona - Wells Fargo


Today, a Judge signed off on a Write of Garnishment of Non-Wages against the Church of Scientology of Arizona for failure to pay the plaintiff, Slade Grove, former PES of the Phoenix Org, the money that he was awarded in two small claims actions last month in Maricopa County.

He was forced to take legal action against the Org since they didn't reimburse him for Org related expenses that he paid for while on staff. The ED, Karen Mosher, failed to issue payment even after the Judge ordered them to pay him.

The Writ was served on Wells Fargo, the Church's bank. Wells Fargo was ordered to freeze the various bank accounts belonging to the Church. Well Fargo will now have to file paperwork with the Court indicating the amounts of money in what accounts belong to the Church providing the court with insight into the financial health of the Church.

Once this is done, the Judge will then review the account information and order that Wells Fargo, pull money out of the defendant's accounts to satisfy the monetary judgment ordered by the court with interest.

http://offdainnertube.blogspot.com/2010/01/scientology-loses-in-small-claims.html

http://forums.whyweprotest.net/123-leaks-legal/writ-garnishment-filed-against-cos-arizona-wells-fargo-59713/


Title: Re: Lawsuits
Post by: Ididntcomeback on January 31, 2010, 02:29:22 PM
               March 8 @ 9AM - Phoenix Org hauled back to Court


Mark your calendars boys and girls...

The Church of Scientology of Arizona (the Phoenix Org) is being hauled back into court for a Debtor's Examination due to non-payment of the December 2009 judgment against them.

They Judge signed off on the paperwork late Friday afternoon when he found out the Church is in contempt for not paying the judgment against them.

How ever, this time, the Judge has ordered the Flag Banking Officer (Jurgen Brock), the ED (Karen Mosher) and one the the Directors of the Corporation (Diane Koel) who's also the Class VI Auditor for the Org to appear in court and answer from very details questions and to fully explain the Org's finances, assets, sources of money, and more importantly, to follow the money trail.

This is an epic win... they will have to fully layout the Org's finances to the court and then it's public record.

If anyone has specific Questions that are valid, financial questions that they would like to see on the record, please post them here.

Come one.. come all.. Let's watch the Org get bitch slapped by the Judge and the financial structure laid out for all too see!

http://forums.whyweprotest.net/123-leaks-legal/march-8-9am-phoenix-org-hauled-back-court-60610/#post1142818


Title: Re: Lawsuits
Post by: Ididntcomeback on February 04, 2010, 07:01:59 AM
                      Laura D. & other litigation - a little update


Here is a little update on matters having to do with litigation against the cult's abuses/crimes.

Hopefully I will be able to follow this posting shortly with some docs that will be available by then.

A new complaint was filed on Feb 2, 2010 in the Laura D. case. The new complaint features wrongful abortion and infliction of emotional distress claims. It seeks emotional distress damages for coerced abortions, the RPF and such. Some changes have been made with respect to earlier charges.

RTC is added as a defendant. Some of the "waivers" and non-disclosure dox from the Headley cases were attached. (The AGP photos of the spiked fence were almost added).

What gets to me the most about this had to do with Laura being deposed. Laura did very well and has every reason to be proud. But, being what organized scientology is, they were very tacky and lied on the abortion issue. It was her fault--it was against the rules , they had important duties and no means to raise a child, etc.

With their callused questions designed to cloak their lies and abuses, Laura was in tears but she gave them a tongue lashing. She had incredible courage to go through this and is now one of my heros in the best possible sense of the word. So is Barry Van Sickle who has had the courage to fight this when almost no one was backing him up and organized scientology was doing their best to stop him. Times are different now.

If OK with Laura and otherwise OK the video of this may be bought and parts posted. They show the real face of organized scientology and, in doing so, make them look bad.

Brace for more news of compelling Diminished Davey to testify and also more on an IAS case.

More depos are also on the horizon.

I understand that the cult is now trying to avoid depos of myself, Rathbun and Rinder. In my case at least they are going to be very disappointed. The truth will come out no matter what they do to try to stop it.

More to follow by way of update once it is available and OK to post.

The intensity of this part of the shit storm is now increasing. Expect much more as truth goes marching.

This will not end well for the bad guys!
Anon of the Opera!!!

Christine: "I am the mask you wear"
Phantom: "It's me they hear"

My blogspot: http://larrybren.blogspot.com/


Title: Re: Lawsuits
Post by: Ididntcomeback on February 04, 2010, 03:36:38 PM
              Update DeCrescendo suit against CSI - Fraud added


As per a posting I just made on WWP here is an update:

http://forums.whyweprotest.net/123-l...d-added-45533/

An amended complaint has now been made in the legal action of Laura DeCrescenzo vs. the church of scientology international.

A copy of the newly amended complaint can be found at:

http://www.scribd.com/doc/15348562/1...PLAINT-Laura-A

Laura's complaint has been amended to add a claim for fraud because evidence is now at hand that organized scientology knew their "staff" documents would not be enforceable or effective, but used them anyway to intimidate employees.

Also, additional law including federal law has been added to the human trafficking claim, a subsection addressing the freeloader debt has been added, and a very useful California Supreme Court case has been added to the mix.

The complaint is very long and much of it has not been changed except for cosmetic reasons. Most of the changes and additions are in paragraphs 10, 14, 22-26, 42, 48, 51, 71-77, and 101-end.

Apparently there will be irrefutable testimony showing the fraud behind these agreements going back to the mid 70s and including people directly involved in same who actually worked with the diminished one who knows all about it. IMHO one person especially, whose name I will not mention but his initials are "David Miscavige", knew about the fraud all along and gave orders to perpetuate it.

As I understand it, this fraud charge is indeed quite serious, not to mention the other matters referred to above.

Much more is coming but this is an update to go with Marc's update on his own suit.

I do believe that the perfect shitstorm is forming in the western skies.
__________________
"Oh make no mistake. It's not revenge he is after, it's a reckoning". - Doc Holiday

My blog: http://larrybren.blogspot.com/
sendpm.gif


Title: Re: Lawsuits
Post by: Ididntcomeback on March 05, 2010, 08:06:13 AM
           Check this out.

Then watch this space.


http://img691.imageshack.us/img691/6383/585010cosaz.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on March 28, 2010, 10:46:15 AM
                        Ex-Scientology lawsuits reveal elite Sea Org group

AP
27th March 2010
SAN JACINTO, Calif.

At the edge of arid foothills far outside Los Angeles, hundreds of Scientology followers live on a gated, 500-acre campus and work long hours for almost no pay reproducing the works of founder L...

   

At the edge of arid foothills far outside Los Angeles, hundreds of Scientology followers live on a gated, 500-acre campus and work long hours for almost no pay reproducing the works of founder L. Ron Hubbard and creating the church's teaching and promotional materials.

The church says its 5,000 so-called Sea Organization members are religious devotees akin to monks who are exempt from wage requirements and overtime. But two lawsuits filed by two former Sea Org members, as they are known, allege the workers are little more than slave laborers, forced to work 100-hour weeks for pennies and threatened with manual labor if they cause trouble.

Marc Headley and his wife, Claire, are seeking back pay and overtime that could add up to $1 million each, according to their attorney, Barry Van Sickle.

Experts say the plaintiffs face an uphill battle; one similar lawsuit in state court has already been dismissed, although the plaintiff plans to appeal.

But the dispute has nonetheless focused unwelcome attention on the Sea Org, which operates as a nerve center for the church's most important business. While Sea Org members hold positions of authority within the international church, from the public relations team to the top leadership, lower-ranking members make up much of the work force.

The members are Scientology's most devoted followers: they sign a billion-year pledge, vow not to have children and live and work communally.

Scientology has been sued by disgruntled members before, but experts believe these suits are the first to use labor law to challenge the premise that the Sea Organization is akin to a fraternal religious order.

A victory for plaintiffs would "certainly go to the heart of Scientology's self-identification as a religion," said J. Gordon Melton, director of the Institute for the Study of American Religion and author of a scholarly book on Scientology.

"If they were to win this suit and the people who are in the Sea Org decided they wanted money, that would lead to, if not the collapse, then a great deal of harm," he said. "They depend upon these people."

Marc Headley devoted half his life to churning out the works of Scientology founder L. Ron Hubbard on an assembly line before working on in-house films and designing the audiovisual displays seen in Scientology churches worldwide.

Headley, who claims he escaped the gated facility in 2005, says he and others were threatened with forced labor and psychological abuse if they caused trouble.

"These folks are working for a year or two or three in a row on an hour or two of sleep a night. They're zombies," Van Sickle said. "If people had some money in their pockets or a good night's sleep, they probably wouldn't stick around."

The Church of Scientology vehemently denies the allegations and claims the plaintiffs are liars looking for money.

"When you sign up as a Sea Org member, you're signing up as a member of a religious order," Jessica Feshbach, a church spokeswoman and 16-year Sea Org member, said of the plaintiffs. "You're a volunteer. You sign a contract that says, 'I'm not going to be paid minimum wage and I know that.'"

Headley's federal lawsuit, which alleges labor violations at the Hemet facility, is set for trial in November in Los Angeles. His wife, Claire, makes similar allegations, but also claims she was coerced into having an abortion to comply with the Sea Org members' no-child policy, Van Sickle said.

The lawsuits are similar to unsuccessful claims filed by an ex-seminarian who left the Roman Catholic church and sued for minimum wage over menial labor, said Melton, the Scientology expert. A federal appeals court last week upheld a finding that minimum wage law did not apply.

Headley joined Sea Org at 16 after being raised by Scientologist parents. He moved to the gated campus near Hemet in 1989.

At first, he devoted himself to Hubbard's teachings, a blend of Eastern religion, alternative psychology and management theory.

Practitioners believe they can eliminate negative energy from past lives through study and "auditing" sessions that use electronic devices called "e-meters" to detect mental trauma. Adherents hope to attain a state called "clear" before becoming "Operating Thetans," or pure spirits.

called ministers — live communally and often wear maritime-style uniforms with ranks.

Headley, 36, says he began to question the religion while working for an average of 39 cents an hour to mass produce cassettes that he says cost the church $1 to make but sold for $75. He also helped make CDs and DVDs and the expensive e-meters used in auditing sessions before graduating to working on in-house film production, he says.

In 15 years, he said he earned $29,000, a total he surpassed in his first year of business on his own.

Church leaders, who have labeled Headley a heretic, dispute his story and say he was an incompetent troublemaker.

Sea Org members happily receive room and board, medical and dental care, a $50 weekly personal allowance, three weeks of annual vacation and free auditing and religious instruction for their lifetime devotion, church officials said.

Each day includes two hours of Scientology study and short meal breaks.

At Golden Era Productions, about 80 miles southeast of Los Angeles, a guard keeps watch at the compound's main gate.

Inside, some 400 Sea Org members live in hotel-like dorms modeled on Scottish highland architecture and eat in a log cabin-style cafeteria that features super-sized bottles of multivitamins on each table. The grounds include a golf course, a large lake and a network of paths.

until the topic of Headley comes up. During an AP reporter's visit, which was videotaped and photographed by the church, spokesman Tommy Davis repeatedly admonished the reporter for inquiring about Headley and other detractors, whom he called "terrorists" for associating with Anonymous, a group that has targeted Scientology with protests and has hacked into the church's Web site.

and we know they're lying," said Davis. "It's a pretty nice place to live and work, and we feel that way."

Headley, who has written a book about his experiences, said during a phone interview that he endured 24-hour surveillance, roll call three times a day and censored mail. Sleeping quarters were watched at night, floodlights illuminated the campuses and escape routes were blocked during security drills. The church denies that, saying Sea Org members are free to come and go as they please.

Headley said he decided to leave in 2005 after church officials accused him of reselling old film equipment. They said they were going to begin investigating his actions and place him in a rehabilitation camp.

Davis said Headley embezzled more than $13,000, but they never filed suit against him or sought criminal charges.

Headley says he was given permission to sell old equipment on the Internet, and that he never stole anything. He claims he fled on a motorbike with $200, two days' worth of clothes and a cell phone. Security gave chase, but when Headley crashed his bike in a ditch a passer-by called 911 and sheriff's deputies arrived, he said. He thinks the officers scared off his pursuers and prevented his recapture.

Headley's wife got out of Golden Era two weeks later by fleeing a "minder" who had been sent with her to an off-campus doctor's appointment, Headley said. She found her husband through an old e-mail address he never shared with the church.

"There's no shortage of the things Scientology will do to silence their critics," said Headley, who now lives with his wife and two kids in Burbank, where he runs his own audiovisual installation business.

"Hopefully, we can end this and other people won't have to suffer like I did."



http://www.foxnews.com/us/2010/03/27/ex-scientology-lawsuits-reveal-elite-sea-org-group/

And carried by The Daily news.

http://www.nydailynews.com/news/national/2010/03/27/2010-03-27_lawsuits_from_exscientology_members_allege_elite_sea_org_group_are_roundtheclock.html

And more...
http://bennyhollywood.com/blog/scientologys-brutal-sweatshops-revealed-sweatshops.html


Title: Re: Lawsuits
Post by: Ididntcomeback on April 02, 2010, 12:56:01 PM
Translation of a March 31, 2010 Italian article on the UK-based mondoraro.org website (Italy and worldwide news).

Scientology cita in giudizio Maria Pia Gardini per 2 milioni di euro. | MondoRaro, an independent free magazine from UK | IT and Worldwide News
http://www.mondoraro.org/2010/03/31/scientology-cita-in-giudizio-maria-pia-gardini-per-2-milioni-di-euro/

Quote:
Scientology suing Maria Pia Gardini for 2 million euros

by Gianni Leone
March 31, 2010

Scientology is suing Maria Pia Gardini for 2 million euros and has cowardly decided not to face off against the publisher, Edizioni Paoline, or to sue the journalist co-author of her books, Alberto Laggia. The persecutory intentions of the well-known psycho-sect, which is at the center of controversy and trials around the world, are clear.

In the citation [dated March 30, 2010 and available in Italian in a PDF file]
http://www.mondoraro.org/wp-content/uploads/2010/03/citazione-per-2milioni-di-euro-a-Maria-Pia-Gardini.pdf , Maria Pia Gardini is accused of having "behaved and spoken on many occasions with totally unjustified acrimony and anger toward the Church of Scientology" and of carrying out a plan designed to damage the psycho-sect, to defame it and to discriminate against it.

The interesting thing is that Gardini is cited because "the harm caused by these behaviors and injuries was suffered by the Church as an institution representing the Scientology community in Italy as well as by individual believers, who inevitably will be affected by the negative impact of the defendant's claims."

This is lunacy!

It's like saying that no one can legitimately criticize a religion. It's an act of censorship, of extreme legal violence which seeks to isolate, shame, and humiliate Ms. Gardini. For this reason, I not only express my solidarity with Ms. Gardini, but I formally request that Scientology or "Scamology, pay to believe ..." undergo the same treatment applied to Ms. Gardini and be taken to court in Italian territory. I would be delighted to launch a lawsuit against what is one of the most dangerous psycho-sects that operates worldwide. I would be happy to bring before any judge, the testimony and evidence I have gathered about the acts perpetrated by Scientology, which I love to call fondly: Diarrheology.

Like Ms. Gardini, I too, want to be accused of "using terms that are aggressive and clearly offensive, inasmuch as they denigrate the personality and honor" of Scientology.

Let this be a battle against silence and arrogance.

I appeal to the Anonymous group, which for years has fought Scientology worldwide.

My email is gianni.leone@mondoraro.info. I respectfully ask that you send to my address the material collected over the years: links, testimonies and documents.

I pledge that your material and the material collected by myself will be delivered to Ms. Gardini to enable her to present it in the case that concerns her.

Remember that Scientology in the U.S. is in the midst of a storm because the leaders have exploited, beaten, and underpaid their staff. Its employees were forced to work 7 days a week, from early morning until late at night, for fifty dollars a week.

Moreover, some former followers of Scientology in Italy have told me that the Scientology psycho-sect often sends Italian capital abroad disguised as donations.

For this reason, I formally, from the pages of this magazine, request:

    * that the competent authorities verify the actual funds and property of Scientology on Italian territory

    * that the Ministry of Health perform a verification concerning the "Narconon" communities which charge money for a detoxification method with no scientific value

    * that consumer groups campaign against this psycho-sect which operates on Italian territory and practices mental conditioning

    * that antitrust authorities take action against the "deceptive advertising" and "press releases" that Scientology spreads over the Internet

In conclusion, I appeal to all honest parliamentarians who know the dangers of psycho-sects to launch an inquiry into the real activity of Scientology in Italy.

The problem of psycho-sects touches 1 million people in Italy. It is a very grave problem which must be tackled seriously and firmly.


Title: Re: Lawsuits
Post by: Ididntcomeback on April 07, 2010, 04:23:28 PM
                 Scientology wage claim dismissed

A federal judge dismissed part of a lawsuit brought against the Church of Scientology by a woman who alleged she worked 100-hour weeks for almost no pay for years while a member of Scientology's elite inner corps. U.S. District Judge Dale Fischer issued a written order that dismissed the wage claims portion of Claire Headley's lawsuit. He did not address allegations the church coerces members of the inner corps to get abortions and engages in forced labor. The church denies all the allegations.

http://www.tampabay.com/news/us-to-adopt-narrower-policy-on-using-nuclear-arms/1085377


Title: Re: Lawsuits
Post by: Ididntcomeback on April 10, 2010, 12:43:53 PM
                      The UK Telegraph  10th April 2010

                Scientologists sue organisation for $1 million for slave wages


http://www.telegraph.co.uk/news/worldnews/northamerica/usa/7571678/Scientologists-sue-organisation-for-1-million-for-slave-wages.html


Title: Re: Lawsuits
Post by: Ididntcomeback on April 15, 2010, 05:19:48 PM

                        Dispute flares again between lawyer and Scientology



By ELAINE SILVESTRINI | The Tampa Tribune

Published: April 14, 2010

TAMPA - A lawyer suing the Church of Scientology has filed a motion asking to withdraw from the wrongful death case – but he doesn't really mean it.

Kennan Dandar says the state judge who ordered him to withdraw doesn't have jurisdiction in federal court. He also says he doesn't want to abandon his client, who blames the church for her son's death.

The highly unusual motion is rooted in the longstanding animus between the church and Dandar.

The order to withdraw wasn't available, although court records suggest it may be related to Dandar's involvement in an earlier wrongful death lawsuit against the church.

In court filings in the current case, the church said Dandar "has a substantial rap sheet of litigation misconduct. It is clear that he is a rogue lawyer who operates unconstrained by facts, law or ethics."

Dandar responded to that accusation by writing that the church was engaging in character assassination as part of its "doctrine to attack anyone who makes claims against Scientology, particularly the plaintiff's lawyer."

The exchange took place in June and July in what turned out to be an unsuccessful motion by Scientology to have the federal court sanction Dandar for filing the lawsuit against the church on behalf of Victoria L. Britton in the death of her son, Kyle Thomas Brennan.

The lawsuit alleges Scientologists, including Brennan's father, took his antidepressant prescription from him and gave him access to a loaded gun.

The church says Brennan committed suicide with no provocation. A Clearwater police investigation concluded no one else was responsible for his suicide.

Dandar also represented the relatives of Scientologist Lisa McPherson in their wrongful death lawsuit against the church. McPherson died in 1995 after 17 days of care by Scientology staffers in Clearwater.

That lawsuit was settled out of court in 2004, but only after years of courtroom conflict.

In the McPherson case, Scientology was awarded $4,500 in legal costs for an improper legal maneuver by Dandar.

In another scuffle, a judge denied a Scientology request to remove Dandar from the McPherson case after a church critic who gave more than $2 million to fund the lawsuit told a judge he lied at Dandar's behest.

The judge concluded the critic lied about Dandar, and that Dandar had not lied or tried to get anyone else to lie to the court. However, the judge also said Dandar's account of how he spent the critic's money was not credible.

Now the Britton litigation has deteriorated into another war between the lawyers.

In a declaration filed with Dandar's unusual motion to withdraw, Britton says she searched for another attorney to take the case. But once they heard it was against Scientology, no one else would represent her.

"I am now very frustrated, desperate and worried that I will not have an attorney to pursue this litigation," Britton says in the declaration. "I do not want Kennan G. Dandar to withdraw from this case because I believe he is the most qualified. … I have no one else to turn to."

Dandar said he could not comment on his motion or on why a state judge ordered him to withdraw from the federal case.

However, Britton's declaration says the order was issued in June. There are several sealed entries on the docket for the McPherson case during that month.

Among the items listed as sealed are a motion to enforce the settlement agreement and a notice of a confidential emergency hearing. The docket also indicates there's a pending appeal in the McPherson case before the Florida Supreme Court.

Dandar says in his motion that he is awaiting a response from the state Supreme Court over the state judge's order.

The church is urging the federal court to grant the motion to withdraw, saying Dandar has known for more than a year that his involvement in the case was improper.

"If this case had merit, which it does not, (Brennan's) estate will find capable replacement counsel," lawyers for the church wrote. "American jurisprudence is rich with those have undertaken unpopular causes."

http://www2.tbo.com/content/2010/apr/14/dispute-flares-again-between-lawyer-and-scientolog/

"The purpose of a lawsuit is not to win, but to harass. 

               Hubbard


Title: Re: Lawsuits
Post by: Ididntcomeback on June 14, 2010, 11:57:20 PM
                                    Mukamal v. Flag


This lawsuit concerns a now-bankrupt corporation, Rene Piedra and Associates, P.A., a dental practice of some sort. The plaintiff, Barry Mukamal, is claiming that the reason for the bankruptcy of the practice is that one of the dentists became involved with the cult, and then started swindling patients using standard Scientology tech, and fraudulently transferring assets from the practice to Flag.

Quote:
On information and belief, the Trustee avers that the reason for the increase in sales was the Debtor’s orchestration of a massive scheme to defraud patients for the purpose of transferring money to CAS related entities such as the CAS FSO. Specifically, CAS FSO is a CAS subdivision that organizes retreats for members. It is considered the “spiritual headquarters” of the CAS.
The suit seeks to recover fraudulent transfers in excess of $80,000.

http://ia360701.us.archive.org/10/items/gov.uscourts.flsb.512543/gov.uscourts.flsb.512543.1.1.pdf

Clearly, the plaintiff is a bigot for suing someone for practicing their sincerely held religious beliefs.

http://ia360701.us.archive.org/10/items/gov.uscourts.flsb.512543/gov.uscourts.flsb.512543.1.0.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on July 14, 2010, 11:54:37 PM
        Calif Labor Cases against organized scientology - new filings July 2010


As can be seen on Marty's Rathbun's blog, Marty has written a declaration in support of the cases Claire and Marc Headly have against organized scientology:

http://markrathbun.wordpress.com/

I am very glad that Marty wrote this declaration.

It was filed this week in Claire's and Marc's cases against organized scientology.

More specifically it was filed in support of Claire's and Marc's opposition to organized scientology's attempts to get the cases thrown out.

As is obvious to anyone following closely, organized scientology is trying to get the cases thrown out using lies upon lies.

I very much appreciate it that Marty stepped up to give this declaration, as I believe it will be helpful in ensuring that organized scientology does not get away with their abuses and constant lies to cover them up.

Here is a link to another declaration just filed in that case as well that I believe is especially important in helping to ensure the cases are not thrown out unjustly:

http://www.scribd.com/doc/34302522/Levine-Declaration-3

Easier version to read. PDF file
http://paulsrabbit.com/levine.pdf

It is a declaration of Robert Levine PH.D., a professor of psychology at California State University with particular qualifications on the subject of persuasion and mind control. He is a published and peer reviewed author on the subject(s).

I do believe that Professor Levine does a heck of a job breaking down part of Sea Org life at the Int Base in the context of the above. This includes how such members are motivated by fear and are manipulated and socialized by organized scientology.

It's a heck of a read.

It is my hope and opinion that these cases are going to survive all such motions to dismiss and that there will be much more out as they progress towards trial.

Much, much more is to come. But in the meantime enjoy the above.
__________________
"Oh make no mistake. It's not revenge he is after, it's a reckoning". - Doc Holiday

My blog: http://larrybren.blogspot.com/

Posted on ESMB  by Larry Brennan.

http://www.forum.exscn.net/showthread.php?t=19179


Title: Re: Lawsuits
Post by: Ididntcomeback on August 03, 2010, 07:25:14 PM
 Originally Posted by marklowell99 
View Post

http://forums.whyweprotest.net/299-marc-headley-v-church-scientology-international/claire-headley-v-csi-rtc-lawsuit-filed-jan-20-2009-a-37106/12/

  A set back for sure.

Today in Federal District Court, the court made a tentative ruling granting CSI and RTC's summary judgment motion in both Claire and Marc Headley's lawsuits. Federal District Court Judge Dale S. Fischer said her official order would be ready by the end of the week.

Judge Fischer said that the plaintiffs had not presented sufficient evidence of their human trafficking claim to proceed to trial. Representing the plaintiffs, attorney Kathryn Darnell, said in arguments that CSI and RTC used psychological and other forms for pressure as submitted in a declaration by Robert V. Levine, PhD. Judge Fischer said Levine's declaration was "the most worthless she had seen." The judge also referenced Ms. Headley's statements that "I thought I was enjoying myself at the time" and said that did not support bringing a human trafficking complaint. The court said if it accepted the plaintiff's evidence as true the court would have to call the sheriff and have him rescue everyone there because they were all victims of human trafficking but did not know it.

Ralph Metzger, also appearing for the plaintiff's, told the court that the two lawsuits started out as labor law complaints when attorney Barry Van Strickland filed to lawsuits in 2009 but Mr. Metzger said his firm viewed the complaint more as a human trafficking violation. The court was critical of plaintiff attorneys, Mr. Metzger and Ms. Darnell, for not following all local rules and standing court orders in their filings as well as other procedural issues.

Attorney Marc Marmaro, for the defense, did not offer argument before the court on their motion today. The court did remark to him that his argument that the court could not inquire into a human trafficking civil suit because it would require RTC and CSI to put their religion on trial was interesting and that no court had ever ruled on such an issue. The court pointed out that if a religion had in it's belief that sexual harassment was wrong, the court, by the defense's argument, could look into such a complaint due to the Establishment Clause, but if a religion were to have a practice such as sexual harassment in its beliefs that the court, by the defense's argument, would not be able to inquire into such an issue.

Although the court has not yet issued a formal written decision, the court's statement indicates that judgment on the lawsuits will be entered for the defense.

The cases are 09-CV-03987 and 09-CV-03968 before the United States District Court Central District of California.


Title: Re: Lawsuits
Post by: Ididntcomeback on August 07, 2010, 12:23:30 PM
              Judge dismisses two lawsuits aimed at Scientology



The Church of Scientology won an important victory in federal court Thursday when a judge dismissed two lawsuits that accused the church of labor law violations, human trafficking and forced abortions.

Claire and Marc Headley, who left Scientology in 2005, said the church controlled them with threats of harsh punishment and other tactics that prevented them from leaving the Sea Organization, Scientology’s religious order.

But U.S. District Judge Dale S. Fischer ruled that the Sea Org is protected by the First Amendment’s guarantee of free exercise of religion.

The judge ruled that the Headleys performed religious duties and that the Sea Org falls within the “ministerial exception” commonly granted to religious groups in employment cases. The exception prevents the court from prying into the church’s internal workings to get to the bottom of the Headleys’ allegations.

Continuing the case, the judge wrote, would require the court to analyze “the reasonableness of the methods” used to discipline Sea Org members and to prevent them from leaving. As for Claire Headley’s allegation that she was forced to have two abortions, Fischer said the court would have had to review Scientology’s doctrine prohibiting Sea Org members from raising children.

“Inquiry into these allegations would entangle the court in the religious doctrine of Scientology and the doctrinally motivated practices of the Sea Org,” wrote Fischer, a judge in the Central District of California.

Church spokesman Tommy Davis called the Headleys apostates and “defrocked church ministers” who brought “salacious allegations” against the church. He added: “Scientology wins.”

The church did not return calls seeking comment on the ruling.

The Headleys said that the blanket dismissals surprised them, and they plan to appeal.

http://www.religionnewsblog.com/24954/judge-dismisses-two-lawsuits-aimed-at-scientology?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+religionnewsblog%2Fscientology+%28Religion+News+Blog%27s+Scientology+News+Tracker%29


Title: Re: Lawsuits
Post by: Ididntcomeback on August 07, 2010, 12:27:26 PM
Read a fuller account of The Headley case here at the SP times.

Published August 6th 2010

http://www.tampabay.com/news/scientology/judge-dismisses-two-lawsuits-aimed-at-scientology/1113544


Title: Re: Lawsuits
Post by: NED on August 08, 2010, 08:20:00 AM
What gets me is that the Church sees this as a win.  Claire Headley was forced to abort TWO CHILDREN and Scientology sees this outcome as a win.  Fuck them!!!


Title: Re: Lawsuits
Post by: Ididntcomeback on August 08, 2010, 11:35:20 AM
   The examiner agrees with you Ned.

"A Scientology legal victory on August 5th might not actually be cause for celebration within the Church. The court protected Scientology's freedom from inquiry into human trafficking charges, as well as the church's right to deny fair labor practices to its ministers. Meanwhile, the alleged abuses themselves, which the church once tried to hide, have again become a matter of public record. ...."

The rest here...
http://www.examiner.com/x-8922-Skepticism-Examiner~y2010m8d7-Scientology-wins-legal-victory-loses-public-image-war


Title: Re: Lawsuits
Post by: Ididntcomeback on August 08, 2010, 04:07:44 PM
     Tommy Davis letter to the St Petersburg Times re the Headley case.

http://www.tampabay.com/specials/2010/PDFs/5Aug%20SPT%20re%20Headley.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on August 20, 2010, 01:03:09 PM


http://markrathbun.files.wordpress.com/2010/08/jbcomplaint.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on August 30, 2010, 12:27:49 PM
               Re: Judge denies Motions to Dismiss Kyle Brennan Complaint
Quote:
Originally Posted by tikk View Post
There are some recent developments, none promising, but all which bear watching. It's all somewhat confusing, involving as many different courts as it does, so I'll first attempt to make sense of things up to this point, in the hopes of stemming inevitable questions.

Attorney Ken Dandar brought a wrongful death suit on behalf of the estate of Kyle Brennan in the U.S. District Court for the Middle District of Florida against defendants CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., DENISE MISCAVIGE GENTILE, GERALD GENTILE, and THOMAS BRENNAN.

Attorneys for defendants have sought to force Ken Dandar to withdraw from the case. While it is not entirely clear by what basis it is seeking Dandar's withdrawal, my educated guess is that it pertains to an existing but undisclosed agreement between Dandar and FLAG, and/or a product of mediation or an order, perhaps arising out of the Lisa McPherson case. Since the terms of any hypothetical agreement, mediation or order isn't discussed in any of the available papers, it's not presently possible to address the merits of Scientology's argument as to why/whether Dandar must withdraw.

What we do know is that FLAG went to Florida state court to make the argument that Dandar needs to withdraw from the federal case, and the state court agreed, ordering Dandar to withdraw.

In order to comply with the state court order (which was also appealed), Dandar moved to withdraw [PDF] from the federal suit, which withdrawal the federal court denied. Dandar argued that his withdrawal was involuntary and his withdrawal would prejudice his client, the estate, given his experience in litigating against Scientology, and the understandable disinterest from other attorneys in litigating against Scientology. Dandar's withdrawal would most likely end the case, which is what FLAG has wanted all along.

As noted, the federal district court saw through it and denied Dandar's withdrawal motion, which kept him on the case. This brings us up to date.

---

According to recently filed documents in the federal case, Scientology sought and received an order of civil contempt against Dandar in state court (the Sixth Judicial Circuit Court of Florida). Dandar appealed, but the state appeals court apparently issued and then dismissed a stay of the contempt order, which means that Dandar is being fined $1,000 each day he fails to withdraw from the Brennan federal case, even while the contempt order is on appeal. Dandar is attempting to get a hearing date in state court to stay the contempt order until the appeal is resolved, but Dandar alleges that FLAG lawyers aren't cooperating (surprise) in agreeing to a hearing date.

This Tuesday, a hearing as to whether Dandar is guilty of criminal contempt will be heard before Judge Beach, which hearing stems from the aforementioned as-yet-unidentified basis/bases. Yes, Scientology is seeking to have Ken Dandar jailed for failing to withdraw from the Kyle Brennan wrongful death suit from which the federal court prohibited Dandar's withdrawal. Frighteningly, the state court appears ready to do this, if the trend thus far holds.

Ken Dandar's motion in federal court for an emergency injunction to "prohibit enforcement of a state order or conduct a hearing on the state court order" can be read here: [PDF]

Scientology's opposition to Dandar's emergency injunction motion can be read here: [PDF]

It's not clear to me what federal court will do with this. Dandar doesn't brief the precise issue, which I would bet is unique, extensively and my initial read on Scientology's brief is that it's somewhat disingenuous as to its representation of the law. I'll try to chime in later.
I do not know why the federal court doesn't tell the Florida state courts "NO U" considering, from what it sounds like, the Fed Court said it before when Dandar tried to withdraw. According to US Law, Federal trumps state law. So the Florida Courts shouldn't be able to do anything IF the Federal court said something.

  All links posted here....

http://forums.whyweprotest.net/123-leaks-legal/judge-denies-motions-dismiss-kyle-brennan-complaint-48106/5/


Title: Re: Lawsuits
Post by: Ididntcomeback on August 30, 2010, 12:31:01 PM
             Scientology Special Unit Directive on legal matters

While this document has been posted before I post it here to point out a couple of interesting things:

Spec Unit ED Ok by Spec Pjt

This is a Special Unit Executive Directive written in August 1982 commending various units of the then recently taken over Guardian's Office for many legal "wins". (We had not yet completely changed the name from "Guardian's Office" to "Office of Special Affairs" by that time).

As you can see, it was written by Special Unit LE which stands for "Litigation Execution". That was Marty Rathbun. Notice that it also states that it was written for and approved by "Spct Pjt L". That is short for "Special Project Litigation" who was Norman Starkey at that time.

I am familiar with this as just prior to this I was Special Unit CE (meaning "Corporate Execution") and at the time of this Executive Directive I was Special Unit IC (In Charge).

Notice also the writing on the top left of the commendation to Rick Moxen giving him a "VWD" which means "very well done".

My 2-cents on this FWIW:

OK given the above background, here are two things interesting about this commendation:

1) In 2006 I did a posting on the private yahoo site for Ex Sea Org members that told of the real powers and controls behind organized scientology and how they were masked behind misleading corporate veils and other lies. In January 2007, I made that post public on alt.religion.scientology: The Real Power in Scientology - DM&#39;s Lies - alt.religion.scientology | Google Groups

One small part of that post related to the above commendation:

Quote:
What most people have no clue about really is that there really was a
"secret" body of people directly run by Hubbard but were only initially
considered under CO CMO Int DeDe. The unit was referred to as an "All
Clear Unit" (to make things "all clear" for Hubbard to come out of
hiding) and DM was part of that unit. It was set up in early 81.

Miscavige got himself into a position where he took sole control of
that unit. By mid 81 Miscavige had managed to remove MarySue Hubbard
and "take over the GO". He also got the CO CMO Int replaced based on an
alleged Hubbard order.

Miscavige then made it clear that his All Clear Unit was senior to CMO
Int as he had the direct line to Pat Broeker and Hubbard.

This "All Clear Unit" by later 81 was broken down into two "groups"
both 100% controlled by Hubbard and, through his contacts with Hubbard,
DM: "Special Project" and "Special Unit". Special Project went on to
become ASI. Special Unit was the one I ended up running.
The commendation is but one tiny piece of evidence of how Special Project (by then Author Services Inc "ASI") was actually senior to and controlling Special Unit (then Church of Scientology International "CSI").

This is of special interest as in the 1990s David Miscavige repeatedly perjured himself in declarations made in different court cases including lying by saying that ASI did not control CSI nor did Miscavige while he was in ASI have anything to do with the running of organized scientology. A number of details of his perjury on this exact point and other matters are included in my free ebook: The Collected Works of L. H. Brennan Volume 1

2) The second thing of interest about this commendation relates to some of the legal actions then ongoing. Just look at part of what was listed as "wins". Most of it is organized scientology managing to use the courts to "get away" with wholesale abuse, fraud, crime and just plan wrong doings. For example "wins" include things to mask wrongs against Paulette Cooper, Julie Christofferson, Gerry Armstrong, clients of attorney Michael Flynn who were wronged, etc., etc.

These are not "wins" when it comes to justice or what is right. They are just examples of organized scientology using its money, attorneys, PIs and abusive policies to try to stop justice from occuring. And, sadly, some "EXes" to this day still consider such things as "wins".

More current examples of their using legal might to stop justice include the various human trafficking/labor cases in California which will be appealed. They also include organized scientology's hated campaigns to destroy anyone who fights them in the name of justice, even including attorneys who stand up to them like Barry Van Sickle and Ken Dandar.

