DM MUST GIVE LIVE, UNRESTRICTED DEPOSITION in Monique Rathbun's suit!

[HelluvaHoax!]

<<< Miscavige ***finally***NAILED!

Friday 13th, 2013! Oh Happy Day!

 

[i'mglib]

Miscavige has been deposed before.

Surrounded with attorneys who objected, obstructed, and derailed, he made it through without cracking.

Now, hopefully, Ray Jeffrey will be prepared for what he's going to face in that deposition room. Getting his question answered, and not being thrown off, won't be easy.

This time, Jeffrey has a vastly greater amount of evidence and experience to draw upon.

So we shall see.

Indeed. This is a really good example of how it could go (back then with Heber Jentzsch and Graham Berry). Lot's of playing stupid and comm lags.

https://www.youtube.com/watch?v=UaQooX_g1WM

 

[HelluvaHoax!]

Are M&M obligated to accept a settlement if offered?

A settlement, by definition, requires both parties to agree to the consideration (cash) and other terms/conditions.

The COS (Crimewave of Scientology) would happily pay to get rid of this problem.

The only sticking point is not the parties' willingness to pay/accept cash--or the amount. It is the peripheral terms/conditions, such as confidentiality and participation in others' law suits.

 

[Karen#1]

A settlement, by definition, requires both parties to agree to the consideration (cash) and other terms/conditions.

The COS (Crimewave of Scientology) would happily pay to get rid of this problem.

The only sticking point is not the parties' willingness to pay/accept cash--or the amount. It is the peripheral terms/conditions, such as confidentiality and participation in others' law suits.

It is my opinion that even if a large cash settlement was accepted (imagine the PAIN, the AGONY of having to give your arch enemy, your nemesis lots of hard Cash $$$$$)

IF

A large cash settlement was accepted...

1) The injunction (Restraining order) would be permanent and they would never ever to be able spy, stalk, harrass, intimidate, do vigilante justice on Marty and Mosey again. Ahh the humiliation to ensure baby William Rathbun will live well...

2) That the Rathbuns would *NEVER* agree to close their blog

3) That Marty would retain his full rights to advising as a consultant on all future Legal cases !

Karma is not a bitch, if it appears mean and vengeful it is only settling the score of deeds previously done that appeared grossly unfair.

​

 

[NoName]

I'd rather see him spend 25 years with Bubba in the same cell, or maybe Charlie Manson; same size and all.

Davey and Charlie would make great twins for TR's and co-audits.

Too bad Charlie Manson decided that Scientology was too batshit crazy and blew shortly before that comparatively (to Scientology) sane clusterfuck of helter skelter.

 

[NoName]

A settlement, by definition, requires both parties to agree to the consideration (cash) and other terms/conditions.

The COS (Crimewave of Scientology) would happily pay to get rid of this problem.

The only sticking point is not the parties' willingness to pay/accept cash--or the amount. It is the peripheral terms/conditions, such as confidentiality and participation in others' law suits.

Look, at one of the very first hearings, one of the sixteen or so lawyers (for CSI, I think) offered to pay to make the problem go away. Obviously, that statement, made in open court, did not make the problem go away. For 99/100 plaintiffs, that would have been the end of the story. It wasn't the end of the story here.

Marty has said in the past that he would never take blood money. I realize that this is Mosey's case, but how many of us honestly believe this is about Mosey? I don't, and I actually know some people who have been pretty close to Marty in the past. I have not had any second-hand comm from Marty's camp since this started, but I'll tell you that Marty has had a hard on for exactly something like this for a few years now and nothing has changed about his not wanting to take blood money.

Marty ran a ton of litigation for the cult, and he has so much first hand knowledge about how they work that Davey better be shitting in his pants right now. Every aspect of this case, thus far, seems to have been surgically micromanaged by Marty to elicit the maximum amount of footnukery possible - From moving to Casablanca II and baiting them into stalking him there, to getting CSI to admit responsibility for the Squibs, right down to the threat of deposing Shelly Miscavige and Laurisse Schtuppindwarf today - really? REALLY??? It's beyond obvious that he anticipates every stupid idiotic cult maneuver and has an answer to things that would catch even the most seasoned litigator (like Ted Babbitt) off guard.

Watching this unfold - watching Davey step deeper and deeper into the trap that Marty has lain out for him - it's quite possibly the most beautiful thing I have ever seen. And I really do think that there is a very real possibility that it will lead to perjury charges for Davey, and possibly something along the lines of RICO. Because Marty's not in this for the money. He is obviously in this to exact revenge.

