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Mosey sues cult for harrassment

JBWriter

Happy Sapien
Just a quickie reminder...

TeamRathbun's response to TeamCSI's latest (stupid) brief* to the Texas 3rd Circuit Appellate Court is due on/about March 6, 2015.

JB

*The brief that brags about TeamScio 'winning' an anti-SLAPP Motion to Dismiss in the California case, Woodward v Scientology, et. al.

:scnsucks:

Just checked the Texas 3rd Circuit's online docket. :eyeroll:

Although TeamCSI&Etc.'s (stupid) brief was "accepted" (electronically) by the Court on February 6, 2014,
the docket now shows that the Court did not formally "file" it until March 4, 2015.

Q: Does this mean Team Rathbun's response (to the stupid TeamCSI&Etc. brief) won't be due until 30 days from March 4, 2015 (yesterday)?
I don't know. :confused2:

JB
 

dchoiceisalwaysrs

Gold Meritorious Patron
Thanks for getting this thread back on track JBwriter.

I am happy that as far as I understand it, David Miscavige and the despicable scientology and affiliates group are still under a restraining order. I just love how that order illustrates the outward anti-social behaviour of scientology.

But I still think of the files that went missing in the France case, and wonder if the criminal scientology organization is still infiltrating just as they did in Operation Snow White.

Just checked the Texas 3rd Circuit's online docket. :eyeroll:

Although TeamCSI&Etc.'s (stupid) brief was "accepted" (electronically) by the Court on February 6, 2014,
the docket now shows that the Court did not formally "file" it until March 4, 2015.

Q: Does this mean Team Rathbun's response (to the stupid TeamCSI&Etc. brief) won't be due until 30 days from March 4, 2015 (yesterday)?
I don't know. :confused2:

JB
 

JBWriter

Happy Sapien
Thanks for getting this thread back on track JBwriter.

I am happy that as far as I understand it, David Miscavige and the despicable scientology and affiliates group are still under a restraining order. I just love how that order illustrates the outward anti-social behaviour of scientology.

But I still think of the files that went missing in the France case, and wonder if the criminal scientology organization is still infiltrating just as they did in Operation Snow White.

Good points, DChoiceIsAlwaysRs. :)

I do not & can not know precisely why the elecronically accepted brief didn't become formally filed with the Court for approximately 4 weeks.
However, I do recognize that since people aren't perfect, the court staff might simply have missed a step when processing the brief itself.
In any event, I'm glad the mistake was caught and rectified.

The (ridiculous) anti-SLAPP appeal would likely have been decided by the Court already*, but for the additional (pointless) briefs filed by TeamCSI&Etc.

JB

*Generally speaking, a large majority of the decisions are issued between 150-180 days from date of submission/appeal hearing.
September 2014 in this case, btw.
 

JBWriter

Happy Sapien
Tomorrow(-ish) is the submission due date for TeamRathbun if they're planning to Reply to TeamCSI&Co's ridiculous Motion dated March 4, 2015.

If TeamRathbun does submit a Reply tomorrow, the Texas 3rd Circuit Appellate Panel may issue their Opinion (re: anti-SLAPP Motion to Dismiss) at any time thereafter.

Remember, Judge Waldrip originally denied TeamCSI's anti-SLAPP Motion to Dismiss, which is why TeamCSI&Co appealed.
So if the Appellate Panel upholds the original decision to deny, break out the caek. Lots and lots of caek.

JB
 

Udarnik

Gold Meritorious Patron
Tomorrow(-ish) is the submission due date for TeamRathbun if they're planning to Reply to TeamCSI&Co's ridiculous Motion dated March 4, 2015.

If TeamRathbun does submit a Reply tomorrow, the Texas 3rd Circuit Appellate Panel may issue their Opinion (re: anti-SLAPP Motion to Dismiss) at any time thereafter.

Remember, Judge Waldrip originally denied TeamCSI's anti-SLAPP Motion to Dismiss, which is why TeamCSI&Co appealed.
So if the Appellate Panel upholds the original decision to deny, break out the caek. Lots and lots of caek.

JB

Heh. The timing is right. Despite all pious platitudes to the contrary, I wonder how many people in the Texas court system have been prejudiced against the Cult by "Going Clear"? :melodramatic:
 
Heh. The timing is right. Despite all pious platitudes to the contrary, I wonder how many people in the Texas court system have been prejudiced against the Cult by "Going Clear"? :melodramatic:
Why would that make a difference? It's about a CEO being frivously deposed. Isn't Texas a Blue state? I'm not holding my breath. Mimsey
 

JBWriter

Happy Sapien
<snip> It's about a CEO being frivously deposed.<snip>

It does get a bit confusing following/tracking all of the filings in this case. :yes:

The first Appellate Panel already issued its ruling regarding the deposition of David Miscavige in connection w/TeamRTC+DM's mandamus appeal.