In a letter I wrote to Miscavige and his attorney on April 23, 2007, parts of which I publically posted, I said to Miscavige
Quote:
Mr. Drescher’s letter is nothing more than an attempt to silence me and of course the unstated force behind the threats being the legal and unscrupulous might of an abusive, criminal organization that has abused countless others in the past.
And that is all they have, the "legal and unscruplous might of an abusive, criminal organization". But while that may work in many legal forums where they can outspend or outlast much opposition it is powerless over the vast majority of those who will just speak out the truth.

Where are they not winning with this "legal might"? Actually they are losing almost everywhere else. Look at all the truth coming out unchecked by them as they try to harass a few protestors who they may be able to frame while countless others speak out and get the truth known around the world. Look at the books out in just the past two years telling the truth and unstoppable by organized scientology: My Billion Year Contract, The Complex, Scientology Abuse at the Top, Blown for Good, Counterfeit Dreams and even my ebook about Miscavige's perjuries. And a really big one is coming next year.

The real scorecard giving the results of the effectiveness of what Anonymous, EXes, critics and others of good will are doing is in the empty or nearly empty organizations of scientology, the defections from organized scientology, the amount of people speaking out and the general public distrust and hatred of organized scientology even reflected in gallop poll.

While I believe that much more is coming their way by way of civil and criminal legal actions I say support those actions but do not rely on them. Rely instead on the truth and keep getting it out in every possible way. Public opinion will not endure what organized scientology is and does forever. Organized scientology is shrinking rapidly, truth is winning the day and all we need is more of it in order to help stop all the abuses and other injustices carried out on others by organized scientology.

Personally I think the following is a more powerful strategy than any possible legal action but that is just my opinion:

More here...

http://forums.whyweprotest.net/123-leaks-legal/scientology-special-unit-directive-legal-matters-71182/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 02, 2010, 12:26:40 PM
           Scientology hiding/falsifying evidence – looking for information


I am trying to collect information that may help bring about justice in a legal matter.

I am looking for factual information concerning the following:

a. organized scientology hiding, withholding and/or falsifying evidence or information ordered to be produced by any courts or by government request;

b. organized scientology hiding, withholding and/or falsifying evidence or information as part of any submissions they made to any governmental bodies (such as to the IRS for getting tax exempt status);

c. organized scientology removing information from files it had to turn over as part of court orders and/or governmental requests;

d. organized scientology representatives lying to courts or to governmental agencies by saying they did not have information that they really had;

e. organized scientology saying that materials they had (such as ethics files, personnel files and other standard org records) were covered by priest-penitent privilege when it fact they had used such information outside of such privilege;

f. organized scientology destroying or getting others to destroy evidence so as not to face justice in a legal or other matter.

Anyone who knows of affidavits, court records and/or other sources of information about this that can be found on the internet could simply post it in this thread or links to it in this thread. If that is all you can do on this or all you know that is fine. People who might be able to use that information will be reading this thread. And you may have greatly helped them in researching this matter.

Anyone who has firsthand information of any of this who might be willing to speak with an attorney on this and possibly give a declaration on this to be used in a legal proceeding please personally email me at larrybren12345ATaol.com (with the “AT” representing the “@” symbol). I can go over this with you and answer any questions you may have. If you are interested in helping once you have the details and it appears that your firsthand information could be helpful in a legal declaration then I will hook you up with someone who is looking for such declarations.

In the first case, giving links to such information on the web, you can be completely anonymous as you are simply helping research the matter.

In the second case, should it get to the point where a declaration is used, you would have to be comfortable with your name being available and part of a legal public record.

Thanks in advance to anyone who may be able to help.

Again, even posting information/links on this thread may help.

I have no financial or other personal interest in the matter at hand beyond trying to help the truth be known and justice be served.

Not asking for a personal army here nor asking anyone to do what you may be uncomfortable doing. But if you can help on the above and would like to do so, your help will be appreciated.

Thanks,
Larry Brennan

http://forums.whyweprotest.net/123-leaks-legal/scientology-hiding-falsifying-evidence-looking-information-71274/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 02, 2010, 07:32:54 PM
        Lawyer in Scientology case is stuck between state and federal judges

By Craig Pittman and Curtis Krueger, Times staff writers
In Print: Wednesday, September 1, 2010

LARGO — One of the Church of Scientology's most vocal critics, Tampa lawyer Ken Dandar, is in a pickle.

Six years ago, he settled a wrongful death case against the church on behalf of the family of Lisa McPherson, who died in 1995 after 17 days in the care of church members in Clearwater.

Part of the settlement agreement, approved by a judge in state court, required Dandar to never again represent anyone suing Scientology.

But last year, Dandar took on another wrongful death case against the church's Flag Service Organization — in federal court.

The church's attorneys objected that Dandar violated his agreement. Senior Circuit Judge Robert Beach agreed and in June 2009 ordered Dandar to withdraw from the new case.

Dandar resisted for some time, even asking the Florida Supreme Court to review the case. Finally, though, four months ago Dandar filed a motion to withdraw from the federal lawsuit.

But on April 12, U.S. District Judge Steven Merryday told him he cannot get out of it. The reason: No other attorney wants to take on Scientology. Two days later, records show, Beach found Dandar in willful contempt of court.

So Dandar is stuck between a state judge telling him to leave Scientology alone and a federal judge telling him he can't. And, according to federal court records, he has been fined $50,000 plus $1,000 a day by the state court until he withdraws from the federal case.

Dandar's predicament may be unprecedented in Florida law. "I've never heard of anything like it," said Clifford Higby, chairman of the trial lawyers' section of the Florida Bar.

A hearing on Dandar's fate occurred Tuesday in the Pinellas County Criminal Justice Center. But at the request of church attorney F. Wallace Pope, Beach ordered a Times reporter out of the courtroom prior to the start of the proceeding.

Dandar objected, saying he was facing a criminal charge — contempt of court. But Beach, 80, said it wasn't a criminal case.

He also said he was closing the courtroom because all the previous proceedings regarding Dandar had been closed-door sessions.

Since the McPherson case settled under a confidential agreement signed in 2004, all the motions and testimony in the case files — which now number 351 volumes, making it the largest current Pinellas case — have been sealed from public view as well.

The hearing concluded after nearly six hours. Dandar and his attorney, Luke Lirot, both said they could not comment on what happened or their next step. Pope, when asked about the case, said, "Our lips are sealed."

Dandar became known for challenging the church during the seven-year lawsuit over the death of McPherson, a Scientologist who after a minor traffic accident, took off her clothes and told a paramedic, "I need help. I need to talk to someone."

Although paramedics took her to Morton Plant Hospital for psychiatric evaluation, fellow church members showed up and escorted her out, promising to care for her. The church opposes psychiatric treatment.

They took McPherson to the Fort Harrison Hotel, where she was cared for by several church staffers, including a medical doctor who was not licensed in Florida but worked for the church. She died 17 days later while being driven to a hospital 45 minutes away. Although criminal charges were filed against the church, they were dropped after then-medical Examiner Joan Wood changed her finding of the cause of death to accidental.

However, the burden of proof in a civil suit is different. The suit, filed in 1997 on behalf of McPherson's estate, contended church staff members let McPherson become severely dehydrated and die. As the case neared trial it promised unflattering international headlines for the church.

The two sides worked out a settlement agreement. The terms weren't disclosed. Lirot, who was Dandar's co-counsel, said at the time, "Everyone involved gets to move on with their lives."

Five years later, though, Dandar was back battling Scientology in the federal lawsuit.

The new suit stems from the death of Kyle T. Brennan, 20, who shot himself in the head on Feb. 16, 2007, in Clearwater, while visiting his father, who is a Scientologist. According to the suit, filed on behalf of Brennan's mother, Brennan killed himself after the father locked up his antidepressant medication on the advice of Denise Gentile and her husband, Gerald. Denise Gentile is the twin sister of the church's current worldwide leader, David Miscavige.

The suit says they served as the father's "chaplains" in the church, an allegation the church's attorneys say is not true. The Gentiles told Clearwater police that Brennan's father was just their handyman.

The church's attorneys contend Dandar is a "rogue attorney" with "a long history of misconduct with regard to facts, law and ethics."

District Judge Merryday, in ruling that Dandar had to stay on the Brennan case, cited a sworn statement from Dandar's client, Brennan's mother, Victoria Britton. She said that nobody but Dandar dared to take on Scientology.

"I talked to many lawyers in different states and each turned me down as soon as they heard it involved the Church of Scientology," she said. "Some turned me down due to conflict, since some had represented Scientology in the past or are currently representing the organization, but many turned me down because it is an entity they do not want to litigate against. … I have no one else to turn to."

Robert Potter, law partner of church attorney Pope, argued that the statement just showed how weak her case against the church was.

Times researcher Carolyn Edds contributed to this report.

http://www.tampabay.com/news/lawyer-in-scientology-case-is-stuck-between-state-and-federal-judges/1118849


Title: Re: Lawsuits
Post by: Ididntcomeback on September 04, 2010, 07:20:43 PM
         Federal judge suspends state judgment against lawyer in dispute with Scientology

By Craig Pittman, Times Staff Writer
In Print: Saturday, September 4, 2010 


 TAMPA — Scientology's most vocal local critic, Ken Dandar, faced disaster. A circuit judge had found him in contempt of court this week and assessed a judgment of $130,000 — to be paid to the Church of Scientology. Dandar might lose his car. He might even lose his law license.

All of that, he told a federal judge Friday, because Dandar isn't bowing out of a federal case against the church.

But the judge may have given Dandar a reprieve. And U.S. District Court Judge Steven Merryday warned Scientology's attorney that he wouldn't allow what he called "shenanigans" to interfere any further with the progress of the case against the church now pending in his court.

"I don't like being put in this position," Merryday told the church's attorney, Robert Potter. "When people start to squeeze, other people can squeeze back."

Merryday got Potter and Dandar to agree to stop all proceedings in state court — including the church collecting the $130,000 judgment — until both sides can present Merryday with full briefings and oral arguments.

However, Senior Circuit Judge Robert Beach, who found Dandar in contempt and levied the $130,000 judgment, said he isn't sure such an agreement can really halt what he's done. In fact, Beach said, he believes only a state appeals court could overturn his decision, not a federal judge.

"If I'm wrong, then the Second District Court of Appeal will tell me," the 80-year-old Beach said in a phone interview.

Dandar's dilemma began six years ago, when he settled a wrongful death case against the church on behalf of the family of Lisa McPherson, who died in 1995 after 17 days in the care of church members in Clearwater.

Last year, Dandar took on another wrongful-death case against the church's Flag Service Organization, as well as the twin sister of the church's worldwide leader, David Miscavige. The church's attorneys contended that violated the terms of the McPherson settlement.

Dandar strongly disagreed, but Beach ruled that Dandar, as part of the settlement, agreed never to take another case against the church. So Beach ordered him to withdraw from the new suit.

Four months ago, Dandar filed a motion to withdraw. But he attached an affidavit from his client contending he should stay on her case because no other lawyer would take on Scientology.

So, on April 12, Merryday told him he can't get out of the new case without another attorney lined up. Two days later, Beach found Dandar in contempt.

"Mr. Dandar is being punished because of my order," Merryday said Friday.

Dandar should have filed a motion saying he had a conflict of interest and had to withdraw, Potter said. As a result, Beach ruled that Dandar hadn't made a good-faith effort.

"He is not at liberty to deceive me," Merryday told Potter. "Judge Beach better not tell him to deceive me."

Potter said the state judge was not trying to intrude on the federal court's jurisdiction, but Merryday told him, "It certainly feels like I'm being interfered with." Potter later admitted, "Believe me, he's not happy with you, either."

Potter said he had expected Merryday to grant Dandar's motion and then terminate the lawsuit unless Dandar's client found a new lawyer. But Merryday said he couldn't do that.

Merryday questioned whether the settlement really blocked Dandar from pursuing the wrongful-death case, which involves a 20-year-old who killed himself after his father, a Scientologist, locked away his antidepressants.

"I've read it, Mr. Potter, and I think not," Merryday said, then glared at the church's attorney and snapped, "Don't look at me with that look of unbelief, Mr. Potter." Potter mumbled an apology.

Merryday questioned why Beach conducted his contempt hearing on Dandar behind closed doors. At the church's request, Beach has sealed every document in the case. Documents sent to the Second District Court of Appeal and the Florida Supreme Court aren't public either.

Potter said he felt squeamish about even talking about Dandar's case in open court. But Merryday refused to close his courtroom doors to the public.

"I'm not going to be entering any seals unless I see a lawful reason, and I can't even see the beginning of a reason," the judge said. He said he wouldn't be swayed by "some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason."

http://www.tampabay.com/news/religion/federal-judge-suspends-state-judgment-against-lawyer-in-dispute-with/1119444


Title: Re: Lawsuits
Post by: Ididntcomeback on September 21, 2010, 10:24:45 AM
                          AGP Ends His Deposition with Rick Moxon...
SEPT. 17, 2010, RIVERSIDE, CA:

Kendrick Moxon looked up from his notes and exclaimed "He's writing on the table with sweat or saliva!" That was probably the least annoying remark he made that day. I am hyperactive which means, among other things, that my hands and feet sweat profusely. Especially under duress.

So his hired hand assistant lawyer, David Cantrell, handed me a box of tissues. That was the only non-skanky thing that Cantrell did on this day. Mostly he just sat their and doodled. Oh. And once Cantrell said "We're asking the questions here."

After a time a small pile of tissues built up. During a break I threw them out. When Moxon came back in he demanded "What did you do with those tissues?" "I threw them away." "In that trash can?" "Yes."

On a later break I looked in the trash can. The tissues were gone.

GRAHAM BERRY'S REACTION: When Moxon exploded about the sweaty surface my lawyer Graham said "Look, there's nothing on the table. Look. Point the camera down there and see. There's nothing!"

While we were driving home I told him about the tissues disappearing from the garbage can. He became very concerned that the Scientologists might use my DNA to frame me somehow.

Graham advised me "Make a public statement about this on your website ASAP so that, in the future, they cannot plant some kind of DNA evidence against you.

Although it's unlikely, we can't discount one of their crazy schemes. Like what they did to poor journalist Paulette Cooper using her personal letterhead with fingerprints on it."

PROTESTER HAPPY SMURF: Ex-Scientologist code named "Happy Smurf" worked with Kendrick Moxon in OSA and knows how he thinks.

"Damn ... I wish I was there ... The psychotic douche bag hates gays and is terrified of anyone that has HIV+/AIDS. He was toying with you and trying to rile the people around him that you are a walking health hazard because you're HIV+. In Scientology mindfuck, it's called "introverting".

He's playing you as someone that should be as bothered with HIV as he is. If I were in the depo and he played that game with me, I would have mock-sneezed on him (off camera) and played the slob with the tissues... dropping them around the room, leaving a few on Moxon's papers and in his briefcase. "

PROTESTER ANONORANGE: "I think that DNA of yours is gonna wind up inside Lissa Uvizl's butt. They'll tell her "Okay, Lissa, this won't hurt. It's just a Q-tip. Then maybe they'll say you had sex with her without a condom! (or worse)."

He was joking since I am, of course, Gay, and she has a restraining order against me. I can't get closer than fifty yards. Also, I always use a condom when I screw men up the butt.

http://forums.whyweprotest.net/291-scientology-discussion/agp-ends-his-deposition-rick-moxon-71853/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 22, 2010, 11:23:29 AM

                                 In court with Scientology



The Tampa Tribune

Published: September 21, 2010

The Church of Scientology is practicing its aggressive form of litigation management  against a longtime legal protagonist who has twice represented clients whose relatives died while in the care of church members.

Lawyers for the church are using a secret settlement agreement in a state case to try to remove Tampa lawyer Ken Dandar from a federal case they claim has no merit.

They persuaded a state judge to order Dandar off the federal case. Trouble is, the federal case is a matter over which the state judge has no say.

The nastiness between the church and Dandar goes back 15 years when he first began representing the estate of Lisa McPherson. The notorious case, settled in 2004, involved a woman who died after spending 17 days in the church's care.

Currently, Dandar is representing the estate of Kyle Thomas Brennan, who killed himself in 2007 while visiting his father, a church member. Brennan's mother, the administrator of his estate, claims church members deprived her son of prescribed psychotropic medication and negligently left a gun in his reach.

According to the church, Dandar violated the terms of the McPherson settlement when he took on Brennan's mother as a client. Pinellas-Pasco Senior Circuit Judge Robert Beach agreed with the church and ordered Dandar off the Brennan case.

But when Dandar tried to withdraw, U.S. District Judge Steven Merryday, who is overseeing the federal case against the church, denied his request. His written order says neither Dandar nor his client wanted the lawyer removed.

The immediate consequence of Dandar's withdrawal would be to terminate the case, which, of course, is what the church wants.

Subsequently, and in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter, the judge cited Dandar for contempt and sanctioned him for not obeying the order to withdraw. In other words, he punished him because of Merryday's order. Beach then fined Dandar $50,000 plus $1,000 for every day he stays on the case - with all of the money to go to Scientology.

And the judge apparently threatened to revoke Dandar's law license, something he has no power to do.

It is difficult to come up with a charitable explanation for Beach's actions.

First off, he closed the hearing in which he sanctioned Dandar. The settlement agreement may have been confidential, but there is no reason to close a hearing to enforce the agreement. Moreover, even if there were reasons to hold the hearing behind closed doors, when it became a disciplinary action, it should not have proceeded under seal.

Second, the fines appear to be a way to coerce Merryday to yield, which he should not.

Beach has construed the McPherson agreement to mean Dandar, who was not only the lawyer in the case but also a party, would never sue Scientology again. Indeed, Dandar may have agreed not to sue the organization personally, but that should not have restricted his ability to practice law. An agreement to "disengage" from one case is not a promise not to sue in another.

Dandar has appealed Beach's sanctions to the 2nd District Court of Appeal in Lakeland. The judges there need to provide the clarity and transparency that Beach has failed to bring to the case.

http://www2.tbo.com/content/2010/sep/21/na-in-court-with-scientology/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 22, 2010, 11:33:14 AM
   A snippet from the classic Arnie Lerma deposition with Scientology lawyer "Mr Rosen.

The deposition started out with Rosen asking something like:

Rosen :"Mr Lerma , why do you continue to say bad things about the Church of
Scientology?

Lerma: Mr Rosen, are you referring to the international psychopolitical terrorist organization doing a shrinking but still brisk business worldewide in fraud, DBA "Scientology"?

Rosen: Mr. Lerma, you can't refer to the church of scientology that way

Lerma: Mr Rosen, are you asking me to commit perjury?

Rosen: This deposition is over.

That`s how it`s done.

    "Scientology and the truth" will set you free.

Isn`t that an oxymoron. ?


Title: Re: Lawsuits
Post by: Ididntcomeback on September 29, 2010, 04:03:15 PM
         And another hit !!!

Fed judge to state judge: Butt out of Scientology case

By ELAINE SILVESTRINI  | The Tampa Tribune

Published: September 28, 2010

TAMPA - In a rare clash between courts, a federal judge today said he will order a state judge not to interfere with a lawyer's handling of a federal case involving the Church of Scientology.

A visibly irritated U.S. District Judge Steven D. Merryday granted a motion by lawyer Kennan Dandar, who is representing the estate of Kyle Thomas Brennan in a wrongful death suit against the church.

Merryday told Scientology attorneys they "have forced my hand on this issue."

The order is the latest chapter in a years-long animus between the church and Dandar, one of its most persistent adversaries.

It's "very, very rare" for a federal judge to tell a state court judge what to do, said Michael Allen, a professor of constitutional law at Stetson University College of Law, noting a federal law on the books since 1793 makes most such orders illegal.

There are "extraordinarily narrow" exceptions, Allen said, including one allowing federal judges to issue injunctions against state judges to protect their own jurisdiction. This case arguably falls into that category, although Allen predicts "massive appeals."

The federal lawsuit alleges Scientologists, including Brennan's father, took Brennan's antidepressant prescription from him and gave him access to a loaded gun.

The church says Brennan's suicide was unprovoked. A Clearwater police investigation concluded no one else was responsible for his suicide.

Dandar also represented the relatives of Scientologist Lisa McPherson in their wrongful death lawsuit against the church. McPherson died in 1995 after 17 days of care by Scientology staffers in Clearwater.

That lawsuit was settled in 2004 but only after years of courtroom conflict. Scientology lawyers say the deal included a secret agreement by Dandar not to sue the church again.

In a series of sealed pleadings and hearings, Scientology lawyers asked Pinellas County Senior Circuit Judge Robert Beach to enforce the agreement. Beach ordered Dandar to withdraw from the Brennan case.

Dandar filed an "involuntary" motion asking Merryday to allow him to withdraw but contended Beach didn't have the authority to order him to withdraw. He attached a declaration from Brennan's mother stating she couldn't find another lawyer to represent her.

Merryday denied Dandar's motion.

Dandar told Merryday that Beach was poised to impose sanctions against him Friday, including a daily fine of $1,000 and a judgment of more than $130,000 to be paid immediately to the church.

Dandar said Beach also was considering suspending his law license.

He said the sanctions would force him into bankruptcy.

"I'm stuck in the middle of two courts," Dandar told Merryday. "Basically I am – and my family – in fear of what's going to happen on Friday."

Scientology attorney D. Wallace Pope wanted to present testimony and documents showing the background of the McPherson settlement and how the provision relating to Dandar's involvement in future cases was reached.

"This whole question," Pope said, "was heavily negotiated."

But Merryday said the settlement was irrelevant. He said his only concern was whether Dandar was being punished for complying with Merryday's order denying his motion to withdraw from the case.

He said he would prohibit the church and Beach from levying any penalty against Dandar for his representation of a client in federal court.

"My client will be thrilled," Dandar said afterward. "She's been on pins and needles for awhile."

Reporter Elaine Silvestrini can be reached at (813) 259-7837.



http://suncoastpinellas.tbo.com/content/2010/sep/28/fed-judge-state-judge-butt-out-scientology-case/news/


Title: Re: Lawsuits
Post by: Ididntcomeback on October 08, 2010, 04:21:51 PM
     New Bound Brook councilman facing lawsuit against his business from former employees


Quote:
BOUND BROOK — Calling a lawsuit brought against his business as "replete with misrepresentations and outright lies,'' a new member of the Borough Council is denying the charges, including one that an employee was fired for not becoming a member of the Church of Scientology.

John Buckley, who on New Year's Day was sworn into a three-year term as a councilman after winning a seat in the November election, said he and his company, Open House Direct "will vigorously defend against these unfounded claims
and to also demonstrate that this is nothing but an attempt to harass us and to hurt our ability to do business.''

Three former employees — Maurice Grays, John Knapp and Larry Kolakowski — last month filed suit in Superior Court seeking legal relief, claiming they were victims of a hostile work environment and retaliation at the company on Hamilton Street.

Open House Direct is a corporate health and wellness company that provides health-related services, such as health fairs, screenings, vaccination clinics and "stress down'' events. Buckley co-own the firm with Maria Leamy.

Grays began work with the company as an exhibitor sales specialist in January 2006, according to the suit filed by attorney Ronald Wronko of Florham Park. During the hiring process, Grays was required to take several "entrance examinations based on the teachings of the Church of Scientology'' because the company used Scientology-based literature to train employees on sales and business administration, according to the lawsuit.

In 2006, Grays attended several Scientology courses at the Church of Scientology in New York City with the understanding they would assist him in his job.

Two months after receiving a favorable work evaluation and a raise, Grays separated from his wife in November 2007 and Open House Direct loaned him $1,300 to find a new apartment and $1,000 to pay bills. But Buckley and Leamy "began harassing'' Grays to become a Scientologist, the lawsuit charges.

The two owners then tried to compel Grays to take a course called "Purification Rundown'' as a condition of his employment. According to the lawsuit, the purpose of the course, which Grays refused to take, was to remove toxins from the body.

After Buckley and Leamy continued to pressure him to take the course as a "quid pro quo'' of his employment, Grays took the course and the company charged the tuition to Grays as additional debt, the lawsuit alleges.

Grays also was "forced against his will'' to purchase a library of Scientology books and its cost also was added to his debt, according to the lawsuit.

In spring 2008, Buckley asked Grays for a $5,000 donation to the Church of Scientology, but Grays refused and no longer attended any courses outside the work environment that he believed were for "a purely religious purpose,'' the suit contends.

Grays was fired in December 2008 "because of his refusal to become a member of the Church of Scientology,'' the suit alleges.

"We would never take an action against an employee because of his or her religion and we have been in business for 13 years without any prior similar employee Claims,'' Buckley said.

Knapp was hired in December 2006 as a sales specialist after taking a test based on the teachings of Scientology. Knapp was required to attend in-office presentations on Scientology by the business owners.

Three months after he was hired, Knapp was told he had to attend a Scientology Communications course in New York City where he was required to sit in a chair for hours with his eyes closed and not speak or move his body, according to the
lawsuit.

After completing the course, a church staffer encouraged him to sign up for more courses, but Knapp refused because he explained he was a Christian and did not feel it was ""proper'' to be involved with Scientology, the lawsuit contends.

Following his refusal, Knapp was subjected to harassment at Open House Direct and Buckley "began to take steps to retaliate'' against Knapp. Because of that harassment, Knapp reduced his hours at Open House Direct and took a part-time job with a pest control company, according to the lawsuit.

One week before he was fired, Knapp was told by Buckley that his "Scientology stats were low and that he would not be able to improve his Scientology condition,'' the lawsuit alleges.

Kolakowski's allegations do not involve Scientology. He claims in the suit as a consultant to Open House Direct, he was not paid the commissions due him. After he filed a complaint with the state Department of Labor, Kolakowski was terminated, according to the lawsuit.

And only after filing a second complaint with the state did Open House pay Kolakowski the commission, according to the lawsuit.

Buckley said Open House Direct "will not let this matter distract us from aiding our corporate clients with their employees' wellness concerns.''

Buckley also said the suit will not "divert'' him from his work on the borough council.

"We trust that the community understands that not everything filed in a court complaint is true and we believe that the truth will prevail,'' Buckley said.


Happy new year COS


http://www.mycentraljersey.com/article/20100109/NEWS/100109003/Bound+Brook+councilman+faces+lawsuit+from+former+employees


Title: Re: Lawsuits
Post by: Ididntcomeback on October 14, 2010, 07:28:42 AM
      Federal court hearing ends impasse between judges

By Thomas C. Tobin, Times Staff Writer
In Print: Wednesday, October 13, 2010


TAMPA — An unusual impasse between two area judges came to a close after a hearing Tuesday in federal court.

U.S. District Judge Steven D. Merryday clarified an order he issued last week, saying he never meant for it to stop Pinellas Senior Circuit Judge Robert E. Beach from withdrawing from a case involving the Church of Scientology.

Merryday said he issued the order only to prevent Beach from fining and suspending attorney Ken Dandar, who Beach determined had defied him.

Dandar is the lawyer in two cases in which family members say Scientology played a role in a loved one's death — charges the church refutes. One case is in Merryday's court in Tampa; the other is a long-running case before Beach in Pinellas.

Recently, the church accused Dandar of violating a 2004 settlement agreement in the Pinellas case, which revolved around the 1995 death of Clearwater Scientologist Lisa McPherson. The agreement was said to prevent Dandar from ever challenging Scientology in court again. Last year, however, Dandar took the church to court in a federal wrongful-death case that ended up before Merryday.

Dandar insisted the agreement didn't bar him from taking the new case. But Beach, backed by an appellate court, said it did. He ordered Dandar to get himself removed from the federal case, which involves the 2007 death of Kyle T. Brennan.

However, Merryday wouldn't allow it, saying Brennan's family had been unable to find another attorney to take on Scientology.

Beach blamed Dandar, saying he intended to levy stiff fines against the attorney and suspend his license to practice law. Merryday then ordered Beach not to take any action against Dandar.

Beach responded, saying he wanted to withdraw from the McPherson case but that Merryday's order could be interpreted as so restrictive it might prevent him from doing so.

In dueling court filings, the veteran judges accused each other of overstepping the bounds of their authority. In Tuesday's hearing before Merryday, he told Beach there was nothing in his order that stopped him from withdrawing from the McPherson case, but he would make that clearer with a revised order.

Beach later said he planned to recuse himself immediately.

http://www.tampabay.com/news/scientology/federal-court-hearing-ends-impasse-between-judges/1127830


Title: Re: Lawsuits
Post by: Ididntcomeback on October 18, 2010, 08:45:08 PM
 Re: "Protester sues Church of Scientology's Nashville center"
Guess who's turned up in Nashville!

Quote:
JUDGE BINKLEY JR., JOSEPH P.
FRIDAY, OCTOBER 08, 2010
PARKER, THOMAS A.
09C3802
CHURCH OF SCIENTOLOGY CELEBRITY CENTER NASHVILLE A TENNESSEE CORPORATION'S MOTION TO
ADMIT PRO HAC VICE(KENDRICK L.MOXON)

This is that case where an anon was tackled to the ground by Scio hired security
guards, as he was walking away as instructed. Unfortunately for scientology...it was caught on camera.  Even more of a problem was that Scientology had
taken out a permit to close the street for the wrong day.

Add to tha the fact that the protester wasn`t even in the zone that was permitted even if it was the right day. 

Scientology works and it hepls people spele


Title: Re: Lawsuits
Post by: Ididntcomeback on October 26, 2010, 09:00:13 AM
                        David Love - Court Hearing Date Set


http://forums.whyweprotest.net/327-narconon/david-love-court-hearing-date-set-72913/


Title: Re: Lawsuits
Post by: Ididntcomeback on November 22, 2010, 03:03:24 PM
                   Mukamal v. Flag


http://forums.whyweprotest.net/123-leaks-legal/mukamal-v-flag-67977/


Title: Re: Lawsuits
Post by: Ididntcomeback on December 19, 2010, 07:18:16 PM
                    AnonOrange takes on Moxon in court hearing...


RIVERSIDE CA 12/17/2010:

I just got off the phone with protester AnonOrange who is suing the cult for beating him at a protest in 2008 as he stood in a field on the border of their property. It has been very difficult for AO to find a lawyer because everyone in law is afraid of Scientology.

His last lawyer, ex-cultist William C. Kennedy, came up at his court case today. AnonOrange missed a filing deadline because he is not a lawyer, has no legal representation and misunderstood the procedures. Worse, today he was given yet ANOTHER judge to babysit him as the case comes to trial. He thought "Oh no another judge, who is this old guy? Is he going to side with the cult? Do I have to explain everything from the beginning?" He has yet to communicate much with the judge assigned to the case, Sharon Waters, who is one of their lead judges.

So the substitute judge said "Why did you miss the deadline?" Orange confessed he was not a lawyer and had trouble getting one. Across the aisle from him were: Kendrick Moxon, lead lawyer of Scientology, Catherine Fraser of Gold Base and David Cantrell of the riverside law firm of Lester & Cantrell.

Cantrell is just a figurehead lawyer in the case and rarely speaks. But in court today Cantrell went on and on about how this was all dragging out. The judge was unimpressed. When Moxon spoke he immediately lied to the judge (it's his M.O.) and said that Anonorange had FIRED his last lawyer.

AnonOrange was forced to get up and respond, saying "That's a lie. A few weeks after William Kennedy took my case his house burned down in a suspicous fire."

There were audible gasps from the onlookers in the courtroom. The judge looked wowed. Anonorange pulled out photos of the building as evidence. Moxon crinkled his face up in disgust.

Immediately the judge forgave the missed deadline and wrapped things up saying basically "your next meeting will be with Judge Waters in January to pick a trial date." Anonorange was very relieved and told me "Word of this fire has gotten out and it seems to be putting the judicial system on my side."

Although the fire dept. has not released any information on the blaze is is known that an accelerant was found in the rear of the building. Additionally, about the same time Kennedy's offices were burglarized and someone tried to break into their document storage container.

This is a large metal boxcar sized unit situated next to the office and next door to the burned house. According to Anonorange news of this fire has spread through the legal community and everyone thinks Scientology did it.

Next court date: Tuesday, Jan. 11, 2011, 08:30am, in Dept. 10.

http://forums.whyweprotest.net/249-goldbase/anonorange-takes-moxon-court-hearing-75036/


Title: Re: Lawsuits
Post by: Ididntcomeback on December 20, 2010, 07:37:15 AM
    Complaint: Sereka v BobCad Cam, Inc - Sexual Harassment and Enforced Scientology
« on: December 19, 2010, 13:37 »

http://www.scribd.com/doc/45645061/Complaint-Sereka-v-BobCad-Cam-Inc-Sexual-Harassment-and-Enforced-Scientology-Classes-on-the-Job




This is a 2009 complaint filed in Pinellas County, FL by an employee,  FLORENCE SERECKA, who was sexually harrassed on the job at BOBCAD CAM, INC and was promised raises but later told that the only way to get a raise and rise in rank was to take Scientology courses held at the worksite. She was also told to take a Catholic memento off her desk. The case was settled per the docket:

 07/02/2010 PLAINTIFF NOTICE OF VOLUNTARY DISMISSAL W/PREJUDICE  F
2  DISM 07/02/2010 PLAINTIFF CASE DISMISSED - BEFORE HEARING  F
3  FDFM 07/02/2010 PLAINTIFF FINAL DISPOSITION FORM  .

This case was located through Court House News
[..] Employment
     A boss at Bobcad Cam sexually harassed and threatened her, and she was told she had to attend Scientology classes "to go anywhere in the company," then she was fired for complaining, a woman claims in Pinellas County Court, Fla. [..]
http://www.courthousenews.com/2009/11/23/
Here is the original doc:
http://www.courthousenews.com/2009/11/23/EmployScien.pdf
Here is the case docket info:
Uniform Case Pinellas Case Section Filing Date Action
522009CA020117XXCICI 09020117CI 020 11/17/09 WRONGFUL ACT
Style:  SERECKA FLORENCE
vs.   BOBCAD CAM INC

Who are the owners of BobCad Cam, Inc:
http://www.sunbiz.org/pdf/00886740.pdf

The owners are scientologists:
http://www.truthaboutscientology.com/stats/by-name/b/bob-twaalfhoven.html
http://www.truthaboutscientology.com/stats/by-name/r/robert-twaalfhoven.html
http://www.our-home.org/larryapendleton/myself.htm
http://www.truthaboutscientology.com/stats/by-name/l/lori-pendleton.html

Who is the harassing employee? CARL JAMES BAUER aka CJ Bauer?
Conveniently left the company and is now :
C. J. Bauer new Coastal Bend GM
04/28/2009 4:41 PM
 
[..] C.J. Bauer
The Coastal Bend Thunder has hired C.J. Bauer as their General Manager. Bauer comes to the Thunder with over 20 years of Business Management and baseball experience.
 
Bauer is known as a corporate turnaround specialist and was the National Sales Manager for Bob CAD/CAM Software, helping them become a leader in their industry. Prior to that he was CEO of BMA Financial in Atlanta. CJ was also the General Manger for BMW in Atlanta which under his guidance became one of the top ten volume dealers in the nation.[..]
http://coastalbendthunder.com.ismmedia.com/ISM3/thumbcache/13f109de41e3d709d082373595c1ccc6.200.jpg
http://coastalbendthunder.com/pressbox/press/index.html?article_id=4


http://forum.reachingforthetippingpoint.net/index.php/topic,6283.msg14953.html#msg14953


Title: Re: Lawsuits
Post by: Ididntcomeback on December 26, 2010, 06:03:20 PM
              NEW: David Singer Ent., Inc sued by Independent Scn For Discrimination, Termination

http://www.forum.exscn.net/showthread.php?t=21332


Title: Re: Lawsuits
Post by: Ididntcomeback on December 26, 2010, 06:05:21 PM
             Fired for refusing to attend any more Church of Scientology seminars and for refusing

WISE member sued:

Monday, November 10, 2008 Last Update: 11:08:43 AM
Scientology Was Force-Fed, Says Dental Emp
SACRAMENTO (CN) - A dental office manager says she was fired for refusing to attend any more Church of Scientology seminars and for refusing to become a Scientologist. She sued the Greater Sacramento Dental Group and Drs. Robert Dubanski and Gertrude Lee in Superior Court.

http://www.forum.exscn.net/showthread.php?t=21333


Title: Re: Lawsuits
Post by: Ididntcomeback on December 26, 2010, 06:07:08 PM
        New Find: 11 Narconon Lawsuits filed 2006-2009 in Calhoun County Michigan Court

11 Narconon Lawsuits filed 2006-2009 in Calhoun County Michigan Court

The first one is a 2009 lawsuit by CBS TELEVISION STATIONS against Narconon Freedom Center.

Most of the others are against Narconon Stone Hawk for breach of contract, employment, and personal injury. Read the dockets here:

http://www.forum.exscn.net/showthread.php?t=21334


Title: Re: Lawsuits
Post by: Ididntcomeback on December 31, 2010, 12:10:27 PM
                      Legal admissions-Atlanta Idle Org

There is a lot of information posted over on WWP on the proposed Idle Org in Atlanta, GA. The boys and girls down there are not “making it go right” and the matter is now in federal court. A review of the complaint filed by the church contains some interesting admissions that show how badly the church is doing there and in other areas.

