Scientology whines in court again, and this time we’re the direct beneficiaries

It should not surprise you to hear that Scientology’s attorneys are not happy again. But this time, they’re actually unhappy with a judge.

Last week, Judge Upinder Kalra lifted the stay on the Bixler v. Scientology lawsuit, which had been on hold while Danny Masterson’s criminal trials were going on. (That’s the lawsuit that was filed in 2019 by Masterson’s victims against Danny and the church, accusing them of a campaign of harassment.)

Now that Masterson has been sentenced, Judge Kalra lifted the stay on the lawsuit over the objection of Scientology’s lawyers.

Scientology’s attorneys — William Forman for the church, Robert Mangels for RTC, as well as Andrew Brettler for Masterson — argued that the lawsuit should stay on ice for now, but Judge Kalra disagreed.

And now they’ve filed a motion carping that the good judge, in his Minute Order, made it sound like all sides agreed to lift the stay, and they want him to correct the record.

“The Defendants respectfully request that this objection be sustained, and the Court correct the Minute Order to reflect that the lifting of the stay was over the objections of the Defendants,” they write.

Well, whatever.

The reason we’re bringing it up is not so much for what the Scientology attorneys are complaining about, but that in order to bolster their point, they attached a transcript of last week’s hearing.

Hey, that’s handy. We had described the hearing to you based on our correspondent’s notes, but we thought you might like to see exactly how things actually went down and to see Judge Kalra’s words for yourself. It’s not every day that we have a record of what was said in court, so we’re thankful that Scientology’s suits threw this fit.

Let us know what you think of Judge Kalra and how he handled this brief courtroom encounter.

Judge Upinder Kalra: Chrissie Bixler, et al, versus Church of Scientology… We have counsel in court. We have lots of counsel on CourtConnect. We have a court reporter on CourtConnect. Please speak clearly, slowly, and loudly. And please identify yourself when speaking. We are going to start with counsel in court. Counsel, appearance?

Andrew Brettler: Good morning, your honor. Andrew Brettler for defendant Masterson.

Judge Kalra: OK. And who do we have here for the plaintiff, Jane Doe?

Brad Edwards: Brad Edwards for Jane Doe 1.

Judge Kalra: That’s one plaintiff. And Plaintiff Bixler?

Alison Anderson: We represent the remaining plaintiffs. Alison Anderson and John Kucera on the line.

Judge Kalra: OK. And is there a Simon Leen?

Anderson: He’s not here today. Thank you.

Judge Kalra: OK. And now, defendant Church of Scientology. Do we have counsel on CourtConnect?

William Forman: Yes, William Forman and Margaret Dayton for defendant Church of Scientology International, and Church of Scientology Celebrity Centre, International.

Judge Kalra: OK, all right.

Robert Mangels: Yes, your honor. Robert Mangels and Matthew Hinks.

Judge Kalra: OK. I hope I got everyone. I know there’s some observers, as well. Did I get all the appearances of counsel? Today’s the date, there was, we put this over whether or not to lift the stay. I did read the status conference, joint status conference, filed on September 25. There was an objection to take judicial notice. This is just a status conference. I’m not taking judicial notice or not judicial notice of anything at this point. This is just to get the respective positions on whether or not the court should lift the stay.

I understand that defendant Masterson has been sentenced. I’m also understanding that he still enjoys the Fifth Amendment privilege against self-incrimination because there’s an appellate process. So while that Fifth Amendment is not waived, this case has been on abeyance for a significant period of time. It was filed on August 22, 2019. I know the court, and including prior bench officials, stayed the action to allow the criminal proceeding to proceed.

There was a first trial. It was a mistrial. There was a second trial and conviction. And although defendant Masterson still enjoys the Fifth Amendment privilege, it seems to me on balance, at this point we can proceed. And whether Masterson invokes the Fifth in regards to any discovery request, we’d take that up individually. Those are the challenges plaintiffs will face.