When fortune smiles on something as violent and ugly as revenge, it seems proof like no other, that not only does God exist, you're doing His will.​

 

[HelluvaHoax!]

…
This has probably been posted before on another thread, but what the hell---it's just too good to not put it up again.

The COS (Crimewave of Scientology) responds, on Radar:

UPDATE 8:34 a.m. PT — The Church has responded, telling Radar: “These discredited allegations are nothing more than the same tired myths spread for nearly five years by the same tiny clique of anti-Scientologists who remain obsessively bitter at having been expelled for malfeasance from their positions in the Church. Shopped to virtually every media outlet since 2009, these allegations are now being spread yet again to draw attention to a Texas lawsuit that is nothing more than a transparent get-rich scheme the clique hatched.”

And they give very damning snippets from various former Int Execs about Miscavige regularly assaulting & raining down beatings on staff.

The Miscavige mayhem has now (in addition to the original SP times coverage) begun spreading liberally to other media sources for wide-scale whistleblowing.

Pandora's Bridge has been opened. No closing it now. . .

 

[HelluvaHoax!]

Look, at one of the very first hearings, one of the sixteen or so lawyers (for CSI, I think) offered to pay to make the problem go away. Obviously, that statement, made in open court, did not make the problem go away. For 99/100 plaintiffs, that would have been the end of the story. It wasn't the end of the story here.

--snipped--

He didn't literally offer to pay anything--just suggested that the CSI was easily rich enough to resolve the matter, if needed. It was the first time I can recall that any church exec or lawyer ever threw the CSI under the proverbial Venusian locomotive.

When that happened, it was more than a subtle hint to RJ and Mosey that settling the matter with a healthy cash component was very much on the table. In any case, their goal has been since day one to keep COB out of this Wall of Fire. They don't give a shit about how much of parishioner's money they have to spend as long as COB is insulated from corporate and personal liability.

All things considered, the Lisa McPherson was a trial run at Miscavige and much was learned from what did and didn't work. But that was then. Now, it's 2013 and wide rivers of "data" about the real Scientology have come to light via the internet. Precious knowledge, because the COS has painted itself into so many conflicting corners, there is no way out.

And. . .

Ray Jeffrey is a damn litigating superhero.

Happy day! Go Mosey!

 

[Lermanet_com]

He didn't literally offer to pay anything--just suggested that the CSI was easily rich enough to resolve the matter, if needed. It was the first time I can recall that any church exec or lawyer ever threw the CSI under the proverbial Venusian locomotive.

When that happened, it was more than a subtle hint to RJ and Mosey that settling the matter with a healthy cash component was very much on the table. In any case, their goal has been since day one to keep COB out of this Wall of Fire. They don't give a shit about how much of parishioner's money they have to spend as long as COB is insulated from corporate and personal liability.

All things considered, the Lisa McPherson was a trial run at Miscavige and much was learned from what did and didn't work. But that was then. Now, it's 2013 and wide rivers of "data" about the real Scientology has come to light via the internet. Precious knowledge because the COS has painted itself into so many conflicting corners, there is no way out.

And. . .

Ray Jeffrey is a damn litigating superhero.

Happy day! Go Mosey!

Some IMPORTANT historical perspective re CSI:

Lawrence Wollershiem had a judgement against CSI for almost two decades before he got his money.
At one point (it was found out years after the fact) CSI moved something like 100 million into the UK to empty their US accounts.

Ken Dandar in the McPherson case, cut his own throat when he accepted an offer from Scientology at the start of that case, and did not mention it to the LMT, that Scientology would not Wollershiem HIM after he got a judgement against scientology..

What did Dandar give up in order to get this? He agreed to leave DM out of the Lisa Case!!

 

[NoName]

In the Indie circles I run in, the litigation superhero is referred to as "Sugar Ray".

 

[Magoo]

Miscavige has been deposed before.

Surrounded with attorneys who objected, obstructed, and derailed, he made it through without cracking.

Now, hopefully, Ray Jeffrey will be prepared for what he's going to face in that deposition room. Getting his question answered, and not being thrown off, won't be easy.

This time, Jeffrey has a vastly greater amount of evidence and experience to draw upon.

So we shall see.

Let's get this straight...Veda:
David Miscavige was Deposed
ONCE!

This happened with Bent Corydon..many,many years
ago. A LOT has happened since then, both things "Dave" has done or ordered,
and the way people view $cientology. The court systems no doubt have changed.

So we shall see. Can he get away with saying nothing?
Perhaps-----but IF history repeats itself, which it ALWAYS does
$cientology does, has and will continue to slam their feet into their mouths.

