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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

    Quick update - the Court Reporter has filed court records/exhibits with the 3rd Circuit Appeals Court.
    Nope, they're not uploaded so we can see 'em. Grrr.

    Also, I failed to mention in Post #1 (partially quoted above) that only Mr. Cappuccio was (& is) listed as Counsel for Mrs. Rathbun in this Appeal.
    Additional Counsel will probably be added to the docket in a day or two -- I sure hope we see Leslie S. Hyman's name. :)

    JB
     
  2. JBWriter

    JBWriter Happy Sapien

    The 3rd Circuit Court of Appeals Clerk has extended the deadline for the New Braunfels Court Clerk to file the trial court record to April 25, 2014.

    JB
     
  3. JBWriter

    JBWriter Happy Sapien

    Quick fyi... Leslie S. Hyman is now noted on the 3rd Circuit's docket as one of the appellee's attorneys in this Appeal. *sigh of relief*
    Also added: Marc. F. Weigand & Ray B. Jeffrey.

    JB
     
  4. Kerry

    Kerry Patron with Honors

    YAY ~ !!!!!!!

    And thanks JB for the FYI. :music:
     
  5. JBWriter

    JBWriter Happy Sapien

    The New Braunfels Court Clerk submitted the 56-volume clerk's record with the TX 3rd Circuit Court of Appeals on April 21, 2014.
    The submission was 4 days early, so genuine kudos & applause to the hardworking New Braunfels Court Clerk. :clap: :thumbsup::clap:

    Now that the Appeals Court has this latest submission, expect to see some activity on the calendar in the days ahead.
    Also, be advised that the original Notice of Appeal filed by the TeamCSI&Co defendants has been amended in some form/fashion, but it's not been uploaded to the Appeals online docket so we can't (yet) see what prompted change(s).

    56 volumes, folks.

    smdh,

    JB
     
  6. Bea Kiddo

    Bea Kiddo Crusader

    56 volumes for a simple harassment case in a small town in Texas?

    Hmmm..... Armadillos are gonna start lovin' popcorn!!!
     
  7. JBWriter

    JBWriter Happy Sapien

    Each day, tens of thousands of women across Texas pull into their own driveways, park their vehicles, and remove grocery bags from their car trunks* -- without being videotaped/surveilled doing so by private investigators.

    One woman is denied the 'right' to perform those simple tasks - sans cameras, for no other reason than to serve the maniacal whims of a cash-flush bully.

    Does Miscavige's 'right' to cause harm, as ordered directly from his bully's pulpit, outweigh all rights of all others everywhere?
    ^^^^ That's really the fundamental question in this case.

    So.

    Popcorn - and lots of it, for now, but eventually?
    Caek.
    Definitely caek. :yes:
    Maybe even caek in the shape of an armadillo. :)

    JB

    *Car boots.
     
  8. JBWriter

    JBWriter Happy Sapien

    Checked the TX 3rd Circuit docket and see the due date for "appellant brief" is May 12, 2014.

    TeamCSI&Co = appellants; TeamRathbun = appellee.

    JB
     
  9. JBWriter

    JBWriter Happy Sapien

    Per the online docket...

    The lead appellate attorney for CSI, Thomas Leatherbury, filed a Motion* on April 29 requesting an extension of time to submit the appellant brief because he's very, very busy with other cases/litigation.
    The Motion was granted on April 29.
    (*The Motion for extension is available to read @ the TAMES site and details which cases/litigation with which Mr. Leatherbury is involved.)

    The new due date for submission of the CSI's appellant brief is June 11, 2014.

    Also, the trial court's record to date is now 57 volumes.

    JB
     
  10. Leland

    Leland Crusader

    JBWriter, could you please post a link to the Tames site. I found it but can't find the info on that site.

    Hell, that is five more weeks....C of S is really dragging it out.
     
