February 3, 2014, Hearing - M. Rathbun v. CSI, RTC, Miscavige

TG1

Angelic Poster
Thanks Karen#1 (and Mr. Bennitt, of course!) for posting the link above.

Is the woman in the teal/bright aqua blue shirt, sitting in the gallery, Joanne Wheaton?

JB


Yes, thanks to Karen for posting the link to Mike Bennitt's pix here. They are great.

Yes, JBWriter ... I believe that the woman sitting between Ed Bryan (who fidgets like a three-year-old in some of these pix) and John Allender is Joanne Wheaton.

The two Austin Org DSA operatives remind me of Nazi work camp guards.

Warren McShane looks like he would burst into flames if sunlight touched his skin.

Lamont Jefferson definitely looks like the stress is wearing on him. Missed some gym appointments lately, has he?
 
But he was not there today....my bet - he did a little research on Scientology, saw how they roll in court, and that they are a criminal cult hiding behind the "religious cloak" and bowed out...if he has any integrity!

It's more likely the losing that's bothering him, not the criminality or the integrity.
 
Only about 20% of the fallout to the defense lawyers will be disrepute. And about 80% of the response will be extraordinary promotion and expansion for their firm.

After OJ Simpson murdered two innocent people and got away with it, lead defense counsel Johnny Cochran's fame soared and his law firm's revenues skyrocketed. Yes, this is true - he made lots of MONEY off of this...but look at what happened to Johnny Cochran within 10 years after he helped the murderer get away with the crime - HE DIED of a brain tumor at the age of 67.
"In April 2004, Cochran underwent surgery, which led to his staying away from the media. Shortly thereafter, he told the New York Post he was feeling well, and that he was in good health. He died at his home in Los Angeles on Tuesday, March 29, 2005 from a brain tumor

Robert Kardiashian - another scum bag attorney that helped OJ go free - died of cancer 9 years after he sold his soul to the devil
Robert Kardashian, a Lawyer For O. J. Simpson, Dies at 59
Robert Kardashian, a businessman and lawyer who was ... died on Tuesday at his home in Los Angeles. He was 59. He died eight weeks after learning he had cancer of the esophagus,

Now one scum bag attorney dies of a brain tumor and the other of mouth cancer....[SUP]oh the irony![/SUP][SUP]

Scientology attorney's are selling their souls to the devil and the karma has got to be pretty intensely gross. Most attorney's end up drunken fools w/ no friends! Who would ever want to be good friends with these scum buckets?




[/SUP]

There should be people dropping like flies, of brain tumours and such, right now.
 

JBWriter

Happy Sapien
Thanks for posting this here, TheSloth.

On the video above, @ 8:55, the discussion between the attorneys and Judge Waldrip confirms a very important fact:

The hearing portion re: the original Anti-SLAPP Motion to Dismiss MUST be concluded by February 15, 2014.
Because February 15, 2014 falls on a Saturday, (when the court is closed) the deadline would normally be extended to Monday, February 17, 2014.
Except Monday, February 17, 2014 is Presidents Day - a US holiday - and the court is closed.

Therefore, the deadline for the hearing portion related to the Anti-SLAPP Motion to Dismiss is Tuesday, February 18, 2014.

From what they said, all agreed that the Court has 30 days from February 18, 2014 to issue his ruling on the Anti-SLAPP Motion to Dismiss.
So, unless the Court grants an extension* to the February 18, 2014 hearing deadline, Judge Waldrip may issue his ruling on the Anti-SLAPP Motion to Dismiss beginning on February 19, 2014.

*Which is possible, since Ray Jeffrey has filed at least one Motion asking for just that.

I'll update the calendar after tomorrow's hearing when we (hopefully) get additional information.

Thanks to everyone who posted in this thread today -- such smarties, all! :thumbsup:

JB

Just to put a fine point on this...

February 18, 2014 is the date that the hearing portion in connection to the original Anti-SLAPP Motion to Dismiss ends.
From that date, the Judge has 30 days within which to issue his ruling. (Feb 18, 2014 + 30 days = March 20, 2014. Or so*.)

As of today, early morning on February 4, 2014, NO extension of the hearing portion has been granted.

What are we rooting/hoping for today? (<---And any day between now and February 18, 2014, actually.)

Best Case Scenario: That Judge Waldrip will get ALL of the attorneys to agree that's it's in everyone's best interest to extend the time allotted for the hearing portion and a new date is set.

2nd Best Case Scenario: That Judge Waldrip will agree with Plaintiff's Motion For Continuance and issue an Order that extends the time allotted for the hearing portion. (If such an Order is issued, will it be objected to/appealed? Probably.)

