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Scientology Defendants Appeal -- Denial of Anti-SLAPP Motions to Dismiss

Discussion in 'Monique Rathbun' started by JBWriter, Apr 5, 2014.

  1. JBWriter

    JBWriter Happy Sapien

    The Texas 3rd Circuit Court of Appeals received official Notice that certain defendants in the Rathbun v Miscavige/Scientology trial intend to seek an interlocutory appeal of the denial of their Anti-SLAPP Motions to Dismiss.
    No appeal briefs/supporting documents have yet been filed. Yet.

    Court of Appeals Case Number: 03-14-00199-CV
    Trial Court Case Number: C-2013-1082B

    Notice of Appeal was received on April 2 & 3, 2014, from the following defendants:

    Church of Scientology International ("CSI") -
    Counsel: Marc A. Fuller, Thomas S. Leatherbury, L.J. Streiber III, George H. Spencer, Jr., Ricardo G. Cedillo, and Isaac J. Huron
    David J. Lubow - Counsel: Stephanie S. Bascon
    Ed Bryan - Counsel: Jonathan H. Hull
    Steven Gregory Sloat - Counsel: Jonathan H. Hull
    Monty Drake - Counsel: O. Paul Dunagan & Gary D. Sarles

    All defendants named above have until April 14, 2014 to submit a docketing statement to the Appeals Clerk.

    Here's a link to the (terrific!) ESMB thread about the Trial Court's denial of the Anti-SLAPP Motions to Dismiss:

    Folks, there are 6 judges total in the 3rd Circuit Court of Appeals.
    Each appellate panel consist of 3 judges.
    There are now 2 separate filed appeals -- one from TeamRTC&DM and now this one from TeamCSI&TheRest.

    Informal recap:

    Appellate Level - Pending Now
    TeamRTC&DM seek to cancel the deposition of DM and sever RTC&DM from the case entirely. Hearing is April 9, 2014.
    TeamCSI&TheRest seek to overturn the denial of their Motions to Dismiss (under the Anti-SLAPP framework). Lots to come.

    Trial Level - Pending Now
    Plaintiff's Motion for Contempt/Sanctions -- waiting for a hearing date. <----Soon.

  2. Lone Star

    Lone Star Crusader

    Just found out that Wednesday's hearing at the 3rd District Court of Appeals in Austin will begin at 1:30 PM Texas Time, which also happens to be the same as Tulsa Time. :wink2:

    That's 2:30 on the east coast and 11:30 on the west coast.

    And for the down under folks that will be 5:30 AM Thursday Melbourne Time. In England 7:30 PM Wednesday.

    There will be at least 4 very suppressive persons covering the hearing. :bwahaha:

    Although no checks from the psychs have yet arrived. :no:
    Last edited: Apr 7, 2014
  3. Lermanet_com

    Lermanet_com Gold Meritorious Patron

    I hope those judges are not fooled by all that paper into thinking..

    There just must be something to this....
  4. tetloj

    tetloj Silver Meritorious Patron


    Just marked off my calendar for Thursday morning

  5. lotus

    lotus stubborn rebel sheep!

    What else could we expect from the kid ????

    Can someone be nice and explain me those points:

    1) If this motion of appeal is denied then , is the next step the commencement of the trial ???
    2) or is there many more motions to file as for avoiding it???

    (few friends regularly ask me about the case - which I myself don't quite understand - technical language barrier)
    Thank you very much!
  6. JBWriter

    JBWriter Happy Sapien

    Yay! At least 4 people @ the courthouse in Austin? Superb! :happydance:
    Thank you to each and all who attend -- your efforts are very much appreciated. :yes:

    While Wednesday's hearing has nothing to do with the Anti-SLAPP Motions to Dismiss, it will focus on TeamRTC+DM's appeal that argues that Judge Waldrip was not legally authorized to issue an Order that compels David Miscavige to be (narrowly) deposed.
    After Wednesday's hearing, the Appeals Court must decide this: Did Judge Waldrip abuse his discretion by issuing an Order to permit David Miscavige to be deposed on a very limited basis (jurisdiction)?
    In anticipation of this hearing to overturn Judge Waldrip's Order, the 3-judge appellate panel has received a HUGE amount of documents from TeamRTC+DM (only a small portion of which have been made public - grrrr) so I wonder if the entire hearing will be open to the public. I certainly hope so. :thumbsup:

    As for the TeamCSI&Co appeal about their failed Motions to Dismiss, (under the Anti-SLAPP framework) no documents have yet been uploaded to the 3rd Circuit online docket yet from either side, but we should see a few uploaded in the next 2-3 weeks. The 3rd Circuit's online docket clerk(s) are very good at updating their site in a timely fashion. :)

    This week?
    Definitely popcorn.