This is a verified complaint meaning that the facts have been sworn to under oath by Deborah Danos, who is listed as the president of the Church of Scientology of Georgia, Inc. Ms. Danos does not appear to be overly qualified for the job as, at least according to Kristi Wachter’s site, she has not yet attested to the state of clear.
http://www.truthaboutscientology.com...rah-danos.html

Nature of the Controversy

The action filed by the church is a rather complex lawsuit involving land use and religious freedom. The church purchased the property in the city of Sandy Springs for the purpose of creating an idle org. The building was too small for their proposed use so the church filed applications for a zoning variance to allow conversion of a basement that had been used as a parking lot by the prior owners to office space and a chapel. If approved, the variance would increase the square footage from roughly 33,000 square feet to almost 44,000 square feet.

The zoning regulations require a certain amount of parking spaces per square foot. The increase of square footage would require more parking spaces than are currently available to the church. The formula used by the city would require 148 parking spaces compared to the 81 proposed by the church. The application was denied and this lawsuit followed.

It is interesting not so much for any legal claims raised but for the factual allegations, all sworn to under oath, that paint of picture of a religion in serious freefall.

Church Membership in Atlanta, Nashville, and Buffalo

According to Paragraph 17 of the verified complaint, there are only 600 members on the church rolls in Atlanta. Of those, roughly 100 are active members. Atlanta has a population of over half a million people meaning that less than 0.0012% of its population consider themselves scientologists. Scientology has been in the city of Atlanta for over thirty years and has fewer than 1000 people to show for their presence.

As part of its submission to the planning authority, the church commissioned a traffic study by the engineering firm of Kimley-Horn to rebut the city’s contention that 148 parking spaces were needed. In Paragraph 52 of the verified complaint it alleges that Nashville most closely resembles the size and operation of the proposed Atlanta church. Based on those numbers, the church claims, under oath, it would only need 52 parking spaces. Not satisfied with that foot-bullet, they go on to allege that if the numbers were compared to the Buffalo org during “peak parking demand” they would need only 29 parking spaces (one space per 1800 feet (Paragraph 54-verified complaint). From this, we can infer that the numbers of those orgs are as bad or worse than those of Atlanta.

http://www.forum.exscn.net/showthread.php?t=19468


Title: Re: Lawsuits
Post by: Ididntcomeback on March 05, 2011, 03:34:21 PM
                Daniel Montalvo v. Church of Scientology, et al


Posted on March 5, 2011 by martyrathbun09| 20 Comments

S. Christopher “Kit” Winter of the Dykema law firm (HQ Detroit, offices around the U.S.) has filed two lawsuits in the Los Angeles Superior Court this afternoon.  Both are brought on behalf of his client Daniel Montalvo.   Copies of the suits can be found at the links below.

Kit is an extraordinary man.   Mike Rinder and I briefed him in detail on what he would be up against personally in suing on behalf of Daniel.  Kit is walking onto the field with his eyes wide open, and unflinching.

Daniel too was briefed on what he can expect to face and he too made a conscious, principled decision to proceed. 

I know us old timers have referred to Daniel as the “kid” in the past.  As of today Daniel is no longer a kid.  Daniel Montalvo is a man.

Montalvo Vs CSI

http://markrathbun.files.wordpress.com/2011/03/montalvo_v_csi.pdf

Montalvo Vs Brigge Publications

http://markrathbun.files.wordpress.com/2011/03/montalvo_v_bridge_publications.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on March 05, 2011, 10:44:08 PM
          Lawsuit claims Church of Scientology violated child labor and wage laws


A runaway from the Church of Scientology's restrictive religious order, the Sea Org, alleges in two lawsuits filed Friday that the church violated California laws regulating child labor, wages and school attendance.

Daniel Montalvo, who turns 20 today, also contends his parents, who remain in the Sea Org, neglected him and breached their duty to protect him from harm by ceding his care to the church.

Church spokesman Tommy Davis said Friday night the church had not been served with the suits and could not comment on them. He noted Montalvo took Church of Scientology property — computer hard drives — when he left valued at tens of thousands of dollars. Then, with the help of church defectors Montalvo moved them across state lines.

Born in Ecuador, Montalvo moved with his parents to the church's spiritual headquarters in Clearwater when he was 5. He stayed there until age 15, when he was transferred to Los Angeles, where he worked at church facilities until leaving last September.

The lawsuits filed in state court in L.A. include allegations that Montalvo:

• Was permitted to attend school about one day a week because working for Sea Org took priority.

• Spent his childhood working at least 40 hours a week, and often more than 100 hours a week for pay that ranged from $35 to $50 a week.

• Had no work permits required of minors.

• Was made to work back-to-back 12-hour days in the fall of 2007, when the church was pushing its staff to produce and sell a new book release.

• From 2008 to 2010, was punished along with other workers for lack of production. He was made to run laps wearing a jacket and tie, clean grease traps and do push ups.

• Worked past midnight for two months in 2009 after rising at 6 a.m. each day, and was made to do push ups and dig ditches for lack of production.

• Suffered an accident at age 16 while cleaning a "notching" machine at the church's printing unit, Bridge Publications. Half of his right index finger was cut off and no ambulance was called, the lawsuit asserts. It says Montalvo was taken to the hospital but told by the Sea Org to tell doctors he was a volunteer. He was not to mention Scientology.

According to one of the two lawsuits, Montalvo's parents "effectively abandoned" him, and his caretakers in the church failed to adequately educate him or provide sufficient care, including medical treatment.

"Intentionally deprived of the basic skills needed to permit him to become a functioning adult member of society, Daniel now comes before the court a 19-year-old man with an eighth grade education, without assets, without a resume despite having labored for hundreds of hours per week over the last five years," the lawsuit states. "Every adult in Daniel's childhood failed him.''

Montalvo also has filed a wage and hour claim with the state's Division of Labor Standards seeking more than $150,000 in back wages for the three years — 2007 to 2010 — he worked for Bridge Publications. Davis called the claim "absurd.''

Other Sea Org members have taken the church to court in recent years, making similar claims. But Montalvo's case differs in that it invokes laws protecting children, said his lawyer, S. Christopher "Kit" Winter.

In one notable case, Claire and Marc Headley of California sued in federal court, contending they were victims of forced labor. Claire Headley's suit also alleged she was pressured to have two abortions to remain in good standing.

The church denied all claims and said Headley's abortions were her decision.

A federal judge dismissed the Headleys' suits last year, citing in part a "ministerial exception" that generally prevents courts from prying into the affairs of any church.

But Winter argued that Montalvo would not be considered a church minister because he never conducted Scientology's core religious practice of "auditing" and had little formal religious training in the church.

Even if he were to be deemed a minister, that "does not excuse you from having to attend school," Winter said. "There is nothing in the case law that says the ministerial exception overrides child labor laws and compulsory school attendance laws."

He also addressed remarks by the judge in the Headley case, who stated that the Headleys knew what they were getting into when they joined the Sea Org and could have left at any time.

Winter noted Montalvo was 5 when his parents entered the Sea Org with him in tow and he could not have been expected to leave the group on his own. The lawsuits seek unspecified damages.

The Headleys are appealing.

Their allegations and those of Montalvo echo the claims of former church members who recently disclosed that they have been interviewed at length by FBI agents specializing in human trafficking. The FBI has said it will not confirm or deny whether an investigation is taking place. Asked Friday whether Montalvo had been interviewed by the FBI, Winter would not comment.

Montalvo ran away from the Sea Org on Sept. 24, 2010, aided by former executives of the church whose accounts of abuse in the Sea Org were published by the St. Petersburg Times in 2009.

Two defectors picked him up in a car near a church headquarters building on Hollywood Boulevard in Los Angeles. He flew to Florida and moved in to the Palm Harbor home of former Sea Org executive Tom DeVocht, whom Montalvo had known as a child when his father worked for DeVocht at church facilities in Clearwater.

The plan was for Montalvo to work for DeVocht. But Montalvo's parents intervened by phone from California, DeVocht said, as did an aunt, who lives in Clearwater and also is a Scientologist.

After conversations with church lawyer Kendrick Moxson, Montalvo agreed to return to L.A. A church staffer met Montalvo at the airport, his suit says, and took him to church attorneys who questioned him about five missing church hard drives. He then was taken to the Los Angeles County Sheriff's Department.

Montalvo was arrested on grand theft charges in connection with the hard drives, which Winter says were returned within days, and briefly jailed until bailed out by former church members. He has not been charged. One of the lawsuits filed Friday accuses Moxon of false imprisonment for luring Montalvo back to L.A. with deceptive statements.

Montalvo has been living since then on a secluded, 12-acre estate in Malibu owned by actor Jason Beghe, a former Scientologist who told the Times on Friday: "I thought that he would need to have a little space and have a safe environment.''


http://www.tampabay.com/news/scientology/lawsuit-claims-church-of-scientology-violated-child-labor-and-wage-laws/1155473


Title: Re: Lawsuits
Post by: Ididntcomeback on March 07, 2011, 10:10:15 AM
          Daniel Montalvo Hits Scientology With Stunning Child Labor Lawsuits.

  "It's early days, but this case should be spectacular to watch unfold."

http://blogs.villagevoice.com/runninscared/2011/03/daniel_montalvo_1.php


Title: Re: Lawsuits
Post by: Ididntcomeback on March 08, 2011, 03:55:33 PM
Daniel Montalvo's Scientology Lawsuit Claims False Imprisonment, Child Labor Violations, Lack of Education While Growing Up in L.A.-Based Org
By Dennis Romero, Mon., Mar. 7 2011 @ 7:06AM
Comments (23)
Categories: Scientology


Not exactly the glory days for the L.A.-based Church of Scientology.

A New Yorker piece on director Paul Haggis' split with the organization reported last month that the FBI was investigating allegations of abuse and human trafficking within Scientology.

Now a young man who says he escaped from a Scientology workplace in the city of Commerce after growing up in the church has made some bombshell claims -- including disregard for child welfare laws, failure to report child neglect to authorities, false imprisonment and violation of labor laws -- in a pair of suits filed in L.A. against Scientology and the publisher of its L. Ron Hubbard books.

Montalvo was 19 when he made a break for it last year with the help of a Scientology defector. He ended up in Florida. When he tried to contact his parents, however, a Scientologist allegedly talked him into returning to L.A.

While in L.A., the suit claims, Montalvo was falsely imprisoned.

Scientologists picked him up, took him to an Century City attorney's office and grilled him before taking him to the East L.A. sheriff's office, where he was arrested on suspicion of grand theft.

Sheriff's officials told the Weekly Montalvo had been accused of taking five hard drives worth $200 each, which would put them above the California threshold for grand theft.

The main lawsuit (PDF) against Scientology (it names the church's elite Sea Org, Montalvo's former school, and several individuals, including his parents) states that Montalvo actually took information on the drives that he deemed "necessary to protect himself" from the church.

The suit says that Montalvo grew up in the church since age 5 and didn't ever get a proper education about American history or government: "The Sea Org instructed [his parents] Luis and Veronica to surrender physical custody of Daniel to the Sea Org and its agents," according the suit:

Also among its other claims:

-The church had Montalvo sign two billion-year contracts to stay with it.

-As a child he was prohibited from consuming news media or going to book stores.

-He sometimes worked more than 100 hours a week at a rate of $35 to $50 per week.

-His education was limited to one day a week of class time.

-He moved to L.A. in 2006 and lived in "communal, barracks-style housing at the Scientology Center on Sunset Boulevard in Hollywood under the full-time supervision of the Sea Org and its agents."

-He did Sea Org construction work, including operating scissor lifts, for $25 a week at the age of 15.

-He operated forklifts and a notching machine with a guillotine blade when he started working at Bridge Publications (publisher of those L. Ron Hubbard books) in Commerce in 2007. Once while operating the notch machine his right index finger was cut off between his top and middle knuckle.

-In that incident he was allegedly driven to a hospital, where he was coached not to mention working for Scientology: "The Sea Org agent instructed Daniel to tell the doctor he was working as a volunteer," the suit claims. The bill has yet to be paid, according tot he suit. He was put back to work in two days.

-Montalvo was allegedly forced to work past midnight regularly, wake up at 6 a.m., do push-ups and dig ditches.

The suits are going for punitive and compensatory damages as well as attorneys' fees and more. But no cash amount has been attached to the suits just yet.

We'll stay tuned.

http://blogs.laweekly.com/informer/2011/03/daniel_montalvo_scientology_1.php


Title: Re: Lawsuits
Post by: NED on March 08, 2011, 09:08:18 PM
Good job.  Hope he goes for everything they've got.


Title: Re: Lawsuits
Post by: Ididntcomeback on March 22, 2011, 07:48:32 AM
LA County BOS March 8, 2011 Daniel Montalvo v. Church of Scientology et al.

http://www.youtube.com/watch?v=AHtRquSnsxs


Title: Re: Lawsuits
Post by: Ididntcomeback on March 27, 2011, 07:36:13 AM
         David Singer Enterprises (cult front group) sued for Religious                   Discrimination/wrongful termination


http://www.scribd.com/doc/51571936/Brett-Allen-Haugen-v-David-Singer-Enterprises-Religious-Discrimination-Wrongful-Termination


Title: Re: Lawsuits
Post by: Ididntcomeback on April 01, 2011, 07:13:12 AM
AnonOrange called me today with an update on his meeting before the judge in Riverside. This was the all important case management meeting which is one of the last powwows before a trial. Details of the case here: http://www.angrygaypope.com/gold/anonorange_beating_case/index.htm. Today he got Judge Sharon Waters who is going to be the judge at trial. Moxon and Cantrell were there. Moxon tried to push another sanction/penalty against him, I don't know what the legal term is, to try to cost orange money and delay the trial. Although Moxon had been there ten times in the past this was the first time the judge asked him "What are you doing here and what is your relation to the case if you don't work for LEster and Cantrell?"

The judge said "This is just going on and on and neither one of you is going anywhere. What about mediation?" Orange raised his hand and said "I would accept a mediator." They agreed to see Judge Waters again (dragging this out longer). Orange tells me he is happy with Judge Waters and feels she is fair and not tainted by Sci influence (aka corruption).

Moxon has also just subpoened a friend from AO's workplace and a friend who did not even know him at the time of the attack.

http://ocmb.xenu.net/ocmb/viewtopic.php?f=9&t=34720


Title: Re: Lawsuits
Post by: Ididntcomeback on April 02, 2011, 08:11:18 AM
Important! U.S. Supreme Court to Consider Church's ADA Liability
It's my understanding that the Headley's cases about forced abortion and wages is in appeals now due to the the protection Scientology has using the Ministerial employees related laws to not have employees treated as regular employees, even though the employee was never a minister while working for the church. I think a change is a coming on how this law is being misused and that should be helpful in all employee related lawsuits against scientology. Read below a new decision to review an employee dispute that involves an employee fired because she was ill ( Disability law suit)

( Document :
http://www.supremecourt.gov/orders/c.../032811zor.pdf )

High Court to Consider Church's ADA Liability
By BARBARA LEONARD
ShareThis

(CN) - The U.S. Supreme Court agreed Monday to review an employment dispute between a narcoleptic teacher and the parochial school that fired her.
Cheryl Perich had worked at Hosanna-Tabor Evangelical Lutheran Church and School in Redford, Mich., between 1999 and 2004. As a "called" teacher, meaning that she belonged to the teaching ministry of the Lutheran Church-Missouri Synod, the school could not dismiss Perich without cause.
Before taking ill in June 2004, Perich was assigned to teach third and fourth grades. She took a leave of absence for the 2004-05 school year but planned to return to work in late February 2005, at which point her doctor said she would become stabilized to medication for narcolepsy.
Though a doctor said that Perich would be fully functional with the assistance of medication, Hosanna-Tabor tried to force Perich to resign and claimed school board members were concerned that Perich would be able to supervise students throughout the entire day.
Perich refused to resign and said she pursue legal action unless the school could work out a compromise, and a month later the school fired Perich for insubordination and disruptive behavior. After Perich notified the Equal Employment Opportunity Commission in 2005 that the school had discriminated and retaliated against her in violation of the Americans with Disabilities Act, the EEOC filed suit on her behalf.
The Eastern District of Michigan awarded summary judgment to Hosanna-Tabor in 2008, finding that Perich's claims fell within the "ministerial exception" to the ADA, but the 6th Circuit vacated the award in March 2010.
Although Perich belonged to the teaching ministry, the federal appeals panel found that Perich's primary duties as a teacher were not religious in nature, as required to justify designation as a ministerial employee.
"The fact that Perich participated in and led some religious activities throughout the day does not make her primary function religious," the unanimous 6th Circuit decision states. "This is underscored by the fact that teachers were not required to be called or even Lutheran to conduct these religious activities, and at least one teacher at Hosanna-Tabor was not Lutheran." As is its custom, the Supreme Court did not comment in its decision to take up the school's appeal. It did grant several religious institutions leave to file briefs as amici curaie.
http://www.courthousenews.com/2011/03/28/35294.htm

http://www.forum.exscn.net/showthread.php?t=22722


Title: Re: Lawsuits
Post by: Ididntcomeback on April 15, 2011, 05:49:35 PM
                        Scientology reference in lawsuit.

.........For assistance in sorting out the legal sufficiency of the interests that the physicians do posit, we turn to previous cases. In Samuels, the plaintiff filed an action against L. Ron Hubbard alleging that Hubbard had committed various torts against the plaintiff through Hubbard's direction and control of the Church of Scientology of California, Inc., and the Church of Scientology, Mission of Davis. Hubbard did not appear in the case to defend the action, but the Church of Scientology of California and the Church of Scientology, Mission of Davis, moved to intervene as defendants. The trial court denied those motions, and the two churches appealed. In addressing the churches' arguments under ORCP 33 C, we considered purported interests that were similar to interests that the physicians advance in this case. First, we considered the churches' argument that the disposition of the case in their absence might, as a practical matter, impede their ability to protect their religious and reputational interests. We stated:....

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20ORCO%2020110413400.xml&docbase=CSLWAR3-2007-CURR


Title: Re: Lawsuits
Post by: Ididntcomeback on May 03, 2011, 11:06:59 AM
           Criminal complaint - Scientologist assault - Peter Gordon Alexandre


On the evening of March 9, 2011, at the grand opening of Kirstie Alley's Organic Liaison store in Los Feliz, I was assaulted by a Scientology handler, known to anons as "Flyer Guy", since identified by police as Peter Gordon Alexandre.

The LAPD officers I spoke with refused to file a report. I demanded to speak to their sergeant who instructed one of the officers to take my report. I later spoke with a LAPD detective of the incident.

Today, I received 2 letters from the Los Angeles City Attorney's Office. The 1st letter regards the hearing that has been scheduled on Tuesday, May 24 @ 9:30 am to adjudicate my criminal complaint against Mr. Alexandre.

(The 2nd letter refers to the hearing (same date, same time) to hear the assault charges Peter Alexandre has filed against me. This is OSA's handling of charges now. If anyone calls the police to file charges against a Scientologist attacking you, the Scientologist will say you assaulted him/her as well. I don't have scanner, but the letters read....
---------------------------------------------
Office of The City Attorney

4/26/2011

Garry Scarff
xxxxxxxxxxx
xxxxxxxxxxx

File No. H1CA01678

Dear GARRY SCARFF

Your complaint against PETER GORDON ALEXANDRE for a violation of Section P242, Battery, which occurred on March 9, 2011, has been scheduled for a hearing on May 24, 2011 @ 9:30 AM. Please appear at the City Attorney's Office, 312 South Hills St., 2nd Floor, Los Angeles, CA 90013, on the above date and time.

Please bring this notice and any documents, e.g., medical reports, photos, and receipts, or witnesses necessary to assist this office in reaching a decision in this matter. The accused, PETER GORDON ALEXANDER has been notified to be present.

Sincerely,

LaVerne Greenaway
Hearings Coordinator
--------------------------------------------------------------------------

Office of The City Attorney

4/26/2011

Garry Scarff
xxxxxxxxxxx
xxxxxxxxxxx

File No. H1CA01666

Dear GARRY SCARFF

A complaint has been filed with this office from PETER GORDON ALEXANDRE stating that you have violated Section P242, Battery, on March 9, 2011. The matter has been scheduled for a hearing on May 24, 2011 @ 9:30 AM. Please appear at the City Attorney's Office, 312 South Hills St., 2nd Floor, Los Angeles, CA 90013, on the above date and time.

Please bring this notice and any documents, e.g., medical reports, photos, and receipts, or witnesses necessary to assist this office in reaching a decision in this matter. Warning: Failure to appear at the City Attorney hearing may result in the filing of a criminal complaint against you.

Sincerely,

LaVerne Greenaway
Hearings Coordinator
-------------------------------------------------------------------------
I have since learned that Peter is was OT-V in 1994 but nothing appears on the Completion Lists since then.

http://www.truthaboutscientology.com...alexandre.html

His wife, Margaret "Peggy" Alexandre has an old Scientology personal page, but, evidently, isn't on the Completion List.

http://www.our-home.org/peggyalexandre/myself.htm

Peggy has a Facebook page:

http://www.facebook.com/people/Peggy...dre/1407966742

Peggy is a paralegal in the Pasadena law firm of Timothy Bowles. Tim used to be Rick Moxon's partner in the cult's in-house law firm of Bowles & Moxon.
---------------------------------------------------------------------------------------------------------------------------------------------------

If anyone knows Peter and has any background info on him, please PM me. Thanks. Garry


http://www.forum.exscn.net/showthread.php?t=23168


Title: Re: Lawsuits
Post by: Ididntcomeback on May 25, 2011, 01:57:45 PM
Re: Criminal complaint - Scientologist assault - Peter Gordon Alexandre

    POST- HEARING REPORT - Tuesday, May 24

    It has been a very interesting & enjoyable morning. The hearing was scheduled for 9:30, but I arrived early and not long after, “Flyer Guy” (Peter Alexandre) showed up..alone. When he saw me, he immediately did a 180 & immediately got on his cellphone before walking into an open market.

    Graham Berry showed up soon afterwards & we walked into the open market to get coffee.. I walked around the market looking for Flyer Guy but he was nowhere to be found..must have found a secret cubbyhole to hide in.

    At 9:15, Graham & I checked in at the City Attorney’s Office and had to go through a security check (emptying our pockets, checking briefcase, getting wanned) and sat down in the small reception room. Soon afterwards, Flyer Guy shows up with Rick Moxon, who says hello to Graham.

    After a short period of silence, Rick starts bullbaiting me & casting his usual dispersions oblivious to the security guard sitting nearby, and I respond accordingly, asking Rick how come he didn’t bring his usual arsenal of PC folders and documents to use against me, that he usually comes armed with boxes of legal documents.

    Moxon smirks. We then started talking about Anon Sparrow’s criminal case which Moxon claims “we won that case” causing Graham & I to break out in laughter.

    Moxon boasts, “Well, the judge banned him from ever protesting again at the Org,” whereby I respond that Sparrow can still protest across the street until the civil trial is resolved, and that I suspected he’s going to walk away pissed off again after Sparrow wins that case as well.

    I tell Rick he really needs to stop lying because he’s very poor at it, and that he’s gained a really bad reputation in his filing false charges against people and losing most of the court cases he’s involved in, that I’ve read the court record, and am aware that we was quite pissed off when Sparrow was acquitted.

    I told Rick it must have been unsettling for him to have to run back to the motel to change his underwear. I noticed the guard on my right looking at Moxon & laughing.

    I asked him about his exchange with the ACLU attorney at Sparrow’s trial. Moxon smirks and looks at the ground. I asked him some other questions and Moxon sits quietly with his usual shit-eating grin on his face and doesn't say a word. I told Moxon he has no confront.

    At 9:30, the hearings officer greets us and gathers us together in the hallway and asks Rick & Graham whether they want to discuss the case together in the room or separately. I tell Graham I’d like to have us all together in the room to discuss the case.

    Moxon immediately objects to this saying he wants us the parties to discuss the case separately & proceeds to charge down the hallway with Flyer Guy behind him, and the hearings officer behind FG calling out to Rick that he’s walking the wrong way. So much for taking the lead, Rick. Douchebag.

    Rick & Flyer Guy is in the room with the hearings officer for just under 10 minutes. Graham & I talk to the officer for over an hour. It was a very enlightening conversation and I was quite surprised how well-informed the officer was of Scientology and why it has such a bad rap.

    The officer, Ms. Benson, said there was some confusion in speaking with Flyer Guy & Moxon. Flyer Guy told the police officer on the scene (during the opening of Organic Liaison) that I physically assaulted him; Moxon reiterated this during the hearin. But Flyer Guy spoke up and changed his story saying that I assaulted him, that FG admitted body blocking me & that I pushed him away & walked past him.

    Evidently, Moxon was peeved at Flyer Guy making thisclarification. (I think FG has a heavy amends project coming his way).

    Graham & myself talk to the hearings officer about the case, my history in the cult and my past history working with Rick Moxon and why he’s determined to have me arrested, about the unannounced late night visits to my home from Tommy Davis and PIs, the harassment, etc. etc. We also discuss the cult's history of bad behavior and get into a very interesting discussion about the Lisa McPherson case.

    The hearings officer determined that Flyer Guy had no evidence to support a battery charge against me & dismissed his complaint. Because I don’t have videotaped evidence of FG assaulting me, she may or may not charge FG, depending on what she see's on my DVDs (huge thanks to Sparrow for the DVDs).

    The hearing ends with Graham commenting, “I don’t think she was very impressed with Moxon or the other guy.”

http://www.forum.exscn.net/showthread.php?23168-Criminal-complaint-Scientologist-assault-Peter-Gordon-Alexandre


Title: Re: Lawsuits
Post by: Ididntcomeback on May 29, 2011, 05:26:46 PM
                          AnonOrange fights cult over superfluous depos, wins

Protester AnonOrange has been fighting the cult since 2008 over his beating at the hands of cult guards while he was in an open field. THe story here. http://www.angrygaypope.com/gold/anonorange_beating_case/index.htm

Recently in his legal war against the cult everyone he has ever met or been employed by has been made the subject of deposition attempts by Scientology. From the people who made his protest signs, rented his protest costumes, protest with him or protested at the event he was allegedly beaten at. Then they went after his son and his ex-wife who he has not seen in two decades. Why? To pressure the people he knows. In the last two weeks AO found himself in court with the cult again as represented by David Cantrell their hired Riverside lawyer. The cult's main lawyer Kendrick Moxon of http://www.kendrickmoxon.com was usually present but this time he was not. He was in Washington DC attending the criminal trial of protester AnonSparrow. That was good, because it meant Mr. Moxon was not there to see the minor setback of being denied the right to subpoena AnonOrange's relatives. This time the commisioner (who was the same guy who wrongly sent him to jail during a mixup involving photos in the parking lot at Murietta courthouse ... long story) found the cult's attmpts to subpoena his family frivolous. Deposition request denied.

AO watched Cantrell make a long cell phone call from Riverside. At about the same time a protester was in Washington DC watching cult lawyer Kendrick Moxon make an angry phone call from outside the AnonSparrow courthouse. Was he furious over this loss of depositions? AO's ex-coworkers are still getting deposed.. One of them was interviewed under oath recently and she said that government security clearances he had obtained in the past would be more difficult to get now. This, she said, was due to attempts to harrass his former employers through depositions and the easy availability of protest related items in google searches of his real name This is important as it is a potential issue when AO is sueing for damages and lost future wages.

When this female co-worker recently testified at depo she noticed something unusal. She had been primed to face Moxon by watching some of my depositions available here: http://www.angrygaypope.com/videos/kendrick_moxon_depositions.htm . But Moxon was not there. Usually if this happened Cantrell, the cult's hired lawyer, would be there. But he wasn't. Did he lose his job on the case because he could not deliver still more frivolous subpoena's? This female witness also wondered what was going on with the lawyer who was present, Matthew Kraus. He seemed very nervous as he asked her page after page of questions she really had no idea about. Was he afraid he would get taken off the case if he screwed up?


http://lc-law-llp.com/attorneys.htm

They wanted to depose the guy who signed AO's time sheets from years ago. He had no idea who AnonOrange was and vice versa. Moxon also recently deposed the manager of AO's trailer park where he lives. For over two dozen pages of questions! With all the legal issues Moxon himself has why would he personally oversee the deposition of a simple, rural trailer park owner. I think he needs to take a time management course. I wonder where he could do that? How about any Scientology "church" on the globe!

http://ocmb.xenu.net/ocmb/viewtopic.php?f=9&t=35336


Title: Re: Lawsuits
Post by: Ididntcomeback on June 15, 2011, 02:17:51 AM

           AO Settles With Cult Over Attack

RIVERSIDE CA JUNE 13, 2011: In 2008 protester AnonOrange was beaten by cult guards while standing in an open field next to their property line in Hemet California. Details here. He sued Scientology for damages and injuries. The case went around and around in court. The Scientologists made sure the process took forever in an attempt to drain him of funds. They also subpoenaed or deposed many many people (including even his Holiness the Angry Gay Pope) who were not involved in the case. The was designed to bother AO's friends and past employers and make it harder for AO to get hired. But the most dramatic incident was the alleged arson of AO's lawyer's property midway through the case. Eventually the Riverside judge saw how Scientology's main lawyer, Kendrick Moxon, really had no interest in settling. The case was also costing the bankrupt Riverside justice system a lot of time and money with endless court appearances and deposition requests. The judge, Sharon Waters, recommended mediation. Today a mediator reached a settlement. The terms cannot be discussed by anyone involved according to the confidentiality agreement of the Riverside Bar Association, Dispute Resolution service. It was signed by CSI Legal Director Lynne Shape and all defendants including cult guards Danny Dunigan, Matthew Butler, Kenneth Seybold and Salvatore Meo. AO's ability to protest is completely protected.

http://forums.whyweprotest.net/threads/ao-settles-with-cult-over-attack.89740/


Title: Re: Lawsuits
Post by: Ididntcomeback on June 27, 2011, 05:30:55 PM
Laura DeCrescenzo v Church of Scientology CA 2nd Appellate District Opinion      

06-24-11

As you can imagine ... this is pretty complex legalese.
The upshot is that Laura sued the cult.

http://www.youtube.com/watch?v=znti7gITZpg&feature=player_embedded

Case dismissed.
She appealed.
Her appeal has been upheld.
Cult goes back to court.
Miscavige says..." What a week !!!"

Updates as they happen.

California Court of Appeal for the Second District wrote:
Our review of this record compels the conclusion that plaintiff has adequately alleged that (1) she was unable to comprehend the wrongfulness of the defendants' conduct for a period of time and that her causes of action did not accrue until she did so and (2) even after her delayed discovery of her causes of action, the defendants' threats and intimidation caused her to delay filing her complaint. In addition, we reject defendants' contention that plaintiff is collaterally estopped from prosecuting her action by a federal court judgment that equitable estoppel was inapplicable because the facts alleged in plaintiff's prior complaint were insufficient to demonstrate reasonable reliance on defendants' representations. We hold that her allegations of additional facts in the .present complaint establish a basis for reasonable reliance and such new allegations are not precluded by the federal judgment. We therefore will reverse the judgment with directions.

The skinny of the skinny is, Dismissal reversed and the lawsuit goes on.

http://www.scribd.com/doc/58723048/Laura-DeCrescenzo-v-Church-of-Scientology-CA-2nd-Appellate-District-Opinion-06-24-11



Title: Re: Lawsuits
Post by: Ididntcomeback on June 28, 2011, 01:00:57 PM
                              Barratry     


In one of the many articles on the subject Hubbard advised his followers that the only way to defend anything is to attack. "The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway well knowing that he is not authorized, will generally be sufficient to cause his professional demise. If possible, of course, ruin him utterly," he wrote.

Hubbard also tells his flock to have a personal civil suit for $100,000 damages served upon the attacker."

To the outsider such thinking may appear out of line with the traditional compassionate attitudes of established churches but as far as Scientology is concerned you've just got to beat the hell out of those who oppose or criticize you.

The church has found Hubbard's advice to be an effective and sound policy. Using the law as its club it can, with its unlimited financial resources, quell opponents: Few individuals who invoke the wrath of the church, can afford to bear the cost of heavy legal fees in defending their actions. With a $100,000 civil action threatening them most will retract their statements.

Those already threatened with civil actions include ex-members, book stores, libraries, and publishers who distributed or exhibited articles or books.

-----------------------------------------------------------------------
                                Barratry



Barratry
From Wikipedia, the free encyclopedia

Barratry is the name of four legal concepts, three in criminal and civil law, and one in admiralty law.

    Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass. This action is a crime in some jurisdictions.
    Barratry also refers to the act of soliciting legal business from potential clients based on a particular event (whether or not the intent is to harass). Pejoratively, this is called ambulance chasing.
    Barratry also referred to persistently inciting others to engage in litigation or other disputes or quarrels outside of the courts. This was a crime in England.
    In admiralty law, barratry is an act of gross misconduct committed by a master or crew of a vessel which damages the vessel or its cargo. These activities may include desertion, illegal scuttling, theft of the ship or cargo, and/or committing any actions which may not be in the shipowner's best interests by the master or crew.



http://en.wikipedia.org/wiki/Barratry


Title: Re: Lawsuits
Post by: Ididntcomeback on June 28, 2011, 03:43:07 PM

               DeCRESCENZO v. CHURCH OF SCIENTOLOGY INTERNATIONAL

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20CACO%2020110624032.xml&docbase=CSLWAR3-2007-CURR


Title: Re: Lawsuits
Post by: Ididntcomeback on July 01, 2011, 12:58:28 PM
     Ex Scientology message board founder posts ...                         

                  Scientology loses again!

    Today I got the call I've been waiting nearly 7 months for.

    The detective in charge of investigating the two charges I was arrested over in November called this morning to tell me they are not pursuing the charges because of insufficient evidence!

    DUH! I told them that back in November but they didn't listen.

    So Scientology's feeble attempt to get me to shut up and close the board down has not only failed, but it has pissed me off to such an extent that, now I'm free, I intend to be a massive pain in the ass for them at EVERY opportunity that presents itself.

    I haven't protested much before. I will now.

    I haven't done media before. I will now.

    I won't stop until every nail is hammered into the coffin of the church of Scientology and it's safe to dance on the lid.

    You hear me OSA! YOU FUCKED UP.

    I need to chill out and celebrate for a day or two and then I will get down to business. First on the list of things to do is to return donations. If you've donated to my legal defense fund expect an email in the next week.

Emma

http://www.forum.exscn.net/showthread.php?23763-Scientology-loses-again!


Title: Re: Lawsuits
Post by: Ididntcomeback on July 11, 2011, 04:46:42 AM
                                Scientologists threaten to sue cult victim group
Michael Bachelard
July 10, 2011

Read more: http://www.theage.com.au/victoria/scientologists-threaten-to-sue-cult-victim-group-20110709-1h85b.html#ixzz1Rin0vxcE


THE Church of Scientology has threatened to sue and claim punitive damages against a volunteer organisation that helps the victims of cults and their families.

The legal threat from the US-based religion accuses the group, Cult Information and Family Support, of religious vilification over statements made in a brochure advertising their conference later this year.

But the volunteer organisation has refused to bow to the demands of the Scientologists, saying instead that they will continue their ''humanitarian support work''.

The brochure advertising the support group's national conference in Brisbane next month quotes one of their speakers, independent MP Nick Xenophon, from a Senate speech in 2009, in which he labelled Scientology a criminal organisation.

The brochure includes allegations from that speech that members of Scientology had experienced ''blackmail, torture and violence, labour camps and forced imprisonment and coerced abortions'' at the hands of the religion.

But in the legal letter, Scientology lawyer Kevin Rodgers of Sydney firm Brock Partners, said the brochure was ''grossly defamatory of [the church of Scientology], its officers and parishioners''.

''The Church considers the brochure conveys defamatory imputations that it … 'is a cult' is an 'abusive and destructive group', that it 'psychologically manipulates persons under coercive controlling circumstances and runs a 'labour camp','' the legal letter said.

The church also accused CIFS Queensland of breaching the state's religious vilification law by inciting hatred, severe ridicule or serious contempt of it.

Scientology spokeswoman Virginia Stewart told The Sunday Age that in the most offensive parts of the brochure, CIFS had compared its practices to ''the tragic and extreme beliefs and actions of David Koresh and Jim Jones''.

The legal letter said the church and its officers ''strenuously deny these unfounded basely [sic] accusations'', and demanded CIFS withdraw mention of Scientology and provide a written apology.

Failure to do so would ''be used in any additional action our client Church is advised to take to claim punitive damages''.

Ms Stewart said the church ''shares none of the characteristics of a cult''.

''We do not have a messianic leader, we do not predict the end of the world, our members are urged to think for themselves and are not subject to 'coercive persuasion or mind control'. And we most certainly do not promote suicide or murder as solutions to human unhappiness. Quite the opposite,'' she said.

CIFS president John McAlpin, a former member of the Exclusive Brethren, told The Sunday Age that all the references to Scientology in the brochure were already in the public domain, and the legal threats were an attempt to stop victims speaking freely.

The conference at Brisbane Parliament House is designed to offer support to former cult victims and their families, and to help train health professionals in how to deal with the after effects of involvement with a cult.

