What's new

Scientology Defendants Appeal -- Denial of Anti-SLAPP Motions to Dismiss

JBWriter

Happy Sapien
The Texas 3rd Circuit Court of Appeals received official Notice that certain defendants in the Rathbun v Miscavige/Scientology trial intend to seek an interlocutory appeal of the denial of their Anti-SLAPP Motions to Dismiss.
No appeal briefs/supporting documents have yet been filed. Yet.
Link: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00199-CV

Court of Appeals Case Number: 03-14-00199-CV
Trial Court Case Number: C-2013-1082B

Notice of Appeal was received on April 2 & 3, 2014, from the following defendants:

Church of Scientology International ("CSI") -
Counsel: Marc A. Fuller, Thomas S. Leatherbury, L.J. Streiber III, George H. Spencer, Jr., Ricardo G. Cedillo, and Isaac J. Huron
David J. Lubow - Counsel: Stephanie S. Bascon
Ed Bryan - Counsel: Jonathan H. Hull
Steven Gregory Sloat - Counsel: Jonathan H. Hull
Monty Drake - Counsel: O. Paul Dunagan & Gary D. Sarles

All defendants named above have until April 14, 2014 to submit a docketing statement to the Appeals Clerk.

Here's a link to the (terrific!) ESMB thread about the Trial Court's denial of the Anti-SLAPP Motions to Dismiss: http://www.forum.exscn.net/showthre...N-RATHBUN-SUIT&p=913860&viewfull=1#post913860

Folks, there are 6 judges total in the 3rd Circuit Court of Appeals.
Each appellate panel consist of 3 judges.
There are now 2 separate filed appeals -- one from TeamRTC&DM and now this one from TeamCSI&TheRest.


Informal recap:

Appellate Level - Pending Now
TeamRTC&DM seek to cancel the deposition of DM and sever RTC&DM from the case entirely. Hearing is April 9, 2014.
TeamCSI&TheRest seek to overturn the denial of their Motions to Dismiss (under the Anti-SLAPP framework). Lots to come.

Trial Level - Pending Now
Plaintiff's Motion for Contempt/Sanctions -- waiting for a hearing date. <----Soon.

JB
 

Lone Star

Crusader
Just found out that Wednesday's hearing at the 3rd District Court of Appeals in Austin will begin at 1:30 PM Texas Time, which also happens to be the same as Tulsa Time. :wink2:

That's 2:30 on the east coast and 11:30 on the west coast.

And for the down under folks that will be 5:30 AM Thursday Melbourne Time. In England 7:30 PM Wednesday.

There will be at least 4 very suppressive persons covering the hearing. :bwahaha:

Although no checks from the psychs have yet arrived. :no:
 
Last edited:

tetloj

Silver Meritorious Patron
And for the down under folks that will be 5:30 AM Thursday Melbourne Time.

There will be at least 4 very suppressive persons covering the hearing. :bwahaha:


:happydance::happydance::happydance::happydance::happydance::happydance::happydance::happydance::happydance:

Just marked off my calendar for Thursday morning

:dancer::dancer::dancer::dancer::dancer::dancer::dancer::dancer::dancer:
 

lotus

stubborn rebel sheep!
What else could we expect from the kid ????

Can someone be nice and explain me those points:

1) If this motion of appeal is denied then , is the next step the commencement of the trial ???
2) or is there many more motions to file as for avoiding it???

(few friends regularly ask me about the case - which I myself don't quite understand - technical language barrier)
Thank you very much!
 

JBWriter

Happy Sapien
Just found out that Wednesday's hearing at the 3rd District Court of Appeals in Austin will begin at 1:30 PM Texas Time, which also happens to be the same as Tulsa Time. :wink2:

That's 2:30 on the east coast and 11:30 on the west coast.

And for the down under folks that will be 5:30 AM Thursday Melbourne Time.