Given the way the Texas Anti-SLAPP statute is written, the Judge has a teeny amount of wiggle room to extend the time allotted for the hearing portion in connection with the Anti-SLAPP Motion to Dismiss, but he has ZERO wiggle room about having only 30 days thereafter to issue his ruling.

*I used 30 plain calendar days to calculate a due-by date, which may well be incorrect per the Rules of Civil Procedure in Texas. They might mean calendar-days-less-US-holidays, or business days only, etc.

JB


EDIT:
From the Dallas Bar Association's website: http://www.dallasbar.org/content/texas-anti-slapp-law-new-procedure-allows-early-dismissal

Excerpt: (My comments in red.)

At the hearing, the court considers the pleadings and supporting and opposing affidavits. If the defendant establishes by a preponderance of the evidence that the plaintiff’s legal action is “based on, relates to, or is in response to a party’s exercise of the right of free speech, right to petition, or right of association,” the burden shifts to the plaintiff to establish by “clear and specific evidence a prima facie case” for each essential element of its claim. (<---Where we are today. This is what Mr. Weigand will try to make the judge see.)


“Clear and specific evidence” is undefined in the TCPA and without precedent in Texas law. Legislative history suggests it was derived from the standard used in “reporter’s privilege” cases, in which situations it falls in significance somewhere between preponderance of the evidence and clear and convincing evidence. However, the courts have yet to issue guidance on this burden of proof in the TCPA setting. (<---This paragraph explains how difficult it will be for Mr. Weigand to do his job today, since the legal standard he has to meet is not even defined/fully established.)


If the plaintiff fails to prove by clear and specific evidence each essential element of its claim, the trial court has no discretion but to dismiss the legal action brought against the defendant. The TCPA also mandates that the trial court shall award to the defendant both attorneys’ fees, costs, and other expenses and sanctions against the plaintiff. The largest known sanctions to date—$15,000, and $15,000 in attorneys’ fees—were awarded by a Dallas judge in April 2012 in the case of a homeowner sued by his mortgage company for comments critical of its services that he posted on the Internet. (<---If Mr. Weigand/Mrs. Rathbun's attorneys fail to meet this undefined standard, the Judge has NO wiggle room except to dismiss the case AND award attorneys fees, etc.)


Finally, if the court fails to rule on the motion within thirty days after the hearing, the moving party may appeal as the motion is considered to have been denied by operation of law. The scope of TCPA appeals is currently under review by the courts, notably in Jennings v. Wallbuilder Presentations, Inc., 378 S.W.3d 519.
 
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Lone Star

Crusader
Yes, thanks to Karen for posting the link to Mike Bennitt's pix here. They are great.

Yes, JBWriter ... I believe that the woman sitting between Ed Bryan (who fidgets like a three-year-old in some of these pix) and John Allender is Joanne Wheaton.

The two Austin Org DSA operatives remind me of Nazi work camp guards.

Warren McShane looks like he would burst into flames if sunlight touched his skin.

Lamont Jefferson definitely looks like the stress is wearing on him. Missed some gym appointments lately, has he?

There's only one Austin DSA and she is not in any of these pictures. She never comes in the courtroom. Yesterday was the first time she came into the building. She parked herself on the bench directly opposite the entrance of the courtroom.

One thing I forgot to mention yesterday is that a female attorney has now joined the Rathbun team. She addressed the SLAPP law yesterday, and will be giving a presentation today. It appears that she's a "SLAPP Specialist" and seems very sharp. I never did get her name.


EDIT: While there is only one local DSA, there are a handful of OSA volunteer operatives who "work" these hearings. To my knowledge none of them are in the pictures taken by Bennitt. It's possible that there are new operatives that I've never seen before this week.
 
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Pooks

MERCHANT OF CHAOS
There's only one Austin DSA and she is not in any of these pictures. She never comes in the courtroom. Yesterday was the first time she came into the building. She parked herself on the bench directly opposite the entrance of the courtroom.

One thing I forgot to mention yesterday is that a female attorney has now joined the Rathbun team. She addressed the SLAPP law yesterday, and will be giving a presentation today. It appears that she's a "SLAPP Specialist" and seems very sharp. I never did get her name.


EDIT: While there is only one local DSA, there are a handful of OSA volunteer operatives who "work" these hearings. To my knowledge none of them are in the pictures taken by Bennitt. It's possible that there are new operatives that I've never seen before this week.


