Monique reportedly fires her legal team.

lotus

stubborn rebel sheep!

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tetloj

Silver Meritorious Patron
He's got more drama coming. I just saw a comment he posted saying "stay tuned". Again, hinting at something concrete and giving nothing.

It's kind of like hinting at new higher levels that will give you those special powers you have been promised for 5 decades. :yes:
 

afaceinthecrowd

Gold Meritorious Patron
Marty Rathbun is acting just like a guy that used to work at the top echelons of an evil cult,

next to a dictator that will stop at nothing to silence its critics...

who has been paid off big time in exchange for bashing one of Scientology's biggest and baddest SP's - Tony Ortega

who has fired his attorney's (a ruse)

and will never ever discuss the law suit again

The attorney's will eventually get paid

Marty will justify his blood money with his bride and baby now taking up his "purpose" in life

and will fade into the sunset much like Debbie Cook and other gagged ex Sea Org Management that escaped Scientology.

It Keeps Scientology Working! :yes:

It sucks big time!:no::nervous::bigcry::grouch: because people get hurt to pay off these goons that think they are hot shit cuz they worked next to evil.

What I would like to know is why is Mike Rinder not allowing any questions about this on his blog?

Did he get some money too?

You can never out estimate the evil doings of Scientology and those that worked next to the devil hisself.

I think Rinder is trying to keep his Blog Site as cool, calm, collected and "clean" as possible. Marty is a lighting rod or, more accurately, a shit storm rod and his shtick, grandstading and attitude would trash up Rinder's Blog if he inadvertently lets it in via the "backdoor". Marty's Persona is not compatible with Rinder's refined style, satire and wit . Just my opinion.
 
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tetloj

Silver Meritorious Patron
Ooh TXLawyer back in the Bunker, nixing popular theories:

http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2659164311
Litigation fatigue alone is probably not an adequate explanation for what happened here.Monique didn't just dismiss the lawsuit, or seek a quick and cheap settlement. She fired her legal team, then waited around another 4+ months to see what the Texas Supreme Court was going to do, THEN finally started taking steps to make the case go away.
And all of that happened at a point in the litigation where (1) Scientology was 100% prohibited from doing anything to harass the Rathbuns, (2) the Rathbuns hadn't had to actively do anything in the lawsuit for almost two years, since the whole thing was stayed while on appeal, leaving only the appellate lawyers to do any real work, and (3) THEY WERE OBJECTIVELY WINNING.
Apologies for the all-caps, but come on. This was probably not motivated, at least solely, by litigation fatigue.
http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2658605892
deathtoallpoliticians because, after practicing family and contractual law for many years now, this pattern of behavior indicates to me that there is a secret settlement in place. why do you think such an outcome is impossible?
TX Lawyer Not impossible. Just implausible in light of all available evidence. It's also not impossible that the ghost of LRH returned to Earth, gave Marty his eternal blessing, and asked him to immediately fire the legal team and wait several months before getting around to asking to dismiss the lawsuit. Not impossible.

http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2658478422
deathtoallpoliticians TonyOrtegai cannot believe it, mr. ortega. my thought is that part of the secret settlement between the parties is the stipulation that (wink, wink) there was no settlement.
TX Lawyer That would be a stipulation that none of the highly competent attorneys on the church's side of the case would EVER allow their client to make. I would never expose my ass to being sued on such a ridiculously obvious - and readily provable! - conspiracy to defraud my opposing counsel out of a fee agreement. And beyond the personal liability, I would assume there is a damned good chance my license to practice would be yanked if I allowed my client to do something like that without addressing the matter to the court.
I am personally and professionally familiar with several of the attorneys on the church's side of this case. They are not stupid, unethical, crazy, or willing to risk professional suicide
http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2658574840
gtsix
If she never intended to seek compensation, taking lawyers on contingency is.... rude. Pay the lawyers fees Rathbuns.
TX Lawyer gtsixTheoretically, they could sue for the value of their work based on prevailing hourly rates in similar cases in the area. Realistically, that's never going to happen. The best defense against any big lawsuit is not having any money.

Not sure how this will appear so will try and tidy up formatting after posting
 
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CommunicatorIC

@IndieScieNews on Twitter
Re: There was a settlement. Period.

I confess that I don't think well with legal matters and language.

Not sure exactly how "settlement" is defined legally, however it seems "Texas Lawyer" also used it the same way as Marty.