There will be at least 4 very suppressive persons covering the hearing. :bwahaha:

Although no checks from the psychs have yet arrived. :no:

Yay! At least 4 people @ the courthouse in Austin? Superb! :happydance:
Thank you to each and all who attend -- your efforts are very much appreciated. :yes:

While Wednesday's hearing has nothing to do with the Anti-SLAPP Motions to Dismiss, it will focus on TeamRTC+DM's appeal that argues that Judge Waldrip was not legally authorized to issue an Order that compels David Miscavige to be (narrowly) deposed.
After Wednesday's hearing, the Appeals Court must decide this: Did Judge Waldrip abuse his discretion by issuing an Order to permit David Miscavige to be deposed on a very limited basis (jurisdiction)?
In anticipation of this hearing to overturn Judge Waldrip's Order, the 3-judge appellate panel has received a HUGE amount of documents from TeamRTC+DM (only a small portion of which have been made public - grrrr) so I wonder if the entire hearing will be open to the public. I certainly hope so. :thumbsup:

As for the TeamCSI&Co appeal about their failed Motions to Dismiss, (under the Anti-SLAPP framework) no documents have yet been uploaded to the 3rd Circuit online docket yet from either side, but we should see a few uploaded in the next 2-3 weeks. The 3rd Circuit's online docket clerk(s) are very good at updating their site in a timely fashion. :)

This week?
Popcorn.
Definitely popcorn.

JB
 

AnonyMary

Formerly Fooled - Finally Free
The Texas 3rd Circuit Court of Appeals received official Notice that certain defendants in the Rathbun v Miscavige/Scientology trial intend to seek an interlocutory appeal of the denial of their Anti-SLAPP Motions to Dismiss.
No appeal briefs/supporting documents have yet been filed. Yet.
Link: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00199-CV

Court of Appeals Case Number: 03-14-00199-CV
Trial Court Case Number: C-2013-1082B

Notice of Appeal was received on April 2 & 3, 2014, from the following defendants:

Church of Scientology International ("CSI") -
Counsel: Marc A. Fuller, Thomas S. Leatherbury, L.J. Streiber III, George H. Spencer, Jr., Ricardo G. Cedillo, and Isaac J. Huron
David J. Lubow - Counsel: Stephanie S. Bascon
Ed Bryan - Counsel: Jonathan H. Hull
Steven Gregory Sloat - Counsel: Jonathan H. Hull
Monty Drake - Counsel: O. Paul Dunagan & Gary D. Sarles

All defendants named above have until April 14, 2014 to submit a docketing statement to the Appeals Clerk.

Here's a link to the (terrific!) ESMB thread about the Trial Court's denial of the Anti-SLAPP Motions to Dismiss: http://www.forum.exscn.net/showthre...N-RATHBUN-SUIT&p=913860&viewfull=1#post913860

Folks, there are 6 judges total in the 3rd Circuit Court of Appeals.
Each appellate panel consist of 3 judges.
There are now 2 separate filed appeals -- one from TeamRTC&DM and now this one from TeamCSI&TheRest.


Informal recap:

Appellate Level - Pending Now
TeamRTC&DM seek to cancel the deposition of DM and sever RTC&DM from the case entirely. Hearing is April 9, 2014.
TeamCSI&TheRest seek to overturn the denial of their Motions to Dismiss (under the Anti-SLAPP framework). Lots to come.

Trial Level - Pending Now
Plaintiff's Motion for Contempt/Sanctions -- waiting for a hearing date. <----Soon.

JB

Thanks, JB. Much appreciated.

Do you think you could include the DM and RTC Mandamus appellate case number with the link to the online case information on your ongoing list in the other thread, like you have with the Anti-Slapp appeal?

In re David Miscavige and Religious Technology Center
It's 03-14-00091-CV
http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV


Thanks!
 

JBWriter

Happy Sapien
Thanks, JB. Much appreciated.

Do you think you could include the DM and RTC Mandamus appellate case number with the link to the online case information on your ongoing list in the other thread, like you have with the Anti-Slapp appeal?

In re David Miscavige and Religious Technology Center
It's 03-14-00091-CV
http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV


Thanks!

I included it here, http://www.forum.exscn.net/showthre...rt-Feb-14-2014&p=905287&viewfull=1#post905287 but if there's another thread the info needs to be added to, I'm happy to do so. :)

JB
 

freethinker

Sponsor
I hope they read Leslie Hymans response three times through and clay demo it. I hope they read all the case law regarding it, because if they do, then they will realize that they can be appealed for an incorrect opinion. I am sure the Texas Supreme Court is preparing themselves already. Judges hate to be appealed even though Dib seemed to welcome it.