The current Appellate Panel is expected to rule at any time after tomorrow about TeamCSI&Co's antil-SLAPP Motion to Dismiss appeal.

If the current 3-judge panel believes TeamCSI&Co's argument, then: (1) TeamRathbun's case is dismissed; and, (2) TeamRathbun would be ordered to pay the legal fees/costs for CSI, Sloat & Lubow. (<---and Bryan and Drake, too.)

JB

ETA: Additional defendants.
 
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It does get a bit confusing following/tracking all of the filings in this case. :yes:

The first Appellate Panel already issued its ruling regarding the deposition of David Miscavige in connection w/TeamRTC+DM's mandamus appeal.

The current Appellate Panel is expected to rule at any time after tomorrow about TeamCSI&Co's antil-SLAPP Motion to Dismiss appeal.

If the current 3-judge panel believes TeamCSI&Co's argument, then: (1) TeamRathbun's case is dismissed; and, (2) TeamRathbun would be ordered to pay the legal fees/costs for CSI, Sloat & Lubow.

JB
What was the ruling on taking the depositions? I don't recall reading about it. Mimsey
 
The Appellate Court ruled on July 17, 2014. :)
Here's a direct link to the TAMES website with the actual Opinion to review: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV&coa=coa03

JB
CONCLUSION
Having concluded that the apex-deposition rule applies to Miscavige and that the
record does not support taking Miscavige’s apex deposition at this time, we conclude that the trial
court clearly abused its discretion in ordering Miscavige’s deposition. Accordingly, we conditionally
grant Relators’ mandamus petition in part and order the trial court to withdraw its order compelling
Miscavige’s deposition. We deny all other requested relief. If the trial court fails to comply, we will
issue the writ.
So, ( based on my skimming the doc) just because Ray didn't ask DM's staff that were being deposed, if they knew of Miscavage running the Squirrel Busters, the motion gets tossed? It begs the question, why didn't he depose Stuckenbach (spelling?), who if anybody would know, she would?

Maybe it's hind sight, but why on earth didn't he ask those questions, even though he knew they would lie through their teeth? Mimsey
 

JBWriter

Happy Sapien
So, ( based on my skimming the doc) just because Ray didn't ask DM's staff that were being deposed, if they knew of Miscavage running the Squirrel Busters, the motion gets tossed? It begs the question, why didn't he depose Stuckenbach (spelling?), who if anybody would know, she would?

Why does anybody bother to sue Scientology in the first place? The 1st amendment trumps all of the constitution and the bill of rights. Why don't those skinhead Nazi's form a religion and just walk down the street, shooting every body of color? The police would be legally prohibited from firing back.

Mimsey

My bold above.

What motion? :confused2:
Nothing got "tossed". :no:

If you scroll back, on this thread, to posts dated July 17, 2014, there are very good comments posted from TXLawyer, (a commenter from The Underground Bunker,) and a few ESMB'ers (including you) that may answer your questions/refresh your memory about the mandamus decision. :)

JB
 
My bold above.

What motion? :confused2:
Nothing got "tossed". :no:

If you scroll back, on this thread, to posts dated July 17, 2014, there are very good comments posted from TXLawyer, (a commenter from The Underground Bunker,) and a few ESMB'ers (including you) that may answer your questions/refresh your memory about the mandamus decision. :)

JB
Don't get old - things break down, parts start rusting, your memory looks like Swiss cheese, and you say things you understand that nobody else has a clue about, and you misunderstand what people talk about. Fucking golden years my ass.

Yes, I forgot I had read about the decision, and yes I should have took the time to look back instead of typing stupid shit. And yes I used the wrong word. Motion.

Well, I dunno, What I was trying to say I didn't have much hope for Monique, based on my skimming the doc and seeing their response. Less intrusive means? Maybe the court reporter and the attorneys can sit out in the complex parking lot, while the person they are deposing is telexing back his answers from somewhere at the Int base in Hemet?

I was just frustrated with our legal system, after seeing Luis Garcia being shot down. You can't even get them on fraud. I don't see why anybody bothers to sue them.

At this point I wouldn't be surprised if the Narconon cases against ABLE and Narconon Int got tossed because those entities are part of the Scientology religion and are protected by the 1st amendment.

Enough.

Mimsey is taking his keyboard and going home, he's going to crawl under his warm blankey and watch Family Feud. Maybe pout.

Bastards.

