Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 2014

JBWriter

Happy Sapien
It appears attorneys have filed papers on February 14, 2014, with the Court of Appeals, 3rd District of Texas in connection with the Rathbun v. Miscavige/Scientology lawsuit currently in the early stages of pre-trial activity in Comal County.

Here's a quick link to the Texas Appeals Court online docket: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coa01&s=c
(Click "all courts" and then below, find the "trial court county" block and click "comal county" from the drop down box, then hit "search".)

Here's the link to the search results: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV

Included in the supporting documents...
Monty Drake's attorneys filed this:
"Defendant Monty Drake's Motion To Transfer Venue, Original Answer, And Motion To Designate Responsible Third Party"
Guess who the "responsible third party" is?
Marty Rathbun.

It's 361 pages long, folks.

Lots to read, lots to understand.

Yikes!

JB

EDIT: Originally said papers filed "February 14, 2018". Duh.
 
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JBWriter

Happy Sapien
Re: Breaking: Rathbun v Miscavige -- Defendant Drake Filed In Appeals Court - Feb 20

It appears attorneys have filed papers on February 14, 2018, with the Court of Appeals, 3rd District of Texas in connection with the Rathbun v. Miscavige/Scientology lawsuit currently in the early stages of pre-trial activity in Comal County.

Here's a quick link to the Texas Appeals Court online docket: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coa01&s=c
(Click "all courts" and then below, find the "trial court county" block and click "comal county" from the drop down box, then hit "search".)

Here's the link to the search results: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV

Monty Drake's attorneys filed this:

"Defendant Monty Drake's Motion To Transfer Venue, Original Answer, And Motion To Designate Responsible Third Party"

Guess who the "responsible third party" is?
Marty Rathbun.

It's 361 pages long, folks.

Lots to read, lots to understand.

Yikes!

JB

The docket numbers for easier searching:

Trial Court Case Number: C2013-1082B
Court of Appeals Number: 03-14-00091-CV

The Petition for a Writ of Mandamus was filed by TeamRTC-DM. (<---Hon. Wallace B. Jefferson.)

Here's a link directly to the 3rd Circuit Appeals Court online search to use in the days to come to check for updates using the docket numbers above: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coa03

JB

 
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JBWriter

Happy Sapien
As near as I can figure, the Appeals Court staff have uploaded only one section of the entire filing.
Translated: More documents to come. Lots more. Including the actual petition filed by TeamRTC-DM.

What's available to read now, the 361 pages I referred to earlier, are the main filing's supporting documents.
Skimming though, there's some stuff we've seen before, but there's also a bunch not previously available online to review.

Without seeing the actual petition for a Writ of Mandamus, it's impossible to guess whether/if this gigantic-size filing will in any way affect the progress made thus far in the trial court re: the Anti-SLAPP Motions to Dismiss or if this petition (perhaps) relates to the Order to have Captain Miscavige deposed.

Valentine's Day present, indeed. Chocolates would have nicely sufficed.

JB
 

elwood

Patron with Honors
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

It appears attorneys have filed papers on February 14, 2018, with the Court of Appeals, 3rd District of Texas in connection with the Rathbun v. Miscavige/Scientology lawsuit currently in the early stages of pre-trial activity in Comal County.

Here's a quick link to the Texas Appeals Court online docket: http://www.search.txcourts.gov/CaseSearch.aspx?coa=coa01&s=c
(Click "all courts" and then below, find the "trial court county" block and click "comal county" from the drop down box, then hit "search".)

Here's the link to the search results: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00091-CV

Monty Drake's attorneys filed this:

"Defendant Monty Drake's Motion To Transfer Venue, Original Answer, And Motion To Designate Responsible Third Party"

Guess who the "responsible third party" is?
Marty Rathbun.

It's 361 pages long, folks.

Lots to read, lots to understand.

Yikes!

JB

I really expected at least one of the PI's to roll over. The CoS must be paying them big bucks to STFU. I noted also that Ralph Gomez is not a named party.
 

Free to shine

Shiny & Free
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

Wow, so much to read.

I look forward to a breakdown of all the points as trying to understand the US legal system is a little beyond me. :biggrin:

EDIT. I've read a fair bit now and to me it's just sickening to see this attempt to squash everything under the banner of "First Amendment rights" and obscure legal arguments. Yeah I know how it goes but still yukky.
 