And plaintiff is asking that we proceed. Be careful what you wish for, plaintiff. If I lift the stay that five-year clock will start again. And if you are being challenged in getting discovery because defendant Masterson will continue to enjoy the Fifth Amendment privilege until the appellate process works its way out — and I would venture to guess, 60 days to file a notice of appeal. It will take a significant period of time for the record on appeal to be prepared.

And thereafter, after the record is prepared, the appellate court, depending on the division — they each have different paces — but I’m be ambitious, two and a half to three years before an appellate opinion issues. I don’t know what appellate issues are going to be raised. I’m not going to comment on that.

But after an appellate opinion is issued, there would be a petition for re-hearing. Following a petition for re-hearing, there will be a petition for review. So three years, easy.

And if you want me to lift the stay, and you come back later and say we need additional time, time should be tolled because we couldn’t get discovery, you’re making this request with eyes wide open. So you’d be hard-pressed to make that argument with this knowledge.

Plaintiff, are you sure you want me to lift the stay? Who would like to be heard?

Edwards: On behalf of Jane Doe 1, yes, we’d like the stay lifted.

Judge Kalra: OK. Remaining plaintiffs?

Anderson: We agree as well, your honor.

Judge Kalra: You’re doing it with eyes wide open, counsel Edwards?

Edwards: Yes, your honor. We understand that’s the risk and the problems going forward.

Judge Kalra: Counsel Anderson?

Anderson: Same. Yes, we understand.

Judge Kalra: So defense, I understand you might — defense, who would like to be heard for Masterson?

Brettler: Your honor, for Masterson, I set forth our position in the status conference report. As the court recognizes, Mr. Masterson still is entitled to the Fifth Amendment protection, not only because of the appeal, but the third mistried count is still viable, and could be retried. The stay should remain in place with respect to Mr. Masterson through the time the appeal is fully resolved, and the government decides to dismiss that third count with prejudice.

Judge Kalra: And for the Church of Scientology, who would like to be heard?

Forman: Your honor, this is Bill Forman for the Church of Scientology International. I think the most important factor that needs to be addressed here is, we were just informed yesterday by plaintiffs’ counsel that they intend to file an amended complaint in this matter.

We had asked them at the meet-and-confer last week what their intentions were with that, and they said, we’ll get back to you. They told us yesterday at 4:30. I responded immediately, what are the grounds for the amendment, the new allegations, what are the new causes of action? I did not even receive an acknowledgement of my email. We cannot be put in a position of propounding or responding to discovery if there’s going to be an amendment.

So I would suggest the stay continue while they get us their proposed amendment. We see if we stipulate to the filing of it, or whether they need to file a motion for leave to file the amendment because we have no idea what we’re facing now. We don’t understand why they hid the ball for so long. And we’re so, and could not even tell us what the grounds for amendment are.

Judge Kalra: The only thing before me is the current pleadings. Whether or not they intend to amendment, whether they voice their interest in amending matters not to the court. There’s a pleading before the court. So the argument that you do not know how to respond to the discovery does not go very far with this court. There’s a current pleading. That’s the only pleading. Whether they intend to do it by stipulation or whether the court will grant leave, until that happens, there’s a current pleading. You know what the issues are, right, today. And that really has little to do with the stay or not. But I appreciate your position. Lastly, the Religious Technology Center?

Mangels: Yes, your honor. Robert Mangels. I join with Mr. Forman. This law firm’s been involved, new law firm for six to eight months. They’ve never mentioned an amended complaint until last week when we finally pried it out of them that they were going to file an amended complaint.

We do not know who the defendants will be. We do not know what the causes of action will be, what they will be. It’s, essentially, unfair to ask us to proceed without a viable complaint on file. If they wait months to file an amended complaint, we’ll need, we’ll have to start over again with discovery.

The court should consider at least staying this until they file their amended complaint. I assume they can do it tomorrow. So what’s, I don’t understand what the problem with them giving us the amended complaint is, frankly.

Judge Kalra: Well, I don’t understand how you possibly not know you don’t have a pleading. There’s a pleading before me. People always say maybe I’m going to do this or that. You can respond to discovery. With that, plaintiff wants the case to go forward. I understand. They’re not asking for limitations on the stay. I understand each of your respective positions, and I appreciate it.