How? That's where the Tick Tock, Tick Tock comes in. I'm not sure....but I AM
sure we are on the right side of right

and "Dave" is definitely on the wrong side of right.

Take that, OSA Ops! And Dave? Remember: you can run...but you CANNOT HIDE!

To ALL here!

 

[HelluvaHoax!]

--snipped--

It is my opinion that even if a large cash settlement was accepted (imagine the PAIN, the AGONY of having to give your arch enemy,
your nemesis lots of hard Cash $$$$$)
​

Unpleasant for Miscavige, I am sure. But a few other factors come to mind:

1) It wasn't "hard" cash for him. It's easy money, provided by hard working cult automatons (aka "parishioners").

2) The cash component of the settlement won't cost Miscavige anything personally. He is well insulated by the cult's war chest and the payment won't even register as a blip on his personal financial radar.

3) Even if this falling domino ultimately triggers a succession of events that topple COB's reign of terror, he can quite easily retire to another post and take with him hundreds of millions of dollars. Now he wouldn't do that literally under his own name--but he would establish himself as the trustee and/or financial manager of the reserves--from which he could continue to embezzle funds and financial benefits, as he has always done.
​

I don't mean to paint a dark vision of Miscavige being in a win-win situation--because he is certainly not. His entire faux persona and worldwide reputation is at stake. He is rapidly becoming the laughing stock of world religions and this latest episode has irreversibly plummeted him into cult clown ignominy. That is very likely the most gruesome nightmare of all for a thug impostor who has strutted on the stage for decades, stealing the applause of adoring crowds for things he never did.

I think it is pretty easy to conclude that Miscavige's life has officially become a living nightmare. But I don't think it will deprive him of the means of living a jet set lifestyle, unless the US government steps in and begins freezing accounts in an effort to bring justice to the thirty year inurement feast that his gluttonous appetite has been feeding on, unfettered.

If I had to predict where this all leads to, I would invoke Hubbard's dire prediction that "…the world (of Miscavige) has at best five more years." I sense that Ray Jeffrey is just warming up to the task of a glorious Class Action Lawsuit brought on behalf of all former (defrauded) members.

Go Ray! We luv ya!

Go Mosey!

 

[Mimsey Borogrove]

Miscavige has been playing a calculated game the past 15 years. Raw meat in the US is expensive. They need to be audited enough to get wins before the hooks are set. And they often are not programmed enough not to blow when they see something weird. So he's ejected the US orgs in favor of real estate acquisition, and looked overseas for his staff.

The problem is, all the solutions to this kind of thing that the Co$ tried in the past were predicated on bodies in the shop. The Ideal Org strategy killed that, and suddenly DM is realizing why his mentor wanted a large corps at his beck and call. Downsizing was a squirrel move, and this time the tech actually had some thinking behind it, which Davy ignored.

So now he's screwed.

And I have a question. RJ caught DM's lawyers off balance with an unexpected left hook in bringing up the prospect of deposing Shelly.

Would not a haymaker be to request a deposition from Heber? Isn't he still nominally president of CSI, the entity being thrown under the bus? I don't think Heber is in any shape, mentally or physically, to be deposed, or even appear in public. I think that request might really send the Demented Midget round the bend.

And while I think Marty might settle, he doesn't need to settle just yet. This is going to hurt and humiliate DM, and that's part of Marty's goals, but here's the thing: based on the deposition, DM might even be called to the witness stand in a full trial. Marty can set up this preliminary humiliation AND still cut a deal, because if DM is called to Texas, the value of the payout just went way up, much more than is on the table right now.

This is only Act I, folks, and the shit could fly in a hundred different directions off of this fan.

A) this is Mosey's law suit - and she wants him to pay for what he has put her through - as in many millions. It has northing to do with Marty or taking down Scientology. It is not Marty's suit. She has her goals and they likely are not ours.
B) Shelly was David's closest confidant - Heber is in the Hole - he has no clue what DM has been up to while in there and likely is a broken man. That is why he's not on the list.
C) Laurese is the best for current knowledge, and Shelly for past knowledge.
D) We can hope and pray that Shelly is pissed he kicked her ass to CST somewhere north of nowhere and lets it all hang out in the deposition.

Mimsey

 

[HelluvaHoax!]

Let's get this straight...Veda:
David Miscavige was Deposed
ONCE!

This happened with Bent Corydon..many,many years
ago. A LOT has happened since then, both things "Dave" has done or ordered,
and the way people view $cientology. The court systems no doubt have changed.

