David Miscavige objects to being served, claims he does no business in Florida

As expected, David Miscavige, through his attorney Florida Bar past president William Schifino, filed an objection yesterday to the recent court ruling that named the Scientology leader a defendant in a labor trafficking lawsuit.

It’s a doozy.

The lawsuit was filed last April by three former Sea Org workers — Valeska Paris, and Gawain and Laura Baxter — who are all residents of Australia and who allege that they were forced into the Sea Org as children and then as adults served aboard Scientology’s floating cathedral, the Freewinds, which sails the Caribbean. The lawsuit alleges horrific abuse suffered by the three former Scientologists, and they are suing Miscavige and several Scientology subsidiaries under labor trafficking and other statutes in federal court in Tampa.

On February 14, Magistrate Judge Julie S. Sneed ruled that Valeska and the Baxters had sufficiently proved that after 27 separate attempts to serve Miscavige, they had “demonstrated due diligence in attempting to locate Miscavige and that Miscavige is actively concealing his whereabouts or evading service.” Sneed ruled that Miscavige had been served by substitution, and that he was now an official defendant in the case.

Miscavige is objecting to Sneed’s ruling in a new document asking district Judge Thomas Barber to overturn her decision. (The other institutional defendants have also filed their own objections as well, claiming that Sneed’s ruling made erroneous statements about jurisdictional and other matters.)

Schifino’s filing alleges that Magistrate Judge Sneed made many errors in her ruling, but the thing he focuses on most is the allegation made by the plaintiffs that the various Scientology entities, such as the Church of Scientology International, the Flag Service Organization, and the Flag Ship Service Organization, are “agents” for Miscavige, and that Miscavige does business in Florida which benefits him personally.

These are the same objections that were brought up in a January 20 court hearing, which Mark Bunker provided us an account of. If you remember, Bunker said it exasperated Judge Sneed the way Miscavige’s attorneys kept trying to assert that Miscavige was not doing business in Florida as “an individual.”

We know that readers are generally mystified by the basic concept here, that David Miscavige is arguing that he’s never been properly informed that he’s being sued, when he clearly must know that’s the case when he’s paying attorneys like Schifino big money to come to court and say he isn’t aware that he’s being sued. But that’s how US law works. It’s insane, we know.

So we’re going to pull out numerous passages from Miscavige’s objection so you can see how he’s arguing this time that he does no business in Florida, the Scientology institutions are not agents of his, and that he gets no personal benefit from Scientology’s work in the Sunshine State. Brace yourselves.

Mr. Miscavige has never been personally served with process in this action. Instead, Plaintiffs sought a ruling that he could be deemed served through the Florida Secretary of State, though their Motion failed to identify any statutory authorization for doing so. On February 14, 2023, Magistrate Judge Sneed denied the Motion in part, declining to find Mr. Miscavige in default, but finding that he had been “properly served with process pursuant to sections 48.181 and 48.161 of the Florida Statutes.” Because this finding was “clearly erroneous” and “contrary to law,” Mr. Miscavige objects to the Order in accordance with Fed. R. Civ. P. 72(a).

…

In granting the Motion, the Magistrate erroneously reached beyond Plaintiffs’ Motion to find support for such substitute service based on arguments raised for the first time at the hearing. In doing so, the Magistrate relied upon allegations in the Amended Complaint that were pure legal conclusions and boilerplate, misinterpreted or ignored the Amended Complaint’s specific allegations concerning Mr. Miscavige’s activities, which belied the boilerplate statements, and construed Plaintiffs’ allegations in a manner contrary to sworn affidavits submitted by other Defendants and in a manner that risks a significant encroachment on the Defendants’ First Amendment rights.

…

Plaintiffs are three former members of the Church of Scientology. After voluntarily serving as members of the Church’s religious order, the Sea Organization (“Sea Org”), for over a decade, they departed the religious order but continued practicing Scientology as parishioners at their local churches. Plaintiffs later filed this lawsuit against five entities associated with Scientology, as well as against Mr. Miscavige, the Chairman of the Board of Defendant RTC and the ecclesiastical leader of Scientology. The claims against Mr. Miscavige are baseless; his inclusion pure harassment. Plaintiffs’ allegations are false in many respects, including, as relevant here, the false and conclusory assertions that Church-related charitable fundraising is performed for Mr. Miscavige’s pecuniary benefit, and that the Defendant entities are somehow agents of Mr. Miscavige. Although Plaintiffs filed their Complaint on April 24, 2022 and amended on August 2, 2022, they have never personally served Mr. Miscavige. Plaintiffs attempted service at a smattering of Scientology-related entities in Florida and California. Mr. Miscavige was not present at any of these locations when service was attempted.