Former Scientology member Paul Schofield said Senator Xenophon's statements about the religion ''certainly fit with my personal experience - and if they want to sue me they can go ahead''.

Ms Stewart asked why Mr Schofield had not been charged with conspiracy to pervert the course of justice and/or perjury for his claims.


Read more: http://www.theage.com.au/victoria/scientologists-threaten-to-sue-cult-victim-group-20110709-1h85b.html#ixzz1RimHkA7c


Title: Re: Lawsuits
Post by: Ididntcomeback on July 18, 2011, 11:15:17 AM
The Jerusalem Post: Gor Finkelstein Arrested AGAIN!

Lawyer suspected of hiring hit man to kill witness
By YAAKOV LAPPIN AND JPOST.COM STAFF
07/17/2011 17:08

Charges against attorney Gor Finkelstein include ordering hits on ex-wife, her boyfriend, city official, plot to blow up Jaffa Scientology Center.

    Gor Finkelstein who had been an attorney representing scientology in Israel didn't have a very good Sunday.

    He already was sitting in prison as the police suspected that:

    1) Finkelstein paid hundreds of thousands of shekels to seven alleged Jaffa mobsters to bomb the Scientology Center building in Jaffa for financial gain. When the plot, involving a truck filled with gas canisters and 300 liters of gasoline failed, the men were ordered to set the building on fire. That attempt resulted in failure as well.

    (EDIT: From a previous news story, also from The Jerusalem Post:
    "The suspects had allegedly planned for that attack to be blamed on Jewish religious organizations that are opposed to the presence of Scientology in Israel." )
   http://www.jpost.com/NationalNews/Article.aspx?id=220942


    2) He sent the men on failed bids to kill a senior Tel Aviv Municipality official, Sota Hovel, who had disrupted his financial plans for the Scientology building.

    3) He's also accused of hiring hit men to murder his ex-wife and her partner, Daniel Cohen, in Haifa. Those assassination attempts, which involved a bomb planted in the partner’s car, failed. The device went off as the partner and his daughter were in the vehicle.

    Today (Sunday) he was arrested (again) in Hasharon Prison under suspicion that he attempted to arrange the murder of a witness in his current trial. Finkelstein's father was also arrested on suspicion that he tried to help hire the hit-man to kill the witness.

http://www.jpost.com/NationalNews/Article.aspx?id=229693


Title: Re: Lawsuits
Post by: Ididntcomeback on July 22, 2011, 11:16:12 AM
 
                        Rehab Center Blasted As Scientology Front

SANTA CRUZ, Calif. (CN) - Narconon charged a woman $34,000 to treat her alcoholism, but did not inform her that the program is a recruitment tool for Scientology, and it refused to refund her money though she left after 2 days because of its "medically unsound" treatment and other misrepresentations, the woman and her husband say.
     Danette Elliott and her husband are Catholic and say they would not have chosen Narconon had it informed them of its links to Scientology. The Elliotts say Narconon misrepresented its success rate in its ads, and that Narconon and its co-defendant affiliates "are engaged in a scheme or plan to enrich themselves and to provide a recruit base for the Church of Scientology rather than to provide competent treatment for chemical dependency."
     The Elliotts sued Narconon Vista Bay, Narconon International and the Association for Living and Education International in Santa Cruz Superior Court, alleging fraud and breach of contract.
     The Elliotts say they were drawn to Narconon by a website advertising Narconon, which gave "a glowing report about the efficacy of the treatment program. Said plaintiff was never told that the program was part of the Church of Scientology."
     The Elliotts say Narconon charged them $34,000 for substandard treatment and Scientology propaganda.
     "Plaintiffs were not informed that defendants are an off-shoot of the Church of Scientology and that the programs offered by defendants are used as a recruiting tool for the Church of Scientology," the complaint states. "In fact, plaintiffs were told that the program was non-denominational when, in fact, the program is used as both a recruiting tool as well as a funding source for the Church of Scientology.
     "Plaintiffs were not informed that the facility was run by individuals who had gone through the program being offered to plaintiffs and that these individuals were incompetent to provide treatment. Plaintiff believed that the treatment she would receive would be by individuals who were licensed and trained in the area of drug or alcohol addiction.
     "As noted above, plaintiffs were falsely informed that the program was non-denominational. Plaintiffs are Catholic and their religion is very important to them. During plaintiff Danette Elliott's stay at the facility, defendants' employees regularly proselytized the Church of Scientology and denounced legitimate religions. Treatment included reading books of L. Ron Hubbard, a deceased science fiction writer and founder of the Church of Scientology. These actions were highly offensive to plaintiffs.
     "Plaintiffs were informed that defendants utilized accepted standards of treatment for chemical dependency when, in fact, the treatment by defendants is not accepted in the treatment community as being within the standard of care.
     "Plaintiffs were informed that defendants had a 70 percent success rate in treatment of drug dependency when, in fact, their success rate is much lower. Indeed, the success rate of Narconon is less than the industry average."
     The Elliotts say Narconon also lied when it claimed "that their Blue Cross health insurance might be able to pay some of the costs of the treatment."
     They say Narconon promised vacation-like amenities, good food, entertainment and a "retreat to recharge", but failed to deliver on any of it.
     "Plaintiffs were told that the treatment was an 'open system' and was like 'going on a vacation'. They were told that treatment started with a dry sauna treatment for about 10 days to rid her of toxins. Plaintiffs were told that there would be various exercises, both physical and mental, to find the causative reasons for her addiction," the complaint states.
     "In fact, plaintiff was taken to a 'withdrawal' cabin where she was crammed into a small living quarters with 9 other 'students' and 2 to 4 staff members. There was little privacy with the cabin consisting of 3 rooms with double beds. The food was terrible. Plaintiff was not allowed to leave the 'withdrawal' cabin. She was not allowed to communicate with the outside world. The basketball court consisted of a broken basketball hoop alongside the road. The laundry facilities where it was represented that 'everything is provided for you' were several worn washers and dryers in a lean-to on the side of the road."
     Danette Elliott claims "the treatment received by plaintiff was medically unsound and, in fact, dangerous." She says she received a "drug bomb" of potentially lethal levels of vitamin A and niacin at least 4 times a day.
     To top it off, Narconon denied Danette her prescribed medication. "This medication is necessary to treat a life-threatening blood disorder. When plaintiff demanded that she be given this medication she was told the medication was with the 'other contraband' taken from her at the time of admission," the complaint states.
     Danette says she fled after 2 days, but Narconon refused to refund the $34,000.
     The Elliotts say, "the conduct of defendants is pervasive and plaintiffs are not the first victims of the conduct of defendants. Defendants are engaged in a scheme or plan to enrich themselves and to provide a recruit base for the Church of Scientology rather than to provide competent treatment for chemical dependency."
     The Elliotts want their money back and $1 million in punitive damages.
     They are represented by John Hannon II of Capitola, Calif.

http://www.courthousenews.com/2011/07/21/38330.htm

http://blogs.laweekly.com/informer/2011/07/scientology_narconn_lawsuit.php


Title: Re: Lawsuits
Post by: Ididntcomeback on August 12, 2011, 11:47:27 AM
                                   Scientology
           The Top 25 People Crippling Scientology, No. 23: Ken Dandar

Last Friday, we started a countdown that will give credit -- or blame -- to the people who have contributed most to the sad current state of Scientology. From its greatest expansion in the 1980s, the church is a shell of what it once was and is mired in countless controversies around the world. Some of that was self-inflicted, and some of it has come from outside. Join us now as we continue on our investigation of those people most responsible...


The first person Lisa McPherson's family thanked after their ordeal was over and they had pried a settlement out of Scientology nine years after Lisa's death was their attorney, Ken Dandar. McPherson's aunt, Dell Liebreich, wrote this about Dandar after the court case was finally over:

    He and his brother Tom are very brave and withstood the onslaught of the persistent attacks of Scientology and its agents. No other attorneys would help us. Even after Ken had a quintuple coronary bypass, he was in court facing Scientology, three days following his hospital discharge. His wife, Lauren, and his daughter, Christina, also withstood the great pressure in facing Scientology, things I dare not mention here. Over these many years, I am amazed at how many people, including lawyers, told me and my sisters how lucky we were to have someone like Ken and his brother fighting for us, undaunted by the methods used by Scientology. Not even the Minton efforts of Scientology could stand against Ken. We thank Luke Lirot, Ken's attorney, for doing a great job in representing Ken and us in court.

(For those unsure what we're talking about, please pick up a copy of Janet Reitman's excellent book, Inside Scientology. Her four chapters about the life and death of Lisa McPherson, and the ensuing court battles over it, form the heart of her gripping history of the church.)

I asked Scott Pilutik, a younger lawyer who is quickly becoming an authority in the field, to give me his assessment of Dandar:

    Ken Dandar in many ways represents the greatest threat to the Church of Scientology's continued existence, and consequently they've shown an unceasing willingness to undermine him at every turn. Most people thought it was Bob Minton who threatened Scientology the most, but Scientology only destroyed Minton in order to get at Dandar. That he's still standing after all they've thrown at him is ample evidence of his unflinching tenacity. And Scientology continues to use the Lisa McPherson case as a weapon -- arguing in the Kyle Brennan wrongful death suit (in which Dandar represents the Kyle Brennan estate) that the settlement agreement between the Lisa McPherson estate and Scientology prohibits Dandar from litigating against Scientology forevermore! An argument which Florida state court judge Beach -- a longtime admirer of Scientology's legal creativity -- actually gave credence to, despite ample precedent that it's against public policy to interpret an agreement to restrict an attorney's law practice. But these are the lengths to which Scientology must resort, as being found liable for wrongful death -- whether Lisa McPherson's or Kyle Brennan's -- is something Scientology can't have on its ledger.

Look, litigation is tough, and there are plenty of Denny Crains out there who wear their court victories like notches on their belts. But it takes a special kind of lawyer to spend year after year battling Scientology, which never saw a local court rule that it didn't want to pervert, a judge it didn't want to baffle with bullshit, or a court clerk it didn't want to bury in paper by the ton.

DanLeipold.jpg
Credit: Grady Ward
Dan Leipold, 1947-2007
​The late Dan Leipold, for example, was the kind of attorney who kept coming on no matter what obstacles church attorneys threw in his way. He and another tenacious attorney, Ford Greene, worked together on something as significant as the Lawrence Wollersheim cases, and also something as strange and unsettling as the Raul Lopez matter.

In the Wollersheim saga, Leipold and Greene were seeking the money that the church had owed the former Scientologist since he'd won his fraud case against the church in 1986. In 2002, when I spoke to them about it, they were still trying to get Wollersheim his money. And they were doing it in an incredibly creative way -- by threatening to lay bare David Miscavige's ultimate control of every Scientology entity, in violation of the church's tax-exempt status with the IRS.

FordGreene.JPG
Ford Greene
​The very morning that evidence was finally going to be heard in a Los Angeles courtroom, a Scientology subsidiary that was supposed to be broke suddenly showed up to the courtroom with a check for almost $9 million to finally end the case.

"They caved because we had the goods on these guys in direct contravention to their tax exempt status. Miscavige has been running the church since 1986," Leipold told me.

Leipold and Greene also worked on the oddest of Scientology lawsuits: the case of Raul Lopez, a brain-damaged young man who was being fleeced out of the $1.7 million he'd received in a settlement after the auto accident that injured him. Wrote my colleague Ron Russell at the time:

    In the intervening years, Leipold and Greene claim, their client was "systematically looted" of his wealth at the hands of the church and individuals associated with it. Between 1987 and 1996,their complaint says, Raul Lopez spent nearly $600,000 for Scientology products and services thatcan be documented. Much of the money went to pay for months of auditing sessions at Oxnard,which took place up to six times a week, before he was passed up the bridge for more advancedauditing at both the church's Celebrity Centre International in Hollywood and at its sprawling FlagService Organization (commonly referred to within the church as Flag Land Base) in Clearwater,Florida. He says he passed out during auditing on at least three occasions and that each timechurch representatives attributed it to personal inadequacies that they said only pointed up theneed for more intense auditing. In addition, the lawyers contend that their brain-impaired clientforked over hundreds of thousands of dollars to people connected with the church for other purposes. "They isolated him from his family and took control of every aspect of his life," says Leipold."They squeezed him until there was nothing left."

Sadly, Leipold died in 2007 at only 59 years of age. I asked his old partner for a remembrance of him, and this is what Greene sent me:

    Dan Leipold was a dogged professional whose sense of injustice Scientology profoundly offended. Creative, effective and taking no prisoners, Dan kicked Scientology's ass on behalf of the Cult Awareness Network, Raul Lopez and Lawrence Wollersheim. He was a fox hole brother whose presence -- and humor -- is always missed.

Greene, meanwhile, has gone on to a surprising new racket: he's the mayor of San Anselmo, California.

There's another attorney, however, who never seems to leave the trenches. One of the most difficult stories I have ever reported was a 1999 story about the "fair game" attack on lawyer Graham Berry.

GrahamBerry.jpg
Graham Berry
​Berry was not only a tireless litigator against the church, he happened to be a gay man who had lived in New York during the 1970s. Hoping to slime Berry, Scientology sent its legendary goon, a disgraced former cop named Eugene Ingram, to look for any leverage it could use against the attorney, and found it in a troubled man name Robert Cipriano. Pressuring Cipriano about his own legal troubles, Ingram and Scientology convinced him to sign a false affidavit that was filled with homophobic slander about Berry.

It took Berry years to fight that attempt to slander him, and that only brought him into Scientology's noose even tighter: I watched as the church bankrupted him, and harassed him with constant depositions that would have broken 100 other men or women.

To this day, however, Berry has not only refused to give up his fight against Scientology, but he's done it on the front lines, speaking at conferences, manning picket lines, and somehow doing it with no means of visible support. You just can't kill the man's spirit.

ScottPilutik.jpg
Scott Pilutik
​And finally, I want to mention Brooklyn Manhattan attorney Scott Pilutik, who has become a favorite with Scientology watchers for the clear but detailed analyses he does of ongoing church litigation at his blog, realitybasedcommunity.net.

For example, he's helped us non-lawyers understand the tricky jurisdictional issues in the lawsuit filed by Laura Decrescenzo. "Laura D's" case is especially troubling, writes Pilutik:

    At age 9, Laura began working for the Church of Scientology's Sea Org in the most miserable conditions imaginable in a non-third world country. At age 16 she married a fellow Scientologist staff member and soon became pregnant. Scientology forced her to abort her child-Sea Org workers with children aren't nearly as productive and, accordingly, having them is forbidden. Laura endured many more years of abuse within the Sea Org, spending long stretches of time on the Rehabilitation Project Force (Scientology's brand of prison camp). In 2004, at the age of 25, she had finally had enough. Knowing that the quickest way out was to be seen as visibly suicidal, which would cause Scientology to "offload her," she ingested bleach in view of another Sea Org worker.

If that's frightening, you should see what's happened to her case in the courts. The jurisdictional and timing issues are complex and make my head hurt. But "T1kk," as he calls himself, has helped us all understand better where the case is headed.

The most recent ruling Pilutik called "a potentially devastating blow to the Church of Scientology." Well, we'll see.

Coming on Saturday: our next entry in the countdown. Until then, keep the guesses coming!

http://blogs.villagevoice.com/runninscared/2011/08/ken_dandar_top_25_crippling_scientology.php


Title: Re: Lawsuits
Post by: Ididntcomeback on August 24, 2011, 11:12:53 AM
                       Rhett S Daniels: The misuse of courts

One of the more infamous series of cases in terms of court abuse was Scientology’s policy of “Fair game” – in which the church used any and all means to “get” its critics.

The court case side of it was an example of how legal systems can be perverted towards achieving the exact opposite goals for which they were set up. The law is there to protect people’s rights, yet the simple threat of civil suits was used to harass and silence criticism.

To deprive people of their right to free speech goes against what the law is there for, yet it was the intended effect of these nuisance suits. This is what started project Chanology.

The reason I bring this up is because of a vitamin woo pusher called Rhett Daniels of Captiva Pharmaceuticals. Rhett read a skeptic blog he didn’t like and thus decided to track down the blogger’s employer. He then threatened the blogger’s employer with a lawsuit.

Rhett, in the same thread he confessed to performing the said action, then complained about being censored. Fascists aren’t known for their self-awareness.

The blogging world needs more good, reliable and professional blogs about healthcare issues. I am simply a journalist with an interest – mainly born of not wanting to accidentally kill people with misinformation.

But people who have in depth knowledge, as well as the passion and skill to share that knowledge, are rare enough without litigious jackasses shutting them down.

http://blogs.timeslive.co.za/expensive/2011/08/23/the-misuse-of-courts/

http://www.flickr.com/photos/35237098986@N01/2256418320


Title: Re: Lawsuits
Post by: Ididntcomeback on October 06, 2011, 12:54:29 PM
                Sandy Springs prevails in Scientology lawsuit

The city of Sandy Springs reported on Oct. 5 that it has prevailed in a lawsuit filed against it by the Church of Scientology over a zoning matter.

U.S. District Judge Amy Totenberg ruled in favor of the city on Sept. 30, saying the city objectively enforced its parking ordinance.

The Church of Scientology filed an application to convert a 32,053 square foot office building into an estimated 44,000 square foot church, the city reported. The City Council approved the use of the property for a church, but limited the size of the building to the existing space citing a lack of sufficient parking. The Church of Scientology sued the city for religious discrimination in federal court in January.

More than 600 residents opposed the zoning application, according to newspaper archives.

“We are pleased that the judge recognized that the city’s staff acted in accordance to city ordinance procedures, and chose to dismiss that claim against the city,” Sandy Springs City Attorney Wendell Willard said in a press release.

City Spokeswoman Sharon Kraun said the city insurance carrier picked up the cost of defending the lawsuit.

Attempts to reach Church of Scientology officials on Oct. 5 for comment were unsuccessful.

http://www.reporternewspapers.net/2011/10/05/sandy-springs-prevails-in-scientology-lawsuit/


The purpose of a lawsuit is not to win, but to harass.
                                                                         L Ron Hubbard


Objective achieved.  Plus you get harassed back by reporters for free.


Plus     "Judge backs city in first round of church discrimination suit
No ruling yet on discrimination claim"....


http://www.ajc.com/news/north-fulton/judge-backs-city-in-1195105.html


Title: Re: Lawsuits
Post by: Ididntcomeback on October 30, 2011, 09:55:26 AM
                            Re: Daniel Montalvo Files Suit

    Evidently, Danny has settled with the cult out-of-court on both claims, I presume with both parties bound by confidentiality (gag) agreements.


    Case Number: BC456610
    DANIEL MONTALVO VS BRIDGE PUBLICATIONS INC
    Filing Date: 03/04/2011
    Case Type: Other PI/PD/WD (General Jurisdiction)
    Status: Dismissed - Other 10/18/2011

    10/18/2011 Request and Entry of Dismissal (W/P ENTIRE ACTION...... )
    Filed by Attorney for Pltf/Petnr
    ---------------------------------------------------------------------------

    Case Number: BC456611
    DANIEL MONTALVO VS CHURCH OF SCIENTOLOGY INTERNATIONAL ET AL
    Filing Date: 03/04/2011
    Case Type: Other Intentional Tort-notPI/WD/PD (General Jurisdiction)
    Status: Dismissed - Other 10/19/2011
    Future Hearings
    None

10/19/2011 Request and Entry of Dismissal (W/PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACITON )
Filed by Attorney for Plaintiff/Petitioner
-------------------------------------------------------

The cult buys justice yet again.

I gotta tell you.... Scientology plays mans rules like a sucker.
It squeezes through every crack.
When it crumbles it would be of great benefit to mankind to fill all the cracks Scientology got through.

A great lesson for all the thinkers of this world.



Title: Re: Lawsuits
Post by: Ididntcomeback on October 30, 2011, 10:25:14 AM
                               Is Scientology a Religion?

Posted on October 29, 2011 by martyrathbun09| 63 Comments

Mike Rinder addressed the question of whether Scientology meets the accepted scholarly and legal standards of what constitutes a religion in a presentation to the Philosophical Society at Trinity College in Dublin Ireland this week.   While versions of this address have appeared in the comments section of this blog already, here is a version with better audio than those posted thus far.  I recommend that anyone interested in the subject of Scientology listen to the entire presentation.

http://www.youtube.com/watch?v=dWc5WWEbTzQ&feature=player_embedded

For those whose intellectual curiosity has been piqued here is the Australian High Court decision of 1983 that Mike referred to, Australian High Court.

For those who want to study the evolution of the establishment of Scientology’s religiosity, Justice Skelly Wright’s, of the D.C. Federal Appellate Court, 1969 opinion in the Food and Drug Administration’s case against the e-meter is essential reading, Founding Church of Scientology vs United States (1969)

Since 1983 many other legal precedents were delivered that further established the religious bona fides of Scientology offering constitutional protection to the practice of Scientology in other contexts.

Each one of those precedents was hard won by a lot of determined Scientologists over the past six decades.  That David Miscavige has cynically used those protections to create a sort of immunity for his commercial, criminal operations cannot be allowed to wipe out that selfless work for humanity.  The only thing that stands between Corporate Scientology’s avarice and the ruination of those Constitutional protections is a community of sincere, ethical, independent practitioners continuing to grow and communicate.

http://markrathbun.wordpress.com/2011/10/29/is-scientology-a-religion/

What Mike fails to see is that Scientology is THE PERFECT EXAMPLE of
why organized religion is anathema to spiritual growth.


Title: Re: Lawsuits
Post by: Ididntcomeback on November 02, 2011, 01:51:58 PM
Daniel Montalvo Cases Are Settled
Posted on November 1, 2011 by martyrathbun09| 52 Comments

references: Daniel Montalvo vs. Church of Scientology, et al, and Free Daniel Montalvo

Daniel Montalvo recently settled his lawsuits with Corporate Scientology entities.  The terms of the settlement were not particularly favorable to Daniel, but the settlement provides him: a)  protection from future liability for having taken computer hard drives with him when he left Corporate Scientology, and b) a little something to make his transition into outside life a bit easier.

When I originally posted about the lawsuits in early March 2011, I posted the following comment in response to a number of comments speculating how the suits would accomplish sweeping effects:

I have noted a number of comments speculating on strategies and potential outcomes. I think people should know that this case is Daniel Montalvo’s. His lawyer is a consumate, ethical professional. He is representing Daniel and ONLY Daniel. I am confident that he will do everything in his power to make his client whole ensuring he has the best chance possible for living a productive, fullfilling life. That is his obligation, no other. Whatever path this case takes the fact of it being brought, and hopefully the fact of it resulting in a wrong being justly remedied, will serve as benefit to the public at large and others similarly situated. Anything beyond that is of no concern to me. I would hope others will grant Daniel and his counsel that space and power of choice.

Daniel and his counsel did not consult with me about the settlement before entering into it as was their privilege.  They both felt that under the circumstances, and given the opponent they were facing, they did the right thing for Daniel at that juncture of the litigation.  What they ran into was precisely what Mike Rinder and I informed them they would prior to filing suit; something I don’t think either of them fully appreciated at that time. Nonetheless, having learned the circumstances after the fact, I believe Daniel was well served by his counsel Kit Winter.  Given the hand he was dealt Kit pulled off a minor miracle.

To those who donated to get Daniel out of jail and the charges against him dropped, your intention was fully accomplished.  Corporate Scientology officially dropped charges against Daniel.  To all of you, thank you very much, and very well done.

While Corporate Scientology expressly reserved the right to continue to come after me for something Daniel testified truthfully under oath that I had nothing to do with, you probably already know my response to that: “make my day.”

While Daniel handled his suit as I noted he should in the italicized passage above, he and Kit provided a great service to all of us. They kept the Corporate Scientology legal battalions pinned down for several months; obsessed with staving off Kit and Daniel’s advance made many other advances across the world possible.

Thanks to everybody who contributed, not just money but their time, their homes, their food, their vehicles, themselves.  You truly are appreciated.

http://markrathbun.wordpress.com/2011/11/01/daniel-montalvo-cases-are-settled/


Title: Re: Lawsuits
Post by: Ididntcomeback on November 04, 2011, 05:50:52 PM
  Re: Media Alert: Slater & gordon Investigates Class Action over Scientology Wages Claim.

    I spoke with Slater & Gordon yesterday and they are ready to go.

    So all who want to be part of the class action please make contact by phoning
    02 82670626 (for international callers place 0011 61 in front of number) for staff and SO members who have worked in Australian Orgs including Scios front groups.

    If you have concerns about privacy or fear the of CoS retaliation by fair gaming and disconnection this is understood by Slater & Gordon, they are well aware of the CoS practices, and all information remains confidential.

    The 'statutes of limitations' are currently being look at to see if we can extend the years so please do not use this as a reason not to contact Slater & Gordon. Nothing is certain on this but we do need to stay positive and prepare to put an argument forward and it's requiring more work.

    Also just a note: the Fair Work Ombudsman findings were not important to Slater & Gordon moving forward on the class action, this firm had already completed an extensive investigation into the CoS employment practices and came to the conclusion that it was in breach. The firm did not wait to see what FWO findings were before advertising the class action.

    If you have any questions please PM me.

Happy days

http://www.forum.exscn.net/showthread.php?24781-Media-Alert-Slater-amp-gordon-Investigates-Class-Action-over-Scientology-Wages-Claim/page13



Title: Re: Lawsuits
Post by: Ididntcomeback on December 05, 2011, 02:04:09 PM
           Soap Star Sues Chiropractor She Won't Crack My Back 'Cause                 I'm a Scientology Reject

"Young and the Restless" star Michael Fairman has filed a lawsuit against a Scientologist chiropractor -- claiming she refused to see him and his family after he was excommunicated from the Church.

Fairman claims he was a prominent member of the Church, but became disenchanted with the way Church was running things. Fairman claims Church leaders got fed up with him earlier this year, branded him and his wife "suppressive persons" and blacklisted the family from all things Scientology.

After Fairman was ousted, the actor claims he received a letter from the family chiropractor -- an active Scientologist -- informing him she would no longer treat the Fairman family. Fairman also claims she refused to hand over a copy of the family's medical records.

In the lawsuit, Fairman claims he MUST have been discriminated against because he's no longer with the Church -- noting that he's been a good, paying customer since 2003.

http://www.tmz.com/2011/12/04/michael-fairman-scientology-lawsuit/#.Ttwl01Y_HKQ

http://www.hollywoodreporter.com/news/young-restless-michael-fairman-scientology-lawsuit-269445

http://laist.com/2011/12/04/soap_star_sues_his_chiropractor_for.php


Title: Re: Lawsuits
Post by: Ididntcomeback on December 06, 2011, 12:07:44 PM
              The Fairmans vs. Scientology Rights Violators

Posted on December 5, 2011 by martyrathbun09 | 53 Comments

I have obtained a copy of Michael, Sky and Joy Graysen Fairman’s lawsuit against Corporate Scientologists who have violated their civil and human rights quite apparently on orders from David Miscavige’s Scientology Corporation.

Read the lawsuit here: FAIRMAN COMPLAINT
http://markrathbun.files.wordpress.com/2011/12/fairman_complaint_20111204125357.pdf

Michael and Joy are adhering to their lawyer’s counsel not to comment on the suit publicly.   But, if one reads the lawsuit in full there really should be no questions remaining.

Thank you to Michael, Sky, and Joy for stepping up with strong backs despite Corporate Scientology’s attempts to ride them.

Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom. A man can’t ride you unless your back is bent.

- Martin Luther King Jr


http://markrathbun.wordpress.com/2011/12/05/the-fairmans-vs-scientology-rights-violators/


Title: Re: Lawsuits
Post by: Ididntcomeback on December 08, 2011, 01:39:10 PM
Little addendum on the Law suit mentioned above

I had various lawyers look over the complaint.

Just for fun.

I am told it is an extremely good complaint.

It has "sex appeal" meaning it will communicate to a Jury.
No THUG Mafia TYPE bully religion should be able to get away
with such conduct.

And Justice for all.....

http://ocmb.xenu.net/ocmb/viewtopic.php?f=9&t=41348&start=300


http://markrathbun.files.wordpress.com/2011/12/fairman_complaint_20111204125357.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on December 22, 2011, 07:09:17 PM
             Judge dismisses wrongful-death lawsuit against Scientology


In Print: Thursday, December 22, 2011

A wrongful-death lawsuit filed against the Church of Scientology and three church parishioners after the apparent suicide of a 20-year-old Virginia man who died in Clearwater while visiting his Scientologist father has been dismissed by a Tampa federal judge.

Clearwater police determined Kyle Brennan of Charlottesville took his own life on Feb. 16, 2007, using a gun he found in his father's downtown apartment. Thomas Brennan later found his son.

A federal lawsuit filed in 2009 by Kyle Brennan's mother, Victoria Britton, on behalf of her son, contended Brennan's death was the result of improper actions by his father and two other church members.

It alleged Thomas Brennan hid his son's antidepression medicine, Lexapro, after conferring with his church counselor, Denise Gentile, who is the sister of Scientology's leader, David Miscavige.

Scientology strenuously opposes psychiatry and the use of psychotropic drugs.

Kyle Brennan, who was not a Scientologist, had traveled throughout the country for two months before visiting his father.

He took Lexapro for depression.

The suit named as defendants Brennan, Gentile and her husband, Gerald Gentile, both of Clearwater, as well as Scientology's Clearwater-based Flag Service Organization.

U.S. District Judge Steven Merryday dismissed the action earlier this month, citing a lack of evidence that Brennan took away his son's medicine.

He also ruled the plaintiff failed to support the claim that Scientologists were complicit in the death.

Britton, who is not a Scientologist, had no comment Wednesday night about the dismissal.

Church spokeswoman Pat Harney said in a statement that Merryday found none of the defendants responsible.

"The unequivocal language of the summary judgment order establishes that the Brennan lawsuit never had any factual or legal basis," she said. "The church expresses its condolences to both of Kyle Brennan's parents.

http://www.tampabay.com/news/courts/civil/judge-dismisses-lawsuit-against-scientology/1207338


Title: Re: Lawsuits
Post by: Ididntcomeback on February 05, 2012, 10:53:55 PM
                              Church of Scientology usurps Florida court in refund case

By Sean Fraser
Feb 4, 2012

Read more: http://www.digitaljournal.com/article/319023#ixzz1lVHaI6P2



The Church of Scientology has declared that "only Scientology law applies" in a Pinellas County, Florida court case in which two former practitioners are suing the church for a $35,000 refund.
The Tampa Bay Times reports that Bert Schippers and Lynne Hoverson were members of the controversial religious group until 2009. Schippers had donated $35,000 to the church for future spiritual counseling, but once he left the organization, he wanted it back.
Schippers and Hoverson decided to sue the Church in order to get the money back, but a Florida law states that once a gift has been given, the donor cannot get it back. However, the Church of Scientology has a process that allows donors to regain their gifts.
F. Wallace Pope, Jr., the Church's lawyer, states that the contract Schippers signed clearly stated that in order to get his money back, Schippers would have to go through "binding religious arbitration" with three Scientologists in good standing making a decision on whether or not Schippers gets his money back. Pope declared that "only Scientology law applies" to this case.
Schipper's lawyer, Brian Leung, countered with an argument stating that since leaving the church, Schippers and Hoverson are considered heretics, and would not get a fair hearing from church members.
The Church of Scientology has stirred up Clearwater, FL in recent years. The Church's real estate purchases in downtown Clearwater in 2011 have been both a blessing and a curse, according to Clearwater's mayor, Frank Hibbard. While the city unloaded nearly $7 million in county owned real estate, the property taxes on the prime land will not be collected by the city, as property used for religious buildings is not taxed.
The Church of Scientology was founded by author L. Ron Hubbard, a sci-fi novelist, in 1953 in Camden, NJ. Scientology is a set of beliefs invented by Hubbard as a follow up to his self-help book, Dianetics. According to the Church's official website:

Scientology addresses the spirit—not the body or mind—and believes that Man is far more than a product of his environment, or his genes. Scientology comprises a body of knowledge which extends from certain fundamental truths. Prime among these are:
Man is an immortal spiritual being.
His experience extends well beyond a single lifetime.
His capabilities are unlimited, even if not presently realized.
Scientology further holds Man to be basically good, and that his spiritual salvation depends upon himself, his fellows and his attainment of brotherhood with the universe. Scientology is not a dogmatic religion in which one is asked to accept anything on faith alone. On the contrary, one discovers for oneself that the principles of Scientology are true by applying its principles and observing or experiencing the results. The ultimate goal of Scientology is true spiritual enlightenment and freedom for all.

Read more: http://www.digitaljournal.com/article/319023#ixzz1lVHMWs5W


Read more: http://www.digitaljournal.com/article/319023#ixzz1lVH2b1Oa


Title: Re: Lawsuits
Post by: Ididntcomeback on February 08, 2012, 08:10:17 AM
               Repost from "Blown for good" thread.                     


  And so it begins. Again.

Jonny Jacobsen has some news on the Headley's appeal...
Albion, posting on WWP wrote:
So far as the Headleys are concerned, the ministerial exception
issue is very much on the agenda. Who says so? The appeal
court judges hearing their cases.

Their lawyers have been told that at oral argument they should
be prepared to discuss the Hosanna-Tabor ruling and its applicability
-- or otherwise -- to these cases.

As I mentioned earlier at Infinite Complacency, the Headleys
and their lawyers have been summoned to the U.S. Court of
Appeals, Ninth Circuit, to present oral arguments on their
appeal against the dismissal of their cases. Here's their court listing
here: as you can see the hearing starts on Thursday, February 9,
at 9:00 am.

For my original write-up of Marc's case see here.
http://infinitecomplacency.blogspot.co.nz/2009/01/marc-headleys-lawsuit.html

For my write-up of Claire's case see here.
http://infinitecomplacency.blogspot.co.nz/2009/03/11-claire-headleys-lawsuit-abortion.html

For my speculation on how Hosanna Tabor might be relevant
see here (written before the Supreme Court judgment).

And for my write-up of the Supreme Court ruling see here.
http://infinitecomplacency.blogspot.co.nz/2012/01/supreme-court-confirms-ministerial.html

Best,

Jonny Jacobsen

http://www.forum.exscn.net/showthread.php?26194-Marc-amp-Claire-Headley-s-appeal-starting-Feb-9th-2012


Title: Re: Lawsuits
Post by: Ididntcomeback on February 09, 2012, 08:57:30 PM
                            Scientology's legal mess 2012 (Annus horribilis V)

                Current pending cases and calendar of legal events for 2012


It's going to be a hectic year, and the begining of this month alone sees a flurry of activity all within a week of each other.


2nd Feb - Paris, France - Criminal. Fraud appeal: Done. Guilty, with some increased sentences and fines from the original trial ruling on Oct 2009). In the media the say they are apealing to the "supreme" court but no official legal word on any filing or intention to file.
Latest here: viewtopic.php?f=11&t=52770


3rd Feb - Clearwater, Florida, USA - Civil. Refund claim. Ex-church scientologists Bert Schippers and Lynne Hoverson sued scientology back in november 2011 for refund of monies: Pending. Scientology argued on february 3rd that only scientology law should apply (their own arbitration). No idea when the next hearing is.
Latest here: viewtopic.php?f=11&t=52898


7th Feb - Sydney, Australia - Criminal. Jan Eastgate (aka Meyer) perverting the course of justice charges (originally May 2011): Pending. A second count of perverting the course of justice was added to the existing charge on 7 Feb 2012. The matter will be back up for court mentin on 24th April and then a two day Committal hearing on 15th & 16th May 2012, which is crunch time when the magistrate decides if there is enough evidence to go to trial. Jan Eastgate Meyer must attend this committal.
The latest 2nd charge shows the police mean business.
Latest here: viewtopic.php?p=432772#p432772


9th Feb - Los Angeles, California, USA - Civil. Marc and Clare Headley appeal against the dismissal of their lawsuits (Aug 2010) for labor/wage voilations, human trafficking, forced abortions etc : Pending. Hearing begins on 9th Feb 2012 (note that there is still a related appeal in a similar case from Laura DeCrecenzo but I don't know the status of that appeal)
Latest here: viewtopic.php?f=11&t=53285


9th Feb - San Antonio, Texas, USA - Civil. Scientologist Debbie Cook sued by scientology for breakigng a gag agreement after a private email criticising the current leadership was leaked to thousands of scientologists and media: Pending. Hearing on thursday 9th Feb. Presumably arguments will be heard as well as whether a temporary restaining order should be continued.
Latest here: viewtopic.php?f=11&t=52452


TBA 2012 - Clearwater, Florida, USA - Civil. Wrongful death of Kyle Brennan lawsuit: An appeal is pending. Previous media/legal up to the dismissal of the original case: viewtopic.php?f=11&t=30185 ,
Mass documents release this week: viewtopic.php?p=432461#p432461


TBA 2012 - Atlanta, Georgia, USA - Civil. Wrongful death of Patrick W. Desmond : Pending lawsuit, in progress. The Desmond Family v. Narconon of Georgia, Narconon International, et al. Last known actions: depositons of Narconon ED, Mary Reiser.
http://forum.reachingforthetippingpoint ... 408.0.html (Oct 2011)


TBA 2012 - Narconon, Quebec, Canada. Various invesigations in progress by government bodies against Narconon. Too many to mention. See David Love aka "intellgence" on OCMB and WWP.
OCMB Narconon forum: viewforum.php?f=12


TBA 2012-13? - Brussels, Belguim - Criminal. Cases against scientology invidivuals and entities, dating as far back as 1997, for fraud and being a criminal organizaition plus a 2008 case for fraud and extortion. This has been under investigation for a long time and the combining of the 2008 case seems to have slowed both even more. There has been new interest mentioned in a news article this month: viewtopic.php?f=11&t=52887 (Feb 3rd).
I believe French protesters will be joining the Belgians this month in Brussels to remind them.


