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Garcias ask for hearing on farcical ‘arbitration’; Scientology files 600 pages in Laura D case

[Luis Garcia and Judge Whittemore]

Scientology litigation has really been heating up lately. Luis and Rocio Garcia filed two new motions in court this week as they continue to press Tampa federal Judge James Whittemore to raise questions about the Scientology internal arbitration he compelled the Irvine, California couple to go through in October.

The church, meanwhile, just filed a 600-page motion in its new federal lawsuit against Laura DeCrescenzo, asking for summary judgment to kill her 9-year forced-abortion lawsuit in L.A. Superior Court. The church wants a March 29 hearing on its motion, but we’re told that one later in April is more likely as that federal action comes to a head.

The Garcias filed their lawsuit against the Church of Scientology in 2013 for what they claim were fraudulent acts to convince them to donate hundreds of thousands for the church’s building projects. Whittemore sided with Scientology, which argued that the Garcias were bound by contract to take their grievances to Scientology’s internal arbitration — which the church admitted had never actually taken place before. Whittemore stayed the Garcias’ lawsuit and compelled the couple to undergo the two-day arbitration in Los Angeles, which the Garcias have called a farce. (The church arbitrating panel awarded them about $18,000, but the couple refused it.)

Both sides have now submitted filings about the results of the arbitration which differ pretty radically about what went down in Los Angeles. And now the Garcias have submitted additional documents which make two requests of Judge Whittemore…

1. The Garcias are asking permission to submit a reply to Scientology’s latest response.

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2. The Garcias want Judge Whittemore to call for an evidentiary hearing so he can take testimony to get to the bottom of what happened in L.A.

We thought it was interesting that the Garcias’ motion mentions a document Scientology recently submitted that we also found pretty remarkable. It was the actual instructions that “International Justice Chief” Mike Ellis gave the arbitrating panel, which included some of the wackiest Scientologese we’ve seen in a while.

The Garcias tell Judge Whittemore that until the church submitted that document, they hadn’t seen it before, and it raises questions about how much Ellis coached the arbitrating panel — something Whittemore had warned Scientology not to do.

Is the judge interested enough to haul everyone in to his courtroom to ask questions about it? Sure would be fun for us observers. But so far, this judge has expressed no desire to put Scientology on the spot about its internal matters, even if it means that a “church” gets away with fraud.

Meanwhile, we’ve been telling you that after 9 years of fighting in a California state court over Laura DeCrescenzo’s forced-abortion claims — which has an August trial date for later this year — the Church of Scientology is characteristically trying a Hail Mary toss with a federal lawsuit against Laura it filed late last year. The church argues that when Laura’s case was temporarily removed to federal court in 2009 and one of her claims was dismissed, the rest of the lawsuit should have been dismissed at that point and not sent back to state court.

Laura has already filed a motion to dismiss this federal gambit, but the church is now asking for summary judgment and has submitted a 600-page filing asking for a March 29 hearing. It’s basically just a restatement of what was in its complaint, that the federal court should step in and kill Laura’s 9-year state lawsuit.

We’re told that as a result of Laura’s motion to dismiss and Scientology’s motion for summary judgment, there will likely be a hearing in April that should take care of this federal action one way or the other. If Laura prevails, then it’s on to her August state trial — unless Scientology can come up with yet another way to delay her day in court.

 
Here’s the Garcias’ motion asking for an evidentiary hearing…

Garcia v. Scientology: Motion for Evidentiary Hearing by Tony Ortega on Scribd

 
And here’s the Garcias’ request to respond to Scientology’s latest reply…

 

Garcia v. Scientology: Leave to Reply by Tony Ortega on Scribd

 
And here’s Scientology’s motion for summary judgment in its federal lawsuit against Laura…

 

Scientology v. DeCrescenzo (Federal) Motion for Summary Judgment by Tony Ortega on Scribd

 
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Make your plans now!

Head over to our HowdyCon 2018 website to start making your travel plans!

 

 
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Scientology disconnection, a reminder

Bernie Headley has not seen his daughter Stephanie in 5,042 days.
Katrina Reyes has not seen her mother Yelena in 1,645 days
Brian Sheen has not seen his grandson Leo in 188 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 1,251 days.
Carol Nyburg has not seen her daughter Nancy in 2,025 days.
Jamie Sorrentini Lugli has not seen her father Irving in 2,799 days.
Quailynn McDaniel has not seen her brother Sean in 2,145 days.
Claudio and Renata Lugli have not seen their son Flavio in 2,639 days.
Sara Goldberg has not seen her daughter Ashley in 1,679 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 1,391 days.
Marie Bilheimer has not seen her mother June in 917 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 5,006 days
Derek Bloch has not seen his father Darren in 2,146 days.
Cindy Plahuta has not seen her daughter Kara in 2,466 days.
Claire Headley has not seen her mother Gen in 2,441 days.
Ramana Dienes-Browning has not seen her mother Jancis in 797 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 5,099 days.
Brian Sheen has not seen his daughter Spring in 1,205 days.
Skip Young has not seen his daughters Megan and Alexis in 1,608 days.
Mary Kahn has not seen her son Sammy in 1,480 days.
Lois Reisdorf has not seen her son Craig in 1,062 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 1,567 days.
Mary Jane Sterne has not seen her daughter Samantha in 1,811 days.
Kate Bornstein has not seen her daughter Jessica in 12,920 days.

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3D-UnbreakablePosted by Tony Ortega on March 3, 2018 at 07:00

E-mail tips and story ideas to tonyo94 AT gmail DOT com or follow us on Twitter. We post behind-the-scenes updates at our Facebook author page. After every new story we send out an alert to our e-mail list and our FB page.

Our book, The Unbreakable Miss Lovely: How the Church of Scientology tried to destroy Paulette Cooper, is on sale at Amazon in paperback, Kindle, and audiobook versions. We’ve posted photographs of Paulette and scenes from her life at a separate location. Reader Sookie put together a complete index. More information can also be found at the book’s dedicated page.

The Best of the Underground Bunker, 1995-2017 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Undergound Bunker (2012-2017), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)

Learn about Scientology with our numerous series with experts…

BLOGGING DIANETICS: We read Scientology’s founding text cover to cover with the help of L.A. attorney and former church member Vance Woodward
UP THE BRIDGE: Claire Headley and Bruce Hines train us as Scientologists
GETTING OUR ETHICS IN: Jefferson Hawkins explains Scientology’s system of justice
SCIENTOLOGY MYTHBUSTING: Historian Jon Atack discusses key Scientology concepts

Other links: Shelly Miscavige, ten years gone | The Lisa McPherson story told in real time | The Cathriona White stories | The Leah Remini ‘Knowledge Reports’ | Hear audio of a Scientology excommunication | Scientology’s little day care of horrors | Whatever happened to Steve Fishman? | Felony charges for Scientology’s drug rehab scam | Why Scientology digs bomb-proof vaults in the desert | PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | The mystery of the richest Scientologist and his wayward sons | Scientology’s shocking mistreatment of the mentally ill | The Underground Bunker’s Official Theme Song | The Underground Bunker FAQ

 

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