…

The Order should be set aside pursuant to Rule 72(a) as both clearly erroneous and contrary to law because the Magistrate misinterpreted the record and misapplied the relevant legal standards in granting Plaintiffs’ Motion. The Magistrate committed clear error in finding that Plaintiffs had satisfied their burden to allege that Mr. Miscavige had engaged in business in Florida in his “individual capacity,” Order at 18-22, and that their causes of action arose from Mr. Miscavige engaging in such business in Florida.

…

In reaching this conclusion, the Magistrate relied on arguments made by Plaintiffs’ counsel for the first time in the hearing, and looked principally to a single paragraph of the Amended Complaint, containing: (1) a litany of boilerplate assertions, such as “Miscavige has operated, conducted, engaged in, or carried on a business or business venture in Florida;” (2) allegations clearly relating to conduct undertaken on behalf of the entity Defendants, rather than in an individual capacity, such as purportedly “controlling and directing . . . Scientology’s substantial real estate holdings in Clearwater, Florida . . . providing . . . temporary quarters for visiting Scientologists;” and (3) the bare legal conclusion that each of the Scientology entities, including the Church of Scientology International itself, is the “agent” of Mr. Miscavige. The Magistrate also appeared to rely on the blatantly false assertion in the Amended Complaint that the charitable fundraising conducted by Defendant IASA is actually for Mr. Miscavige’s personal benefit. All of this constitutes clear error in several respects.

…

Regardless of the pleading standard to be applied, the allegations of the Amended Complaint repeatedly make plain that the alleged business conduct was not undertaken by Mr. Miscavige in his personal capacity but rather on behalf of RTC — the entity for which Mr. Miscavige serves as the Chairman — or on behalf of the religion more generally. Indeed, the allegations specifically seized on by the Magistrate leave no doubt that the alleged activity was not performed in an individual capacity. For example, the Magistrate relied on allegations that:
– Mr. Miscavige’s so-called “business contacts within Florida” included “promoting, fundraising and directing the management and operations of” Scientology organizations.
– “Miscavige has ‘continuous and systematic’ business ties to Florida through ‘negotiating and directing the purchase of real property in Florida,’ and ‘control[ling] and direct[ing]’ the management of FSO, including the ‘ownership, management and operation of Flag Base, Scientology’s substantial real property holdings in Clearwater, Florida . . . providing (among other things) temporary quarters for visiting Scientologists, facilities for classes and auditing sessions, dining and meeting facilities,’”
– “Miscavige controls and directs Defendant CSI, which conducts ‘substantial business’ through the licensing of Scientology intellectual property . . .”

…

Even if true, and they are not, none of those allegations involve Mr. Miscavige engaging in business in Florida in his “individual capacity,” as Fla. Stat. § 48.181 requires, see Farouki, 682 So. 2d at 1186, and Plaintiffs have never argued otherwise.

…

The Magistrate seemed to conclude that because Plaintiffs made the bald (and untrue) allegation that Mr. Miscavige received pecuniary benefits from the conduct of certain Defendants, Plaintiffs had somehow satisfied their burden to show that he engaged in conduct in his individual capacity. But such a ruling would be clearly contrary to the line of Florida cases holding that the actions of officers and directors, who naturally receive pecuniary benefits from their work, are not subject to service under Fla. Stat. § 48.181 when they engage in business in Florida on behalf of their employers.

…

Although the Amended Complaint contained no allegations of Mr. Miscavige actually conducting business activities in his individual capacity, such as purchasing land for himself or entering into contracts for himself, the Magistrate held that all of the “business” conduct of the entity Defendants could be attributed to him and treated as his own. The Magistrate reached this conclusion based upon the conclusory allegation that the entities through their association with Miscavige “serve as his agents.” This was clear error in several respects.