TBA 2012 - Jaffa, Isreal - Civil(appeal) + Criminal. There's two related cases here. Firstly Gur Finkelstein, the man hired by scientology to do all the deals on, then sobotaging, the building the of the Jaffa Ideal Org is facing all sorts of criminal charges including arson and attempted murder. Meanwhile in a civil case the contractor, Naif Salati, was suing for foreclosure of the building to get his money back after Finklestein was arrested. However the judge reversed it an awarded it to scientology (who presumably Salati would then have to sue directly). The contractor claims the judge made mistakes and has filed an appeal (December 2011)
Latest here: viewtopic.php?p=423536#p423536 (Dec 2011). There are links in the top of that thread to earlier timeline threads on this whole Ideal Org debacle.


TBA 2012 - Atlanta, Georgia, USA - Civil. CoS Georgia and Deborah Danos(DSA) sued for breach of commercial lease (4488 North Shallowford Road GA location - Vacated). Waterford Park LLC & PS Energy Group INC Vs. Church Of Scientology. Pending. Some confusion in filings for, and responses to, motions for summary judgment. If it is going to trial then it sounds like it must be soon.
Latest info: http://forum.reachingforthetippingpoint ... 09.60.html (December 2011)

TBA 2012 - Atlandta, Georgia, USA - Civil. CoS vs city of Sandy Springs. Part one complete. Second part pending. RLUIPA (Religious Land Use & Institutionalized Persons Act, Lawsuit over zoning issue of proposed Ideal Org (the city approving use as a church but limiting the useable size of the building space citing lack of sufficnient car parking) . The cult lost the first round in october 2011 (see initial media reports: viewtopic.php?f=11&t=39454 ). There is a remaining decision on "free exercise rights" (Substantial Burden and First Amendment Claims) yet to be considered.
Complete and Latest info: http://forum.reachingforthetippingpoint ... 7.160.html (January 2012)


TBA 2012 - Things that OSA couldn't even dream of in their worst nightmares.



More to come (as I remember the ones I'd previously forgotten).

http://ocmb.xenu.net/ocmb/viewtopic.php?f=9&t=53438


Title: Re: Lawsuits
Post by: Ididntcomeback on March 01, 2012, 06:54:38 AM
  Read more on "Debbie Cook" or "Village voice" thread

Miscavige is chairman of the board of the Religious Technology Center, one of the many entities that were created during a 1980s reorganization of Scientology. Ex-Scientologists say that from his position at RTC, Miscavige actually wields ultimate power over all of the many individual organizations under the church's umbrella, including the Church of Scientology International (CSI) and the Flag Service Organization.

As you'll see in this counterclaim, Cook asks for unspecified damages. But the real importance of her filing is to have CSI and RTC added to the case, so that there will be no question that David Miscavige is relevant to the lawsuit....

http://blogs.villagevoice.com/runninscared/Counterclaim1.png


Title: Re: Lawsuits
Post by: Ididntcomeback on March 09, 2012, 09:38:55 PM
             Judge rules court can't take on couple's dispute over Scientology debt

By Joe Childs and Thomas C. Tobin, Times Staff Writers
In Print: Friday, March 9, 2012

CLEARWATER — Former Scientologists Lynne Hoverson and Bert Schippers of Seattle are Scientology outcasts. The church declared them "suppressive'' last year for publicly criticizing church operations.

But Pinellas Circuit Judge John A. Schaefer ruled this week that if the couple wants to try to get back the $27,583 they left on account at Scientology's church in Clearwater, courts can't intervene, as they had hoped.

Instead, the couple must abide by church agreements they signed and submit to internal arbitration.

That means taking their dispute to a panel of three Scientologists in good standing.

"It would be like going in front of the hanging judge," Hoverson said.

The couple sued the church in November, seeking refunds on advance payments they made for services they never received at Scientology's spiritual headquarters in Clearwater, known as Flag, and at the church's Caribbean-based cruise ship, the Freewinds.

Scientology countered, arguing that "enrollment agreements'' the couple signed at Flag, which are standard for all church members, are enforceable contracts.

The agreements state that prepayments for services are donations. And while the church has a refund process, the agreements say the church has no obligation to return the money. If a dispute arises, the church's "binding religious arbitration'' — three active church members — determines what is fair.

Schippers' attorney Brian Leung of Tampa and church lawyer F. Wallace Pope Jr. of Clearwater squared off in a hearing before Schaefer in February, arguing the validity of the agreements and First Amendment protections that prevent courts from examining religious practices.

Leung contended the agreements are unenforceable because of procedural problems. The arbitration clauses are buried in fine print, he said. And the church doesn't allow its parishioners to consult attorneys or negotiate. Schaefer disagreed this week.

He also ruled that he was not convinced the church's arbitration methods conflict with the public's interest in fair results, as Leung had argued.

Church spokeswoman Pat Harney said in a brief statement the church was pleased and Schaefer's ruling speaks for itself.

Hoverson said she and Schippers, who left the church in 2009, were weighing their options after Schaefer's ruling.

The church's arbitrators "would not be permitted to rule in our favor — period," Schippers said. "If they would, they would be declared suppressive by the church."

Leung equated it to a disgruntled car buyer having to take a complaint back to the dealership and asking for relief from three dealership employees.

Schaefer did allow other parts of the couple's lawsuit to go forward.

He did not direct the couple to church arbitration for the $7,500 they placed on account at the church's cruise ship because no agreements were signed specifically for services on ship.

He also let stand another count he termed "a curious cause of action.''

Hoverson and Schippers asked the court to force the church to return $147,183 in "freeloader debt'' they paid in 2008, reimbursing the church for free training and services received by Hoverson's two children while serving as members of Scientology's religious order, the Sea Organization.

Danar Hoverson was a Sea Org member 15 years. Ximena Hoverson served nine years. When they left the order, the church billed them, as is customary for departing Sea Org members. The two remained Scientologists but could not take services until the bill was paid.

Calling it a "false debt,'' Hoverson and Schippers state in their suit that after paying the bill, the church directed the children not to communicate with them because the couple caused a stir after leaving the church.

If their suit goes forward, it could be the first time Scientology's commonly imposed "freeloader debt'' is contested in court.

Joe Childs can be reached at childs@tampabay.com. Thomas C. Tobin can be reached at tobin@tampabay.com.

http://www.tampabay.com/news/courts/judge-rules-court-cant-take-on-couples-dispute-over-scientology-debt/1219054


Title: Re: Lawsuits
Post by: Ididntcomeback on March 21, 2012, 09:00:01 AM
                              IAS and Super Power claims have started                21 March 2012

    We have begun our claim against these two front groups and have agreed on payment arrangements with our attorneys. They are charging me a basic small fee to start as a % of the claim plus an ongoing minimum hourly rate and filing fees.

    Should we win funds paid will be deductible from the very reasonable contingency fee.

    There are already more than 20 of us going for this (if you are in that group please PM me to get confirmed that you are on board)

    Ex Scientologists who want to claim their IAS and Super Power contributions back after learning the true nature of the modus operandi and use of 'fund raising' by the Cof$ are free to PM me to get their details lodged with our team of attorneys too.

    If you know others who want to join in on this action but are not regulars at ESM please pass on the message, also feel free to cross post at Scio kids and WWP.

    I will PM all those I know the actual details which I can't post here.

    We have a very sound legal strategy that binds such fund raising and the fund raisers obligations to their public, which we contest the CofS is at odds with.

    Kevin Bloody Mackey

http://www.forum.exscn.net/showthread.php?14714-IAS-and-Super-Power-claims-have-started


Title: Re: Lawsuits
Post by: Ididntcomeback on April 01, 2012, 08:58:14 PM
                       RICO Claims Filed against Narconon GA Narconon INT, et al

    Just want to share with you information about the recent amended complaint filed in the ongoing Patrick Desmond case against Narconon GA, Narconon Int, et al.,. which has been discussed on ESMB in the past.

    This most important document was released today over at reachingforthetippingpoint.net
    forum. We have been following this case over at tippingpoint forum since it's inception. What is new here is that the plaintiffs have added Civil RICO charges, which the judge can refer to the authorities.

    For those who do not know, RICO stands for Racketeer Influenced and Corrupt Organizations. The Plaintiffs added counts of Civil RICO by Fraudulent Statements to a Government Agency, Mail Fraud, and Theft by Deception. This was done after finding documented fraud which was condoned or aided by Narconon International and it's medical director, and others in an organized fashion.

    To gain an understanding of the basics of Georgia Law on RICO, there is a good short explanation written here http://jhwatsonlaw.com/Civil%20RICO.htm

    The complaint goes into details about how Mary Rieser, Executive Dirctor of Narconon GA routinely committed fraud in order to maintain a scam and how Narconon International condoned this, how they manage the lower Narconons to use Scientology scripture in Narconon and how they punish offenses of misuse; How both Narconon's lied and committed fraud to courts and licensing agencies about it's program and licensing, and how the negligent 'medical director' was part of the scam, and how their program is based upon scientology programs that are not deemed for helping addicts and alcoholics among other claims.

    [..] The Plaintiffs add counts of Civil RICO by Fraudulent Statements to a Government Agency, Mail Fraud, and Theft by Deception.

    Plaintiffs hereby incorporate by reference each allegation, count, claim, request for damages, and all supporting evidence set out in their Original Complaint.' [..]

    You can read the document here
    http://forum.reachingforthetippingpoint.net/index.php/topic,8408.msg22050.html#new

    I am posting this on behalf of ethercat, so that the news can get out as soon as possible.

    Mary

http://www.forum.exscn.net/showthread.php?26789-RICO-Claims-Filed-against-Narconon-GA-Narconon-INT-et-al


Title: Re: Lawsuits
Post by: Ididntcomeback on April 03, 2012, 07:43:30 AM
             Re: RICO Claims Filed against Narconon GA Narconon INT, et al

    Hi all, just to give you a sense of how serious this is, here are some of the main and RICO claims in the complaint . Keep in mnd that one of the plaintiff's attorney's ( J Antonio DelCampo, was originally a judge overseeing the case when it first began. He retired and then joined the plaintiff team Harris Penn Lowry DelCampo, LLP. and started helping the lead attorney on it. That says much about the strength of the case.

    ( NNG=Narconon of Georgia; NNI = Narconon International; Delgado Development - Don and Maria Delgado, CoS Georgia

    ACTS OF FALSE STATEMENTS TO A GOVERNMENT AGENCY[..]
    At all relevant times, NNI heavily regulated the Narconon Life Skills Program
    and performed routine audits to ensure compliance with NNG's license to implement L.
    Ron Hubbard's "technology." NNI was routinely copied on NNG's internal memoranda
    concerning the operations of NNG, including NNG's emergency Urgent Directives
    concerning the conditions of housing at Delgado. As a result, NNI either knew or should have known that NNG was operating in violation of State regulations and had illegally incorporated a surrogate residential facility. NNI, by and through its licensing fee agreement, also profited from NNG's fraudulent scheme and is therefore associated in fact with NNG, Mary Rieser, Delgado, Maria and Don Delgado, and Dr. Robbins. [..]


    THEFT BY DECEPTION AND MAIL FRAUD
    117.
    At all relevant times, NNG, by and through its agents, employed a scheme or
    artifice to defraud by representing the Narconon program as a facility that could and
    would provide any service, regardless of truth or accuracy, if doing so would secure the students enrollment and payment for the program.

    Particularly, NNG, by and through its agents, fraudulently represented to the
    Desmonds and the Brevard County Drug Court that NNG was a residential treatment
    program and would provide treatment to Patrick for a period of six months.
    119.
    At all times relevant hereto, NNG's letterhead always included an "outpatient"
    designation when correspondence between NNG and DHR took place. However, Mary
    Rieser and employees acting at her direction intentionally removed the word "outpatient"
    from NNG's letterhead when written communication between NNG and a court agency
    occurred.
    120.
    On September 10, 2007, NNG, by and through its agent Mary Rieser, personally
    represented that NNG was a residential program, lasting for at least for six months.
    Rieser faxed the Drug Court director information providing further assurances that
    Patrick would be treated in a residential facility. Rieser intentionally removed the
    "outpatient" designation from the letterhead.
    121.
    NNG, in furtherance of its scheme to defraud and secure Patrick's enrollment,
    intentionally removed the "outpatient" designation from letterhead on correspondence directed to Patrick's criminal defense attorney, soliciting support for Patrick's enrollment in NNG.
    122.
    In reliance on the false and material representations of NNG, Patrick arrived at
    NNG on September 24, 2007. Upon his arrival, NNG, by and through its agent Rieser,
    accepted payment in the amount of $13,000.00 (thirteen thousand dollars) from the
    Desmonds for six months of residential alcohol treatment and rehabilitation.

    COUNT V:
    CIVIL CONSPIRACY BY NNG, NNI AND DELGADO
    161.
    NNG, NNI and Delgado acted together and in concert to facilitate the unlicensed
    and illegal operation of a drug and alcohol rehabilitation housing program at the One
    Sovereign Place apartment complex.
    162.
    The actions of NNG, NNI, and Delgado to facilitate the illegal and unlicensed
    operation of a drug and alcohol rehabilitation program at One Sovereign Place
    proximately caused Patrick Desmond's death, pain and suffering, and other damages.

    COUNT VII:
    FRAUD OF NNI
    166.
    In the immediate aftermath of the death of Patrick W. Desmond, NNI, by its
    agents, employees or representatives, coordinated efforts to perpetrate a fraudulent coverup of the circumstances and events leading up and resulting in his death. Such efforts included, but were not limited to the following:
    a. providing intentionally false and misleading information or causing intentionally false and misleading information to be provided to law enforcement entities, to include but not be limited to the DeKalb County Medical Examiner's Office; and
    b. drafting and submitting an intentionally false and misleading report dated June 19, 2008 or causing an intentionally false and misleading report dated June 19, 2008 to be drafted and submitted to the Brevard County Drug Court, supposedly pursuant to O.C.R R.G. §290-4-2.09 (13).

    COUNT VIII:
    CIVIL RICO FOR FALSE STATEMENTS TO A GOVERNMENT AGENCY
    167.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully
    acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.

    168.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully
    sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
    169.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated
    in fact and therefore engaged in at least two acts of racketeering activity by committing numerous counts of False Statements and Writings to a Government Agency, as defined by O.C.G.A § 16-10-20, by knowingly and willfully falsifying, concealing or covering up by trick, scheme, or other device the following material facts:
    a. Knowingly and willfully falsifying and/or concealing from DHR the true nature
    and scope of Dr. Robbins' duties as a medical director as contemplated and
    required by DHR in order for NNG to obtain its 2007 ambulatory detoxification
    license.
    b. Knowingly and willfully falsifying Joan Daniels as a clinical director on all
    license applications between 2004 and 2007, who is responsible for all
    treatment services, and/or concealing from DHR the true nature and scope of
    Joan Daniels' employment, which was contrary to that required by DHR for
    clinical directors.
    c. Knowingly and willfully falsifying Robin Muse as a clinical director on NNG
    2007 license application, who is responsible for all treatment services, and/or
    concealing from DHR the true nature and scope of Robin Muse's employment,
    which was contrary to that required by DHR for clinical directors.
    d. Knowingly and willfully concealing from DHR that NNG was illegally
    operating a residential drug and rehabilitation facility without the proper
    licensing from the State on all license applications between 2003 and 2007.
    e. Knowingly and willfully falsifying and/or concealing from DHR the
    detoxification component of NNG treatment regimen in its 2003 license
    application solely for an outpatient facility.
    f. Knowingly and willfully falsifying and/or concealing from DHR NNG's
    compliance with creating adequate individualized treatment plans, routinely
    updating patient files, and creating discharge and aftercare plans on all license
    applications between 2003 and 2007.
    g. Knowingly and willfully falsifying and/or concealing from DHR NNG
    compliance with ensuring a drug-free workplace on all license applications
    h. Knowingly and willfully concealing from DHR NNG's compliance with the
    DHR Rules prohibiting behavioral management techniques denying students of
    essential program services on all license applications between 2003 and 2007
    COUNT IX
    CIVIL RICO BY MAIL FRAUD
    170.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully
    sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
    171.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully
    acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
    172.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated
    in fact, and therefore engaged in at least two acts of racketeering activity by committing numerous counts of mail fraud in violation of 18 U.S.C.A. § 1343, by having transmitted written communication by wire or mail that was devised in scheme to defraud and/or constituted an attempt to obtain money or property by a means of false or fraudulent pretenses, representations, or promises.
    173.
    Specifically, NNG enrolled patients sentenced to residential rehabilitation in lieu of
    incarceration by intentionally removing or omitting the word "outpatient" in NNG's
    letterhead transmitted by facsimile and/or email to the following:
    a. Officers of Florida Drug Court on September 10, 2007, January 4, 2008, and June
    4, 2008, as well as Patrick Desmond's criminal defense attorney on September 10,
    2007.
    b. Officers of the Tennessee criminal court pertaining to Bradley Taylor on January 7,
    2008.

    COUNT X
    CIVIL RICO BY THEFT BY DECEPTIONS
    174.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in,
    either directly or indirectly, the enterprise through a pattern of racketeering activity.
    175.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
    176.
    NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated
    in fact, and therefore engaged in at least two acts of racketeering activity by committing theft by deception, in violation of O.C.G.A. § 16-8-3, by obtaining money by deceitful means or artful practice with the intention of depriving the owner of the property, specifically by creating or confirming an impression and/or failing to correct the false impression and/or promising to perform services in which NNG did not provide to the Florida Drug Court, Plaintiffs Patrick and Mary Desmond, the Tennessee Court, and Bradley Taylor's father in the following particulars:
    a. That NNG was licensed to provide residential rehabilitation treatment.
    b. That NNG would provide adequate supervision of its patients twenty four hours a
    day.
    c. That NNG would provide substantive education as the physiological component of
    alcohol and substance abuse on the body.
    d. That NNG was otherwise in compliance with applicable DHR Rules governing
    drug and rehabilitation treatment facilities.

    PUNITIVE DAMAGES AGAINST NARCONON AND NNI
    177.
    NNG and NNI acted intentionally and in concert in illegally operating an
    unlicensed housing program for its drug and alcohol rehabilitation patients, making
    intentionally false and fraudulent representations to Patrick C. Desmond, Mary C.
    Desmond, and the Brevard County Drug Court, and perpetrating a fraudulent cover-up of the circumstances and events leading up and resulting in the death of Patrick W. Desmond. Additionally, NNG's operation of, and NNI's knowledge of, its drug and alcohol rehabilitation program showed willful misconduct, wantonness, oppression, or that entire want of care which raises the presumption of conscious indifference to consequences.

    Accordingly, Plaintiffs are entitled to an award of punitive damages pursuant to O.C.G. A. §
    51-12-5.1.
    WHEREFORE, Plaintiffs pray for the following relief:
    1. That summons and process be issued requiring these Defendants to appear
    as provided by law to answer the allegations of this Complaint;
    2. That Plaintiffs have a TRIAL BY JURY of all issues so triable;
    3. That Plaintiffs recover from Defendants the following: special damages such as: medical and hospital expenses, funeral expenses, past and future lost earnings, general damages for Patrick W. Desmond's bodily injury, fright, terror, pain and suffering and other necessary expenses incurred as a result of the incident at issue; and additional damages constituting the full value of the life of Patrick W. Desmond. The amount of all such compensatory damages shall be proven at trial and determined by the enlightened conscience of a jury;
    4. That Plaintiffs recover punitive damages against the Defendants in amounts to be determined by the enlightened conscience of a jury;
    5. That Plaintiffs have and recover all damages to which they are entitled
    under Georgia law; and
    6. That Plaintiffs have all such other and further relief as this Court deems
    just and appropriate.

    Respectfully submitted on this 21st Day of March 2012

    Jeffrey R Harris
    ....
    Harris Penn Lowry DelCampo, LLP
http://www.hpllegal.com/overview/about-us


   Mary.


Title: Re: Lawsuits
Post by: Ididntcomeback on April 03, 2012, 07:44:27 AM
                  from Mary's link: http://jhwatsonlaw.com/Civil%20RICO.htm
emphasis mine  (Arnie Lerma)

"Civil RICO is the Special Forces of litigation: it is a Force Multiplier. If RICO activity is found and proven, the court may award not only actual damages but also interest and punitive damages. The real power of civil RICO is a provision allowing treble damages. In other words, the actual damages, interest and punitive damages are totaled and then multiplied by three. This office once sued a RICO case involving a $1,000,000 investment, and, after trial, a verdict was rendered exceeding $30,000,000. There were multiple counts in the complaint.

Moreover, there are further provisions whereby the court has the authority to enjoin the defendant from further similar activity and to even order that an enterprise be dismantled and assets forfeited. "

Lawrence Wollersheim, back in 95,when he had only 17 years of continuous litigation with scientology under his belt, said that the only way to 'get' scientology would be with civil RICO, because RICO pierces attorney-client privlege.. and scientology attornys tend to be active co-conspirators.

RICO was enacted as a federal law to combat organized crime, and many states adopted similar laws...

arnie lerma


Title: Re: Lawsuits
Post by: Ididntcomeback on April 04, 2012, 08:19:20 PM
   Don`t know where this one is at. But it is a lawsuit and does involve a Scientologist.

Origins are about three years old.

Still in progress...

Matthew C. Hines, attorney and registered agent for Narconon of Georgia

http://forum.reachingforthetippingpoint.net/index.php/topic,8424.msg19411.html#msg19411


And this one...

The Desmond Family v. Narconon of Georgia, Narconon International, et al

http://forum.reachingforthetippingpoint.net/index.php/topic,8408.0.html


Title: Re: Lawsuits
Post by: Ididntcomeback on May 18, 2012, 08:39:03 AM
Re: New Haven Foreclosure

    It appears that June 8, 2012 will be the trial date. The continuance request filed by the church was granted, but it was a final continuance. Although the word "final" doesn't always mean "final" when lawyers are talking, it appears that the matter will go forward that day. http://civilinquiry.jud.ct.gov/Docum...mentNo=4648979

    If anyone will be in New Haven that day, and can attend please send me a PM. I am trying to arrange my schedule to be there but it doesn't look good.

Some background...

It's on-they litigate

    Well apparently the judicial pre-trial was not fruitful and the church has claimed the matter for the trial list. I am guessing that those involved are not impressed or amused by the church's antics.

    In answer to a few of the questions:

    I checked the court files today and there are some corrections to my earlier posts. The church was not defaulted; it was Webster Bank that was defaulted. The other lien holders, Greater New Haven Water Pollution Control Authority and South Central CT Regional Water Authority, were defaulted earlier this year. Webster Bank was defaulted in August for failing to file an answer the the complaint.

    The entry of a default is not a judgment. It just moves the case to the next phase of the proceeding. In this case, the defaulted parties are precluded from offering any defense to the city's foreclosure. As a practical matter, it is of no import. The only issue before the court is whether the tax liens are senior to the other liens (which they are), the amount owed, if any (this is where the church's special defense and counter-claim come in), and whether the debt has been paid. The junior lien holders (Bank, water and pollution authorities) have no defense and would have been defaulted on that ground (Failure to Disclose a Defense) if they had not already been defaulted. The junior lien holders have been made defendants because the statues require they be cited in.

    At the trial, the court will the city's evidence pertaining to the assessment of tax along with the city's failure to renew the tax exemption. The city will claim that notice of this was sent in January, 2009; the church will say they were not notified until January, 2010 (they are religious people, so we know they don't lie). The court, after hearing the evidence, will make a decision. The decision will enter judgment on for the city and church on the city's complaint and the church's counter-claim. If the city wins both (likely result) the property will be appraised to determine the amount of all debt that is secured by the property.

    If the value of the property is not sufficient to satisfy all the debts, it will order a strict foreclosure. In that case, the court will assign law days to the church and junior lien holders. These parties have what is known as an "equity of redemption". If the church pays the taxes, plus attorney fees and court costs, they will have redeemed the property. The interest of the junior lien holders will remain on the property. If the church fails to redeem, their interest is foreclosed and the next senior lien holder, on its law day, may redeem the property by paying the tax due. If they fail to do so, their interest in the property will be foreclosed and so on until the final law day when the last lien holder's equity of redemption has been foreclosed. If no party redeems, the city will take title to the property free free of any of the foreclosed encumbrances.

    If the appraisal of the property shows that there is sufficient equity to pay all the encumbrances, the court will order a foreclosure by sale. It will appoint a committee of sale to auction the property. At the auction, any of the junior lien holders may bid. The successful bidder, will generally have to bid more than the total debt securing the property as the junior lien holders usually enter a bids equalling the amount of the prior encumbrances, plus the amount of their debt. If the purchase price exceeds all the debt, the court will usually approve the sale. Any funds over those needed to pay the lien holders will be returned to the church. If the purchase price will not cover these obligations, the judgment may be converted to a strict foreclosure.

http://www.forum.exscn.net/showthread.php?24278-New-Haven-Foreclosure/page4


Title: Re: Lawsuits
Post by: Ididntcomeback on July 25, 2012, 08:23:26 AM
                 Scientology did not violate forced labor law, appeals court rules

                                LA TIMES


Scientology did not violate a labor law by failing to pay for the work of two former members of the church’s Sea Organization -- a wing that restricts participants’ outside communications, marriage and children, censors mail and monitors phone calls -- a federal appeals court said Tuesday.

A three-judge panel of the U.S. 9th Circuit Court of Appeals decided that Marc and Claire Headley, who sued the church, knew that joining the group, known as Sea Org, required largely unpaid labor and failed to take many opportunities to leave.

The Headleys sued the church under the Trafficking Victims Protection Act, a federal law primarily intended to prohibit the forced labor of immigrants. A district court ruled for Scientology, and the Headleys appealed.

The former Sea Org members grew up in Scientology and joined the elite religious order while in their teens, Marc in 1989 and Claire in 1991. They married in 1992 and remained with the group until 2005.
“In keeping with church disciplinary policy, the church censored the Headleys’ mail, monitored their phone calls, and required them to obtain permission to access the Internet,” Judge Diarmuid F. O’Scannlain, an appointee of former President Reagan, wrote for the court.

Marc and hundreds of others had to hand clean human excrement from an aeration pond in 2004, and Claire had to subsist on protein bars and water for six to eight months in 2002, O’Scannlain wrote. But the court said the evidence overwhelmingly showed that the Headleys voluntarily worked for the Sea Org “because they believed that it was the right thing to do” and “enjoyed it.”

Although the couple faced the risk of being declared “suppressive persons” and possibly losing contact with family and friends if they left, that potential did not qualify as “serious harm” under the human trafficking law, the court concluded.

The panel suggested that the Headleys might have fared better had they sued on different grounds.

“They did not bring claims for assault, battery, false imprisonment, intentional infliction of emotional distress, or any of a number of other theories that might have better fit the evidence,” O’Scannlain wrote.

http://latimesblogs.latimes.com/lanow/2012/07/scientology-federal-appeals-court.html


Title: Re: Lawsuits
Post by: Ididntcomeback on July 27, 2012, 07:38:10 AM
Ninth Circuit clears Church of Scientology of human trafficking

By Amanda BronstadContactAll Articles

The National Law Journal

July 25, 2012


The Church of Scientology did not violate the U.S. Trafficking Victims Protection Act despite a couple's claims that it required them to work 100 hours a week for $50 each; forced them to perform manual labor including cleaning up dried human excrement; and forced the wife to undergo two abortions, a federal appeals court has ruled.

The U.S. Court of Appeals for the Ninth Circuit concluded on July 24 that Marc and Claire Headley, both former ministers at the church's 500-acre headquarters in Gilman Hot Springs, Calif., could have left at any time and, in fact, traveled throughout the United States and Europe on a regular basis. The panel noted that both left the church in 2005 without incident.

"In our view, the text of the Trafficking Victims Protection Act resolves this case," Judge Diarmuid O'Scannlain wrote. "The Act bars an employer from obtaining another's labor 'by means of' force, physical restraint, serious harm, threats, or an improper scheme. That text is a problem for the Headleys because the record contains little evidence that the defendants obtained the Headleys' labor ‘by means of' serious harm, threats, or other improper methods."

The panel acknowledged that the couple faced the prospect of being cut off from family and friends if they left, but continued: "A church is entitled to stop associating with someone who abandons it. A church may also warn that it will stop associating with members who do not act in accordance with church doctrine. The former is a legitimate consequence, the latter a legitimate warning. Neither supports a forced-labor claim."

An attorney for the Church of Scientology, Eric Lieberman, a partner at New York's Rabinowitz, Boudin, Standard, Krinsky & Lieberman, praised the unanimous ruling.

"It recognizes that the plaintiffs chose to join and remain Scientology ministers, that they lived in private houses and apartments and chose each day to return to the church facilities, and that the church doctrine is constitutionally protected," he said. "It's an important decision, and we're very happy about it."

An attorney for the Headleys — Kathryn Saldana of the Metzger Law Group, a toxic tort boutique in Long Beach, Calif. — did not return a call for comment.

According to the opinion, Marc Headley, who grew up in the Church of Scientology, joined its evangelical wing, called the Sea Organization, as a teenager in 1989; Claire, another lifetime church member, joined two years later. They married in 1992.

The opinion describes "Sea Org" as "an elite religious order of the Church" that "renders strict discipline, imposes stringent ethical and lifestyle constraints, and goes to great efforts to retain clergy and to preserve the integrity of the ministry."

The Church of Scientology teaches that methods developed by its late founder, science fiction writer L. Ron Hubbard, can help adherents overcome "moments of pain or lowered consciousness," according to the opinion. Scientology's goal, entrusted to members of Sea Org, is to use those teachings to "clear the planet" from "spiritual distress."

"During their training, Sea Org members learn that the ministry will require them to work long hours without material compensation, to live communally, to adhere to strict ethical standards, and to be subject to firm discipline for ethical transgressions," O'Scannlain wrote. Some of those standards include a prohibition against having children, and manual labor is frequently used as a means of discipline, he said.

At Sea Org, Marc Headley created and produced training films explaining Scientology, and Claire Headley oversaw internal operations at the church's Religious Technology Center, which promotes its teachings.

According to the opinion, both worked more than 100 hours a week at the headquarters, referred to as Gold Base. The church paid their living expenses and $50 each in a weekly stipend.

As a policy, the church censored their mail, monitored their phone calls and made them get permission to access the Internet, O'Scannlain wrote. Discipline sometimes included manual labor, such as yard or kitchen work. Marc Headley claimed that in 2004 church leaders forced him to clean "dried human excrement" from an aeration pond by hand. Claire Headley claimed that in 2002 she lost 30 pounds after they forced her to live on protein bars and water. She also claimed that twice during the 1990s, after she discovered she was pregnant, they forced her to perform manual labor until she agreed to have abortions.

"Marc and Claire contend that they did not leave the Sea Org because they believed that doing so would have been difficult or even risky due to the Base's extensive security, the Sea Org's blow drills, and its approach to members who leave or wish to leave," O'Scannlain wrote. By "blow drills," he referred to a practice by which church officials attempt to persuade former members to return. The base was secured with a perimeter fence, cameras, motion detectors, alarms, observation posts and guards, he wrote. Security cameras covered their house, and both testified that they had been assigned escorts at times when traveling off the base.

Both alleged they were subjected to physical abuse, with Marc claiming that a senior executive struck him twice and that another punched him. In 2004, they alleged, church officials told Claire Headley that she would have to divorce her husband or leave her position at the center, which prohibits its staff members from marrying outsiders.

The couple filed separate lawsuits in 2009, the same year that Marc Headley released a book called Blown for Good, Behind the Iron Curtain of Scientology. They argued that, as defined by the Trafficking Victims Protection Act, the "serious harm" threatened to prevent someone from fleeing can include "psychological, financial, or reputational harm."

"Specifically, they contended that the Church and Center violated the Act by causing them to believe that they could not leave the ministry or that they would face serious harm in doing so," O'Scannlain wrote.

The church argued the Headleys lacked sufficient evidence and, in any event, that the claims were barred by the ministerial exemption under the First Amendment.

On 2010, U.S. District Judge Dale Fischer in Los Angeles granted summary judgment in both cases to the church, agreeing that the ministerial exception barred the couple's claims.

The Ninth Circuit agreed with Fischer's analysis of the ministerial exception but said that point was unnecessary because, under the terms of the anti-trafficking law, both plaintiffs in fact were free to leave. "Throughout this period, Marc and Claire had innumerable opportunities to leave the Church," O'Scannlain wrote. "They lived outside of the Base and traveled freely to and from the Base almost daily."

Marc Headley acknowledged that hundreds of church members had left the Sea Org without "routing out" — the official procedure that allows members to leave the church and remain in good standing — and that, in 1990, when given the chance to leave under that method, he remained because he had "made a few friends in high places," the panel said.

In most cases, members of Sea Org who returned did so because of persuasion and not physical force, the panel found. Marc Headley acknowledged that he wasn't held against his will, O'Scannlain wrote, when he testified: "I think subliminally, I think that I wanted to leave but whether or not I was being held against my will, I don't think I had those thoughts."

Both plaintiffs enjoyed their jobs, the panel added, and in the end left the church without incident.

"Marc left in January 2005 after being told that he was under investigation for embezzlement and that he could be assigned to manual labor," O'Scannlain wrote. "Claire left soon after that. Though both were followed and approached by co-religionists, neither was harmed, both continued on, and neither returned to the Church."

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202564453193&Ninth_Circuit_clears_Church_of_Scientology_of_human_trafficking&slreturn=20120626153441


Title: Re: Lawsuits
Post by: Ididntcomeback on September 21, 2012, 02:01:22 PM
          Appeals court upholds dismissal of wrongful death suit against Church of Scientology

By JOE CHILDS and THOMAS C. TOBIN, Times Staff Writers
In Print: Friday, September 21, 2012

http://www.tampabay.com/news/scientology/appeals-court-upholds-dismissal-of-wrongful-death-suit-against-church-of/1252563


Title: Re: Lawsuits
Post by: Ididntcomeback on September 22, 2012, 05:24:09 PM
   Here is the Lawsuit mentioned in The "new St Petersburg Times expose " and
"Marty Rathbun speaks " threads.

Have fun...  Oh and Miscavige.....  "Time to use your OT abilities..."

http://kraftmstr.com/lawsuit/1stAmendedPetitionfiled9-20-2012.pdf


Title: Re: Lawsuits
Post by: Ididntcomeback on September 24, 2012, 07:27:32 PM
                   Peter Gilliham sues fellow OT-8's for legal malpractice, fraud, and elder abuse..

    OMG. I was doing research in county court records & this recently filed lawsuit caught my eye. Scientology's vitamin king, himself, is suing fellow Scilons, claiming they caused him to lose over $8 million in income.

    THIS IS HUGE!!!!

    Case Number: BC492003
    CONQUEST INTERNATIONAL ET AL VS R ROSSER COLE ET AL

    Filing Date: 09/12/2012
    Case Type: Legal Malpractice (General Jurisdiction)
    Status: Pending

    Parties:

    COLE R. ROSSER - Defendant/Respondent
    CONQUEST INTERNATIONAL - Plaintiff/Petitioner
    DOES 1-50 - Defendant/Respondent

    PETER GILLHAM - Plaintiff/Petitioner

    LAW OFFICES OF LLOYD S. PANTELL - Attorney for Plaintiff/Petitioner

    HINTON KREDITOR & GRONROOS LLP - Defendant/Respondent

    R. ROSSER COLE A LAW CORPORATION - Defendant/Respondent

    SOBEL LESLIE - Defendant/Respondent

    Documents Filed:

    09/12/2012 Complaint (40 pages long..

http://www.scribd.com/doc/106774212/Gillham-Complaint#fullscreen


I read the complaint. It looks like Rosser has got a mess on his hands. He did get a Waiver of Conflict of Interest form executed, but it appears that he seriously breached his ongoing fiduciary duties AFTER that, during the lengthy period it took to actually get the deal fully closed and perfected (there were key elements of the sale like the actual finalized numbers) that took years to deliver to Gillham.

Throwing in that elderly abuse claim (he was 81) has got to be a scary touch for the defendants too.

Rosser went thru total hell with losing his family's dough in the Reid Slatkin meltdown and had to, essentially, start over again.

Now he has a world of trouble and hurt here again.

If Gillham was on COS lines they would have thrown it over into WISE mediation/arbitration or handled it internally at WISE INT to not let the public hear about this huge flap of well-known OTs litigating each other to death. I doubt Gillham would have gotten "permission" (per policy) to sue. He probably just said "Fuck It!" and sued anyways.