"Our Texas legal expert, an attorney who has handled appellate matters there and goes by the handle “TexasLawyer,” had told us that it appeared to him the case was ending without a settlement, even though many of our readers have assumed that the Rathbuns must have worked out some kind of financial agreement with Scientology after news broke in February that Monique had fired her entire legal team in the three-year lawsuit."

https://en.wikipedia.org/wiki/Settlement_(litigation)

http://tonyortega.org/2016/05/04/sc...pose-monique-rathbuns-plans-to-ditch-lawsuit/
Texas Lawyer seems to be assuming that a settlement must call for the payment of money and/or have some required level of formality. It doesn't.

A settlement does not have to call for the payment of money.

A settlement does not require any given level of formality.

A settlement is simply a mutually agreed upon resolution of a legal action (lawsuit) resulting in the dismissal of that lawsuit.

I am confident that is what happened here.

Also, Texas Lawyer and some others seem to assume that "the primary purpose that the lawsuit was originally intended to serve" was the payment of money from the Church of Scientology to Monique Rathbun. In most cases, that is the primary purpose of a civil lawsuit, but that was not the primary purpose of this lawsuit. The primary purpose of this lawsuit was the termination of the Church of Scientology's harassment of Monique Rathbun. (Recall she obtained a temporary restraining order and temporary injunction.) It appears she has obtained that primary purpose -- the termination of the Church of Scientology's harassment of Monique Rathbun.

Does anyone seriously think the COS is going to start harassing the Rathbuns again once the legal action and temporary injunction are dismissed?
 

freethinker

Sponsor
Marty is up to something and DM's vengeance of a 10 year old is shining right through it. First he fucks up the most effective legal team against Scientology I've seen and now he's throwing javelins at Tony Ortega, the most effective journalist against Scientology I've seen.

The "effectively accomplished what we could have without them" comment sticks out like a Scientology op painted blazing red.

There is something going on and Marty has an ominous smell coming from him right now.

None of this makes sense unless you add Scientology to it and then it all makes sense.

Whatever Monique accomplished was accomplished before the case was filed.

Ruin the lawyers and ruin the journalist was the deal.

This has DM painted all over it.

Scientology deals in ruin, ruin anything that gets in your way. That is the world of Scientology.
 

tetloj

Silver Meritorious Patron
And more:
http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2659192869

Captain MustSavage TX Lawyer
Tx Lawyer, wasn't there a ruling in this case that amounted to Judge Waldrip saying that scientology was a business?
If the case had gone ahead, would there have been a chance that this ruling might have had some significant implications for scientology? I've been wondering whether the decision to drop the case might have something to do with that. e.g. the first independent church of scientology has just been set up and I'm wondering if that ruling posed a danger to the indie movement and to possibly to Marty, who has in the past at least, made an income by providing scientology counselling.
TX Lawyer Captain MustSavage
Yes, if memory serves, you are correct about the trial court's ruling. The court of appeals upheld the decision on different grounds, but I do believe that was part of Judge Waldrip's order.
But there is no possibility that ruling would have been binding on any other court, much less the IRS.
 

tetloj

Silver Meritorious Patron
It's theory whack-a-mole day:

http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2658525262

hansje brinker TonyOrtega7 hours ago
Well, maybe the Rathbuns have got a better source of income: Although it is announced in the movie of Theroux that Marty isn't paid for it, I can imagine that they (Marthy and Theroux) have made a deal about it.: For each movie in a film-house a certain percentage from the proceeds; transfered to Monique.
With that they finished the whole scientology-shit.......................

 

tetloj

Silver Meritorious Patron
Re: There was a settlement. Period.

The primary purpose of this lawsuit was the termination of the Church of Scientology's harassment of Monique Rathbun. (Recall she obtained a temporary restraining order and temporary injunction.) It appears she has obtained that primary purpose -- the termination of the Church of Scientology's harassment of Monique Rathbun.

Anyone who has attorneys on contingency with an appellate team racking up a million dollars (time and effort) would have to have been on board with a financial damages claim. This case could not have been started without the understanding that a damages claim would be paying for the expertise. This is what was required to ensure the harassment concluded.

From the very start - in the suit that was filed - substantial damages have been part of the claim

Does anyone seriously think the COS is going to start harassing the Rathbuns again once the legal action and temporary injunction are dismissed?

Absolutely. There is no incentive to stop. DM is a malicious petulant child. Why on earth would he want to stop making Marty's life a misery?
 