This is an older pix of DSA Cathy Norman


http://www.solitarytrees.net/pickets/gs05.jpg
 

koki

Silver Meritorious Patron
There's only one Austin DSA and she is not in any of these pictures. She never comes in the courtroom. Yesterday was the first time she came into the building. She parked herself on the bench directly opposite the entrance of the courtroom.

One thing I forgot to mention yesterday is that a female attorney has now joined the Rathbun team. She addressed the SLAPP law yesterday, and will be giving a presentation today. It appears that she's a "SLAPP Specialist" and seems very sharp. I never did get her name.


EDIT: While there is only one local DSA, there are a handful of OSA volunteer operatives who "work" these hearings. To my knowledge none of them are in the pictures taken by Bennitt. It's possible that there are new operatives that I've never seen before this week.

me lovez joker card.... :coolwink:
 

JBWriter

Happy Sapien
Yes that's her. She's Cathy Sullivan now. Her prior hubby dropped his body. Probably in a nice Scientology family now with his new one.

Although I'm not sure how high up the bridge he was. He could be stuck on the sticky pole!!

:roflmao:

Are you going to start a new thread for today's hearing, LoneStar?

Also - congrats on your new phone!

JB
 

Lone Star

Crusader
Are you going to start a new thread for today's hearing, LoneStar?

Also - congrats on your new phone!

JB


I'll let someone else start a thread. I ended up figuring out the problem with my phone and will be keeping it after all.

Not sure if I'll be going down to the hearing today. If I do it will be for the afternoon session.
 

JBWriter

Happy Sapien
I'll let someone else start a thread. I ended up figuring out the problem with my phone and will be keeping it after all.

Not sure if I'll be going down to the hearing today. If I do it will be for the afternoon session.

Thanks, LoneStar. <----Awesome correspondent :clap::clap::clap:

If I don't see a new thread for today's hearing started this morning, I'll start one in an hour so you'll have a place to post if you do attend the hearing later today. :)

/derail

JB

EDIT: Here's the new thread link for today's hearing: http://www.forum.exscn.net/showthre...h-2014-Hearing&p=900474&viewfull=1#post900474
 
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aegerprimo

Summa Cum Laude
Thanks, LoneStar. <----Awesome correspondent :clap::clap::clap:

If I don't see a new thread for today's hearing started this morning, I'll start one in an hour so you'll have a place to post if you do attend the hearing later today. :)

/derail

JB
Here is the first live post at the Underground Bunker today...

9:22 am
Talked to Ray Jeffrey this morning. He tells me that Marc Wiegand and Leslie Hyman will be arguing against the anti-SLAPP motion today starting at 11 am Eastern.

But he thinks it’s likely that things won’t wrap up today. He explained that the arguing over anti-SLAPP can keep going all the way until February 18 or even longer, and Judge Waldrip will then have 30 more days to issue a decision once the hearing is completed.

Scientology’s attorneys have repeatedly brought up dates by which time things should be completed, but Judge Waldrip has questioned those readings of the statute. So this may take longer than we initially believed. Hey, it’s his court.
 

aegerprimo

Summa Cum Laude
Someone else will have to take over from here because I'm about to step out for a very important appointment.
 

Lone Star

Crusader
Here is the first live post at the Underground Bunker today...

9:22 am
Talked to Ray Jeffrey this morning. He tells me that Marc Wiegand and Leslie Hyman will be arguing against the anti-SLAPP motion today starting at 11 am Eastern.

But he thinks it’s likely that things won’t wrap up today. He explained that the arguing over anti-SLAPP can keep going all the way until February 18 or even longer, and Judge Waldrip will then have 30 more days to issue a decision once the hearing is completed.

Scientology’s attorneys have repeatedly brought up dates by which time things should be completed, but Judge Waldrip has questioned those readings of the statute. So this may take longer than we initially believed. Hey, it’s his court.

I was just about to say that Leslie Hyman is the new attorney's name for Mosey. She's very impressive. Also yesterday there was another helper at the Rathbun atty table. He was mostly assisting Marc Wiegand during his presentation. Probably a para-legal or an apprentice.
 

Lermanet_com

Gold Meritorious Patron
When you think about it, Operation Snow White, directed by Hubbard, was a similar culling of documents and evidence. And the IRS blessing was won by legal overwhelm and intimidation. What a fucking evil racket Scientology turned out to be!

In Doug Franz's article
Scientology's Puzzling Journey From Tax Rebel to Tax Exempt
By DOUGLAS FRANTZ
Published: March 9, 1997

Regarding fair game and snow white:

'There is nothing like that,'' said Elliot J. Abelson, the church's general counsel. ''It doesn't happen.''
 
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