One interesting term of the sale is that the purchasing company was bound to confidentiality about Gillham having sold the company--except to banks, landlords and other legal transactions. BUT........to the employees and staff of the company, the purchaser was required to say that Gillham was still the owner of the corporation! Jesus, that is real Scientology stuff where the parishioners are the only ones who are not allowed to know what is going on in the organization they work for!

Hellofahoax.

http://www.forum.exscn.net/showthread.php?28694-Peter-Gilliham-sues-fellow-OT-8-s-for-legal-malpractice-fraud-and-elder-abuse..



Title: Re: Lawsuits
Post by: Ididntcomeback on October 05, 2012, 06:52:35 PM
Bend dentist fined nearly $348,000 for required Scientology-based training, BOLI announces

Published: Thursday, October 04, 2012

 Oregon labor officials today ordered a Bend dentist to pay nearly $348,000 to settle allegations that he threatened to fire a dental assistant unless she attended a Scientology-related training session.

It's the largest penalty imposed by final order in the Bureau of Labor and Industries' recent history, an agency spokesman said.

The agency contends Andrew W. Engel repeatedly "badgered" Susan Muhleman about the three-day conference despite her concerns that it would conflict with her Christian beliefs. He also turned down her request to attend secular training instead, investigators said.

As a result, Muhleman quit AWE Dental Spa in August 2009 -- weeks before the conference -- and moved out of state to find a job, the agency said.

Muhleman said today that she was opposed to going to the Scientology conference but worried about losing her job at the height of the recession. Bend's jobless rate at the time was 15.2 percent, adjusted for seasonal factors.

She was the only person in her family employed full time, she said. "It weighed very heavy on me to have to make a decision like that for the future of my family," she said.

Muhleman filed a complaint with BOLI's civil rights division in November 2009, launching the investigation. Religious discrimination cases are relatively rare, comprising 3 percent of the agency's annual workload.

A phone message at Engel's practice said he was out until Monday. He gained his dental license in Oregon in 1998. State Board of Dentistry records show the body has never taken disciplinary action against Engel.

Labor Commissioner Brad Avakian said the penalty will cover the woman's lost wages and damages as well as moving expenses and emotional distress.

Employees should feel "secure from an employer's pressure to do something that conflicts with their religious beliefs," he said in a written statement.

Molly Young; @mollykyoung

http://www.oregonlive.com/money/index.ssf/2012/10/bend_dentist_fined_nearly_3480.html


Title: Re: Lawsuits
Post by: Ididntcomeback on October 06, 2012, 01:12:10 PM
 Friday, Oct. 5, 2012

                    Tulsa law firm files lawsuit against Narconon in woman's death

 By Russell Mills

TULSA, Okla. —

UPDATE: The same lawfirm plans to file a second wrongful death lawsuit in the next few days.

A Tulsa lawfirm has filed a lawsuit alleging wrongful death, negligence, and violation of the Oklahoma Consumer Protection Act in the death of an Owasso woman who died at the Narconon Arrowhead facility in July.

Stacy Dawn Murphy, 20, had just returned to the facility in Pittsburg County from a visit with her family when she died July 19, records indicate.

In a statement obtained by KRMG, the lawfirm of Richardson, Richardson, Boudreaux Keesling names the plaintiffs as Robert Murphy and Tonya White, Stacy Murphy's parents.

"Defendants are Narconon of Oklahoma (NO), d/b/a Narconon Arrowhead, an Oklahoma corporation; Narconon International (NI), a foreign corporation based in California; Association for Better Living and Education International (ABLE), a foreign corporation based in California; and Gerald D. Wootan, DO, M.Ed, medical director of Narconon of Oklahoma," the statement reads in part.

It goes on to say  “NO, NI, and ABLE all rely exclusively on the written 'technology' of L. Ron Hubbard, founder of the Church of Scientology, to address the drug and alcohol rehabilitation needs of students enrolled in Narconon programs. This misplaced reliance is despite the fact that Hubbard had no known training or education in the field of drug and alcohol rehabilitation. However, instead of providing drug rehabilitation, the defendants have concealed, and continue to conceal, the Narconon program's true relationship with ABLE by teaching the Hubbard technology."

Gary and Chuck Richardson, the attorneys handling the lawsuit, say the parents of Murphy were "provided misleading information on the Narconon website and by Narconon representatives, which led them to believe that Narconon Arrowhead would be a safe and effective treatment facility.

"In addition, Narconon Arrowhead fraudulently tells potential students that a physician is on staff 24 hours a day. Instead, a physician is present only once a week," they allege.

The suit seeks in excess of $75,000 on each of the main three contentions.

When contacted by KRMG, Gary Richardson said his firm also plans to file a lawsuit in the death of Gabriel Graves, 32, who died at the Narconon Arrowhead facility Oct. 26, 2011.

Graves, like Murphy, lived in Owasso.

A third death, that of Hillary Holten, 21, of Carrollton, Texas, occurred April 11 of this year.

http://www.krmg.com/news/news/local/tulsa-law-firm-files-lawsuit-against-narconon-woma/nST6K/


Title: Re: Lawsuits
Post by: Ididntcomeback on October 06, 2012, 01:14:25 PM
October 5, 2012
                      Parents file lawsuit against Narconon Arrowhead and it's medical director

By Jeanne LeFlore Staff Writer

McALESTER — The parents of a patient allegedly found dead at Narconon Arrowhead this summer filed a lawsuit today against the facility in Pittsburg County District Court.
Robert Murphy and Tonya White, parents of 20-year-old Stacy Dawn Murphy of Owasso, seek damages in excess of $75,000 from Narconon Arrowhead, Narconon International, the Association for Better Living and Education International and Dr. Gerald Wootan.
 The lawsuit alleges wrongful death, negligence, and violation of the Oklahoma Consumer Protection Act.
Narconon Arrowhead is a nonprofit drug and alcohol rehabilitation center at Canadian. Officials at the facility have declined comment. An attorney for Narconon, M. David Riggs, states in a letter to the McAlester News-Capital that federal law prohibits the disclosure of information about participants in drug and alcohol addiction treatment programs, and that family members have not consented to release information about Murphy and others who have died in connection with Narconon.
 
http://mcalesternews.com/breakingnews/x1149574337/Parents-file-lawsuit-against-Narconon-Arrowhead-and-one-of-its-doctors

http://www.fox23.com/news/local/story/Wrongful-death-lawsuit-filed-against-Pittsburg-Co/ktrgmsU-eU6H_rvvnSm8yQ.cspx


Title: Re: Lawsuits
Post by: Ididntcomeback on October 19, 2012, 12:37:34 PM
                                 Daniel Asse Sued By $cientology: Can Anyone Help?

    Dear ESMB friends,

    Tonight Daniel Asse called me from Mexico. Once more, $cientology
    is trying to use their Legal force to harm one more person, that they
    have already harmed, per his story. Here it is:

    "Dear Tory

    I come to you because of a letter that I received today, from the Church of Scientology/OSA." ( =OSA)
    " I think it is their attempt at revenge for my suing Scientology, last year.
    I sued them for extortion and kidnapping, as they put me in a room for 12 hours until I signed a paper saying I agreed to divorce,
    money, settlement, etc.

    Now, a year later, I get this saying they are suing me for extortion.
    In Mexico just stating this false statement is considered perjury.
    The person charging me is the president of the Church of Scientology and has an important place, in Mexico.
    If you search the Internet for Alma Rosa Lugo Anzaldo you will see that this is someone is very involved there. I do not know her personally, nor
    have I ever met her. The charges claimed, fyi, are totally false.

    I ask in the most respectful manner for your help in exposing this false accusation.
    This just came to my house today, yet it says I was supposed to be in court Oct 11th.
    Today is the first time I've heard of this, Oct. 17th.

    I would greatly appreciate your help. Hopefully with your help we can expose this on the Net.
    I am also totally willing to do any interviews to expose this abusive Cult and their harassment of myself and others.
    If you can help in any way with this, I'd greatly appreciate it.
    If you can, please either call me or I can call you.

    Thank you for any help you can give.

    Daniel Asse
    Nextel 91183527
    Iusacell. 5519564185
    danielasse@gmail.com
    011525591183527 "

    If any of you have any suggestions, or possible media connections
    both would be greatly appreciated by Daniel. You can either e-mail
    him, or call him.

    Thank you for reading this.

    Tory/Magoo

http://www.forum.exscn.net/showthread.php?28984-Daniel-Asse-Sued-By-cientology-Can-Anyone-Help


Title: Re: Lawsuits
Post by: Ididntcomeback on October 25, 2012, 01:56:38 PM
                Scientology-linked Narconon of Oklahoma facing further litigation amid recent rehab deaths

Posted: 10/24/2012
Last Updated: 3 hours and 31 minutes ago

PITTSBURG, Okla. - Yet another lawsuit has been filed against a Scientology-linked Oklahoma rehabilitation center in the wake of recent deaths at the facility.

Shirley Gilliam, whose son died in Narconon of Oklahoma care last October, filed the third suit against the organization in three months. Stacy Murphy's family sued earlier this month; Hillary Holten's parents sued in August.

The lawsuit accuses Narconon of Oklahoma, its California-based parent companies and Dr. Gerald Wootan -- Narconon of Oklahoma medical director -- of negligence, wrongful death, violation of the Oklahoma Consumer Protection Act , vicarious liability and civil conspiracy and punitive and exemplary damages.

Gilliam's son, 32-year-old Gabriel Graves, of Claremore, was found dead in his room at the Pittsburg County facility.

The suit alleges Graves "requested over-the-counter pain relief and permission to see a physician" earlier that day for a headache and was denied and told a physician was not on staff. Graves also suffered from bouts of illness -- including headaches and vomiting -- during his time at Narconon , Gilliam claims.

Graves' autopsy report was inconclusive.

The lawsuit targets the facility's connection with Scientology, calling the center a "corporate sham and illusion" which misrepresented to potential patients the care they would receive.

Among other allegations, Gilliam claims the drug and rehab center had a physician on staff around the clock, only to provide one once a week.

Gilliam's is asking for in excess of $75,000 in damages.

In July, 2NEWS reporter Sara Goldenberg shed light on the Canadian, Okla. facility, the flagship center of Narconon.

Since that time Narconon has come under fire , prompting Narconon of Oklahoma CEO Gary Smith to write an open letter to 2NEWS , defending the care and effectiveness of his facility.

Narconon's website describes itself as a non-profit drug rehabilitation program with more than 100 drug rehab centers and drug prevention and education centers around the world.

Read more: http://www.kjrh.com/dpp/news/local_news/scientology-linked-narconon-of-oklahoma-facing-further-litigation-amid-recent-rehab-deaths#ixzz2AGuvoBdZ


Title: Re: Lawsuits
Post by: Ididntcomeback on October 25, 2012, 02:00:12 PM
                                    Cruise Sues Tabs for “Abandoned” Suri Headlines

Posted on: 7:53 pm, October 24, 2012,

(CNN) — Tabloid headlines that “falsely trumpeted” in bold letters that Tom Cruise “abandoned” his young daughter should cost the publisher $50 million, the actor’s lawyer said Wednesday.

The magazine covers appeared on Life & Style and InTouch in the weeks after Cruise divorced actress Katie Holmes, with whom he shares 6-year-old daughter Suri, according to a defamation lawsuit Cruise filed against the publisher in Los Angeles on Wednesday.

“Tom is a caring father who dearly loves Suri,” Cruise lawyer Bert Fields said. “She’s a vital part of his life and always will be. To say he has ‘abandoned’ her is a vicious lie. To say it in lurid headlines with a tearful picture of Suri is reprehensible.”

Fields said he sent two letters informing the publisher that the headlines were false and demanding retractions, but he was refused in each case.

“These serial defamers are foreign-owned companies with their global headquarters in Hamburg,” Fields said. “They take money from unsuspecting Americans by selling their malicious garbage. Having to pay a libel judgment may slow them down.”

Bauer Publishing Group, which publishes both magazines, responded to CNN’s request for a response with “no comment.”

The July 30 Life & Style cover read “Suri in Tears, Abandoned by Her Dad,” under a photograph of Suri appearing to have tears in her eyes while in her mother’s arms, the suit said.

The story inside explained she was crying “as a result of Suri being upset over not being able to take a puppy home from a pet store,” the suit said.

The complaint also includes a September In Touch cover that read “44 Days Without Tom … Abandoned by Daddy … Suri is left heartbroken as Tom suddenly shuts her out and even misses her first day of school… Has He Chosen Scientology Over Suri For Good?”

Since the magazines are displayed at supermarket checkout lines, “millions of people each day must see their covers which feature screaming headlines in huge, brightly colored letters that are typically of a false, lurid and titillating nature, and that are often entirely unsupported by the stories buried in the magazines’ interiors,” the suit said.

“Tom doesn’t go around suing people,” Fields said. “He’s not a litigious guy. But when these sleaze peddlers try to make money with disgusting lies about his relationship with his child, you bet he’s going to sue.”

Cruise will “undoubtedly” donate any judgment proceeds to charity, Fields said. “He always has.”

– CNN’s Jane Caffrey contributed to this report.

For more on the break-up between Tom Cruise and Katie Holmes, click here.

http://fox8.com/2012/10/24/cruise-sues-tabs-for-abandoned-suri-headlines/


Title: Re: Lawsuits
Post by: Ididntcomeback on November 20, 2012, 12:55:42 PM
                  Bend dentist asks court to review $348,000 penalty for Scientology training

A Bend dentist has asked the Oregon Court of Appeals to review a $348,000 penalty stemming from allegations that he required employees to attend a Scientology-related training session.

The Bureau of Labor and Industries imposed the fine in September to settle charges of religious discrimination at Dr. Andrew W. Engel's practice, Awe Dental Spa.

Michael Gordon, a Portland attorney representing Engel, filed a petition last week with the appeals court. He has not responded to The Oregonian's request to comment.

The order is tied to an October 2009 symposium that BOLI alleges was required. Employees had received a conference outline the preceding August referencing a Scientology concept known as the "tone scale."

Soon after, Susan Muhleman, who worked as a dental assistant, told Engel that it would conflict with her Christian beliefs. BOLI contends that Engel told her the conference was mandatory and turned down her request for secular training instead.

Muhleman quit weeks before the three-day conference, then moved out of the state to pursue a new job. At the time, Bend's jobless rate topped 12 percent.

Engel was ordered to cover Muhleman's lost wages and moving expenses, as well as pay damages for emotional distress.

The appeals court doesn't announce in advance when it will issue a decision, but cases commonly take a year or more to decide.

http://www.oregonlive.com/money/index.ssf/2012/11/bend_denist_asks_court_to_review_348000_penalty_for_scientology_training.html


Title: Re: Lawsuits
Post by: Ididntcomeback on November 27, 2012, 02:50:23 PM
November 26, 2012
                                       Negilgence lawsuit filed against Narconon Arrowhead

McALESTER — A lawsuit was filed today against Narconon Arrowhead by a man who suffered from the same disease as a woman who was found dead at the facility earlier this year.
The suit was filed in Pittsburg County District Court by 21-year-old William Scott a former patient of the facility who has a medical condition called from Congenital Adrenal Hyperplasia, which requires daily medication, according to the lawsuit.
The condition is also the same that of 21-year-old Hillary Holten who was found dead at the facility in April.
The lawsuit is the latest in a string of lawsuits filed this year and an ongoing investigation into facility after three people were found dead in a span of nine months. A fourth person also died in 2009 while a patient of the facility.
An answer on whether criminal charges will be filed in the deaths could be expected according to District 18 District Attorney Farley Ward.
Scott is seeking more than $75,000 in damages according the  lawsuit which alleges negligence, violation of the Oklahoma Consumer Protection Act, vicarious liability and civil conspiracy.
Named as defendants in the lawsuit are Narconon of Oklahoma doing business as Narconon Arrowhead, an Oklahoma corporation; Narconon International, a foreign corporation based in California; Association for Better Living and  Education International, a foreign corporation based in California; and Gerald D. Wootan, DO, M.Ed., medical director of Narconon of Oklahoma.
A request for a response from Narconon Arrowhead was not returned by presstime today.
Contact Jeanne LeFlore at jleflore@mcalesternews.com.

http://mcalesternews.com/breakingnews/x942834940/Negilgence-lawsuit-filed-against-Narconon-Arrowhead


Title: Re: Lawsuits
Post by: Ididntcomeback on December 08, 2012, 04:18:46 PM
                        Attorney Loses Bid to Block Sanctions Hearing    Friday, December 07, 2012

                                         Courthouse news service

 (CN) - A Florida attorney failed to block a "secret" hearing to decide if he will pay more than $1 million to the Church of Scientology for violating a settlement agreement.
     Church of Scientology Flag Service Organization sued attorney Kennan Dandar for filing a wrongful death lawsuit against it in 2009, after Dandar entered into a confidential settlement in a similar case, agreeing to never again represent anyone suing Scientology.
     Dandar had sued the organization in 1997 on behalf of the estate of Lisa McPherson, a member of the Church of Scientology who died of a pulmonary embolism in 1995, in Clearwater, Fla. McPherson, 36, was under the care of the Flag Service Organization, a branch of the Church of Scientology, at the time of her death. Florida's state medical examiner first ruled McPherson's death a negligent homicide, but later changed the cause of death from "undetermined" to an accident. The criminal charges against Scientology were dropped, but McPherson's family filed a civil lawsuit against the church.
     After litigating the case for more than 7 years, the parties reached a settlement that barred McPherson's estate and its representatives, including Dandar, from bringing similar claims against Scientology.
     Scientology sought to enforce the agreement against Dandar in 2009, prompting a Pinellas County Circuit Court judge to order Dandar to withdraw from the new lawsuit against the church.
     Dandar appealed the decision, arguing that the settlement agreement was unenforceable because it contained a practice restriction which violated Florida Bar rules, but an appeals court upheld the decision.
     The circuit court found Dandar in civil contempt for failing to comply with its 2009 order, and ordered him to pay $50,000 to Scientology and abandon the wrongful death action.
     After the 11th Circuit reversed a decision blocking proceedings against Dandar in state court, Scientology sought a hearing to determine the attorneys' fees and damages Dandar allegedly owed it for breaching the McPherson settlement.
     Dandar then filed a civil rights lawsuit to block a hearing scheduled for Nov. 26 and any other hearing on the matter.
     He alleged that Scientology had acted under color of state law in imposing "a practice restriction" that prevented him from representing his client.
     Dandar, however, did not allege that Scientology had conspired with the circuit judge or any other state actor in allegedly violating his constitutional rights, according to the ruling in the case.
     U.S. District Judge Virginia Hernandez Covington disagreed with Dandar, noting that the "se of the courts by private parties does not constitute an act under color of state law."
     Scientology cannot be liable for constitutional violations for its resort to state courts, the ruling states.
     "Finding no indication of corruption, this court determines that Dandar's complaint merely amounts to a disappointed litigant's attempt to revisit the legal conclusions of the state circuit court," (pg.15) Covington wrote.
     The judge declined to review the state court's decision, noting that Dandar should file a state appeal if he thinks the court reached the wrong decision, not a civil rights action against private litigants.
     Covington refused to grant an injunction, finding that Dandar was unlikely to succeed on the merits of his claim.
     The injunction would also disserve public interest by granting federal courts unwarranted jurisdiction over a state court's decision, the ruling adds.
     The Nov. 26 hearing, which involved Scientology submitting evidence to support its claim that it is entitled to more than $1.1 million in sanctions against Dandar, was closed to the public and press. 

http://www.courthousenews.com/2012/12/07/52928.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on December 20, 2012, 12:29:48 PM
                        Ken Dandar Messed With Scientology, and Now the Spies Are After Him


By Terrence McCoy Tue., Dec. 18 2012

Ken Dandar doesn't trust anybody. Not after all the spies searched his trash. Not after the interlopers dialed his office, pretending to be somebody else. Not after he took on Scientology in one of the biggest legal clashes in the church's history.

So when we called Dandar last week, he thought we were members of the Church of Scientology and were out to get him. "How do I know you are who you say you are?" he asked. "Who are you really?" was another of his questions.

Dandar's sprawling legal battle against Scientology -- which has consumed more than a decade of his life -- ground forward recently, but not in Dandar's favor. The Southwest Florida attorney failed to block a "secret" hearing in state court to decide whether he'll pay $1 million for violating a 2004 settlement agreement that prohibited him from suing the church again.

Because, apparently, Dandar can't stop suing Scientology.....

http://blogs.browardpalmbeach.com/pulp/2012/12/ken_dandar_battles_scientology.php


Title: Re: Lawsuits
Post by: Ididntcomeback on January 15, 2013, 06:39:05 AM
                                               Scientology Ties at Base of $33,000 Complaint
By KEVIN KOENINGER
                                                  The courthouse news service
   

     CLEVELAND (CN) - A consulting firm lied about its connections to the Church of Scientology, a veterinarian claims in court, and he wants his $33,000 back.
     Jeffrey Peacock, owner of the Crossroads Animal Hospital, sued Clear Advantage Business Solutions, in Cuyahoga County Court.
     Clear Advantage is the only defendant.
     Peacock claims Clear Advantage and its representative Roger Harrison offered consulting services for his animal hospital and presented a contract, which stated "that defendant 'uses some secular administrative technology developed by L. Ron Hubbard,' but that defendant is 'a privately owned company, separate from and not a part of any Church of Scientology,'" according to the complaint.
     It continues: "After reviewing paragraph H.2 of the agreement, plaintiff inquired of Mr. Harrison regarding the nature and extent of the connection between the Church of Scientology and defendant and its representatives, and, in response to said inquiry, Mr. Harrison represented and assured plaintiff that defendant was not connected to the Church of Scientology."
     Based on these assurances, Peacock says, he signed the contract and "also paid the defendant the sum of $33,450.39 (the 'deposit'), representing a deposit toward the full contract price for defendant's performance of the agreement."
     However, "Subsequent to plaintiff's signature and delivery of the agreement to defendant, and subsequent to plaintiff's payment of the deposit to defendant, plaintiff discovered that defendant and its representatives were, in fact, connected with and/or members of the Church of Scientology," Peacock says.
     Peacock says he canceled the contract and demanded a refund from Clear Advantage, which "asserts that the deposit was expressly made 'non-refundable,' per the terms of the agreement, and, accordingly, defendant has refused to return the deposit or any portion thereof to plaintiff."
     Peacock seeks a judgment declaring the contract null and void, refund of his deposit and damages for fraud and deceit.
     He is represented by David Ledman, of Willoughby Heights, Ohio. 

http://www.courthousenews.com/2013/01/14/53886.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on January 24, 2013, 07:07:23 AM
                               First in series of suits says Scientology misspent contributions

 TAMPA --

A California couple filed a federal lawsuit today in Tampa against the Church of Scientology, saying hundreds of thousands of dollars they gave to the church for specific purposes was spent elsewhere.

Attorneys for the couple say it is the first of a series of lawsuits that will be filed by former church members across the nation, alleging fraud, unfair deceptive trade practices and breach of contract.

The 35-page, nine-count suit was filed in Tampa's federal courthouse Wednesday morning and names five church entities in Clearwater: The Church of Scientology Religious Trust, the FLAG Service Organization, the FLAG SHIP Service Organization, IAS Administrations and the United States IAS Members Trust.

The couple, identified as Luis A. Garcia Saz and his wife Maria Del Rocio Burgos Garcia of Irvine, Calif., want their $420,000 back. They said in the suit that they gave the church $320,000 to go toward construction a new building near its headquarters in Clearwater and that more than a decade went by with completion nowhere in sight.

The complaint also says that the couple donated money for certain humanitarian initiatives, such as counseling services and helping natural disaster victims, but that money was either underused or misappropriated.

All along, the suit says, church officials at the highest levels knew they were committing fraud.

The plaintiffs' attorneys, Theodore Babbitt of West Palm Beach and Ronald P. Weil of Miami, said they expect a wave of similar federal suits from ex-church members around the country, some of which are already in process.

The suit filed in Tampa today names David Miscavige, who assumed leadership of the church in 1986.

"The church, under the leadership of David Miscavige, has strayed from its founding principles and morphed into a secular enterprise whose primary purpose is taking people's money," the suit said.

"In more recent years the church has added large, high-pressure fundraising drives as its primary source of generating revenue."

The suit identifies what it describes as three unfulfilled initiatives:

    Contributions to the Church's "Super Power" building in Clearwater, which amounted to $200 million. Less than half of that has been spent on construction, the suit said, and the structure remains empty more than 14 years after the 1998 groundbreaking ceremony despite continuing aggressive fundraising.

    Contributions to global humanitarian efforts.

    Deposits toward counseling services, accommodations and training that the suit contended were never repaid for services never rendered.

Instead, the suit said, the church "improperly utilized the contributions and deposits to, among other things, engage ranks of professionals to stifle inquiries into the church's activities and finances, to intimidate members and ex-members, to finance the lavish lifestyle of Miscavige and to fill the coffers of the church or its subsidiary/affiliated organizations."

Stay with TBO.com for updates.


VIDEO   >>>  Tom Cruise responds to Lawrence Wright`s new book.

http://www2.suncoastnews.com/lifestyles/news/2013/jan/23/first-in-series-of-suits-says-scientology-misspent-ar-614337/


Title: Re: Lawsuits
Post by: Ididntcomeback on January 24, 2013, 03:04:42 PM
                         In just the last seven hours.

People are finding scientology interesting and want to know more about it.


 1h       Calif. couple sues over donations to Scientology – timesleader.com
Wed, Jan 23, 2013 — Feed: Yahoo! News
Likely duplicate(s): Google News/WKYC-TV, Yahoo! News/boston.com, Google News/News Chief, Google News/Bradenton Herald, Yahoo! News/wflx.com

< 1h       Lawsuit alleges purpose of Scientology is &#39;taking people&#39;s money&#39; – usnews.nbcnews.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

< 1h       Scientologists sue church for fraud – ABC Action News
Wed, Jan 23, 2013 — Feed: Google News

1h       Couple sues Scientology, says church misspent donations – suncoastnews.com
Wed, Jan 23, 2013 — Feed: Yahoo! News
Likely duplicate(s): Google News/Tbo.com

1h       Scientology Lawsuit Alleges Fraud, Deception, Mishandling Of Hundreds Of ... – Huffington Post
Wed, Jan 23, 2013 — Feed: Google News

1h       US couple sues over donations to Scientologists; claim money never went to ... – Calgary Herald
Wed, Jan 23, 2013 — Feed: Google News

1h       Church of Scientology target of federal lawsuit – WTSP 10 News
Wed, Jan 23, 2013 — Feed: Google News

2h       Bay Street Players&#39; &#39;Avenue Q&#39; is actor&#39;s &#39;dream show&#39; – orlandosentinel.com
Wed, Jan 23, 2013 — Feed: Yahoo! News
Likely duplicate(s): Yahoo! News/orlando.feedsportal.com

2h       Former Scientology members claim church swindled members over donations in lawsuit – clarionledger.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

3h       First in series of suits says Scientology misspent contributions – Tbo.com
Wed, Jan 23, 2013 — Feed: Google News
Likely duplicate(s): Yahoo! News/duke1.tbo.com, Yahoo! News/suncoastnews.com

4h       Everyone?s Favorite Parlor Game Gets a Web Series (Video) – observer.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

4h       Babbitt, Johnson, Osborne & Le Clainche and Weil Quaranta, P.A. File Fraud Suit against Church of Scientology Entities ... – businesswire.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

4h       Babbitt, Johnson, Osborne & Le Clainche and Weil Quaranta, PA File Fraud Suit ... – MarketWatch (press release)
Wed, Jan 23, 2013 — Feed: Google News

5h       Calif. couple sues over donations to Scientologists; claim money never went to intended causes – startribune.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

5h       California couple says Scientology misspent contributions – Tbo.com
Wed, Jan 23, 2013 — Feed: Google News

5h       Scientology Hit With Federal Fraud Lawsuit While It's Still Reeling From Book ... – Huffington Post
Wed, Jan 23, 2013 — Feed: Google News

6h       Page & Perspective: A Journalistic Dismantling of Scientology – DCist.com
Wed, Jan 23, 2013 — Feed: Google News

7h       Our Say: When it comes to love, is Hollywood faking it? – mercurynews.com
Wed, Jan 23, 2013 — Feed: Yahoo! News

7h       Disappointing Deadspin – cjr.org
Wed, Jan 23, 2013 — Feed: Yahoo! News

7h       Lawsuit Alleges Scientology Misspent Donations For Clearwater Building – Patch.com
Wed, Jan 23, 2013 — Feed: Google News

7h       Calif. couple sues over donations to Scientologists; claim money never went to ... – The Republic
Wed, Jan 23, 2013 — Feed: Google News


Click here for links..

http://www.xenu-directory.net/webnews.php


Title: Re: Lawsuits
Post by: Ididntcomeback on January 29, 2013, 11:29:56 PM
                   Re: Belgium To Prosecute Scientology As Criminal Organization

   


    Scientologists 'facing fraud and extortion charges in Belgium after police probe into criminal organisation'

    * 'Illegal medicine, breaches of privacy and extortion charges' have been drawn up against the Church and two senior executives

    * Offices in Belgium, where it is considered a 'cult' have been raided

    * It comes after 15 year investigation into Scientology by authorities

    ...

    According to De Standaard, raids on Scientology offices in Belgium allegedly revealed evidence that the group had spied on and extorted money from converts.

    ...

    In February, an appeals court upheld fraud charges and a £490,000 fine against the Church of Scientology in France for convincing recruits to pay large sums for fake personality tests and cures.

    ...

    Scientology, which has many famous members including Hollywood actors John Travolta and Tom Cruise, is considered a 'cult' in many European countries.
    While it is regarded as a religion in the United States, Italy and Spain, it is not recognised as a church in other European countries such as France, Germany, Belgium and Britain.

Re: Belgium To Prosecute Scientology As Criminal Organization; Church Faces Charges O

    .


    Scientologists 'facing fraud and extortion charges in Belgium after police probe into criminal organisation'

    * 'Illegal medicine, breaches of privacy and extortion charges' have been drawn up against the Church and two senior executives

    * Offices in Belgium, where it is considered a 'cult' have been raided

    * It comes after 15 year investigation into Scientology by authorities

    ...

    According to De Standaard, raids on Scientology offices in Belgium allegedly revealed evidence that the group had spied on and extorted money from converts.

    ...

    In February, an appeals court upheld fraud charges and a £490,000 fine against the Church of Scientology in France for convincing recruits to pay large sums for fake personality tests and cures.

   

   
http://www.dailymail.co.uk/news/article-2254846/Scientologists-facing-fraud-extortion-charges-Belgium-police-probe-criminal-organisation.html#ixzz2JMUP3ssl


Title: Re: Lawsuits
Post by: Ididntcomeback on January 31, 2013, 07:11:25 AM
                                      Scientology's Legal Foe May Still Face Sanction
By IULIA FILIP
      
   Courthouse News   

     (CN) - A Florida court must decide whether to sanction a lawyer who sued the Church of Scientology for wrongful death despite a settlement agreement, a federal judge ruled.
     Lisa McPherson died of a pulmonary embolism while under the care of the Church of Scientology in Clearwater, Fla. A Florida medical examiner first ruled McPherson's 1995 death a negligent homicide, but later changed the cause of death from "undetermined" to an accident.
     Prosecutors dropped the criminal charges against the Church of Scientology Flag Service Organization, but McPherson's family filed a state-court civil suit in 1997.
     Under a 2004 settlement, McPherson's representatives, including their attorney Kennan Dandar, were barred from ever suing Scientology again.
     Five years later, however, Dandar sued Scientology again for wrongful death, this time in federal court and on behalf of another family.
     A Pinellas County judge ordered Dandar to withdraw from the new lawsuit and any other actions against Scientology, except the settled McPherson case. Dandar appealed the order, but the appeals court affirmed the state court's decision.
     After discovering that Dandar had not withdrawn from the 2009 lawsuit, the state court found Dandar in civil contempt, again ordered him to abandon the action, and imposed a $1,000-per-day fine until withdrawal.
     A federal judge blocked sanctions proceedings against Dandar in state court, but the 11th Circuit reversed and vacated that injunction.
     In November 2012, the state court held a hearing on the amount of damages that Dandar would have to pay to Scientology for violating the settlement agreement. The judge did not immediately announce a decision, and asked for final written submissions by Dec. 27.
     Dandar then sought to remove the sanctions proceedings to federal court, claiming that he was "punished by the state court for filing a federal action."
     But U.S. District Judge Virginia Hernandez Covington ruled that the federal court lacked original jurisdiction over both the McPherson wrongful-death claims and Scientology's attempt to enforce the settlement agreement.
     "Regardless of which party is viewed as the 'originator' of the claims that Dandar attempts to remove, that party has relied on state law in framing its cause of action," the Jan. 18 decision states.
     What's more, the 30-day opportunity for removal expired in 2010, when the state court found Dandar in contempt and ordered him to withdraw from the 2009 federal lawsuit. By that point, Dandar knew that the state court was considering punitive sanctions against him, the court found.
     The McPherson lawsuit and the settlement dispute were too far advanced in state court to permit removal to federal court, according to the ruling.
     Covington remanded the sanctions proceedings back to the circuit court, but denied Scientology's request for attorneys' fees. 

http://www.courthousenews.com/2013/01/30/54380.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on February 24, 2013, 07:56:57 AM
                             1990 CST US Claims Court Filings < needs analysis

    IN THE UNITED STATES CLAIMS COURT
    CASE NO. 581-88T

    FILED

    OCT 15 1990
    CHURCH OF SPIRITUAL TECHNOLOGY, Plaintiff,

    V.
    THE UNITED STATES, Defendant.

    PLAINTIFF'S PROPOSED FINDINGS OF FACT


    Monique E. Yingling



    ZUCKERT, SCOUTT & RASENBERGER

    888 Seventeenth Street, N.W. Suite 600

    Washington, D.C. 20006 202/298-8660

    ATTORNEY FOR PLAINTIFF




    IN THE UNITED STATES CLAIMS COURT, Case No. 581-88T

    CHURCH OF SPIRITUAL TECHNOLOGY, Plaintiff,

    v. THE UNITED STATES, Defendant.



    PLAINTIFF'S` PROPOSED FINDINGS OF FACT



    I. CST’s FORMATION AND ITS PURPOSE 1

    II. THE SCIENTOLOGY RELIGION AND ITS SCRIPTURES 4

    III. L. RON HUBBARD’S BEQUESTS TO CST, RTC, AND CSI 13

    IV. CST’S ORGANIZATION AND STAFF 22

    V. CST’S ACTIVITIES 30

    VI. CST’S FINANCES 59

    VII. CST'S RELATIONSHIP WITH L. RON HUBBARD AND

    THE HIERARCHICAL CHURCH 71

    VIII. CST'S ADMINISTRATIVE PROCEEDING BEFORE THE IRS

    A. CST's Application For Recognition of Exemption And the

    Administrative Proceeding Up to the Initial Adverse Ruling 102

    B. The Initial Adverse Ruling 106

    C. CST's Protest of the Initial Adverse Ruling.. 109

    D. CST'S 1987 Conference 112



    E. CST's First Supplemental Submission .................................................. .... 114



    F. CST's Second Supplemental Submission ................................................. 117



    G. The IRS's Questions Regarding CST's

    Relationships With Other Entities .................................................. .................... 120



    1. FBI and Armstrong Cases .................................................. ................. 120

    2. Religious Research Foundation ("'RRF"')... 122

    3. Cancorp Investment Properties, Inc.

    ("'Cancorp^') .................................................. ..................................... 122

    4. The International organizations .................................................. ................... 123

    The On-Site Review .................................................. ................................... 130

    I. The Aznaran Summons and Interview .................................................. ........... 152

    J. The IRS's Termination of the On-Site Review.. 166

    K. The Final Adverse Ruling .................................................. ............................ 172


http://www.lermanet.com/members/cst/CSTClaimsCourtFiling.htm

http://www.forum.exscn.net/showthread.php?30670-1990-CST-US-Claims-Court-Filings-lt-needs-analysis


Title: Re: Lawsuits
Post by: Ididntcomeback on March 23, 2013, 07:40:12 AM
                        "Scientology Litigation" posted on Theodore Babbit's website! This is HOT!

One of our favorite Es Pee attorney who is not afraid of the cult has gone BOLD and has a link on his website! The times sure are changing...no more fear of FAIR GAME. David Miscavige should be donning his Depend's Adult Diaper's by now!!

http://www.forum.exscn.net/showthread.php?30982-quot-Scientology-Litigation-quot-posted-on-Theodore-Babbit-s-website!-This-is-HOT!


Title: Re: Lawsuits
Post by: Ididntcomeback on April 24, 2013, 10:20:15 AM
                                 GARCIAS RESPOND TO SCIENTOLOGY YOU`RE A RIPOFF

Posted 22 April 2013

tonyortega.org/2013/04/22/garcias-respond-to-scientology-youre-a-big-ripoff

22 page document on this page loads in "scribd'.  Can take a while....  ....   .........!.....?     !!!  ...
My computer did not like it at all.