  11. Mick Wenlock

    Mick Wenlock Admin Emeritus (retired)

    yep, it is what they do. Every day they gain without their opponents getting a favorable judgement is, in their eyes, a victory.
     
  12. Leland

    Leland Crusader

  13. JBWriter

    JBWriter Happy Sapien

    Quick update...

    The rest of the defendants (Bryan, Sloat, Lubow, and Drake) filed a joint Motion for an extension of time to file their respective briefs...and the Motion was granted.

    All appellants' briefs are due June 11, 2014.

    JB
     
  14. Lone Star

    Lone Star Crusader


    Cross posted from the "Mosey Thread".....


     
  15. Churchill

    Churchill Gold Meritorious Patron


    It it is a very short term victory.
    Remember,
    "The mills of the Gods grind slowly,
    but they grind exceedingly fine."
     
  16. JBWriter

    JBWriter Happy Sapien

    A gentle reminder...

    All of the Appellants in this interlocutory appeal must submit their legal briefs* to the TX 3rd Circuit Court of Appeals in two days' time.
    (*It's unclear from reading the docket whether each defendant will submit individual briefs or if one, giant-sized brief will be submitted for the lot.)

    Which specific arguments will the TeamCSI&Co attorneys put forth to convince this appellate panel that the defendants possess legally-protected rights under the Texas Anti-SLAPP statutes sufficient to permit the harassment of Mrs. Rathbun?
    I surely don't know... but I suspect they will be hilarious ~ disingenuous ~ bogus ~ inadequate ~ etc. :yes:


    It seems logical to assume TeamRathbun will be permitted to file a Reply to TeamCSI&Co's brief, but I don't know when such a Reply would be due for submission --- does anyone here know? The Texas Rules are a bit confusing and it seems like a Reply would be due within 30 days, but I'm not sure and would appreciate a li'l help. :)

    Also, there are 6 judges total @ the 3rd Circuit Court of Appeals.
    Three of them are on the Appellate Panel for the other appeal (Writ of Mandamus re: Miscavige deposition).
    Do we know the names of the 3 judges on this appeal? Are they the same 3 judges? :confused2:

    JB
     
  17. tetloj

    tetloj Silver Meritorious Patron

    JB - from TX Lawyer at the Bunker yesterday/day before

     
  18. JBWriter

    JBWriter Happy Sapien

    Each of the 5 defendants have submitted their briefs to the Texas 3rd Circuit Court of Appeals.
    To read each, here's the direct link to the Court's website: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00199-CV

    Also, a new thread was started when CSI's brief was submitted & reported by The Underground Bunker; here's the link to the ESMB thread: http://www.forum.exscn.net/showthre...s-their-spying&p=939341&viewfull=1#post939341

    Lastly, it appears that TeamRathbun has 30 days to submit a Response Brief (whether to each of the 5 individual briefs or collectively isn't yet known) and, once the Response Brief is submitted to the Court, TeamCSI&Co is permitted to submit a Reply Brief.
    After all of the Briefs have been submitted, it is possible the Court will schedule a Hearing, but that is not guaranteed to occur.

    JB <----Sending good thoughts/wishes to Leslie Hyman & her staff as they work to rebut the defendants' positions. #TeamHymanRocks! :yes:
     
  19. JBWriter

    JBWriter Happy Sapien

    Quick update...

    Per the TAMES website, TeamRathbun must submit their Response Brief on/before July 3, 2014*.
    No hint (yet) whether or not the Court will schedule a Hearing.

    JB

    *After that submission, TeamCSI&Co may submit a Reply Brief to the Court.
     
  20. JBWriter

    JBWriter Happy Sapien


    TeamRathbun's Response Brief is due to be submitted tomorrow.

    Sending out advanced thanks to Leslie Hyman & her entire staff because I know they'll do their very best...just as they always do. :thumbsup::clap::clap::thumbsup:

    JB

    *Has everyone here read the Briefs submitted by each of the Defendants? Color me decidedly unimpressed. :p