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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. tetloj

    tetloj Silver Meritorious Patron

    My tummy just turned over!

    Texas Lawyer at the Bunker thought the Jefferson appeal was pretty good.

    But Hyman has proven to be well up to this challenge so I remain hopeful.

    Bring it on.

    :dancer:
     
  2. freethinker

    freethinker Sponsor

    I recall earlier on that Texas Lawyer said the longer it stays at the Appeals level the better it is for Mosey.

    Deposing a CEO named as a defendant is new territory. They won't decide on this off hand as it affects future litigation.
     
  3. tetloj

    tetloj Silver Meritorious Patron

    There's the appeal on deposing DM and the appeal on the anti-SLAPP (and the deposition is kinda dependent on the anti-SLAPP)

    It was TX Lawyer's opinion on the Anti-SLAPP where he said Jefferson's brief was very strong.

    ETA: link to post with TX Lawyer's opinion at the Bunker

    http://www.forum.exscn.net/showthre...s-their-spying&p=939342&viewfull=1#post939342
     
    Last edited: Jul 3, 2014
  4. JBWriter

    JBWriter Happy Sapien

    Per the TAMES online docket, TeamRathbun's Response Brief is now due to be submitted on/before July 31, 2014.


    JB <---I'll update the ESMB calendar in just a moment.
     
  5. tetloj

    tetloj Silver Meritorious Patron

  6. freethinker

    freethinker Sponsor

    Yes he did but there is an issue here with conflating Constitutional law with Commercial law which don't mix. Their basis for antiSlapp is first Amendment rights but not to be deposed is Corporate CEO can't pierce the veil footwork. As Lesley Hyman pointed out, you can't have it both ways or have your cake and eat it too.

    They have been doing this for a long time; jumping from one type of law to another, going from corporate copyright to Constitutional rights. You can't do that and Leslie Hyman will be the first to call them on it that I know of and she is one sharp cookie as she caught it right from the get go.

     
    Last edited: Jul 5, 2014
  7. JBWriter

    JBWriter Happy Sapien

    :bump2: ... because TeamRathbun's brief is due to be submitted to the Texas 3rd Circuit Court of Appeals tomorrow.

    Direct link to the case on TAMES site here: http://www.search.txcourts.gov/Case.aspx?cn=03-14-00199-CV

    JB
     
  8. JBWriter

    JBWriter Happy Sapien

    A one-week extension has been given to TeamRathbun to file their brief, owing to very sad circumstances.

    An attorney working on behalf of Mrs. Rathbun, A. Danette Mitchell, has passed away.
    Link to her LinkedIn page: http://www.linkedin.com/pub/a-dannette-mitchell/6/972/ab4

    JB
     
  9. Dulloldfart

    Dulloldfart Squirrel Extraordinaire

    It's very telling, although I'm not sure of what, that I immediately checked for the circumstances of her death to see if there was anything suspicious about it.

    (Cancer, so I assume not.)

    Paul
     
  10. AnonyMary

    AnonyMary Formerly Fooled - Finally Free

    Sorry to hear she passed away... here is her obituary.
    http://herald-zeitung.com/obituaries/article_96e866e0-1a07-11e4-9c03-001a4bcf887a.html

    Dannette's struggle with breast cancer was mentioned on ESMB back in March 2014. I know she had been out of work on medical leave for some time before she passed away.
    She was a a partner with Ray Jeffrey

    Shareholder/Owner
    Jeffrey & Mitchell, P.C.
    April 2010 – Present (4 years 5 months)
    http://www.linkedin.com/pub/a-dannette-mitchell/6/972/ab4

    I guess cancer treatment really is expensive these days if she, as an attorney, shareholder and owner needed a $ fundraiser.
     
  11. Free to shine

    Free to shine Shiny & Free

    Monique Rathbun’s response to Scientology’s appeal

    Here's the dox. Brilliant.

    http://tonyortega.org/2014/08/08/do...scientologys-appeal-of-its-anti-slapp-defeat/

     
  12. Free to shine

    Free to shine Shiny & Free

    I love this bit:

    I recommend reading this document!

    Comment:

     
  13. Lone Star

    Lone Star Crusader

    I've read almost half of Leslie Hyman's argument and it is absolutely brilliant! It is spot on. There should be no doubt as to its ability to get the appeal's justices to deny the CSI's ridiculous appeal.

    However, this is the Texas 3rd Circuit Court of Appeals unfortunately. I am therefore still not hopeful that the right thing will be done. This is a terrible court. As TX Lawyer has said, "several 'hacks' sit on the 3rd Court".

    This was the court that overturned an airtight conviction of that crook Tom Delay a few years ago. Google it if you want details. It still makes me sick to think about it.

    Then we have this very court granting DM's appeal earlier this summer.

    I don't mean to be a "wet blanket", but don't get your hopes up.

    But, again, Ms. Hyman knocked it outta da park. No doubt about that.
     
  14. JBWriter

    JBWriter Happy Sapien

    Thanks for posting this, FreeToShine! :thumbsup:

    Per the Texas 3rd Circuit's online docket, a tentative date for a Hearing on this Appeal is scheduled for September 8, 2014.
    It's on the ESMB calendar thread here: http://www.forum.exscn.net/showthre...January-3-2014&p=953588&viewfull=1#post953588

    I think Ms. Hyman and her staff did a superb job with this brief. :clap::clap::clap:
    Even the footnotes are brilliant!

    Re: Upcoming Hearing -- Using the other Appeal appearance as a guide, I think we should pay very close attention to the questions coming from the bench, since the questions-as-asked formed much of the prior panel's Opinion.


    Consider...

    David Miscavige sells a product called "Scientology" with a capital "S".
    Mr. Rathbun sold a product called "scientology" with a lower-case "s".

    ^^^^What the Texas 3rd Circuit Court of Appeals panel needs to understand: it's a business dispute. :yes:

    JB
     
  15. JBWriter

    JBWriter Happy Sapien

    Per the TAMES online docket, TeamCSI&Co must now submit their Reply Brief on/before September 16, 2014.
    This new submission date means the Hearing (oral argument) will likely occur sometime after that.

    JB
     
  16. JBWriter

    JBWriter Happy Sapien

    Confirmed: Hearing (oral argument) scheduled for September 24, 2014 @ 1:30 p.m.

    Each side is allotted 20 minutes to speak.

    Appellate Panel: Justices Puryear, Pemberton, and Field.

    JB
     
  17. JBWriter

    JBWriter Happy Sapien

    From the Texas Courts website.... (main link here: http://www.courts.state.tx.us/ )

    Btw, it was Justice Scott Field who wrote the recent Opinion on TeamRTC+DM's appeal re: Miscavige deposition.

    JB
     
  18. RogerB

    RogerB Crusader

    This has probably been posted before . . . but I have no hope of finding it . . .

    This I got by email this morning . . . good timing for these guys to be putting this out to the world. Hope the Appellate Judges get it :biggrin:

    BrasscheckTV Report
    ===================

    Free speech vs. Scientology

    It was a big battle 20 years ago and the outcome was uncertain.

    Now, the "trade secrets" of a religious group (how they are defined by law) aren't
    secrets any more.

    Video:

    http://www.brasschecktv.com/page/27060.html

    - Brasscheck TV
     
  19. tetloj

    tetloj Silver Meritorious Patron

  20. Leland

    Leland Crusader

    Damn.....its 31 pages long!