Also posted on "Tony Ortega has a new blog" thread.

Here is a brief summary...

http://www.forum.exscn.net/showthread.php?31448-Garcia-case-new-developments-4-22-13-Marty-declaration


Title: Re: Lawsuits
Post by: Ididntcomeback on April 24, 2013, 03:09:26 PM
            Court won't halt Bend dentist's $348,000 penalty for mandatory Scientology-based training

The Oregon Court of Appeals has denied a Bend dentist's request to halt a $348,000 penalty levied last year by the Bureau of Labor and Industries.

The agency concluded Dr. Andrew W. Engel threatened to fire an assistant if she didn't attend a Scientology-related training session. Eventually she quit and, facing high unemployment in Central Oregon, moved out of state to find a job.

BOLI ruled the woman was harassed because of her religious beliefs while working at AWE Dental Spa, and concluded Engel didn't fulfill her request for secular training.

In October, the agency ordered Engel to pay $348,000, including $325,000 in damages for mental, emotional and physical suffering. Engel petitioned the Appeals Court to review the penalty in November.

The court decided Thursday the request didn't provide enough supporting information, and denied the motion. BOLI made the decision public Tuesday.

Commissioner Brad Avakian said he was pleased with the ruling. "We will hold employers accountable if they violate employees' civil rights," he said in a press release issued by the agency.

A message left for Michael Gordon, a Portland attorney representing Engel, hasn't yet been returned. A recorded message at AWE Dental Spa said the practice is temporarily closed because of a transition, but expects to resume operations sometime in April.

--Molly Young

http://www.oregonlive.com/money/index.ssf/2013/04/oregon_appeals_court_denies_be.html


Title: Re: Lawsuits
Post by: Ididntcomeback on April 24, 2013, 03:11:16 PM
                 Narconon Drug Rehab Lawsuits Climbs to 20 Cases

Across the United States, Scientology is now facing 20 Narconon drug rehab lawsuits ranging from 3 wrongful deaths, fraud, misrepresentation, civil conspiracy, and fraudulently billing credit cards.

Mary McConnell, a volunteer advocate for victims of Narconon, has been documenting abuses for years over on the forum 'Reaching for the Tipping Point' (RFTTP). Mary is also well known for keeping the public updated and informed on the Ex-Scientology Message Board (ESMB) website.

One of the victims, Vicki White, "is suing because she says fraudulent means were used to enroll her son in Narconon and keep him there, despite her attempts to get him out because of concerns that his medical needs weren't being addressed. Like the others, she is alleging that Narconon's business practices are simply a form of fraud."

Many of the cases are focussed on Narconon Arrowhead and named entities include "Narconon of Oklahoma doing business as Narconon Arrowhead, an Oklahoma corporation; Narconon International, a foreign corporation based in California; Association for Better Living and Education International, a foreign corporation based in California; and Gerald D. Wootan, DO, M.Ed., medical director of Narconon of Oklahoma."

Other Narconons across the USA, such as Pur Detox Inc. Allan Sosin, Narconon Freedom Center, A Forever Recovery, Narconon Fresh Start, Rainbow Canyon Retreat, Rainbow Canyon et al., are facing numerous lawsuits.

Adding to Scientology's legal troubles in North America, are 5 cases before the Quebec Human Rights Commission involving 'discrimination' and 'exploitation of a handicap'.

The majority of victims say they were duped and conned by slick salespeople when they called the toll free number from a "drug rehab" Google search.

David Edgar Love

http://www.wireservice.ca/index.php?module=News&func=display&sid=10204


Title: Re: Lawsuits
Post by: Ididntcomeback on May 10, 2013, 01:39:27 PM
                            Chiropractic Co. Forced Scientology On Workers, EEOC Says

Share us on: Twitter Facebook LinkedIn By Linda Chiem
Law360, New York (May 09, 2013, 1:10 PM ET) -- The U.S. Equal Employment Opportunity Commission launched a suit in Florida federal court Wednesday alleging chiropractic medical practice Dynamic Medical Services Inc. forced its employees to practice Scientology and wrongfully fired at least two employees who complained about it.

The EEOC contends Dynamic, which has two clinics in South Florida, required its employees to take daily courses during which they participated in hours-long Scientology religious exercises or studied the writings of Church of Scientology International founder L. Ron Hubbard, including “The Way To Happiness,” “Dianetics” and...

http://www.law360.com/articles/440013/chiropractic-co-forced-scientology-on-workers-eeoc-says


Title: Re: Lawsuits
Post by: Ididntcomeback on May 14, 2013, 03:42:26 PM
                    EEOC Sues Company for Forced Practice of Scientology

                                            Workforce

If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.

    Published: May 13, 2013

 The Equal Employment Opportunity Commission has filed against a Miami, Florida, medical service provider, alleging that it has violated Title VII's religious discrimination provisions by forcing its employees to practice Scientology. According to the agency's lawsuit, Dynamic Medical Services required its employees, as a condition of their employment, to spend at least half their work days attending Scientology courses.

The EEOC's complaint [pdf] details the bizarre job requirements, which included:

    Screaming at ashtrays.
    Staring at someone for eight hours without moving.
    Undergoing a "purification audit" by connecting to a Scientology religious artifact known as an "E-meter."

Employees who refused to participate in the Scientology religious practices, or conform to Scientology religious beliefs, were terminated.

If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.

http://www.workforce.com/article/20130513/BLOGS07/130519995/eeoc-sues-company-for-forced-practice-of-scientology#


Title: Re: Lawsuits
Post by: Ididntcomeback on May 18, 2013, 08:00:19 AM
                                Feds sue employer for job-related Scientology requirements

Charlie Butts   (OneNewsNow.com) Friday, May 17, 2013

The U.S. Equal Employment Opportunity Commission is taking action against a Florida-based firm for unusual practices related to Scientology.

The EEOC filed suit last week against Dynamic Medical Services, Inc., for requiring its employees to spend at least half their work day attending courses that involved Scientology practices. But Mat Staver of Liberty Counsel tells OneNewsNow it went much further.

Staver, Mat (Liberty Counsel)"In this particular case it's quite unusual, because according to the allegation the employer required some of its employees to stare at another person for eight hours during the workday or to shout at ashtrays or to do other kinds of activities related to Scientology," he explains.

According to the EEOC, other requirements included undergoing an "audit" by connecting herself to an "E-meter" and undergoing "purification" treatment. Two of the plaintiffs in the lawsuit were fired by Dynamic Medical Services after they refused to participate in the Scientology practices and/or did not "conform" to those religious beliefs, says the EEOC.

It is obvious, says the Liberty Counsel founder, that an employer cannot force that type of activity on employees.

"Certainly this looks like a problematic situation with regards to a violation of the laws that prohibit discrimination on account of religion," the attorney explains. "It appears as though that's what this company has actually done, especially since they have terminated some employees for not participating in these bizarre activities."

Dynamic Medical Services provides medical and chiropractic services.
- See more at: http://www.onenewsnow.com/legal-courts/2013/05/17/feds-sue-employer-for-job-related-scientology-requirements#sthash.X8ogA15U.dpuf


Title: Re: Lawsuits
Post by: Ididntcomeback on June 11, 2013, 07:46:41 AM
                                                Scientology Plaintiff Recasts Hubbard, Miscavige as Bond Villains


By Richard Horgan on June 10, 2013 9:30 AM
Five years after FishbowlLA first wrote about it, the legal crusade by Florida-based litigant Peter Letterese against the Church of Scientology continues. When Letterese recently reached out to us once more, he used an analogy that – regardless of the merits of his various complaints – lingered.

“In numerous places within his own writing, L. Ron Hubbard openly wrote about being a big Ian Fleming fan,” Letterese explained via email. “Every bit as dangerous as the Nazis, who used tanks, guns and ships to “conquer,” Hubbard, who didn’t have the financial resources for all that, created his own SPECTRE.”

In other words, Letterese is drawing a line from real-life USSR organization SMERSH and Fleming’s book-inspired version SPECTRE to the idea that Hubbard was the equivalent of Ernst Stavro Blofeld and David Miscavige, ostensibly, Ernst Blofeld Jr. The current leader of the Church of Scientology does not have a white Persian cat, but as Janet Reitman‘s 2011 book about the non-profit religion alleged, he has owned dogs that come pretty close:

Miscavige would arrive flanked by his wife and Lou Stuckenbrock, a retinue of aides and, often, his beagles. He had five dogs, two of which, Jelly and Safi, wore tiny blue sweaters with commander’s bars. Miscavige was known to make his staffers salute the dogs, who held ranks higher than those of many people on the base.

FishbowlLA is in no way, through this item, endorsing Letterese’s legal claims. But thanks to the recent correspondence, we’ll never look at the character of Blofeld quite the same way.

[Image of Donald Pleasance from You Only Live Twice courtesy 20th Century Fox Home Entertainment]

http://www.mediabistro.com/fishbowlla/james-bond-ian-fleming-spectre-scientology-ron-hubbard-david-miscagive_b89957


Title: Re: Lawsuits
Post by: Ididntcomeback on August 22, 2013, 09:51:04 PM
                                           In Texas lawsuit, judge orders Scientology and its leader to stop harassment

By Joe Childs and Thomas C. Tobin, Times Staff Writers

Wednesday, August 21, 2013

http://www.tampabay.com/news/scientology/in-texas-lawsuit-judge-orders-scientology-and-its-leader-to-stop-harassment/2137671



                      Wife Of Tom Cruise’s Former Scientology Auditor Sues The Church And Its Leader For Harassment
                                           

http://radaronline.com/exclusives/2013/08/wife-of-tom-cruises-former-scientology-auditor-sues-the-church-and-its-leader-for-harassment/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 06, 2013, 07:39:27 AM
                                         Woman Tells Scientology Boss to Knock It Off

                                                      Courthouse news Service.

NEW BRAUNFELS, Texas (CN) - Church of Scientology leader David Miscavige harassed and intimidated the wife of the church's former No. 2 official so badly he drove her from her South Texas home and into seclusion - where he found her again, the woman claims in court.
     Plaintiff Monique Rathbun, 41, claims the "notorious multi-billion dollar cult" worked around the clock for three years to destroy her after her husband, once Scientology's No. 2 man, spoke out against Miscavige.
     Rathbun sued Miscavige, Steven Gregory Sloat, Monty Drake, the Religious Technology Center and the Church of Scientology in Comal County Court.
     Comal County, north of San Antonio, is where Rathbun and her husband sought seclusion, which "was short-lived," she says in the lawsuit.
     Rathbun claims Miscavige targeted her through the church's Office of Special Affairs (OSA), which "employs a cadre of lawyers, investigators, public relations personnel, and shady operatives to destroy anyone identified as an attacker of Scientology."
     She claims it all started after her husband, Mark Rathbun, fled the church in 2004, after 27 years on the inside.
     In 2009 her husband spoke out "against Mr. Miscavige's criminal mistreatment of Scientology clergy," Rathbun says in the complaint.
     Since then she says: "She has been harassed, insulted, surveilled, photographed, videotaped, defamed, and humiliated to such a degree as to shock the conscience of any decent, law-abiding person. She has been subjected to numerous, aggressive attempts to intimidate her. Each and all of the defendants have participated enthusiastically in this abuse, without regard to Mrs. Rathbun's basic rights as a human being. She has been targeted at home, at work, and anywhere else that she happens to be."
     Rathbun says she has never been a member of the church and "did not join her husband in speaking out concerning Scientology issues."
     The couple met in 2005 and were married in 2010.
     "In no way was she an 'attacker' of Scientology," Rathbun says in the lawsuit. "Her only involvement was her marriage to a prominent former Scientologist.
     "Nevertheless, Mrs. Rathbun was intentionally targeted by OSA merely because of her relationship with Mr. Rathbun. Under Scientology's written policies and procedures, it is 'fair game' to threaten that which an enemy seeks to protect. To Scientology, Mr. Rathbun is an enemy, and his beloved wife is 'that which he seeks to protect.' Accordingly, OSA and its co-defendants have engaged in three years of ruthlessly aggressive misconduct against Mrs. Rathbun. This abusive campaign continues, unabated, today."
     Rathbun claims the abuse drove her husband from their home near Corpus Christi to a home near San Antonio, where the harassment continues.
     "They moved to a more secluded residence in Comal County in hope of obtaining the ordinary privacy and tranquility to which they are entitled. Unfortunately, their respite was short-lived. The defendants have resumed their activities against Mrs. Rathbun in Comal County," the complaint states.
     A judge granted Rathbun a temporary restraining order on Aug. 16, according to Texas news reports. A hearing has been scheduled for Sept. 12.
     Rathbun seeks actual and exemplary damages of more than $1 million for intentional infliction of emotional distress, invasion of privacy and tortious interference with contract.
     She is represented by Ray Jeffrey, with Jeffrey & Mitchell, of Bulverde, with assistance from The Wiegand Law Firm and Pulman, Capuccio, Pullen & Benson, both of San Antonio.

http://www.courthousenews.com/2013/09/05/60863.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on September 08, 2013, 07:10:50 AM
    Exposed: Explosive New Court Papers Allege How Scientology Leader David Miscavige Rules The Church With An Iron Fist — Read The Documents!

                                                       Radar online

The veil of secrecy surrounding Scientology is growing thinner by the day.

Shocking claims about private investigators, intimidation tactics and even lies under oath have emerged in new court documents, painting a picture of just how far church leader David Miscavige — the best pal of Tom Cruise – will supposedly go to keep control over the embattled institution.

This latest onslaught comes from an affidavit by former Scientologist Marty Rathbun, whose wife, Monique Rathbun, is suing Miscavige and several others for allegedly executing a detailed campaign of surveillance and harassment against her and her husband, as RadarOnline.com has previously reported.

When Miscavige responded to Monique’s lawsuit by saying he had no knowledge of the other defendants and had never conducted business in Texas, Rathbun, who served as Cruise’s personal auditor, felt compelled to respond with a lengthy affidavit revealing his version of the truth about Miscavige’s dealings.

READ THE COURT PAPERS HERE

“I served with Mr. Miscavige in Scientology’s Sea Organization for 27 years,” Rathbun explains in the documents.

“From 1982 to 2004, I answered directly to Mr. Miscavige … I was Mr. Miscavige’s second in command … In the history of Scientology, no other Church executive worked with Mr. Miscavige more closely, for a longer period of time, than I did.”

As for Miscavige, Rathbun says he has “unquestioned control of all of Scientology as its Sea Org Captain” since founder L. Ron Hubbard’s death in 1986.

One of Hubbard’s last directives to Miscavige, Rathbun claims, was to create “an intelligence, PR and legal network … that would protect Scientology’s spying and harassment operations by using buffer corporations and new levels of security.”

EXCLUSIVE PHOTOS: Life After Scientology — Church Leader’s Niece Jenna Miscavige Hill

He also asked him to “by any means necessary, end the multitude of criminal and civil threats pending against Hubbard and Scientology,” Rathbun alleges. “And create a new corporate structure that would allow the Sea Org to operate as it always had, but with legal buffers in place that would prevent future ‘enemies’ from getting to Hubbard or other top Sea Org officers.”

Rathbun says that Miscavige succeeded beyond anyone’s imagination.

“Under Hubbard’s and Miscavige’s close supervision, I … effectively [continued] to silence potential critics and defectors without exposing Hubbard, Miscavige or the Scientology organizations to legal liability.”

Many former Scientologists, including Rathbun himself, have accused the church of harassment, but the church continues to deny their involvement and Miscavige’s specifically.

PHOTOS: Hollywood Stars Who Are Scientologists

Rathbun claims that’s a lie.

Miscavige “ran the Scientology network as tightly as a naval captain runs a military vessel,” he states in court papers. “All the while we communicated to the world at large, including through our own false declarations, that Miscavige’s role was the same as that of any corporate board chairman.”

He claims, “I witnessed Miscavige’s control enforced without question from anyone … for the next 17 years. By the mid-1990s, Miscavige’s every utterance was ruthlessly enforced throughout all Scientology corporations. He regularly strode through Church of Scientology International’s California headquarters while barking verbal orders to anyone and everyone, from the janitors to managers responsible for Scientology management around the world.”

And in case they misheard him, Miscavige had employees follow him with tape recorders which were then handed to transcribers, Rathbun alleges. Those transcripts became memos and electronic alerts reminding employees to carry out Miscavige’s commands, he claims, and if they did not comply, they were punished.

EXCLUSIVE PHOTOS: Tom Cruise’s Tricked Out SUV Made By Scientology Church Members

Those outside of Miscavige’s control — Scientology defectors and critics – were the target of an entirely different surveillance program “carefully micromanaged” by Miscavige, Rathbun claims.

“Every evening I would receive an intelligence briefing in writing … summarizing reports from private investigators and Scientologists serving as undercover spies watching and interacting with Scientology critics,” Rathbun explains in the court papers.

Rathbun claims Miscavige then read the report and would instruct Rathbun to order “an operative or private investigator to find out something to do concerning the target of infiltration or investigation,” or sometimes just rant about the report’s subject.

Rathbun also claims he compiled his own morning briefings for Miscavige for 22 years detailing “media stories, investigations, legal cases, security breaches and potential security situations” having to do with the church, with the “highest priority” matters being those having to do with the Scientology commander himself.

PHOTOS:  John Travolta Celebrates 44th Anniversary of Scientology’s Hollywood Celebrity Centre

Journalists, lawyers, or anyone else contacting the church about Miscavige would speak to a representative fully briefed by Rathbun and would be monitored by him throughout their contact with the church, heCLAIMS.

Now, Rathbun claims, Miscavige is trying to exert the same control over his wife’s lawsuit — and making up lies in the process.

Miscavige has claimed that he does not know his fellow defendants, two private investigators. But Rathbun insists in court papers that Miscavige has both known of and actively used both men’s services in Texas since the 1990s. In particular, he alleges  they were used to investigate the family of Scientologist Lisa McPherson when she died under the church’s care.

Miscavige also told the court, “I have never availed myself of the privilege of conducting activities within the State of Texas … have not made any purposeful contacts with the State of Texas … and have not otherwise availed myself of the benefits and protection of Texas law.”

EXCLUSIVE PHOTOS: Travolta’s Local Scientology Center Vandalized

But Rathbun claims although Miscavige was on the base in California, he frequently directed surveillance campaigns in Texas and hired attorneys and private investigators there as well.

In all, Rathbun’s affidavit presents a never-before-seen picture of the extent of the figure’s power within the church.

Monique Rathbun’s case will have a temporary injunction hearing next Thursday.

http://radaronline.com/exclusives/2013/09/scientology-court-documents-david-miscavige-marty-rathbun/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 28, 2013, 11:24:06 PM
                                       Some Christians Are Siding with Scientologists in a Key Abuse Case


One issue: Does California law hurt non-Catholic churches? Another issue: The allegations are horrific.
Sarah Eekhoff Zylstra [ posted 9/27/2013

The Church of Scientology is asking the Supreme Court to let it use clergy-penitent privilege to keep secret more than 18,000 pages of documents on former member and employee Laura DeCrescenzo. It has picked up some unusual allies—the National Council of Churches (NCC) and the Rutherford Institute, a civil liberties organization.

DeCrescenzo is suing Scientology and alleging a number of abuses, including a forced abortion when she was 17. The California courts have ordered Scientology to turn over the records. Scientology has complied, but asked the Supreme Court to overturn the order, arguing that the conversations were protected by the state's clergy-penitent privilege.
In California, clergy may invoke the privilege even if the parishioner waives it. However, the privilege only stands if the conversation took place between one clergyperson and one parishioner. The courts ruled that since 259 Scientologists reviewed DeCrescenzo's documents, they're no longer confidential. And even though Scientology leaders have argued that all of the reviewers were clergy sworn to secrecy, that's still 258 too many, according to the California courts. If the case is allowed to stand, clergy in California will not be able to rely on the privilege if they share penitent conversations with other church leaders.
That makes the California rule a violation of the First Amendment, the NCC argued in a brief asking the Supreme Court to hear the case. Limiting the scope to a one-on-one conversation favors some religions over others.
Southern Baptist Ethics and Religious Liberty Commission president Russell Moore agrees that the rule favors Roman Catholic confessions, where a priest and a penitent meet privately. In many evangelical denominations, several clergy may hear an admission, or pastors may consult with one another on a congregant's confession.
"Often the law presumes a Roman Catholic understanding of confession in a way that I don't think adequately addresses the spiritual realities in American religious life," Moore said.

Though standing with Scientology if they are attempting to hide abuse is repugnant, standing up for the clergy-penitent privilege is crucial, said University of Pennsylvania Law School professor David Skeel.
"It strikes me as potentially really important, because it's a privilege that has a deep historical precedent and it's coming under enormous pressure, in part because of deeply disturbing behavior within a religious context, at a time when there is general anxiety about the status of religious freedom," he said.
Hard cases make bad law, Skeel says, and this one is particularly hard.
"It would be unfortunate if a hard case like this one made a law that seemed fair in this particular case, but undermined privilege and injected courts into conversations within churches," he said.

If the Supreme Court does decide California's one-on-one designation favors one religion, the next hurdle is defining who constitutes clergy. The court has already said it won't tell churches how to designate its leaders.
But courts do take into account different religious structures when they decide property lawsuits, Moore said. "The court has to determine, on the church's own terms, how the church is governed. I think the same thing comes into play here. The court needs to ask in this particular context, 'If the default picture is a priest with a penitent in a confessional booth, what is the equivalent in this ecclesiastical contest?'"

Though the Southern Baptists' ethics commission hasn't taken a side on the Scientology case, Moore said he isn't afraid to stand with strange allies against affronts to religious liberty.
"What's happening now is that with the secularization of American culture and a pluralizing American religious scene, there are so many new incursions upon religious liberty that very diverse coalitions are being formed," he said. "There is definitely going to be more of this. Religious liberty is going to be a pressing issue for the foreseeable future, and one thing we have to do as evangelicals is to stand for not only our own religious liberty, but religious liberty for everybody."
University of Saint Thomas law professor Thomas Berg agrees. "That is a genuine question: Should you weigh in on behalf of a group where you have serious problems with some of the group's actions? You have to be willing to do that in some cases."
But he thinks churches should also be willing—even eager—to acknowledge the troubling moral issues when taking a side in a case that involves allegations of abuse, forced abortion, and other heinous behavior.

"There are more costs to intervening in cases with heinous behavior. They're still only allegations, but yes, you have to acknowledge these things are alleged. It's important for moral and legal reasons, and for the public's perception of what you do, to make proper acknowledgement of what you agree with and what you're defending and not defending."

The NCC brief, which it filed with two Scientologists and the Queens (N.Y.) Federation of Churches, doesn't make any mention of the abuse allegations. Published reports said officials at the Episcopal Church, a member of the NCC, objected to the brief after learning about it. CT was unable to confirm those reports.
The Supreme Court, which accepts about 80 cases each year, will announce the list of petitions granted after its September 30 conference.

http://www.christianitytoday.com/ct/2013/september-web-only/some-christians-are-siding-with-scientologists-in-key-abuse.html


Title: Re: Lawsuits
Post by: Ididntcomeback on October 04, 2013, 01:32:44 AM
                                   Scientology seeks to remove opposing lawyers in case alleging its fundraising excesses

TAMPA — A lawsuit alleging the Church of Scientology used fraudulent fundraising practices to induce its members to donate millions of dollars is scheduled to get its first public airing in a Tampa court Thursday.

Former Scientologists Rocio and Luis Garcia, of Irvine, Calif., sued the church in January in Tampa federal court. But their suit advanced little in the following months as church lawyers filed multiple motions attempting to disarm it.

The church also sought to delay Thursday's hearing, saying the other side had not produced certain documents, as directed. U.S. District Judge James D. Whittemore rejected that request Wednesday....

http://www.tampabay.com/news/scientology/scientology-seeks-to-remove-opposing-lawyers-in-case-alleging-its/2145198


Title: Re: Lawsuits
Post by: Ididntcomeback on October 05, 2013, 12:35:15 AM
                                               Judges in two cases reject Scientology efforts to disqualify opposing lawyers

TAMPA — Judges in two states have rejected the Church of Scientology's attempts to undercut lawsuits that allege activities ranging from fraud to spying.

In both cases, the church attempted a rarely used legal strategy: Try to get the other side's lawyers disqualified.

But in federal court in Tampa and state court in Texas this week, the answer was no....

http://www.tampabay.com/news/scientology/scientology-seeks-to-remove-opposing-lawyers-in-case-alleging-its/2145198


Title: Re: Lawsuits
Post by: Ididntcomeback on October 06, 2013, 08:06:51 PM
                                                                   Cases shine a light into Scientology

                                                                      Tampa Bay Times

The judges in two separate lawsuits against the Church of Scientology have made the right call to keep the focus on the church's behavior and reject its efforts to sidetrack the cases. The church should address the accusations of misconduct directly rather than delay and obfuscate by trying to force its accusers to change lawyers.

Judges in Tampa and Texas this week....

http://www.tampabay.com/opinion/editorials/editorial-cases-shine-a-light-into-scientology/2145497


Title: Re: Lawsuits
Post by: Ididntcomeback on October 07, 2013, 04:21:03 PM
                                                    Scientology faces Squirrel Buster Bert Leahy lawsuit declaration

October 6, 2013
A few minutes ago, Bert Leahy spoke to Examiner, David Love, about how he’s feeling today and what his opinion is about the eventual outcome of the Monique Rathbun lawsuit against Scientology.

Leahy said: "I don’t know David if this case will ever get to trial stage, but for me and my family, it will give us some closure. But for many others I’ve met, I don’t know if they will ever have closure – they will probably never be the same person they were before being abused by Scientology.”

Now people are lining up, including actress, Leahy Remini, to help the truth be revealed, and give evidence in the Monique Rathbun harassment lawsuit against Scientology.

Bert Leahy may seem like a small fish in Scientology’s frying pan of legal battles right now; especially considering Leahy Remini, Tommy Davis, Marty Rathbun, and others being served to appear and swearing statements, but Leahy does has important evidence to bolster the case.

Former Scientology mouthpiece, Tommy Davis, was served a subpoena recently in the Rathbun case and may be deposed this month sometime.

Actress Leah Remini has agreed to give a deposition in Monique Rathbun’s harassment lawsuit against the Church of Scientology, perhaps by mid-October 2013.

After spending 2 weeks on the road with Bert Leahy, filming a new documentary “Scientology Cult of Confusion”, I was amazed and intrigued about what Leahy discovered and endured when the cult hired him to film and harass Marty Rathbun and his wife, Monique Rathbun. I was perplexed how such intentional intimidation and harassment could take place on American soil without the gun-packing lawmen stepping in or arresting the Scientology thugs.

In most cases of covert or overt operations done by Scientology’s Office of Special Affairs (OSA), they use their own personal or hire trusted law firms to hire arms-length private investigators to do their dirty work. But Leahy was never a Scientologist, knew nothing about the cult. He was simply adorned with a tee-shirt with an image of Marty Rathbun with ‘Squirrel Busters’ as the logo, and told to keep his camera running.

After only 3-4 days, Leahy could tell something was not right – he felt misled about the intentions of Scientology’s ‘Squirrel Buster’s’ squad of characters. Although the offer of $2,000 cash per week was enticing, and much needed income for a budding videographer at the time, Leahy quit and went home.

Now, in the Texas, Coma County District Court, Bert Leahy has a declaration filed, stating, in part:

“In June 1, 2011, I was contacted by a man to provide videography services for what he described as a “reality TV” program that he was producing about Marty Rathbun, a former Scientologist and his wife, Monique Rathbun.

I later learned that David “Stotter’s” real name was David Lubow.”

The Rathbun’s endured nearly 200 days of non-stop intimidation and harassment, but for the 3-4 short days Bert Leahy was on the ‘Squirrel Buster’ crew, his testimony, will indeed, help paint a scathing picture for any judge and jury of a desperate cult that behaves to this very day, the same as it always has and most likely will.

What other judges have stated in court:

“The organization clearly is schizophrenic and paranoid, and this bizarre combination seems to be a reflection of its founder, L. Ron Hubbard." -- Judge Breckenridge, Los Angeles Superior Court

(...)

"Scientology is both immoral and socially obnoxious...

It is corrupt sinister and dangerous. It is corrupt because it is based on lies and deceit and has its real objective money and power for Mr. Hubbard... It is sinister because it indulges in infamous practices both to its adherents who do not toe the line unquestionably and to those who criticize it or oppose it. It is dangerous because it is out to capture people and to indoctrinate and brainwash them so they become the unquestioning captives and tools of the cult, withdrawn from ordinary thought, living, and relationships with others."

-- Justice Latey, ruling in the High Court of London

David Edgar Love

http://www.examiner.com/article/scientology-faces-squirrel-buster-bert-leahy-lawsuit-declaration


Title: Re: Lawsuits
Post by: Ididntcomeback on October 09, 2013, 01:12:16 AM
                                                                Scientology + Narconon Court Dates: 2013 & 2014
Calendar updated/current as of: October 8, 2013

Important dates in 2013 & 2014 for court cases/legal proceedings related to Scientology/Co$ & Narconon.
(Red = other scio-related info.)
---------------------------------------------------------------------------------------------------------


October 8 -- Texas - Hearing re: Motion to Quash Tommy Davis/Leah Remini Subpoenas in Rathbun v Miscavige/RTC harassment lawsuit. See: http://tonyortega.org/2013/10/04/wor...li/#more-10680

October 8 -- Las Vegas -- Pre-trial hearing/arraignment for Devon Campbell Newman re: Conspiracy to Commit Kidnapping felony charge. See: http://www.forum.exscn.net/showthrea...l=1#post837178

October 9 -- Chicago - Judge will consider if Scientology/Co$ building code violations merit a $2k per day fine. (See: http://www.forum.exscn.net/showthrea...l=1#post731233
)
October 14 -- TV - DWTS featuring Leah Remini -- 8:00 p.m.

October 14 -- Texas - Deposition scheduled for Tommy Davis in Austin re: Rathbun v Scientology/RTC harassment lawsuit. See: http://tonyortega.org/2013/10/02/lea...it/#more-10621

October 15 -- California - Deposition scheduled for Leah Remini in Los Angeles re: Rathbun v Scientology/RTC harassment lawsuit. See: http://tonyortega.org/2013/10/02/lea...it/#more-10621

October 16 -- France, EU - The High Court/Court of Cassation expected to rule whether to uphold multiple criminal counts of fraud committed by Co$/scientology. See: http://www.forum.exscn.net/showthrea...l=1#post841685 and http://www.forum.exscn.net/showthrea...l=1#post857369

October 18 -- Texas - Preliminary Hearing (continued) Rathbun v. Scientology/RTC harassment lawsuit. See: http://tonyortega.org/
 
October 21 -- TV - DWTS featuring Leah Remini -- 8:00 p.m.

October 23 -- California - Hearing/Summary Judgment Motion - DeCrescenzo v. Scientology. See: http://tonyortega.org/2013/10/07/sup...rtion-lawsuit/ and http://www.forum.exscn.net/showthrea...l=1#post802485

November 8 or 9 -- Florida - Co$/scientology's Annual IAS Gala scheduled 'Tent Event'. See: http://tonyortega.org/2013/10/01/lea...rs/#more-10552

December 4 -- TV - Kirstie Alley sitcom premiere date for "Kirstie" on TVLand channel. Whatevs.

January 2014 -- Michigan - Trial - Teague v Narconon. See: http://narcononreviews.net/narconon/...ews-roundup-3/

************************************************** *******************************************

Not calendared yet, but we're watching...

Belgium, EU - Belgian prosecutors continue their long-running investigation of Co$ as a criminal organization. No longer delayed by Co$ failed appeal to ECHR. See: http://tonyortega.org/2012/12/28/bel...-organization/ and http://www.forum.exscn.net/showthrea...l=1#post760763

Pittsburg County, OK -- Awaiting official criminal investigation report(s) re: the deaths of Narconon* Arrowhead clients from Sheriff Joel Kerns. See: http://www.forum.exscn.net/showthrea...l=1#post808210

Florida, US -- 'Super Power' Building to open in Clearwater. (Failed to open October 6, 2013. )


Links here...

http://www.forum.exscn.net/showthread.php?33154-Scientology-Narconon-Court-Dates-2013-amp-2014/page2


Title: Re: Lawsuits
Post by: Ididntcomeback on December 06, 2013, 07:16:08 AM
                                            Ex-Scientologist sues the cult for loss of girlfriend and business   

                                                            FROM 2009. Still new to me.

A former member threatens to disclose the inner workings of the organisation to which he was 'persuaded to give substantial sums'

By Adam Luck

Sunday, 22 November 2009


A businessman is suing the Church of Scientology for hundreds of thousands of pounds, claiming that he lost his girlfriend and business after she became indoctrinated by the controversial self-styled church.

David Craig, who at one time joined the Scientologists, claims that he was persuaded to pay out more than £170,000 to the "spiritual cult" after his partner, Irina Glaser, was recruited by Scientologists. When, however, Mr Craig threatened to fight for custody of their infant son, he claims that Scientologists told him he would be expelled if he did not use their own judicial system to determine the case. The Scientologists did not wish to use what they referred to as "wog courts" (a derogatory term for the mainstream legal system), according to court documents seen by The Independent on Sunday.

http://www.independent.co.uk/news/uk/home-news/exscientologist-sues-the-cult-for-loss-of-girlfriend-and-business-1825557.html


Title: Re: Lawsuits
Post by: Ididntcomeback on December 06, 2013, 04:00:12 PM
                                  Re: Scientology's Devon Campbell Newman - Criminal Trial Required, Per the Judge

The Preliminary Hearing just finished and the Judge in Las Vegas has ruled enough evidence exists to conduct a trial for Devon Campbell Newman and David Brutsche. The next proceeding for Ms. Newman to appear is scheduled to take place on October 8, 2013.

Link to article the Las Vegas Sun's here: http://www.lasvegassun.com/news/2013/sep/26/after-officers-testimony-judge-rules-sovereign-cit/

Detective Majewski, who worked undercover in this months-long investigation, described a key exchange that allegedly took place just before the defendants were arrested. I've bolded it below.

Excerpt:
Officers met with defendants at a warehouse — which Metro had secured earlier so the group could lead Sovereignty classes — and told the defendants they didn’t want to wait any longer to act on the plan.

The officers gave the defendants the option to back out. Brutsche said he wanted more time, but he came around when Newman said she was on board, Majewski testified.

After both defendants agreed to act on the plan and were leaving the warehouse, SWAT arrested them, Majewski testified.
JB


Title: Re: Lawsuits
Post by: Ididntcomeback on December 10, 2013, 06:46:03 AM
     Tom Cruise Scientology ‘Labor’ Scandal: Ex-Church Members Allege That They Were Ordered To Work For The Star In New Court Files


The besieged Church of Scientology is facing yet another explosive assault as former members of the organization make new allegations about the church’s most famous enthusiast, Tom Cruise.

According to affidavits recently filed by fifteen ex-Scientologists, church members allege that Cruise has profited for years from a system under which parishioners have been ordered to complete projects for the superstar. From home renovations to auto repair and personal assistant tasks, these Scientologists claim in court papers that they were told to do any number of things to keep the Church’s most prominent member happy.

The affidavits were filed on December 3 as part of Monique Rathbun‘s lawsuit against the church and its leader, David Miscavige.

READ: Former Scientologists Tell All In New Court Docs

Rathbun, the wife of former high-level Scientologist Marty Rathbun, claims in the lawsuit that she and her husband have been the targets of a systematic campaign of harassment and surveillance orchestrated by Miscavige. The former Scientologists’ affidavits were filed as intended support for her claim that Miscavige oversees every aspect of the church and its dealings. And one of his central aims, members of the group allege, has been treating Cruise like a star pupil.

John Brousseau, a former Sea Org member, has spoken out before about how he allegedly completed hundreds of hours of free work for Cruise. Now, he’s opening up even more about his disturbing claims.

“In or around 2004, I was directed by Miscavige … on several occasions to do specific projects relating to Tom Cruise,” the affidavit, first published by former Village Voice columnist Tony Ortega alleges.


Among those tasks were “a complete renovation of his home in Beverly Hills,” he claims, as well as “a similar but smaller-scale overhaul” at his home in Telluride, Colorado.

The next year, Brousseau alleges, “I was enlisted … to oversee the construction of a large custom motorhome for Mr. Cruise over a 5 month period.” And the year after that, he says “I was also enlisted … at the direction of Miscavige to assist in the customization and construction of a special limousine for Tom Cruise.”

On each of those projects, Brousseau has claimed, he was paid approximately $1 per hour. Marty Rathbun, another former Scientologist, reportedly corroborated his claims previously.

The Church of Scientology and Cruise have both denied Brousseau’s statements, saying he only “consulted” on the projects.

PHOTOS: The War Against Tom Cruise, John Travolta & Kirstie Alley’s Controversial Religion Explained In 17 Clicks!

But Brousseau is not alone in his allegations: Another former high-ranking Scientologist, Amy Scobee, claims in her affidavit to have been ordered to complete other, entirely different tasks for Cruise.