…

Plaintiffs recognize that Mr. Miscavige is the ecclesiastical leader of the Scientology religion as well as Chairman of the Board of RTC. That his actions might benefit other Scientology entities reflects his responsibilities in those positions. Plaintiffs do not even allege that Mr. Miscavige’s lack of a role with other Defendants suggest that he was acting in his individual capacity or that they are his “agent.” To the contrary, Plaintiffs’ allegation is that Mr. Miscavige “through RTC” somehow directs the other entities. That is untrue, but even Plaintiffs’ allegations are contrary to the Magistrate’s conclusion. To suggest that Mr. Miscavige is acting in an “individual capacity” when he takes actions benefitting Scientology broadly is to ignore his role in the religion as well as Plaintiffs’ own allegations, and is an extraordinary judicial dismissal of the manner in which a religion organizes its internal ecclesiastic affairs. It is also clear error.

…

In addition, the allegation that the entity Defendants—all recognized tax-exempt religious organizations—engaged in “business” activities, is fundamentally at odds with the way Florida law defines that term. The Florida Local Business Tax Act contains the definitions of religious and charitable organizations specifically removing them from the definition of “business” entities. Fla. Stat. § 205.022. The term “business” does not include “the customary religious, charitable, or educational activities of nonprofit religious, nonprofit charitable, and nonprofit educational institutions in this state.” In contrast the term “Religious institutions” is used to define churches and ecclesiastical or denominational organizations.

…

The Magistrate’s sweeping decision to treat a series of tax-exempt religious entities as the mere “agents” of Mr. Miscavige not only denigrates the legitimacy of Scientology as a religion, but also the Church’s First Amendment freedoms, as reflected in the ministerial exception and ecclesiastic abstention doctrine. The Supreme Court has held that the First and Fourteenth Amendments afford religions a special place under the law, and a religion’s determinations of church governance must be viewed as final.

…

The Magistrate’s broad conclusion that, for the purposes of service of process, all Scientology organizations may be treated as “agents” of Mr. Miscavige, engaging in “business” for his personal benefit rather than religious charitable activities, intrudes into the religious affairs of the Church no less than a determination that every Roman Catholic church or charity is but an agent of the Pope for his pecuniary benefit.

These last three really kill us. Do you see what they’re saying here? It’s insulting to say that Scientology does “business” in Florida because it’s a religion. It’s insulting to say that Scientology is merely an “agent” for Miscavige, who is no way a ruthless micro-managing tyrant. And third, saying these things is like saying the Catholic Church is just out to make cash for the Pope. (Miscavige loves to compare himself to the Pope.)

These are all-timers, people. And we wonder if Judge Barber will realize that Scientology is reaching for the smelling salts here.

The filing also argues that because the abuse alleged by the Sea Org workers occurred in international waters, and not in Florida, it also shows the ruling was in error.

The only Plaintiff who even contends she met Mr. Miscavige is Ms. Paris, who specifically alleges that she briefly spoke with him aboard the Freewinds in or before 2007. That interaction is not alleged to be tortious in any way and it is thus unconnected to Plaintiffs’ claims. Moreover, Plaintiffs allege the Freewinds has never been in territorial waters, and as such the interaction can neither demonstrate a nexus with Florida nor have any relevance to a cause of action, as the TVPRA had no extraterritorial effect before December 2008. This alleged interaction is innocuous, unconnected to Florida or the claims asserted, and thus entirely irrelevant.

So, for all those reasons and more, Miscavige wants Judge Barber to overrule Magistrate Judge Sneed’s ruling and determine that he has still not been served this lawsuit.

What do you think are his chances?

 
——————–

Technology Cocktail

“I have an awfully hard time with blind people on this ‘Now I am supposed to.’ I can get them to see, get them to do everything. Then they suddenly realize that they were not supposed to be able to see — and they shut off their sight again, but you process some more, and so on. But any time you have a vagary in the adjustment of sight, it is a vagary in the adjustment of havingness.” — L. Ron Hubbard, 1957

 
——————–

THE PROSECUTION OF DANNY MASTERSON

We first broke the news of the LAPD’s investigation of Scientology celebrity Danny Masterson on rape allegations in 2017, and we’ve been covering the story every step of the way since then. At this page we’ve collected our most important links as Danny faces a potential sentence of 45 years to life in prison. NOW WITH TRIAL INDEX.

 
——————–

THE PODCAST: How many have you heard?