So we shall see. Can he get away with saying nothing?
Perhaps-----but IF history repeats itself, which it ALWAYS does
$cientology does, has and will continue to slam their feet into their mouths.

How? That's where the Tick Tock, Tick Tock comes in. I'm not sure....but I AM
sure we are on the right side of right

and "Dave" is definitely on the wrong side of right.

Take that, OSA Ops! And Dave? Remember: you can run...but you CANNOT HIDE!

To ALL here!

Nobody can force him to answer questions.

But in a deposition, if he is evasive or non-responsive, that simply makes the job that much easier to reach a verdict in the trial and assess the damages.

Sometimes in a deposition, a refusal or non-answer to a simple direct question is the most damning of all.

 

[Magoo]

Tick Tock...Tick Tock.....

TIME is on ***Our*** side!

The rest? We will have to wait and see, but at this point, this
we KNOW: it'll be a damn good show!

 

[OTBT]

Waiting for DM's nattering in court, suppressing his missed withhold about his fear of public buggery.

http://www.xenu.net/archive/WIR/wir2-15.html

David Miscavige: Wait a second, I'd like to note for the record that Mr. Ward here, said he was doing TR 1.1. And I would just like that noted here. That is probably not understandable to someone who is not a Scientologist, but it is definitely an attempt to demean the Religion of Scientology and I'd like that noted for the record. This TR 1.1 refers to a writing by Graham Berry, where he states that he will start up a 1.1 club, including, qualifications for this for non homosexuals, is that there will be a public buggering of the leaders of Scientology. Buggering of course I think you know that it refers to sodomy and that is I understand what the 1.1 club is. I think that's what Mr. Ward was stating that in reference to. I'd also like to state for the record. I believe I've taken about a minute to state that and I'm willing to give them an extra minute so that it doesn't come off their time.

Grady Ward: For the record I have no idea why --

Yingling: Mr. Ward this is not --

Grady Ward: I'm sorry, I do get to respond to that ma'am. He's accusing me of accusing him of vile words which he has put into the record, which I am shocked that he would put such vile words into the record. But for the record, I'm just looking at him. And he's the one that asked me what I'm doing and he just said this is TR something. So of course, since I know how much Scientologists are fond of humorous situations, I gave him a humorous answer and I have no idea what he's talking about Graham Berry's and other vile words that he said which I'm glad I didn't put on the record, as he did.

David Miscavige: Just so we have a record here and I don't care to engage in argument and I'd like the record to reflect that we've probably both been quite cordial with each other. But in reference to that, as Mr. Ward states, he has no idea what I'm referring to, the reason I was lead to believe that he would know about this is because Mr. Ward - I have seen postings from him, describing the various sexual acts that he has me engaged with various male members of the Scientology Religion, attorneys and so forth. And again, I won't state here what that is, but he has already been ruled to be disgusting by the judge.

Mr. Hart: and let the record reflect that both Mr. Henson and Mr. Ward are snickering.

Grady Ward: Let the record that William M. Hart is not well shaved and he looks like a ruffian and is causing a disruption of the deposition.

 

[Magoo]

PS:

There are some amazingly talented critics amongst us, thankfully many
of them are very funny! This is one I found on Tony Ortega's Blog today, by RBE:
http://a.disquscdn.com/uploads/mediaembed/images/744/5008/original.jpg

YSCOSB is actually s/t David Miscavige has said to Sea Org Members.
It means: You Suck Cock on Hollywood Blvd.

And this is the same man who tried to have himself compared
TO THE POPE???! Way Jose!

Love to you all

 

[SweetnessandLight]

:dancer:http://tonyortega.org/2013/12/13/te...ntology-leader-david-miscavige/#disqus_thread

Excerpt from the Bunker:

Miscavige had argued that he had nothing to do with the harassment campaign that Monique alleges made her life miserable over the past four years. And although one church entity, the Church of Scientology International, has admitted to running that campaign, Miscavige claims that he has nothing to do with CSI and instead only runs a different church entity, the Religious Technology Center (RTC), and should be let out of the lawsuit. Monique argues that he runs all aspects of Scientology, and she should have the ability to depose Miscavige before Judge Waldrip can make a decision about Miscavige’s request to be let out of it.
Today, Waldrip agreed.


He's gonna have to participate in a LIVE deposition!

Zippedy Doo Dah!!! Calloo ~ Callay.... at last!!!

 

[oneonewasaracecar]

Unpleasant for Miscavige, I am sure. But a few other factors come to mind:

1) It wasn't "hard" cash for him. It's easy money, provided by hard working cult automatons (aka "parishioners").