“Miscavige’s assistant directed me on a project to locate Scientologists for Tom Cruise’s household to cover the positions of nanny, cook, and maid,” she alleges in the court documents. “I was required to find Scientologists who could be counted upon to service Tom Cruise while remaining more loyal to the church.”

Reportedly, Scobee has previously claimed that those same employees were then directed to report their observations of Cruise and his family back to Miscavige and the church.

And Cruise wasn’t the only one who allegedly benefitted from Scientology’s work force. Scobee alleges that Miscavige also ordered her to “obtain a Lincoln town car for the president of another corporation, Celebrity Center International. He ordered that it be a match with another town car he purchased for the President’s Office of yet another [Scientology] corporation … in Florida.”

Those who did not follow Miscavige’s orders were often subjected to brutal punishment in Scientology “gulags,” the court documents allege, such as being held in bamboo cages, being forced to hand-scrub sewage treatment systems, or being splashed with icy cold water, say the court papers.

http://radaronline.com/exclusives/2013/12/tom-cruise-scientology-labor-scandal-ex-church-members-allege-that-they-were-ordered-to-work-for-the-star-in-new-court-files/


Title: Re: Lawsuits
Post by: Ididntcomeback on March 08, 2014, 06:39:14 AM
                              Re: DeCrescenzo v Scientology -- forced-abortion lawsuit updates - Docket March 2014


A visit to the online court docket for this case has me quite puzzled and I hope people here can help to clear away some confusion.

Here's exactly what the (2014-only) docket says:

2/20/2014 -- Notice of Reassignment and Order
Filed by Clerk

2/26/2014 -- Notice (OF CASE REASSIGNMENT)
Filed by Attorney for Plaintiff/Petitioner

3/4/2014 -- Affidavit of Prejudice--Peremptory
Filed by Attorney for Defendant/Respondent



Taken together, does this mean that the Court Clerk notified the attorneys that the case was being formally reassigned (to another judge) and, once notified, the attorneys for one of the defendants filed an affidavit to have the new judge disqualified?

Does anyone here have access to the reassignment Order and/or the Affidavit of Prejudice?

A quick online search shows that an Affidavit of Prejudice - Peremptory, per California civil procedures rule 170.6*, permits a party who timely files to disqualify a judge without any showing of cause.
(It appears each side gets one shot at filing this type of affidavit during the course of a lawsuit.)

This case was filed in April 2009.
It's been Appealed a few times -- once to the US Supreme Court -- and was finally on-track for trial.
Judge Ronald Sohigian has been assigned to this case for years.

I don't know how frequently judges are reassigned on California cases, but as a practical matter, the idea that a new judge has to get up to speed on this case is troublesome.

At present, the trial date is set for February 2015.
With a new judge assigned, that date might well change.

JB Writer

http://www.forum.exscn.net/showthread.php?30969-Laura-DeCrescenzo-forced-abortion-lawsuit-updates/page4


Title: Re: Lawsuits
Post by: Ididntcomeback on March 20, 2014, 06:55:58 PM
                                                             THE "REAL BACK STORY"


                                                        "WHO" is really behind this tragedy?
 
Michelle Seward , CEO and owner of Protégé Financial & Ins Services and Saxe Coburg Insurance did something that is unheard of in Hollywood and in the financial world, she has committed to pay for her clients’ losses because she feels it is the right thing to do.

August 1, 2013 an $8.75 million Seward Recovery Settlement Trust was created by Seward. An assignment of all the business assets of Protégé Financial and Saxe Coburg, the majority of Seward's large personal assets and also 35% of her future earnings were transferred to the trust. A trustee, retired Judge, has been assigned to liquidate the assets and distribute funds to the creditors, which the trustee is currently in the process of liquidating the assets.

Seward has had to stay quiet for quite some time, due to existing litigation and fear of retaliation from the Church of Scientology.

....

http://www.michelleseward.org/


Title: Re: Lawsuits
Post by: Ididntcomeback on May 21, 2014, 12:18:26 AM
                                         Scientology foe gets little comfort from federal judge

By Charlie Frago and Joe Childs, Times Staff Writers
Monday, May 19, 2014

http://www.tampabay.com/news/scientology/scientology-foe-gets-little-comfort-from-federal-judge/2180531


Title: Re: Lawsuits
Post by: Ididntcomeback on June 05, 2014, 05:24:43 PM
                                        Lawyer Clobbered on Verdict for Scientology              4th June 2014

 TAMPA, Fla. (CN) - A federal judge refused to enjoin the $1 million judgment against an attorney who sued the Church of Scientology despite a settlement agreement.
     Florida attorney Kennan Dandar had sued the Church of Scientology Flag Service Organization in state court 17 years ago on behalf of the estate of Lisa McPherson. The lawsuit sought damages for the 1995 death of McPherson, a member of the Church of Scientology, while under the care of the Flag Service Organization.
     McPherson, 36, died of a pulmonary embolism in Clearwater, Fla. A medical examiner first ruled her death a negligent homicide, but later changed the cause of death from "undetermined" to an accident. Criminal charges against Scientology were dropped, but McPherson's family pursued civil claims against the church.
     After alleging that Scientology's attorneys had used their political connections to influence the outcome of the proceedings in state court, Dandar agreed to a 2004 settlement that dismissed the McPherson lawsuit and barred him from pursuing any other claims against Scientology.
     When Dandar filed another wrongful death lawsuit against the organization in 2009, this time in federal court, Scientology sought to enforce the settlement agreement against him. A Pinellas County judge ordered Dandar to withdraw from the new wrongful death lawsuit, and a state appellate court affirmed his decision.
     Dandar failed to withdraw from the action, however, prompting the state court to hold him in civil contempt and order him to pay Scientology damages.
     The federal court presiding over the new wrongful-death lawsuit enjoined the state-court proceedings, but the 11th Circuit reversed and vacated that injunction in July 2011. A few months later, Dandar withdrew from the wrongful-death action.
     The state court meanwhile ruled that Scientology was entitled to all reasonable fees and costs incurred since Dandar's filing of the federal lawsuit.
     Dandar then sued Scientology and Johnson Pope Bokor Ruppel & Burns, the law firm representing it in state court, in October 2012. He sought to block a hearing on the sanctions Scientology won, as well as any future hearings, and he alleged that Scientology had acted under color of state law in imposing "a practice restriction" that prevented him from representing his client.
     After Dandar was denied a preliminary injunction, he filed an amended complaint alleging a conspiracy between the private defendants and certain state actors. The court once again refused to enjoin the state-court proceedings, finding Dandar's allegations "conclusory" and "vague."
     U.S. District Judge Virginia Hernandez Covington dismissed claims for declaratory and injunctive relief in Dandar's second amended complaint last year, finding that federal courts could not interfere with state-court proceedings where the state court had not yet entered a final judgment. Noting that the court did not necessarily lack jurisdiction over Dandar's civil rights claims, however, the judge stayed those claims pending the resolution of the state-court action.
     Amid Dandar's appeal of the order, the U.S. Supreme Court issued its ruling in Sprint Communications Inc. v. Jacobs , a case involving parallel proceedings in state and federal court. It said that federal courts may have jurisdiction over claims involving state-court proceedings that do not fall under certain exceptions. The 11th Circuit then remanded Covington's order, asking her to reconsider the abstention decision, but affirmed the court's denial of leave to amend Dandar's complaint.
     In the reopened federal case, Dandar argued that the court had jurisdiction over his claims because a private party, Church of Scientology, had initiated the state court action. He also pointed out that the state court had since entered a final judgment against him in excess of $1 million.
     But Covington ruled last week that Scientology's state court action was a civil proceeding involving "orders uniquely in furtherance of the state court's ability to perform its judicial functions," which warranted abstention under principles of federalism.
     Interfering with a state court's ability to impose sanctions and fees for a party's failure to comply with court-ordered mediation agreements is an exceptional circumstance that bars federal courts from interfering, the May 28 order states.
     Given Dandar's attempt to enjoin the execution of the March 2014 final judgment, the state matter remains pending despite the entry of that judgment, Covington found.
     The state court's sanctions order "undoubtedly implicates the state's important interests in administering certain aspects of its judicial system, and that a federal injunction in this case would not only 'interfere with the execution of [a] state judgment [ ], but [it] would do so on grounds that challenge the very process by which th[at] judgment [ ] [was] obtained,'" according to the May 28 ruling (brackets in origingal).
     What's more, the judge noted, Dandar wasted the opportunity to raise his constitutional challenges in state court.
     Dandar had also failed to allege extraordinary circumstances, such as bad faith, that would warrant federal intervention in state court proceedings, according to the ruling.
     The court once again stayed Dandar's claim for damages under Section 1983 pending the resolution of the state-court action, noting that federal courts have a duty to assume jurisdiction where it properly exists.
     Dandar and representatives for Johnson Pope did not respond to requests for comment.

http://www.courthousenews.com/2014/06/04/68449.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on June 08, 2014, 05:52:31 AM
                                            Lawsuit updates as of 7th June 2014     From Tohy Ortega`s blog.




The National Association of Forensic Counselors federal lawsuit against Scientology and Narconon: The NAFC named 82 defendants in this whopper lawsuit, which accuses Scientology and Narconon of conspiring to misuse the NAFC’s drug counseling certifications to make Narconon appear more legitimate than it is. We’ve now learned by looking at the lawsuit’s docket that it has been assigned to Federal District Court Judge Ronald A. White in Muskogee, Oklahoma, a George W. Bush appointee in 2003. The docket also reflects that three attorneys have made appearences for Narconon of Oklahoma: M. David Riggs, William Gregory James, and Donald M. Bingham, all of the Tulsa firm Riggs Abney. Additionally, numerous defendants have already been served the lawsuit, but Scientology leader David Miscavige is not yet among them. We’re very interested to see what kind of answer Riggs, James, and Bingham file.


Monique Rathbun’s Texas harassment lawsuit: Any day now, we’re expecting the Texas Third Court of Appeals to decide whether Comal County Judge Dib Waldrip abused his discretion when he found that Monique could depose David Miscavige for a jurisdictional issue. After that’s decided, the same panel will consider Scientology’s anti-SLAPP motion, which Waldrip denied. Until those appeals are decided, the case is shut down in Waldrip’s court.

Luis and Rocio Garcia’s federal fraud lawsuit in Tampa: Any day now, we’re expecting District Court Judge James A. Whittemore to rule on Scientology’s motion to force the Garcias into arbitration and dismiss their lawsuit. After the Garcias survived a motion to disqualify their attorneys and after a difficult jurisdiction battle, we’d be surprised if they didn’t also survive the arbitration motion. A lawsuit filed by attorney Vance Woodward in Los Angeles Superior Court is also facing a similar motion to force the case into arbitration — we’re waiting to see Vance’s answer to that.

Laura DeCrescenzo’s forced abortion lawsuit: Laura survived a major challenge in October in this 5-year lawsuit, and a trial was finally scheduled for early in 2015. But then Los Angeles Superior Court Judge Ronald Sohigian retired, and both sides exercised objections to judges who were selected to replace him. In the meantime, Scientology has filed numerous motions — calling for Laura to turn over an old computer, for example — which seem like fishing expeditions. Expect more hurdles from Scientology, but that 2015 trial date looms large.

Narconon lawsuits in Oklahoma: Former prosecutor Gary Richardson has been busy taking depositions in the numerous lawsuits he’s handling for the families of three patients who died at Scientology’s flagship rehab facility. But there’s still no word on county and state criminal investigations into the deaths more than two years after they happened. Also, we’re waiting to learn more about the firing of a state official whose attorney says her dismissal was related to the investigation of Narconon.

 http://tonyortega.org/2014/06/07/ryan-hamilton-makes-it-an-even-dozen-federal-fraud-lawsuits-against-scientologys-rehab-network/


Title: Re: Lawsuits
Post by: Ididntcomeback on June 19, 2014, 09:16:46 AM
                                                 Update 18th June 2014   from Tony Ortega`s blog.

The NAFC certification lawsuit. Here comes a familiar strategy. Recently, the National Association of Forensic Counselors filed a whopper of a lawsuit — naming 82 defendants, including Scientology’s leader, David Miscavige — alleging that Scientology had conspired with its drug rehab network, Narconon, to misuse the NAFC’s logos and certifications in order to make Narconon seem more legitimate than it is. We’ve been interested in learning how Scientology is going to react to the suit, and we’re getting some early indications. Previously, we told you that a prominent Tulsa firm had taken on representing Scientology’s flagship rehab facility in Oklahoma, Narconon Arrowhead. But the NAFC lawsuit, though filed in federal court in Oklahoma, names defendants in several other states. Now, we’ve noticed that numerous defendants are filing “special appearances.” We’re familiar with that term from Monique Rathbun’s lawsuit — it indicates that a substantial number of defendants are going to challenge the Oklahoma lawsuit’s jurisdiction over them.

So far, we haven’t learned yet if David Miscavige is going to file a special appearance, as he did in Texas in the Rathbun lawsuit. Also, other defendants are asking for extra time to respond to the NAFC lawsuit, which they have been granted automatically. This one is going to be very interesting.

 
Ryan Hamilton’s Narconon lawsuits. In some of the 13 federal lawsuits Las Vegas attorney Ryan Hamilton has filed against Scientology’s rehab facilities in California, Nevada, and Colorado, attorneys have filed for extensions to give them more time to answer. But we do now have an answer from Narconon in one of the lawsuits. It has a bit of a “bring it on” brashness to it, which we find entertaining. Give it a look.

 
Another appeal brief in Monique Rathbun’s lawsuit. While we await the decision from the Texas Third Court of Appeals regarding Monique Rathbun’s right to depose Scientology leader David Miscavige in a jurisdictional preliminary matter, Scientology is pressing ahead with its appeal of Comal County Judge Dib Waldrip’s denial of its anti-SLAPP motion. We’ve already posted appeal briefs from the Church of Scientology and also defendants Dave Lubow (a Scientology private eye) and Monty Drake (a Texas PI hired by the church). Another defendant — Steven Gregory Sloat, a really unusual character — has filed his own appeal brief, and we thought you might want to see it.

http://tonyortega.org/2014/06/18/scientology-fires-legal-salvoes-at-the-garcias-and-vance-woodward-fires-back/


Title: Re: Lawsuits
Post by: Ididntcomeback on July 25, 2014, 07:43:59 AM
                                        Scientologists accused of brainwashing French company’s employees

French prosecutors are investigating the Church of Scientology for alleged harassment of the employees of a company whose boss had joined the organisation. The workers claim that Scientologist trainers tried to brainwash them and embezzled up to two millions euros from the firm...

http://www.english.rfi.fr/americas/20140724-scientologists-accused-brainwashing-french-company-s-employees


Title: Re: Lawsuits
Post by: Ididntcomeback on August 02, 2014, 02:07:16 AM
                                   Scientology Celebrity Truth and Lies with Tony Ortega

Here is Tony Ortega being interviewed about some of the major lawsuits against the Labyrinth of Scientology entitiies
that were set up to confuse and discourage any scientology victims from seeking redress through the courts.

This video is also on Tony Ortegas blog for the date 1st August 2014.

https://www.youtube.com/watch?v=Hng2ts2g6wA#t=1987



Title: Re: Lawsuits
Post by: Ididntcomeback on August 15, 2014, 07:25:04 AM
                              Laura Ann DeCrescenzo, Ex-OC Scientologist, Gets Judge Removed in Coerced-Abortion Suit

A woman who began doing volunteer work for the Church of Scientology in Orange County when she was age 6 or 7 got a judge removed Wednesday in her lawsuit against the institution that she alleges coerced her into having an abortion when she was 17.

The lawsuit first filed by Laura Ann DeCrescenzo in 2009 alleges the Church of Scientology engaged in human trafficking, obstructing justice, employment violations, discrimination and violation of privacy. It's being heard in the same Los Angeles Superior Court civil courthouse that DeCrescenzo claims to have picketed at age 7 with other church members out to prove the institution would "go to every length to bring down people who filed lawsuits" against the Church of Scientology. That's right, Marty McFly, she essentially protested against her future self...

the rest here...

http://blogs.ocweekly.com/navelgazing/2014/08/laura_ann_decrescenzo_scientology_sea_org.php/RK=0/RS=8ztUMW_uJcvhbZ.g1v53qUOjLaM-


Title: Re: Lawsuits
Post by: Ididntcomeback on October 02, 2014, 10:27:19 AM
                              Man who left Portland Church of Scientology sues for $30,000 allegedly pre-paid for religious training

A man who says he no longer wanted to be a member of the Church of Scientology of Portland -- then asked for $30,340 that he had on the church books -- is suing to get his money back.

Robert Dietz’s lawsuit, filed this week in Multnomah County Circuit Court, states that in 2013 he “decided to cease membership in the Church for personal reasons which are not germane to this suit.”.............

http://www.oregonlive.com/portland/index.ssf/2014/10/man_who_left_portland_church_o.html



                                      A $92,000 Scientology Come-on, Woman Says

SAN FRANCISCO (CN) - A "business coach" defrauded a woman of $92,000 for what turned out to be a Scientology recruitment scheme, she claims in court.
     Victoria Comfort sued Justin T. Foxx aka Justin Gorenko and a handful of his companies, including JT Foxx Organization and World Success Company, on Monday in Federal Court. She seeks restitution and punitive damages for fraud, breach of contract, false advertising, conversion, unfair business practices and other charges............

http://www.courthousenews.com/2014/10/01/71979.htm


Title: Re: Lawsuits
Post by: Ididntcomeback on October 14, 2014, 06:27:31 AM
                         Ex-Scientology couple to sue over 'Faustian deal'                        South Africa

Nomahlubi Jordaan | 13 October, 2014               


 http://www.timeslive.co.za/thetimes/2014/10/13/ex-scientology-couple-to-sue-over-faustian-deal


Title: Re: Lawsuits
Post by: Ididntcomeback on November 16, 2014, 07:06:21 AM
                          Judge calls for February mini-trial in Garcia case, and we have text of the Lemberger lawsuit

Posted 15 November 2014

http://tonyortega.org/2014/11/15/judge-calls-for-february-mini-trial-in-garcia-case-and-we-have-text-of-the-lemberger-lawsuit/


also posted on Tony Ortega 2014


Title: Re: Lawsuits
Post by: Ididntcomeback on December 03, 2014, 06:50:41 AM
                                Another Riffer-ific salvo from Scientology leader David Miscavige in our legal roundup


Posted 02 December 2014                                   Also posted in ... "Tony Ortega 2014" thread.

http://tonyortega.org/2014/12/02/another-riffer-ific-salvo-from-scientology-leader-david-miscavige-in-our-legal-roundup/


Title: Re: Lawsuits
Post by: Ididntcomeback on December 21, 2014, 07:13:00 PM
                                                   Narconon ‘Secret Service’ directors named in Montreal lawsuit

                                                        Article by David Love.

http://www.wireservice.ca/index.php?module=News&func=display&sid=14040


Title: Re: Lawsuits
Post by: Ididntcomeback on April 15, 2015, 11:43:32 PM
                        Babbitt & Johnson and Weil Quaranta Law Firms Challenge Scientology’s Religious Status in Federal Court


April 14, 2015 11:04 AM Eastern Daylight Time
TAMPA, Fla.--(BUSINESS WIRE)--Babbitt & Johnson, P.A., and Weil Quaranta, P.A., are challenging The Church of Scientology’s status as a “religion” in a new motion filed in U.S. District Court in Tampa. The law firms are representing two former California Scientologists who contend that the group knowingly defrauded them.

http://www.businesswire.com/news/home/20150414006341/en/Babbitt-Johnson-Weil-Quaranta-Law-Firms-Challenge#.VS5OjCuUcpU



Title: Re: Lawsuits
Post by: Ididntcomeback on May 08, 2015, 12:53:51 PM
                     Unhappy Customers! Former Scientologists File Federal Lawsuit To Get Back $300K Paid To The Church

More trouble for the Church of Scientology! On the heels of HBO’s explosive documentary, RadarOnline.com has learned that the beleaguered organization has been hit by a federal lawsuit from former members....

http://radaronline.com/celebrity-news/church-scientology-lawsuit/


Title: Re: Lawsuits
Post by: Ididntcomeback on May 29, 2015, 08:03:26 AM
                                 Judge allows psychiatric evaluation for ex-Scientologist suing church

A judge Thursday issued a tentative ruling allowing a psychiatrist picked by the defense to evaluate a former Church of Scientology member who is suing the institution, alleging she was coerced to have an abortion at age 17.

Laura Ann DeCrescenzo also claims that, as a child, she was forced work long hours for the church’s elite Sea Org, which acts as an administrative unit......

http://mynewsla.com/crime/2015/05/28/judge-allows-psychiatric-evaluation-for-ex-scientologist-suing-church/


Title: Re: Lawsuits
Post by: Ididntcomeback on July 22, 2015, 03:53:00 AM
                                                              Scn litigation info resource

Address by Lawrence Wollersheim

https://www.youtube.com/watch?v=abaJmEUgEe0


What Is A Cult and How Does It Work? (Margaret Singer)

https://www.youtube.com/watch?v=8bRBFhMEQFk



Title: Re: Lawsuits
Post by: Ididntcomeback on September 22, 2015, 08:29:52 PM
                                       EEOC Sues Dynamic Medical Services, A WISE Company, for Religious Discrimination -
                                       

 Chiropractic Co. Forced Scientology On Workers, EEOC Says


The U.S. Equal Employment Opportunity Commission launched a suit in Florida federal court Wednesday alleging chiropractic medical practice Dynamic Medical Services Inc. forced its employees to practice Scientology and wrongfully fired at least two employees who complained about it.

The EEOC contends Dynamic, which has two clinics in South Florida, required its employees to take daily courses during which they participated in hours-long Scientology religious exercises or studied the writings of Church of Scientology International founder L. Ron Hubbard ...


http://www.law360.com/articles/440013/chiropractic-co-forced-scientology-on-workers-eeoc-says

http://www.forum.exscn.net/showthread.php?31685-EEOC-Sues-Dynamic-Medical-Services-A-WISE-Company-for-Religious-Discrimination



                                PRESS RELEASE
5-9-13

EEOC Sues Dynamic Medical Services for Religious Discrimination

Link to the EEOC's site w/press release: http://www1.eeoc.gov/eeoc/newsroom/release/5-9-13.cfm

According to the EEOC's suit, the company required Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote and other employees to spend at least half their work days in courses that involved Scientology religious practices, such as screaming at ashtrays or staring at someone for eight hours without moving. The company also instructed employees to attend courses at the Church of Scientology. Additionally, the company required Sanchez to undergo an "audit" by connecting herself to an "E-meter," which Scientologists believe is a religious artifact, and required her to undergo "purification" treatment at the Church of Scientology. According to the EEOC's suit, employees repeatedly asked not to attend the courses but were told it was a requirement of the job. In the cases of Rodriguez and Sanchez, when they refused to participate in Scientology religious practices and/or did not conform to Scientology religious beliefs, they were terminated.

                                            The complaint.

http://www.scribd.com/doc/140455240/EEOC-v-Dynamic-Med-Svces-Complaint


Title: Re: Lawsuits
Post by: Ididntcomeback on December 11, 2015, 06:54:12 AM
                                      Was she fired for refusing to participate in on-the-job Scientology classes?

An Arcadia woman is suing her former employer, alleging she was fired for refusing to participate in mandatory on-the-job Scientology classes.

Annie R. Lee’s lawsuit against Pasadena-based Lusida Rubber Products Inc. and two company executives, Wayne Chin and William Johonnesson, alleges wrongful termination, religious discrimination, failure to prevent religious discrimination, harassment and retaliation.

Lee is seeking unspecified damages and an injunction enjoining Lusida from requiring employees to take Scientology lessons....

http://mynewsla.com/crime/2015/12/09/was-she-fired-for-refusing-to-participate-in-on-the-job-scientology-classes/


Title: Re: Lawsuits
Post by: Ididntcomeback on January 08, 2016, 01:03:35 PM
                                                        Libel-Proof Entity - Mike Rinder

    At 17:25 in this interview Mike Rinder mentions that the Church of Scientology is now probably a “Libel-Proof Entity”. This is in reference to the “Libel-Proof Plaintiff Doctrine” whereby a defendant loses grounds for libel once their general reputation reaches a certain low point in public opinion.

http://www.forum.exscn.net/showthread.php?41132-Libel-Proof-Entity-Mike-Rinder


Title: Re: Lawsuits
Post by: Ididntcomeback on March 04, 2016, 06:00:06 AM
                                  Appeals court rules in favor of Tampa attorney in years-long fight with Scientology

A state appeals court has dealt the Church of Scientology a blow in its efforts to collect a $1.07 million judgment from its long-time nemesis, Tampa lawyer Ken Dandar....

http://www.home.tampabay.com/news/scientology/appeals-court-rules-in-favor-of-tampa-attorney-in-years-long-fight-with/2267716


                                         Fla. Appeals Court Reverses Scientology's Win Against Atty

By Carolina Bolado
Law360, Miami (March 2, 2016, 8:49 PM ET) -- A Florida appeals court ruled Wednesday that a trial court did not automatically retain jurisdiction over a settlement between the Church of Scientology and an attorney after the case was dismissed, and said the church would have to file a new suit seeking to enforce the deal.

Florida's Second District Court of Appeal said the trial court did not have jurisdiction to entertain the Church of Scientology's motion to enforce a settlement with attorney Ken Dandar of Dandar & Dandar PA, who had filed a wrongful...

http://www.law360.com/articles/766496/fla-appeals-court-reverses-scientology-s-win-against-atty


Title: Re: Lawsuits
Post by: Ididntcomeback on March 10, 2016, 06:36:22 AM
                                          Arbitration for worker allegedly fired for not attending Scientology classes

http://mynewsla.com/crime/2016/03/08/arbitration-for-case-of-worker-who-claims-she-was-fired-for-not-attending-on-the-job-scientology-classes/


Title: Re: Lawsuits
Post by: Ididntcomeback on March 12, 2016, 06:54:53 AM
                                          Belgian judge throws entire case against Scientology out of court on technicality

March 11, 2016

http://tonyortega.org/2016/03/11/belgian-judge-throws-entire-case-against-scientology-out-of-court-on-technicality/


Also posted on Tony Ortega thread



                                                         Belgian court rejects case against Scientology

http://news.yahoo.com/belgian-court-throws-case-against-scientology-branch-002415553.html


Title: Re: Lawsuits
Post by: Ididntcomeback on March 14, 2016, 08:35:03 PM
                                       Scientology church trial: the charges against the Scientology church inadmissable

 The Brussels correctional tribunal declared the charges against the Church of Scientology inadmissable a little before 1 pm on Friday.
The tribunal said the prosecution's case against it was incomplete, and that too many assumptions had been made regarding the accusations.

The International Church of Scientology’s European Bureau of Human Rights, the Belgian Church of Scientology, and 11 members were charged with organised crime, fraud, illegally practising medicine and not respecting the legislation on privacy. This was after a 20-year investigation, started in 1997.

The Belgian Church of Scientology and two members were also charged with fraud following the publication of unpaid job offers in 2007 and 2008.



http://www.brusselstimes.com/rss-feed/5202/scientology-church-trial-ct-brussels-the-charges-against-the-scientology-church-are-thrown-out


Title: Re: Lawsuits
Post by: Ididntcomeback on April 27, 2016, 03:54:44 PM
                                          Case against Belgian Scientologists dropped
2016-04-26

Brussels - Belgian Scientologists vowed on Tuesday to "do more" in the community and pursue controversial anti-drugs programmes in particular after allegations that could have led to the religion being banned in Belgium were formally dropped.

In March a Belgian judge threw out charges including fraud, extortion and the illegal practice of medicine against 11 members of the celebrity-backed US church, ruling that the defendants had been targeted because of their religion.

The decision on Tuesday became "definitive" because Belgian prosecutors had failed to appeal, Pascal Vanderveeren, the lawyer for the Belgian branch of Scientology, told a press conference.

"There is enormous relief," Belgian Scientology Eric Roux told the press conference.

"We have been rehabilitated, we are Belgian citizens and we want to help our country, particularly by means of our preventative campaigns against drugs," Roux said.

"We will try to do more. We intend to develop, we have things to bring to the table.".....

http://www.news24.com/World/News/case-against-belgian-scientologists-dropped-20160426


Title: Re: Lawsuits
Post by: Ididntcomeback on April 28, 2016, 05:02:32 PM
                                            Ex-Scientologist claims church made her have an abortion at 17

A former member of the Church of Scientology can proceed to trial with a lawsuit alleging she was forced to work long hours before she was a teen and was coerced to have an abortion at age 17, a Los Angeles judge ruled Wednesday .

Superior Court Judge John Doyle denied a motion by lawyers for the Church of Scientology International and its Religious Technology Center to dismiss Laura Ann DeCrescenzo’s case. The only cause of action he tossed dealt with whether the plaintiff was deprived of a constitutional right of liberty.

The case was filed in April 2009, and the allegations include forced abortion, false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations.

Robert Mangels, an attorney for the Religious Technology Center, said he will file papers asking a panel of the 2nd District Court of Appeal to order Doyle to reverse his ruling and grant dismissal of the case.

Attorney Bert Deixler, on behalf of the Church of Scientology, declined to say afterward if he would join in the motion.

Deixler argued that the lawsuit wrongly involves the courts in the affairs of a religious organization.

“We do not have the civil courts investigate religious practices,” Deixler said.

Deixler said the DeCrescenzo case is “a question of faith, and not force” and that the plaintiff and her family made their own choices without intimidation.

But DeCrescenzo’s attorney, John Blumberg, said his client was effectively “brainwashed” by the church because she was not allowed to hear outside opinions about the religion’s practices.

“She was not a free-thinking adult at this point,” Blumberg said.

Although now-retired Judge Ronald Sohigian previously dismissed the case, a three-justice panel of the 2nd District Court of Appeal reversed his decision in June 2011 and sent the case back to the judge to determine whether the church was permitted to raise the statute of limitations as a defense.

According to a sworn declaration by DeCrescenzo, she began volunteering to do church work at age 6 or 7 in Orange County. She says that at age 7, she was part of a Scientology group organized to picket the very civil courthouse where trial of her lawsuit will take place.

She claims the demonstration showed the church’s ability to “go to every length to bring down people who filed lawsuits” against the institution,” whose followers include Tom Cruise and John Travolta.

“I believed that if I took any action against the Church of Scientology — whether filing a lawsuit or even speaking negatively about the Church of Scientology — that I would be subjected to severe retribution, including significant financial penalties and loss of my family,” DeCrescenzo stated.....

http://mynewsla.com/crime/2016/04/27/ex-scientologist-claims-church-made-her-have-an-abortion-at-17/


Title: Re: Lawsuits
Post by: Ididntcomeback on May 03, 2016, 07:31:41 AM
                                        Former Scientologist forced to have abortion wins major legal victory against church

https://www.rawstory.com/2016/05/former-scientologist-forced-to-have-abortion-wins-major-legal-victory-against-church/


Title: Re: Lawsuits
Post by: Ididntcomeback on May 03, 2016, 07:05:33 PM
                               Catholic woman fired after refusing to take Scientology courses at ‘alkalized water’ company: lawsuit

https://www.rawstory.com/2016/05/catholic-woman-fired-after-refusing-to-take-scientology-courses-at-alkalized-water-company-lawsuit/


Title: Re: Lawsuits
Post by: Ididntcomeback on July 07, 2016, 08:14:52 AM
                              Scientology the Bully—Part 1—CH-100—A Request for Civil Harassment Restraining Order Against Me


https://jennyatlax.wordpress.com/2016/06/28/scientology-the-bully-part-1-ch-100-a-request-for-civil-harassment-restraining-order-against-me/

Update 16th July 2016
http://tonyortega.org/2016/07/15/scientology-caves-fred-haseney-avoids-court-hearing-taking-camera-to-big-blue-tomorrow/


Title: Re: Lawsuits
Post by: Ididntcomeback on July 12, 2016, 08:21:59 AM
                                      David Love Files Lawsuits against Narconon Scientology

    We now have a Court Hearing date scheduled for August 25, 2016 at the Montreal Courthouse.

    I responded to the email from the Court Clerk this morning - requesting copies of specific documents.

    For reasons that may or may not be obvious, I have been 'off the grid' and 'holding cards close' for past few months while waiting for the court date.

    I am now living in Vancouver, B.C., and will fly back to Montreal a couple days prior to the Hearing.

    In my view, the deck is stacked against all the Defendants in this lawsuit due to the Quebec Human Rights Commission decision -- AND with additional documents that will be submitted to the Court prior to 15 days before Hearing.

    'BREACH of CONTRACT' by violating Human Rights and Freedoms and blatant Human Rights abuses in reference to the Human Rights Commission decision, could indeed, establish a 'Case Precedent Public Court Record' that is long overdue.

https://smartpeopletoday.net/


Title: Re: Lawsuits
Post by: Ididntcomeback on August 05, 2016, 12:13:55 AM
                                        Appeals court rules in favor of Tampa attorney in years-long fight with Scientology


 http://www.tampabay.com/news/scientology/appeals-court-rules-in-favor-of-tampa-attorney-in-years-long-fight-with/2267716


Title: Re: Lawsuits
Post by: Ididntcomeback on December 22, 2016, 05:55:40 AM
                     
           Laura DeCrescenzo Is Suing Church of Scientology Over Forced Abortion, Is This Standard ...


http://www.inquisitr.com/3814133/laura-decrescenzo-is-suing-church-of-scientology-over-forced-abortion-is-this-standard-scientology-practice/


Title: Re: Lawsuits
Post by: Ididntcomeback on December 25, 2016, 06:26:50 AM
                     Laura Decrescenzo v. Church of Scientology International, Inc., et al.

    I'm cross-posting an exchange from the comments section of Mike Rinder's blog concerning a precedent set by this ongoing lawsuit:
    Sherrie says December 17, 2016 at 2:26 pm

    I am a California lawyer. I am no expert in criminal law as my practice has been civil litigation. However, within that realm, relevant statutes of limitations can be tolled where fraud prevented a person from timely suing to enforce a contract or sue for a tort. There are limitations, of course, but this is one manner in which statutes are tolled. Just thought I’d add that, for what it’s worth. Also, a case against the FLDS for Food Stamp fraud is wreaking havoc in that community; the government sued. They can also sue for improperly withholding payroll taxes and social security on a mass scale.

    Mike Rinder says December 17, 2016 at 4:37 pm

    Hi Sherrie, thanks for writing. There is also a wonderful decision in the Laura Dieckman case by the California Court of Appeals, affirmed by the Supreme Court that addresses the issue of equitable tolling. I am sure you understand this, but for the layman this means that you cannot convince someone they have no recourse against you, and then when they realize they were lied to/brainwashed, to turn around and say “too bad, the statute has run”. It’s the child who kills his parents complaining about being an orphan theory. Laura’s case set very interesting precedent for SCIENTOLOGY matters.





Title: Re: Lawsuits
Post by: Ididntcomeback on January 24, 2017, 04:24:43 PM
                              Former Continental Design employee files lawsuit alleging religious discrimination

Quality manager says he was forced to take classes in Scientology

    By Stuart Hirsch | The Herald Bulletin

http://www.heraldbulletin.com/news/local_news/former-continental-design-employee-files-lawsuit-alleging-religious-discrimination/article_7a548d23-9f81-5882-b9f1-c7cb8dbb00ea.html


Title: Re: Lawsuits
Post by: Ididntcomeback on April 24, 2018, 09:33:36 PM
                                  Former DHS Employee Settles Lawsuit With The State

http://www.news9.com/story/38022618/former-dhs-employee-settles-lawsuit-with-the-state


Title: Re: Lawsuits
Post by: Ididntcomeback on July 19, 2018, 11:46:39 PM
                   Judge to Decide if Scientology Leader Must Testify in Upcoming Trial

https://mynewsla.com/crime/2018/07/18/judge-to-decide-if-scientology-leader-must-testify-in-upcoming-trial/


Title: Re: Lawsuits
Post by: Ididntcomeback on July 25, 2018, 08:02:40 AM
                                      Settlement Reached in Former Member’s Suit Against Church of Scientology

https://mynewsla.com/crime/2018/07/23/settlement-reached-in-former-members-suit-against-church-of-scientology/

http://www.latimes.com/local/lanow/la-me-ln-scientology-suit-settled-20180723-story.html


https://www.tampabay.com/church-of-scientology-former-member-settle-long-lawsuit-ap_national62d36440de4b4edcb29e0fe712f95fef

https://www.legalreader.com/church-scientology-settles-former-female-member/


Title: Re: Lawsuits
Post by: Ididntcomeback on September 06, 2018, 08:28:05 AM
                            Doctors Reportedly Tied To Scientology Charged In $80M Health Care Fraud Scheme

https://radaronline.com/exclusives/2018/09/scientology-doctors-charged-health-care-fraud/


Title: Re: Lawsuits
Post by: Ididntcomeback on November 01, 2018, 07:14:18 PM
              Oklahoma woman files lawsuit against Narconon Arrowhead

https://kfor.com/2018/10/30/oklahoma-woman-files-lawsuit-against-narconon-arrowhead/