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

Lone Star

Crusader
Re: Justices of Texas Third Court of Appeals

I don't know which judge(s) will hear Monique's case today.

But the panel of Justices of the Court of Texas's Third Court of Appeals can be viewed (with links) at:

http://www.3rdcoa.courts.state.tx.us/court/justices.asp

I think TX Lawyer said it will be a three judge panel. If that's the case then I'd like the panel to be Jones, Goodwin, and Rose.

In fact it will be. I will make it so. I'm OT3peeO. My powahs are undeniable!
 

Jump

Operating teatime
Re: Justices of Texas Third Court of Appeals

I think TX Lawyer said it will be a three judge panel. If that's the case then I'd like the panel to be Jones, Goodwin, and Rose.

In fact it will be. I will make it so. I'm OT3peeO. My powahs are undeniable!


And it was so recently 5 /4/14 May the 4th be with you!

:coolwink:
 

Udarnik

Gold Meritorious Patron
Re: Rathbun v Miscavige - Mandamus Appeal Re: Order to Depose Miscavige

WHAT? A few years ago, I made a joke here on ESMB, saying that I'd prefer the Czech spelling: "Dawitch Miczciewicz". I can't believe that I unintentionally got so close to the truth. :faint:

I thought the family was Polish / Lithuanian?

Liets are tall, I wonder where Davy's part of those genes went?
 

JBWriter

Happy Sapien
Re: Justices of Texas Third Court of Appeals

I don't know which judge(s) will hear Monique's case today.

But the panel of Justices of the Court of Texas's Third Court of Appeals can be viewed (with links) at:

http://www.3rdcoa.courts.state.tx.us/court/justices.asp

From The Underground Bunker, TXLawyer's comments were cross-posted here (this thread, post #103):

Litigation Update: The Austin Court of Appeals has set oral argument in the Miscavige mandamus for April 9 at 1:30 pm. 20 minutes of argument per side, in front of Justices David Puryear, Melissa Goodwin, and Scott Field. All three are Republicans. Fell free to google them, but I'm not a fan of any of them.

It is, in my experience, unusual to have an appellate court set argument before the responding party's brief has even been filed.Looking back over the opinions released by the court in the last couple months, I see that the same panel has granted mandamus relief at least twice, and Puryear and Goodwin were on another panel that also granted mandamus. Notably, one of those mandamus cases rejected the plaintiffs' attempt to take two "apex depositions" on the grounds that they had not shown the execs had any special knowledge of the case (which alleged a company was responsible for wildfires that occurred in Bastrop a few years back). Justice Field wrote separately to say that one of the two witnesses was a closer call, in his estimation, but the record didn't quite support that depo either.

Hopefully, Team Monique has sufficient evidence to get past this, but I wouldn't be happy with either the quick setting or the panel

Also, Smurf provided links for additional info about these individuals (this thread, Post #104):


JB
 

JBWriter

Happy Sapien
Re: Rathbun v Miscavige -- Mandamus Petition (Appeal) - Link For 4/9 Hearing Thread

Just wanted to let everyone know that our own LoneStar (<----:clap:) has posted that there will be 4 (or more) extra sets of eyes/ears in the Austin courtroom for the hearing on Wednesday, April 9, 2014 @ 1:30 p.m.

The appellate panel is tasked with deciding whether Judge Waldrip's Order to have Captain David Miscavige (nee Miskiewicz) narrowly deposed is an abuse of his (Waldrip's) discretion.

TeamRTC+DM is also expected to argue* that neither RTC nor DM are legally required to remain as named parties in this lawsuit because they are beyond the legal jurisdiction of Judge Waldrip's court.
In their filed papers, TeamRTC+DM attorneys referred to their clients as Special Appearance Defendants ("SAD"). <-----:yes:LOL.

Musing about the hearing itself, I can't wait to hear how the TeamRTC+DM attorney explains that, on the one hand, DM should not be deposed because he's a "pope" but, on the other hand, he's already been deposed in another civil litigation. That explanation requires tap shoes, folks.

This Petition was filed on Valentine's Day and roughly 7 weeks later it's set for a hearing.
That's relatively quick...but then, there's nothing in the Rules that says the appellate panel has to issue their ruling by a certain date.
Still, I think this ruling will come before June 15, 2014.
And I think they will rule against TeamRTC+DM.

Popcorn @ the ready,

JB

ETA *They're going to try to argue this point even though it's not 'technically' ripe for this hearing.

Okay - this thread basically covered the original filing of the Petition for Writ of Mandamus (appeal) re: Judge Waldrip's Order to compel David Miscavige to be (narrowly) deposed.

After the Petition papers ^^^ were filed, a hearing was scheduled for today, April 9, 2014.
Here's a link to the ESMB thread that covers what happened @ today's hearing in Austin @ the Texas 3rd Circuit Court of Appeals: http://www.forum.exscn.net/showthre...position-Order&p=923050&viewfull=1#post923050

Per today's The Underground Bunker, Tony Ortega spoke with Mrs. Rathbun's counsel and they believe the appellate panel may issue their ruling within the next 60 days or so. :)

Chances are, when the appellate panel's ruling is finally issued, a new ESMB thread will be started. :thumbsup:

So.

While we wait over the next 2 months for the appellate panel to decide on this Petition originally filed by attorneys for RTC & DM ("TeamRTC+DM")...

...look for lots of appellate-level activity in connection with the other appeal, filed by attorneys for CSI, Sloat, Lubow, & Bryan ("TeamCSI&Co") re: Judge Waldrip's denial of the Anti-SLAPP Motions to Dismiss in the days/weeks ahead.
TeamCSI&Co recently filed this interlocutory appeal and included in their paperwork is a notice that this particular interlocutory appeal fully entitles a complete "stay" of all activities @ the Trial Court level. <---Meaning --barring an unforeseen development, everything stops in Judge Waldrip's court until after the 3rd Circuit issues a ruling about this interlocutory appeal. The current ESMB thread for the Anti-SLAPP-related appeal is here: http://www.forum.exscn.net/showthre...ons-to-Dismiss&p=921631&viewfull=1#post921631

Upside?
Judge Waldrip gets a breather. Wonder if he'll have time to skim the Co$ tax documents featured at RadarOnline. :whistling:

JB
 
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