[1] Marc Headley [2] Claire Headley [3] Jeffrey Augustine [4] Bruce Hines [5] Sunny Pereira [6] Pete Griffiths [7] Geoff Levin [8] Patty Moher [9] Marc Headley [10] Jefferson Hawkins [11] Michelle ‘Emma’ Ryan [12] Paulette Cooper [13] Jesse Prince [14] Mark Bunker [15] Jon Atack [16] Mirriam Francis [17] Bruce Hines on MSH

— SPECIAL: The best TV show on Scientology you never got to see

[1] Phil Jones [2] Derek Bloch [3] Carol Nyburg [4] Katrina Reyes [5] Jamie DeWolf

— The first Danny Masterson trial and beyond

[18] Trial special with Chris Shelton [19] Trial week one [20] Marc Headley on the spy in the hallway [21] Trial week two [22] Trial week three [23] Trial week four [24] Leah Remini on LAPD Corruption [25] Mike Rinder 2022 Thanksgiving Special [26] Jane Doe 4 (Tricia Vessey), Part One [27] Jane Doe 4 (Tricia Vessey), Part Two [28] Claire Headley on the trial [29] Tory Christman [30] Bruce Hines on spying [31] Karen de la Carriere [32] Ron Miscavige on Shelly Miscavige [33] Karen de la Carriere on the L’s [34] Mark Bunker on Miscavige hiding [35] Mark Plummer [36] Mark Ebner [37] Karen Pressley

Source Code

“A radio ad in the Los Angeles area in l950 was pulling in 125 new people a night. They came in, they were given cards, they were given a very bright lecture, they were very interested, they were given these cards to fill out as to whether or not they wanted training and processing, and what was their home address and phone number. The cards were handed out to them. The organization left them on the chairs, they fell off the chairs and on the floor, and eventually an old showman, the janitor, sort of got the idea maybe he shouldn’t be burning up all this trash and started turning them into me directly…That was the operating line of PE, l950. The organization was making a fortune, until it all just went bong bang crash thud bong on just too much Dev-T, out-ethics, dishonesty, various things. Somebody decided he’d like to cut himself a whole piece of the organization, things of this character. But the organization could be put back together again to run at that high rate of speed anytime, any minute. We have found out it doesn’t matter what the papers say, it doesn’t matter what Time Magazine says, it doesn’t matter what the psychiatrists say, the word of mouth in the streets, it doesn’t matter one bit at all. It doesn’t matter how many football matches, it doesn’t matter how many this, how many that and so forth. An effective, efficient organization which is viably running and so forth, makes a mint.” — L. Ron Hubbard, March 1, 1972

 
——————–

Avast, Ye Mateys

“We sail at 1700 today. Have all readiness reports in by 1500 and all bills paid please. Cond I will take her out of harbour and Condition VI with A2 up first will handle at sea. A VIP reception will be given in the next port on the 3rd of March. The ship will be cleaned, scrubbed and painted up for this event.” — Capt W.B. Robertson, Flag Ship Org, March 1, 1971

 
——————–

Overheard in the FreeZone

“My purpose years ago was to become a free spirit and I had totally given up all considerations on MEST and really didn’t need it. I used it as it was required and had no need or inclination to acquire more of it as I considered it baggage. Money and or the exchange of goods and services got me where I needed to be and I was happy. My current wife is totally MEST-driven and has gotten me trapped in the acquisition of more and more of it to a point where I have a house with five bedrooms of which three are empty. Whaaaat? This is a huge trap for me. I am a free spirit not this MEST-accumulating humanoid. I have become what I didn’t want and used to look at others in the same position and see their trap. I need to revitalize my purpose.”

 
——————–

Past is Prologue

1997: Otmar Lendl summarized a press release from the German government concerning Scientology. “Bavaria’s minister for internal affairs Beckstein noted with satisfaction that the NY-based Jewish World Congress distanced itself clearly from the recent propaganda action of Hollywood-stars in favor of CoS. Beckstein regards the JWC as uniquely legitimized to speak up against despotism, violence, and cynical human rights violations. In a letter he thanks JWC’s president Edgar Bronfman for his courageous words and calls for all well-meaning and sensible persons in the USA to follow Bronfman’s example. Comparison to holocaust is an insult to holocaust victims. Thanks for voices who defend Germany. Germany has to protect its citizens, regardless whether the danger calls itself ‘religion’ or not. CoS couldn’t prove a singe human right violation CoS is a danger to individuals and the community as whole. CAN takeover, hate-campaign vs Germany shows CoS intentions thus we need to oppose CoS with a all legal means This is possible in the US, too, as some court ruling show.”

 
——————–

Random Howdy

“Crowley adherents take the man at his word just like you-know-who do. They don’t understand he was a showman B.S.-artist and it was all about the sex and drugs. They believe in ‘magick’.”