  7. AnonyMary

    AnonyMary Formerly Fooled - Finally Free

    Thanks, JB. Much appreciated.

    Do you think you could include the DM and RTC Mandamus appellate case number with the link to the online case information on your ongoing list in the other thread, like you have with the Anti-Slapp appeal?

    In re David Miscavige and Religious Technology Center
    It's 03-14-00091-CV

  8. JBWriter

    JBWriter Happy Sapien

    I included it here, but if there's another thread the info needs to be added to, I'm happy to do so. :)

  9. freethinker

    freethinker Sponsor

    I hope they read Leslie Hymans response three times through and clay demo it. I hope they read all the case law regarding it, because if they do, then they will realize that they can be appealed for an incorrect opinion. I am sure the Texas Supreme Court is preparing themselves already. Judges hate to be appealed even though Dib seemed to welcome it.

  10. Type4_PTS

    Type4_PTS Diamond Invictus SP

  11. lotus

    lotus stubborn rebel sheep!

    Please, could someone be nice to answer me brienfly!
    I promess some people I would inform them!

    Thank you to a nice person to reply!

    Arnie ???
  12. Lone Star

    Lone Star Crusader

    If DM/RTC's appeal is denied then they will appeal to the Texas Supreme Court. Of course the Supremes could refuse to hear it, which would be another failure. If they agree to hear it, which they probably will, then it will add more months to this mess.

    In the meantime the discovery can still take place regardless of this particular appeal.
  13. Lone Star

    Lone Star Crusader

    Regarding tomorrow's hearing TX Lawyer posted a comment recently on the Bunker....

    TX Lawyer2 hours ago I wouldn't get too excited. Appellate arguments are about what law applies and what evidence is in the record to support the trial court's ruling. It will be pretty dry stuff to most non-lawyers. There will not be any new evidence or testimony coming out of this argument.

    Although I'm still very much looking forward to it, I do know that it won't be quite as "fun" as the regular hearings in Dib's court. But I still think hearing what the panel of Appellate Judges say and what questions they ask will be interesting. It may give some insight into how they are leaning. It will also be interesting to compare and contrast Leslie Hyman's performance with Wallace Jefferson's.

    It will be "fun" watching Leslie kicking ass. LOL!!

    The format is that each attorney makes a statement before the panel of judges, then they in turn ask each attorney questions. It's the same way essentially that cases are tried in the US Supreme Court, which is the highest appeals court in the land.
  14. Gib

    Gib Crusader

    I agree, listen closely, takes notes to jog the memory. It will be subtle.

  15. JBWriter

    JBWriter Happy Sapien

    Great stuff, LoneStar. :thumbsup:
    (As usual. :yes:)
    This thread is about TeamCSI&Co's interlocutory appeal - which seeks to get the denial of their Anti-SLAPP Motions to Dismiss overturned.

    Tomorrow's hearing is about TeamRTC+DM's Mandamus Petition to get Judge Waldrip's deposition of Miscavige Order overturned. The original thread about this Mandamus Petition is older, so maybe we should have a new thread to keep the 2 (thus far) appeal cases separate?
    "Appeal: Miscavige Seeks To Overturn Deposition Order" <----Possible new thread title for tomorrow's hearing and future updates on this topic?

    This stuff gets confusing for all of us and more interlocutory appeals are expected.
    I'm not sure which course is best - more or fewer threads - but am happy to go along with whatever solution is thought best. :)

  16. Lone Star

    Lone Star Crusader

    I'm probably going to title the thread, "April 9th Appeal Hearing to overturn Deposition Order", or something like that. I think putting the date on it helps.
  17. Free to shine

    Free to shine Shiny & Free

    Maybe it's time to ask for a sub forum to be created (probably under Legal I would think) for this whole case and it's various threads, like the one for Debbie Cook. Just an idea.
  18. Lone Star

    Lone Star Crusader

    Thankfully I will have a top-rate note taker along for the show. He graciously agreed to take a day off and come to the hearing. Of course he's also doing it because he too loves this shit!! LOL....

    Tomorrow I shall reveal his name.
  19. freethinker

    freethinker Sponsor

    Excellent idea, then all the threads on this case will be in one location, readily accessible.

  20. lotus

    lotus stubborn rebel sheep!

    Lone Star,

    Thank you for your kind attention
    to reply (I thaught nobody would :unsure:)
    and provide me with very simple explanations

    The explanations will be forwarded to people who need and will be very much of use.
    ( and help me to follow all the procedures)

    You are very nice

    Last edited: Apr 9, 2014