I’m lifting the stay. I do not know how much time is left, so on the next court date file a joint report on what you believe is the time left regarding the, you subtract the time tolled from the time this case has been active. How much time we have left, I have no idea. I leave it to the parties. I will say this is 44-page of filings, each page has basically ten electronic filings. We’re talking about 400-plus filings. I leave it to the parties to tell me where we are.

If you can’t make an agreement, I’ll enter an order. And this is for a case that’s been stayed for a significant period of time.

Now, with that being said, my trial dates are a year out. I need to know up front if that’s a little ambitious. If so, I’ll just kick it out further, but I have trial dates a year out. Plaintiff Edwards?

Edwards: Yes, your honor. I think without getting any discovery, it’s hard to know. But it might be slightly ambitious from my point of view.

Judge Kalra: OK. So I’m going to kick it out two years. So that will give you plenty of time for any of the other issues to be worked out. September 22, 2025, 10 am. Final status conference, September 10, 2025 at 9:30 am. And post-mediation status conference May 16, 2025, at 8:30 am. First off, does that work for your calendar?

Edwards: Yes, your honor.

Judge Kalra: Does that work, counsel Anderson?

Anderson: Your honor, at the risk of rocking the boat when we’ve got a date, I might request a year and a half as opposed to two years, but if it’s two years, it’s two years.

Judge Kalra: Right now, it’s two years. You’re going to give me, we’re going to set a status date in about 90 days. I want to make sure I’m not outside the five-year period. We’re going to see each other sooner than that.

Anderson: I’m certain of it.

Judge Kalra: OK. Counsel for Masterson, does that work for you?

Brettler: Yes.

Judge Kalra: And Church of Scientology?

Forman: Yes, your honor.

Judge Kalra: Work for the Religious Technology Center?

Mangels: Yes.

Judge Kalra: OK. The parties are ordered to familiarize themselves with the courtroom information as part of the case management order. You’re free to file motions to compel, however the court does conduct informal discovery conferences prior to hearing the motion so you can save yourself resources and schedule it first.

If I suspect there’s a lot of discovery disputes, as I told the last party, you’re free to set up a referee by stipulation. If not, if there’s no stipulation, the court will hold whoever the moving party is to the standard under the law, which is an onerous standard.

In addition, the parties are ordered to comply with local rule 3.25. Meet and confer at least five days before the final status conference and file joint electronic documents.

We will set further status. I expect, additionally, it’ll be 90 days out. Thereafter, we may have to do it sooner. January 10, 2024 at 9 am. Does that work for counsel Edwards?

Edwards: Yes, your honor.

Judge Kalra: Counsel Anderson?

Anderson: Yes, your honor.

Judge Kalra: Counsel for Masterson?

Brettler: Yes, your honor.

Judge Kalra: Counsel for Church of Scientology?

Forman: Yes, your honor.

Judge Kalra: Counsel for Religious Technology?

Mangels: Yes.

Judge Kalra: OK. So plaintiff, unless you want to give notice, I’m going to ask that parties waive notice. Plaintiff Doe 1, waive notice?

Edwards: Yes, your honor, waive notice.

Judge Kalra: Counsel Anderson?

Anderson: Yes, we waive. Thank you.

Judge Kalra: Masterson?

Brettler: Notice waived.

Judge Kalra: Church of Scientology?

Forman: Notice waived.

Judge Kalra: Religious Technology Center?

Mangels: Yes, your honor.

Judge Kalra: OK. Delightful. Thank you for your patience and thank you for waiting. (Adjourned.)

Technology Cocktail

“After considerable study of various results I have come to the conclusion, which may be refined later, that the best shotgun for all cases is a combination of the CCHs, Prepchecking and 3D Criss Cross used in a certain specific and definite way with certain and specific indicators as to when and how they are employed.” — L. Ron Hubbard, 1962

 
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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.