 
——————–

Full Court Press: What we’re watching at the Underground Bunker

Criminal prosecutions:
— Danny Masterson charged for raping three women: Mistrial declared November 30. Retrial scheduled, jury selection begins March 29. Next pretrial hearing: Feb 16.
— ‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Next pretrial hearing Feb 13.
— Rizza Islam, Medi-Cal fraud: Trial scheduled for March 1 in Los Angeles
— David Gentile, GPB Capital, fraud: Next status conference Feb 13.

Civil litigation:
— Baxter, Baxter, and Paris v. Scientology, alleging labor trafficking: Complaint filed April 28 in Tampa federal court, Scientology moving to compel arbitration. Plaintiffs filed amended complaint on August 2. Hearing November 17 to argue the arbitration motions, awaiting ruling.
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Selection of arbitrators underway. Next court hearing: March 15, 2023.
— Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Stay in place at least through February 7.
— Author Steve Cannane defamation trial: New trial ordered after appeals court overturned prior ruling.
— Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Lawsuit filed by the FTC and state of Georgia in August, now in discovery phase.

 
——————–

SCIENTOLOGY: FAIR GAME

After the success of their double-Emmy-winning, three-season A&E series ‘Scientology and the Aftermath,’ Leah Remini and Mike Rinder continue the conversation on their podcast, ‘Scientology: Fair Game.’ We’ve created a landing page where you can hear all of the episodes so far.

LEAH REMINI: SCIENTOLOGY AND THE AFTERMATH

An episode-by-episode guide to Leah Remini’s three-season, double-Emmy winning series that changed everything for Scientology watching. Originally aired from 2016 to 2019 on the A&E network, and now on Netflix.

SCIENTOLOGY’S CELEBRITIES, from A to Z

Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!

 
Other links: SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks. Scientology’s Ideal Orgs, from one end of the planet to the other. Scientology’s sneaky front groups, spreading the good news about L. Ron Hubbard while pretending to benefit society. Scientology Lit: Books reviewed or excerpted in a weekly series. How many have you read?

 
——————–
THE WHOLE TRACK

[ONE year ago] Scientology asks California Supreme Court to review its defeat on ‘religious arbitration’
[TWO years ago] Hidden microphone: Scientology staffer shows how far they’ll go for $50
[THREE years ago] Videos capture Scientology’s bizarre ideas about Clearwater election and Mark Bunker
[FOUR years ago] Adam Holland, Scientology whistle-blower who exposed Sea Org conditions, 1988-2019
[FIVE years ago] Scientology bragging on how well its Super Bowl ad did is the best thing ever
[SIX years ago] 15 of the strangest things Scientology’s two supreme leaders ever uttered
[SEVEN years ago] What Scientology kids are really taught to believe about other religions and ‘God’
[EIGHT years ago] Sunday Funnies: Scientology going all-in with fundraising and fire fighters
[NINE years ago] Jon Atack: The harassment of independent Scientologists didn’t begin with David Miscavige
[TEN years ago] Is The L.A. Cyclist Who Was Nearly Killed in Hit-and-Run a Scientology “Sea Org” Worker?
[ELEVEN years ago] When Scientologists Talk To Each Other About Scientology

 
——————–

——————–

Posted by Tony Ortega on March 1, 2023 at 07:00

E-mail tips to tonyo94 AT gmail DOT com or follow us on Twitter. We also post 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 new book with Paulette Cooper, Battlefield Scientology: Exposing L. Ron Hubbard’s dangerous ‘religion’ is now on sale at Amazon in paperback and Kindle formats. Our book about Paulette, 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, 1995-2021 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2021), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)

Other links: BLOGGING DIANETICS: Reading Scientology’s founding text cover to cover | 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 | Shelly Miscavige, 15 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

Watch our short videos that explain Scientology’s controversies in three minutes or less…

Check your whale level at our dedicated page for status updates, or join us at the Underground Bunker’s Facebook discussion group for more frivolity.

Our non-Scientology stories: Robert Burnham Jr., the man who inscribed the universe | Notorious alt-right inspiration Kevin MacDonald and his theories about Jewish DNA | The selling of the “Phoenix Lights” | Astronomer Harlow Shapley‘s FBI file | Sex, spies, and local TV news | Battling Babe-Hounds: Ross Jeffries v. R. Don Steele

 

Tony Ortega at The Daily Beast