Mimsey


jerk-3.jpg
 

JBWriter

Happy Sapien
Tomorrow(-ish) is the submission due date for TeamRathbun if they're planning to Reply to TeamCSI&Co's ridiculous Motion dated March 4, 2015.

If TeamRathbun does submit a Reply tomorrow, the Texas 3rd Circuit Appellate Panel may issue their Opinion (re: anti-SLAPP Motion to Dismiss) at any time thereafter.

Remember, Judge Waldrip originally denied TeamCSI's anti-SLAPP Motion to Dismiss, which is why TeamCSI&Co appealed.
So if the Appellate Panel upholds the original decision to deny, break out the caek. Lots and lots of caek.

JB

Per the TAMES online docket, TeamRathbun did not file a Reply to TeamCSI&Co's ridiculous Motion dated March 4, 2015.

What that means...

The Texas 3rd Circuit Court of Appeals (3-judge panel) is expected to issue its decision at any time in the days/weeks ahead.

Will this Appellate Panel agree with TeamCSI&Co that Judge Waldrip was wrong to deny their anti-SLAPP Motion to Dismiss? :no:

Or, will they instead rule that Judge Waldrip was legally correct in denying TeamCSI&Co's attempt to have Mrs. Rathbun's lawsuit dismissed forever? :biggrin:


FunFact: This Appellate Panel has had since September 2014 to consider all of the pleadings, filings, arguments, and (pointless) supplemental filings in this interlocutory appeal.

JB <---Wouldn't take me 6 months to write my Opinion. "Appeal denied. Y'all are liars. Leave this nice woman & her family alone, losers."
 
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Northern Shewolf

Patron Meritorious
So, ( based on my skimming the doc) just because Ray didn't ask DM's staff that were being deposed, if they knew of Miscavage running the Squirrel Busters, the motion gets tossed? It begs the question, why didn't he depose Stuckenbach (spelling?), who if anybody would know, she would?

Maybe it's hind sight, but why on earth didn't he ask those questions, even though he knew they would lie through their teeth? Mimsey
I think it has a lot to do with not having a large team to search points of law, case histories, prepare and plan all possible avenues no matter how inane and then some...to defeat an outfit that has a large number of well-paid attorneys who will bend, distort, use all manner of obloquy to get D.M. out of court.
IMHO the whole shebang has been exposed, fools and the BDSM crowd within the kult will continue to submit to audebting and thus finance the miniscule Hebitch's lifestyle.
Ridicule tends to kill.:yes:
 

i'mglib

Patron with Honors
Don't get old - things break down, parts start rusting, your memory looks like Swiss cheese, and you say things you understand that nobody else has a clue about, and you misunderstand what people talk about. Fucking golden years my ass.

Yes, I forgot I had read about the decision, and yes I should have took the time to look back instead of typing stupid shit. And yes I used the wrong word. Motion.

Well, I dunno, What I was trying to say I didn't have much hope for Monique, based on my skimming the doc and seeing their response. Less intrusive means? Maybe the court reporter and the attorneys can sit out in the complex parking lot, while the person they are deposing is telexing back his answers from somewhere at the Int base in Hemet?

I was just frustrated with our legal system, after seeing Luis Garcia being shot down. You can't even get them on fraud. I don't see why anybody bothers to sue them.

At this point I wouldn't be surprised if the Narconon cases against ABLE and Narconon Int got tossed because those entities are part of the Scientology religion and are protected by the 1st amendment.

Enough.

Mimsey is taking his keyboard and going home, he's going to crawl under his warm blankey and watch Family Feud. Maybe pout.

Bastards.

Mimsey


jerk-3.jpg

I just want to thank you for reading/skimming that entire brief to cull the important paragraph for us other old people who can't remember things and forgot exactly what the outcome re. Miscavige being deposed. Much appreciated.
 
Gahhhh!!!! How the hell much longer is this going to take? What do those judges do in their spare time for kicks, get drunk and watch paint dry? Mimsey

[video=youtube;kT196UksWxc]https://www.youtube.com/watch?v=kT196UksWxc[/video]
 

Dulloldfart

Squirrel Extraordinaire
Gahhhh!!!! How the hell much longer is this going to take? What do those judges do in their spare time for kicks, get drunk and watch paint dry? Mimsey

Lay themselves open to this, maybe?

http://factnet.org/scientologys-foolproof-method-judge-tampering

Scientology's foolproof method of judge tampering

[September 30, 1998]

I recently spent about 20 hours interviewing a Scientology defector named Jesse Prince about his experiences in the leadership of Scientology. He was second in command of all Scientology's operations worldwide. In these conversations we talked about many of Scientology's covert criminal activities decreed by Scientology's top executives and law firms. One area of particular interest was how Scientology secretly tampers with judges and doesn't get caught.