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dchoiceisalwaysrs

Gold Meritorious Patron
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

Wow... That is almost 4 years away? 2018? Maybe I do have time to get my law degree yet.....lol. Love ya JB. But please don't follow me learning how to do those typos. :biggrin:
 

JBWriter

Happy Sapien
I really expected at least one of the PI's to roll over. The CoS must be paying them big bucks to STFU. I noted also that Ralph Gomez is not a named party.

I've no idea what "bucks" have passed hands, of course, but it's not unreasonable to think a PI (or two?) might abandon TeamCSI/TeamRTC-DM at some distant point in the future -- especially if this pre-trial Motion wrangling ends with TeamRathbun ahead.

Off the top of my head, I cannot recall who Ralph Gomez is or how he fits into this, but if this case 'survives' these latest hurdles and the discovery process continues apace, additional defendants could be named.

Personally, I cannot wait for Tony Ortega's next update because there's simply WAY too much information yet to come and he's sure to provide insightful and comprehensive commentary.

For those lurking, please visit The Underground Bunker site today (and the days ahead) to better understand who filed what and what it all means. Here's the link to the site: http://tonyortega.org/

JB (Aside: Friend texted me, "Q: How do you say 'entheta' in Spanish? A: 'Ortega'. Get it? Hahahaha!")
 

JBWriter

Happy Sapien
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

Wow... That is almost 4 years away? 2018? Maybe I do have time to get my law degree yet.....lol. Love ya JB. But please don't follow me learning how to do those typos. :biggrin:

Fixing it now. :biggrin:

JB <---Dumbass.
 

ILove2Lurk

Lisbeth Salander
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

. . .
Interesting number of reveals in the 361 page document. The lawyers are going to throw everybody and everybody's uncles under the bus to keep DM out of court.

Just glancing over a few pages so far, I ran across this admission in John Allender's affidavit on page 187:

"The CSI staff member told us that CSI would help with some of the expenses
involved to allow us to undertake this protest action and make the documentary."


One could assume a four-year harassment campaign cost members millions in contributions . . . with CSI funding the nonsense.

One could assume. :whistling:

The most important thing they ignore (or maybe they don't and just don't care) is that all these filings remain in the public domain and on the Internet FOREVER now for everyone to see.
 

uncover

Gold Meritorious Patron
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

AFFIDAVIT OF JOHN ALLENDER
.....
1. My name is John Allender. I am over 18 years of age, .....

2. I am a resident of Santa Clara County, California.

3. I have been an active member of the Scientology religion for over 40 years.
.....

Yes, for over fourty years. If you join my church and stay long enough with us you have the chance to become such a loveable, honorable and powerful being like me. All you have to do is to answer only one question: "What are your crimes ?":


[video=youtube;1epDKMEwARc]https://www.youtube.com/watch?v=1epDKMEwARc[/video]

[video=youtube;USJfHR9r1Cc]https://www.youtube.com/watch?v=USJfHR9r1Cc[/video]

[video=youtube;SzIZxnonn0k]https://www.youtube.com/watch?v=SzIZxnonn0k[/video]
 
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elwood

Patron with Honors
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

I've no idea what "bucks" have passed hands, of course, but it's not unreasonable to think a PI (or two?) might abandon TeamCSI/TeamRTC-DM at some distant point in the future -- especially if this pre-trial Motion wrangling ends with TeamRathbun ahead.

Off the top of my head, I cannot recall who Ralph Gomez is or how he fits into this, but if this case 'survives' these latest hurdles and the discovery process continues apace, additional defendants could be named.

Personally, I cannot wait for Tony Ortega's next update because there's simply WAY too much information yet to come and he's sure to provide insightful and comprehensive commentary.

For those lurking, please visit The Underground Bunker site today (and the days ahead) to better understand who filed what and what it all means. Here's the link to the site: http://tonyortega.org/

JB (Aside: Friend texted me, "Q: How do you say 'entheta' in Spanish? A: 'Ortega'. Get it? Hahahaha!")

Ralph Gomez was the Corpus Christi PI who escorted the Squirrel Busters during their harassment of Marty.
 