I hope those judges are not fooled by all that paper into thinking..

There just must be something to this....
 

Type4_PTS

Diamond Invictus SP
Just found out that Wednesday's hearing at the 3rd District Court of Appeals in Austin will begin at 1:30 PM Texas Time, which also happens to be the same as Tulsa Time. :wink2:

That's 2:30 on the east coast and 11:30 on the west coast.

And for the down under folks that will be 5:30 AM Thursday Melbourne Time. In England 7:30 PM Wednesday.

There will be at least 4 very suppressive persons covering the hearing. :bwahaha:

Although no checks from the psychs have yet arrived. :no:



:drama:
 

lotus

stubborn rebel sheep!
What else could we expect from the kid ????

Can someone be nice and explain me those points:

1) If this motion of appeal is denied then , is the next step the commencement of the trial ???
2) or is there many more motions to file as for avoiding it???

(few friends regularly ask me about the case - which I myself don't quite understand - technical language barrier)
Thank you very much!


Please, could someone be nice to answer me brienfly!
I promess some people I would inform them!

Thank you to a nice person to reply!

Arnie ???
 

Lone Star

Crusader
Please, could someone be nice to answer me brienfly!
I promess some people I would inform them!

Thank you to a nice person to reply!

Arnie ???

If DM/RTC's appeal is denied then they will appeal to the Texas Supreme Court. Of course the Supremes could refuse to hear it, which would be another failure. If they agree to hear it, which they probably will, then it will add more months to this mess.

In the meantime the discovery can still take place regardless of this particular appeal.
 

Lone Star

Crusader
Regarding tomorrow's hearing TX Lawyer posted a comment recently on the Bunker....

TX Lawyer2 hours ago I wouldn't get too excited. Appellate arguments are about what law applies and what evidence is in the record to support the trial court's ruling. It will be pretty dry stuff to most non-lawyers. There will not be any new evidence or testimony coming out of this argument.


Although I'm still very much looking forward to it, I do know that it won't be quite as "fun" as the regular hearings in Dib's court. But I still think hearing what the panel of Appellate Judges say and what questions they ask will be interesting. It may give some insight into how they are leaning. It will also be interesting to compare and contrast Leslie Hyman's performance with Wallace Jefferson's.

It will be "fun" watching Leslie kicking ass. LOL!!

The format is that each attorney makes a statement before the panel of judges, then they in turn ask each attorney questions. It's the same way essentially that cases are tried in the US Supreme Court, which is the highest appeals court in the land.
 

Gib

Crusader
Regarding tomorrow's hearing TX Lawyer posted a comment recently on the Bunker....

TX Lawyer2 hours ago I wouldn't get too excited. Appellate arguments are about what law applies and what evidence is in the record to support the trial court's ruling. It will be pretty dry stuff to most non-lawyers. There will not be any new evidence or testimony coming out of this argument.


Although I'm still very much looking forward to it, I do know that it won't be quite as "fun" as the regular hearings in Dib's court. But I still think hearing what the panel of Appellate Judges say and what questions they ask will be interesting. It may give some insight into how they are leaning. It will also be interesting to compare and contrast Leslie Hyman's performance with Wallace Jefferson's.

It will be "fun" watching Leslie kicking ass. LOL!!

The format is that each attorney makes a statement before the panel of judges, then they in turn ask each attorney questions. It's the same way essentially that cases are tried in the US Supreme Court, which is the highest appeals court in the land.

I agree, listen closely, takes notes to jog the memory. It will be subtle.

sub·tle
ˈsətl/
adjective


  • 1.
    (esp. of a change or distinction) so delicate or precise as to be difficult to analyze or describe.
 

JBWriter

Happy Sapien
Regarding tomorrow's hearing TX Lawyer posted a comment recently on the Bunker....

TX Lawyer2 hours ago I wouldn't get too excited. Appellate arguments are about what law applies and what evidence is in the record to support the trial court's ruling. It will be pretty dry stuff to most non-lawyers. There will not be any new evidence or testimony coming out of this argument.