CommunicatorIC

@IndieScieNews on Twitter
Ooh TXLawyer back in the Bunker, nixing popular theories: http://tonyortega.org/2016/05/04/sci...ent-2658478422
deathtoallpoliticians
i cannot believe it, mr. ortega. my thought is that part of the secret settlement between the parties is the stipulation that (wink, wink) there was no settlement.
TX Lawyer That would be a stipulation that none of the highly competent attorneys on the church's side of the case would EVER allow their client to make. I would never expose my ass to being sued on such a ridiculously obvious - and readily provable! - conspiracy to defraud my opposing counsel out of a fee agreement. And beyond the personal liability, I would assume there is a damned good chance my license to practice would be yanked if I allowed my client to do something like that without addressing the matter to the court.
I am personally and professionally familiar with several of the attorneys on the church's side of this case. They are not stupid, unethical, crazy, or willing to risk professional suicide
TX Lawyer hasn't nixed this popular theory for one simple reason. He is assuming that the attorneys for the COS would be informed of such a behind the scenes, "wink wink" settlement.

The COS would know everything that TX Lawyer said. Therefore, the COS would not inform their attorneys of the behind the scenes, "wink wink" settlement.

If there was a behind the scenes, "wink wink" settlement, the attorneys for the COS were just as ignorant of it as Ray Jeffrey.

My guess is that the attorneys for the COS were just as surprised by what Monique did as Ray Jeffrey was.

My guess is that the COS dealt directly with Marty and Monique, and left ALL of the attorneys out of it.
 

tetloj

Silver Meritorious Patron
And this:

Hi TX Lawyer. Some speculation has included the notion that Marty has entered into an arrangement independent of Monique's suit (which of course includes him having her cooperate in dropping her suit).
I imagine this would be considered fraudulent? unethical?
What would the repercussions be?
TX Lawyer an hour ago
Marty and Monique are not lawyers, so nothing they do on their own behalf (and that isn't submitted to a court for approval) would be considered unethical, legally speaking. If they failed to pay and concealed the existence of money owed to their lawyers, that could easily be construed as breach of contract and maybe outright fraudulent. Repercussions for that would be monetary liability for actual damages, plus maybe (at a reach) punitive damages. But again, it's rarely a good idea to sue people without means to pay, and even less so when they have the ability to complain about how you did your job.
 

JustSheila

Crusader
I think Rinder is trying to keep his Blog Site as cool, calm, collected and "clean" as possible. Marty is a lighting rod or, more accurately, a shit storm rod and his shtick, grandstading and attitude would trash up Rinder's Blog if he inadvertently lets it in via the "backdoor". Marty's Persona is not compatible with Rinder's refined style, satire and wit . Just my opinion.

Perfect description. Marty the shitstorm lightning rod.

Yep. Folks like Marty are responsible for keeping Human Resources folks well paid to screen them out.
 

tetloj

Silver Meritorious Patron
Last one (for today at least)
http://tonyortega.org/2016/05/04/sc...ns-plans-to-ditch-lawsuit/#comment-2659117777
Fink Jonas5 hours ago
Knowing how the church operates, I still believe Marty might have been paid in cash by the church to avoid paper trail otherwise ending the case doesn't make sense. I read somewhere some one witnessed Hubbard's pile of cash was slightly smaller than the churches pile of cash, so how big is Marty's pile of cash, somewhere in Texas there might be a storage room with a big pile of cash, he can post all he wants on the fringes of the internet, but I don't believe it, look under the bed is got to be somewhere.
Tony Ortega Mod Fink Jonas2 hours ago
If you pay attention to what TexasLawyer is saying, you would know that the Rathbuns wouldn't risk this. Ray Jeffrey would have the ability, through the trial court, to examine the Rathbun bank accounts.
Like I said earlier today, I got another layer of confirmation that there is no financial settlement.
I know it's hard for people to imagine that, but you have to understand that there would be serious legal risks in the Rathbuns trying a trick like that, and all indications are that the Rathbuns are trying to get away from the court and any legal entanglement.
I know my saying this will have no effect. People are just determined to believe that their move made some kind of sense. Every attorney who actually knows this stuff tells me that the move makes no sense whatsoever, at least from a legal perspective.
 

prosecco

Patron Meritorious
TX Lawyer hasn't nixed this popular theory for one simple reason. He is assuming that the attorneys for the COS would be informed of such a behind the scenes, "wink wink" settlement.

The COS would know everything that TX Lawyer said. Therefore, the COS would not inform their attorneys of the behind the scenes, "wink wink" settlement.

If there was a behind the scenes, "wink wink" settlement, the attorneys for the COS were just as ignorant of it as Ray Jeffrey.