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

I can't wait until one of the 'Whales' get wind of this court case and asks how much of the cult's money is being spent on it.
 

Gib

Crusader
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

I really expected at least one of the PI's to roll over. The CoS must be paying them big bucks to STFU. I noted also that Ralph Gomez is not a named party.

as hubbard said, with enough money you can buy yourself out of any game you don't want to play.

corollary: with enough money you buy anybody to STFU
 

uncover

Gold Meritorious Patron
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

Here is what can be found in this 361 pages:

MR707-713: Defendant Monty Drake’s Motion to Transfer Venue, Original Answer, and Motion to Designate .....
MR714-716: Plaintiff’s Request for Privilege Log
MR717-730: Confidentialty and Protective Order
MR731-916: CSI's Anti-SLAPP Motion to Dismiss Plaintiff's First Amended Petition
.................. - Allan Cartwright Affidavit
.................. - David Lubow Affidavit
.................. - John Allender Affidavit
.................. - Richard Hirst Affidavit
.................. - Monty Drake Affidavit
.................. - Steven Gregory Sloat Affidavit
MR917-1040: Transcript of Hearing on Motion for Protective Order, 10-18-2013
MR1041-1043: Plaintiff's First Amended Notice of Intent to Take Depo of Thomas "Tommy" Davis
MR1044-1052: Plaintiff’s Second Amended Notice of Intent to Take Depo of Corp Rep of Religious Technology Center
MR1053-1061: Plaintiff’s Second Amended Notice of Intent to Take Depo of Corp Rep of Church of Scientology
MR1062-1064: Plaintiff’s Third Amended Notice to Take Oral Deposition of Monty Drake
MR1065-1067: Plaintiff’s Third Amended Notice to Take Oral Deposition of Steven Gregory Sloat
Beside the affidavits the most interesting document probably will be the court transcript from the hearing on 10-18-2013 because you can read what happened approx. when the cameras had to be switched off.
 

secretiveoldfag

Silver Meritorious Patron
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

Thanks, JB. You're doing an incredible job in the legal jungle.

Mandamus, as far as I understand it, seems a very weird and unwise tactic.
 

secretiveoldfag

Silver Meritorious Patron
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

I can't wait until one of the 'Whales' get wind of this court case and asks how much of the cult's money is being spent on it.

Not just the Whales. Other members can join the dots and divide by zero. Word will get around. This case is still in its infancy but it will probably go on for years.

And Rathbun is a name to conjure with (I never thought I would say that) :biggrin:
 

JBWriter

Happy Sapien
Re: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 2014

Thanks, JB. You're doing an incredible job in the legal jungle.

Mandamus, as far as I understand it, seems a very weird and unwise tactic.

It's a privilege to help; no thanks required. :)

For the latest, here's Mr. Ortega's latest on this Writ of Mandamus filing at The Underground Bunker: http://tonyortega.org/2014/02/19/wa...scientology-stalking-monique-rathbun-in-2010/ (FYI, on another thread, we were trying to figure out where the 2010 video footage was shot and now, thanks to Mr. Ortega, it seems the Rathbuns lived in 2 different homes in Ingleside-By-The-Bay before moving to Comal County. I hadn't known that before. Facts -- ya gotta luv 'em.)

A commenter @ The Underground Bunker ("TX Lawyer") and a few other sage minds over there seem to think filing a Writ of Mandamus in Texas isn't all that unusual and their 'take' on this seems correct/credible to me.

I've been checking the Appeals Court online docket for a few weeks now, in anticipation of TeamRTC-DM/TeamCSI filing something, and it's proved quite an education. What I haven't been able to determine is the average time it takes for the 3rd Circuit Texas Appeals Court to issue their opinion. There are 6 Justices - including the Chief Justice - and their response time varies too widely for me to make an educated guess.

The Appeals Court hadn't yet (as of last night) uploaded the rest of the documents - probably because they're such large files - so if/when someone here checks the site and sees a new upload, please let us all know. :)

JB
 

freethinker

Sponsor
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20

The burning question for me is how Wallace got such a low Bar number?


Wallace B. Jefferson
[email protected]
State Bar No. 00000019
 
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