2) The cash component of the settlement won't cost Miscavige anything personally. He is well insulated by the cult's war chest and the payment won't even register as a blip on his personal financial radar.

3) Even if this falling domino ultimately triggers a succession of events that topple COB's reign of terror, he can quite easily retire to another post and take with him hundreds of millions of dollars. Now he wouldn't do that literally under his own name--but he would establish himself as the trustee and/or financial manager of the reserves--from which he could continue to embezzle funds and financial benefits, as he has always done.
​

I don't mean to paint a dark vision of Miscavige being in a win-win situation--because he is certainly not. His entire faux persona and worldwide reputation is at stake. He is rapidly becoming the laughing stock of world religions and this latest episode has irreversibly plummeted him into cult clown ignominy. That is very likely the most gruesome nightmare of all for a thug impostor who has strutted on the stage for decades, stealing the applause of adoring crowds for things he never did.

I think it is pretty easy to conclude that Miscavige's life has officially become a living nightmare. But I don't think it will deprive him of the means of living a jet set lifestyle, unless the US government steps in and begins freezing accounts in an effort to bring justice to the thirty year inurement feast that his gluttonous appetite has been feeding on, unfettered.

If I had to predict where this all leads to, I would invoke Hubbard's dire prediction that "…the world (of Miscavige) has at best five more years." I sense that Ray Jeffrey is just warming up to the task of a glorious Class Action Lawsuit brought on behalf of all former (defrauded) members.

Go Ray! We luv ya!

Go Mosey!

You may well be right. In a way I hope you are right. It will be 5 very entertaining years. In another, it is 5 years of suffering for many still disconnected.

I am not sure it will last that long. If they get Shelley away from DM it could be over in a second.

There is a sense that I am getting over the past months: that there is a serious acceleration in decline. The Debbie Cook email, the South African defections and the enormous amount of press and court cases.

Serious news like we have been seeing lately has been filling every week for months. That hasn't been the case before. During the time when the Jan Eastgate court case took place, we saw events once per month.

There is an absence of OSA staff (which may be due to orders because of the Mosey case) and indications that the celebs are either distancing themselves or blown (Only 3 celebs at the opening of Super Power and Leah Remini's comments about not wanting to be declared so that she can still speak to other celebrities who are on the fence).

Scientology has few people left to run OSA ops and the field of candidates is rapidly increasing. Shelley Miscavige's disappearance is becoming better and better understood and many public who are in good standing are fraternizing with freezoners.

I don't think the war chest could take a number of class action lawsuits, and that is exactly where this is going. No one really know how big the war chest really is. They have been running at a loss for decades now.

The Soviet union was obviously in decline, but when the end came, it popped like a bubble. I suspect when the end comes for Scientology, the timing will be a surprise to everyone.

Hopefully, this comes as a surprise to David Miscavige as well. I'd hate for him to get away.

 

[JBWriter]

Re: David Miscavige MUST GIVE LIVE, UNRESTRICTED DEPOSITION in Rathbun's suit!

No. Then DM could offer a dollar and be done. There is no means in the American justice system to adjudicate what is enough in return for what Mosey suffered, so they remain free agents to accept or reject any offer.

The only exception would be if they both agreed to third party arbitration.

I don't see that happening on either side.

Re: Bolded above.

Per Wikipedia, FindLaw, and many other online resources which provide credible legal content, the Rules of Civil Procedure in Texas, as in many other states, provide the mechanism to encourage settlements in civil litigation.

It's commonly referred to as the "Offer of Settlement Rule" - in Texas, it's Rule 167 - and if a "reasonable settlement offer" is rejected by Party A, then Party A will have to pay for Party B's litigation costs.

A Texas law firm, TKLAW-dot-com explains it well:

"Once a defendant invokes Rule 167 any reasonable settlement offer that's rejected in pre-trial negotiations will result in the rejecting party paying its opponent's litigation costs. A reasonable settlement offer is one not "significantly less favorable" to the offeree than the actual judgment at trial."

So, generally speaking, let's say CSI/RTC invokes Rule 167 and offers Mrs. Rathbun $10 million dollars.
If she rejects that offer AND there's a trial AND she's awarded $1 million dollars, Rule 167 says she has to pay for CSI/RTC's litigation costs.

EDIT: A terrific article from the Texas Bar Association describes the nuts & bolts very well - Google: "Texas Rule 167" and the link to the 4-page pdf is about 3rd from the top.
JB