<snip>

Paul
 

dchoiceisalwaysrs

Gold Meritorious Patron
Yes that is one possibility. Their may we be a series of programs on a whole number of 'targets/opinion leaders'

As regarding the overall case, just some thoughts.

I hope that the primary case of 'Rathbun vs David Miscavige et al' is the fulcrum around which all subsequent precipitated motions are bound to and that Equity under the law is the core guiding theme or the footing of the fulcrum to which all decision is judged against.

It is a hope of mine that concept of interpreting "free exercise thereof" clause of the 1st amendment as a free card for religions to act outside of the law which all other citizens and corporations are required to abide by, essentially establishes an separate entity/nation within the US with NO reciprocity nor redress by any members of the greater community who are not within resulting separate entity.

Essentially anyone who may wish to have rights and protection of the US law, may have their own internal laws, as long at those laws are subservient to the senior laws (Constitution) when ANY member of the US demands equity under the laws of the land. I would think, although I have not studied nor thought about the constitution well enough to know for certain, that it would be a cohesive body with the primary intent and focus to provide equity who would be expected to be ruled by it.

That is of course, assuming that scientology was truly formed as a religion, which I understand it was not and is not. I include/address religion only because it is the 'identity' which scientology claims in public and in courts in the US, whereas I believe the key issue is not belief (of which religion can be a subset) but behaviour.

Lay themselves open to this, maybe?

http://factnet.org/scientologys-foolproof-method-judge-tampering

Scientology's foolproof method of judge tampering

[September 30, 1998]

I recently spent about 20 hours interviewing a Scientology defector named Jesse Prince about his experiences in the leadership of Scientology. He was second in command of all Scientology's operations worldwide. In these conversations we talked about many of Scientology's covert criminal activities decreed by Scientology's top executives and law firms. One area of particular interest was how Scientology secretly tampers with judges and doesn't get caught.

<snip>

Paul
 
There are signs of life in Texas - sort of - see Tony's latest.


Monique Rathbun: Hey, Texas court, here’s something to chew on
http://tonyortega.org/2015/07/07/mo...-court-heres-something-to-chew-on/#more-24003

TX Lawyer • 3 hours ago

Yes, it has definitely been a long time. My rule of thumb is that the longer the appellate court takes to rule, the more likely they are (a) going to reverse, (b) divided and can't come to a unanimous decision, and/or (c) are just having a really difficult time sorting through the case. Keep your fingers crossed either way.

ETA: I just looked at the court's docket sheet, and it has actually been just over nine months since oral argument at the court of appeals. That is a very long time for a Texas court of appeals to decide a case. I note that the [clarification: Amarillo COA] court decided another case yesterday that was argued less than 2-1/2 months ago, and that prompted a (very colorful) dissenting opinion from Chief Justice Quinn. Poking around the [clarification: Austin COA] court's website, it looks like other cases that went to oral argument were decided between 1 and 6 months later, with most of the cases in the 2-3 month range. I really suspect they are having a hard time with this one.

t1kk Mod • 2 hours ago

I've not kept up with the procedural history but it seems pretty obvious that the recent Krinsky case favors Monique in a big way. The case settled a split between appeals courts, some which had been interpreting the TCPA's "clear and specific" requirement (of plaintiffs to prove their case once defendants invoke the TCPA) to essentially mean that plaintiffs had to prove their entire case with direct evidence prior to discovery, kind of like special pleading in fraud claims. The Krinsky court held that the "clear and specific" standard could include circumstantial evidence, which is precisely how Monique needs the TCPA interpreted in order to depose Miscavige, since she lacks "direct" evidence.


TX Lawyer > t1kk • an hour ago

Correct, except that this appeal isn't about Miscavige's deposition. That was a separate appeal (mandamus) that was decided against Monique quite a while back. This appeal is the Church (not Miscavige personally) challenging the trial court's denial of its motion to dismiss under the TCPA. And the Lipsky case really is pretty favorable to Monique's position, since it allows for circumstantial evidence to defeat the motion to dismiss. That's pretty important, since there is little or no direct evidence that the "protest" pretext is a sham, but plenty of circumstantial evidence to establish that fact.

t1kk Mod > TX Lawyer • an hour ago

Ah, thank you. I briefly tried to figure out which argument this related back to but there's a ton of paper in this case so I guessed wrong. Appreciate.


TX Lawyer > t1kk • 8 minutes ago
There are a lot of moving pieces in that lawsuit, to be sure. Hard to keep track of everything, particularly when it's been 9 months with little happening except the occasional supplemental authorities.
 
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