My guess is that the attorneys for the COS were just as surprised by what Monique did as Ray Jeffrey was.

My guess is that the COS dealt directly with Marty and Monique, and left ALL of the attorneys out of it.

I think the term that was used about, 'achieving what we intended outside litigation' was a poor choice of words, but then again the legal drafting in the submission to the court was fairly poor also.

Personally don't think that Marty meant the words literally that they had achieved their goals outside litigation, or at least from a legal stance.

As far as, 'achieving what they intended,' I think what their original intention was simply to hold David Miscavige to account for his actions, and simply to have a voice. It should be kept in mind that when Marty left the Sea Org, he was in such bad shape that he was virtually incommunicado for years,

When he started to speak out, it was difficult to get media who weren't scared of the C of S, but now the situation has changed completely to a film about Scientology being nominated for an Academy Award, being the subject of fun on Saturday Night Live etc.

For whatever reason, partly because of Marty, partly because of lots of collective efforts, Anonymous, Tony Ortega, Mike Rinder, various law suits, Lawrence Wright, the landscape has changed completely.

Behind the scenes, I think that Marty and Ray disagreed about strategy.I have no idea why other than the reference about delay, which I didn't really understand. As far as I'm aware, there weren't any missed filing dates, but perhaps Marty wanted things done faster? Maybe Marty and Monique really didn't realise how much stress they would be under on a personal level. It's one thing to suggest that Marty knew all about litigation, however it was from the other side. Maybe it was just becoming too unbearable, pressure on their marriage, family life, so they decided if Ray Jeffrey couldn't wrap it up in specified amount of time, they would have to walk away.

As for the suggestion that there has been a non financial agreement between the church and Marty/Monique. I think the church would be very quick to leak any agreement as they play very dirty. If it was a written agreement, it would be leaked. if there was an oral agreement it would be recorded/photographed. If there was any sort of trail, it would be evidenced and plastered all over the internet.

I also think that Marty has moved on. He isn't the activist guru he once was, and for whatever reason, he tends to fall out with people, rather than disagreeing with them, but staying friendly. Mike Rinder on the other hand is very good with maintaining a large circle of friends, maybe who he doesn't share ideas, but can juggle contrary views. Different personalities.

So, my point being that none of this makes sense from a legal stance. I really wish that Monique and Marty let the litigation run its course as there were lots of precedents involved, and if they didn't want the money, donate to some worthy cause.
 

ThetanExterior

Gold Meritorious Patron
TX Lawyer hasn't nixed this popular theory for one simple reason. He is assuming that the attorneys for the COS would be informed of such a behind the scenes, "wink wink" settlement.

The COS would know everything that TX Lawyer said. Therefore, the COS would not inform their attorneys of the behind the scenes, "wink wink" settlement.

If there was a behind the scenes, "wink wink" settlement, the attorneys for the COS were just as ignorant of it as Ray Jeffrey.

My guess is that the attorneys for the COS were just as surprised by what Monique did as Ray Jeffrey was.

My guess is that the COS dealt directly with Marty and Monique, and left ALL of the attorneys out of it.

I find it hard to believe Marty would deal with DM without lawyers being involved. He must know that DM considers him fair game and will therefore lie, cheat, trick and try to "destroy him utterly".

The only protection Marty/Monique have is the presence of lawyers.
 

Terril park

Sponsor
Re: There was a settlement. Period.

Does anyone seriously think the COS is going to start harassing the Rathbuns again once the legal action and temporary injunction are dismissed?

I think CO$ has demonstrated it will do anything if it thought
it would forward their purposes. For example "Snowwhite". They
have almost singlehandedly created a new legal term - The Footbullet.


Thanks for commentary.
 

afaceinthecrowd

Gold Meritorious Patron
I find it hard to believe Marty would deal with DM without lawyers being involved. He must know that DM considers him fair game and will therefore lie, cheat, trick and try to "destroy him utterly".

The only protection Marty/Monique have is the presence of lawyers.

Marty, amongt other things, considers himself the Bestest Ever Scn Auditor, Exec, Operative, "Tech" Expert, CofS Expert and DM Expert that ever lived as well as, amongst other things, a Professional Journalist, Professional Writer, Enlightened Lone Wolf Guru, Legal Expert and Smartest Guy in the Room--including a room with Judge Waldrip and Ray Jeffrey et al.:whistling: If you had personally known Marty like some ESMBers (including yours truly), this turn of events is not all that surprising. :no:

Face:)
 
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