Although I'm still very much looking forward to it, I do know that it won't be quite as "fun" as the regular hearings in Dib's court. But I still think hearing what the panel of Appellate Judges say and what questions they ask will be interesting. It may give some insight into how they are leaning. It will also be interesting to compare and contrast Leslie Hyman's performance with Wallace Jefferson's.

It will be "fun" watching Leslie kicking ass. LOL!!

The format is that each attorney makes a statement before the panel of judges, then they in turn ask each attorney questions. It's the same way essentially that cases are tried in the US Supreme Court, which is the highest appeals court in the land.

Great stuff, LoneStar. :thumbsup:
(As usual. :yes:)
This thread is about TeamCSI&Co's interlocutory appeal - which seeks to get the denial of their Anti-SLAPP Motions to Dismiss overturned.

Tomorrow's hearing is about TeamRTC+DM's Mandamus Petition to get Judge Waldrip's deposition of Miscavige Order overturned. The original thread about this Mandamus Petition is older, so maybe we should have a new thread to keep the 2 (thus far) appeal cases separate?
"Appeal: Miscavige Seeks To Overturn Deposition Order" <----Possible new thread title for tomorrow's hearing and future updates on this topic?

This stuff gets confusing for all of us and more interlocutory appeals are expected.
I'm not sure which course is best - more or fewer threads - but am happy to go along with whatever solution is thought best. :)

JB
 

Lone Star

Crusader
Great stuff, LoneStar. :thumbsup:
(As usual. :yes:)
This thread is about TeamCSI&Co's interlocutory appeal - which seeks to get the denial of their Anti-SLAPP Motions to Dismiss overturned.

Tomorrow's hearing is about TeamRTC+DM's Mandamus Petition to get Judge Waldrip's deposition of Miscavige Order overturned. The original thread about this Mandamus Petition is older, so maybe we should have a new thread to keep the 2 (thus far) appeal cases separate?
"Appeal: Miscavige Seeks To Overturn Deposition Order" <----Possible new thread title for tomorrow's hearing and future updates on this topic?

This stuff gets confusing for all of us and more interlocutory appeals are expected.
I'm not sure which course is best - more or fewer threads - but am happy to go along with whatever solution is thought best. :)

JB

I'm probably going to title the thread, "April 9th Appeal Hearing to overturn Deposition Order", or something like that. I think putting the date on it helps.
 

Free to shine

Shiny & Free
Great stuff, LoneStar. :thumbsup:
(As usual. :yes:)
This thread is about TeamCSI&Co's interlocutory appeal - which seeks to get the denial of their Anti-SLAPP Motions to Dismiss overturned.

Tomorrow's hearing is about TeamRTC+DM's Mandamus Petition to get Judge Waldrip's deposition of Miscavige Order overturned. The original thread about this Mandamus Petition is older, so maybe we should have a new thread to keep the 2 (thus far) appeal cases separate?
"Appeal: Miscavige Seeks To Overturn Deposition Order" <----Possible new thread title for tomorrow's hearing and future updates on this topic?

This stuff gets confusing for all of us and more interlocutory appeals are expected.
I'm not sure which course is best - more or fewer threads - but am happy to go along with whatever solution is thought best. :)

JB

Maybe it's time to ask for a sub forum to be created (probably under Legal I would think) for this whole case and it's various threads, like the one for Debbie Cook. Just an idea.
 

freethinker

Sponsor
Excellent idea, then all the threads on this case will be in one location, readily accessible.

Maybe it's time to ask for a sub forum to be created (probably under Legal I would think) for this whole case and it's various threads, like the one for Debbie Cook. Just an idea.
 

lotus

stubborn rebel sheep!
If DM/RTC's appeal is denied then they will appeal to the Texas Supreme Court. Of course the Supremes could refuse to hear it, which would be another failure. If they agree to hear it, which they probably will, then it will add more months to this mess.

In the meantime the discovery can still take place regardless of this particular appeal.

Lone Star,

Thank you for your kind attention
to reply (I thaught nobody would :unsure:)
and provide me with very simple explanations


The explanations will be forwarded to people who need and will be very much of use.
( and help me to follow all the procedures)

You are very nice

:kiss:
 
Last edited:
Top