 
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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 [38] Steve Cannane [39] Fredrick Brennan [40] Clarissa Adams [41] Louise Shekter [42] John Sweeney [43] Tory Christman [44] Kate Bornstein [45] Christian Stolte [46] Mark Bunker [47] Jon Atack [48] Luke Y. Thompson [49] Mark Ebner [50] Bruce Hines [51] Spanky Taylor and Karen Pressley [51] Geoff and Robbie Levin [52] Sands Hall [53] Jonny Jacobsen [54] Sandy Holeman

 
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Source Code

“The most serious barrier that an auditor has to overcome in Security Checking is not necessarily his own case, but a courage in asking . . to ask the questions. You know, that’s kind of a raw, mean, brassy sort of a thing to do. You sit down. Here’s this nice young girl. Everybody knows she’s a virgin. Everybody knows this. And you’re in very good ARC with her and everything is going to go along fine. And then you say to her, crassly and meanly, ‘Have you ever committed any carnal sins of any character or another? Have you ever been to bed in the wrong place at the wrong time with the wrong man?’ And put it mildly, this is a startling question. But since I’ve started security checking, I haven’t found any virgins.” — L. Ron Hubbard, October 5, 1961

 
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Avast, Ye Mateys

“The LRH Comm Correction Form will be used on any flagrant departures from the standard scene. Not only is it a sign of hat-dump if data is withheld on the grounds that a question is Dev T, it is also a sign of gross hat-dump if the LRH Comm is involved in an excessive amount of running around to get straightforward data. Any action that is Dev T is of course handled as such, and rightly. Getting data is NOT Dev T. Co-ordination requires co-operation.” — LRH Pers Comm, October 5, 1971

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Overheard in the FreeZone

“In another universe gays could be fine indivifuals but not in this one, the way things are designed and rigged. Two sexless thetans can share sexual sensations, out of body, no doubt, but why do that — read HCOB Pain and Sex. Play any games you like but not in this universe — go find another and leave us alone!”

Past is Prologue

1998: Bob Minton reported on additional harassment by Scientology of his former business partners. “A 14-page DA pack was delivered to my former partner, Jeff Schmidt, and the Nigerian Minister of Finance in Washington, D.C., this week during the IMF meeting. The DA pack was sent by Peter Franks, a private investigator for the Church of Scientology working out of England, and was no doubt hand-delivered by OSA personnel at the DC org. A leaflet [was] handed out during pickets at the home of Selwyn Lewis, my other former partner in Capetown, South Africa. In this latest ‘Trash the Critics’ operation, the Church of Scientology has said that the mere act of not providing them with information about me makes Mr. Lewis a dishonest businessman who lacks principles. It is interesting to note that the Scientologists have decided to completely trash the Nigerians. The purpose of this is clearly to drive a wedge between Jeff and the Nigerian government in order to disrupt his business with them. Further, Jeff will in turn put pressure on me, they hope, to get the Scientologists off his back. In fact, this morning, Jeff told me, ‘You are really making my life miserable.'”

 
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Random Howdy

“It will take a Snowball of Theta to save the planet from the Hairball of Entheta that is growing bigger in Basement Cat’s belly by the day.”

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

Criminal prosecutions:
— Danny Masterson charged for raping three women: Found guilty on two counts on May 31, remanded to custody. Sentencing on Sep 7.
— ‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Trial scheduled for August 15.
— David Gentile, GPB Capital, fraud.

Civil litigation:
— Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Complaint filed August 2, first hearing set for Dec 4.
— Baxter, Baxter, and Paris v. Scientology, alleging labor trafficking: Forced to arbitration. Plaintiffs allowed interlocutory appeal to Eleventh Circuit.
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’
— 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 sentencing of Masterson on Sep 7. Next hearing set for Sept 26.
— Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Next hearing Nov 6.
— Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Ordered to mediation.

 
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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?

 
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THE WHOLE TRACK

[ONE year ago] Prosecution plans to call Lisa Marie Presley as witness at Danny Masterson rape trial
[TWO years ago] US Supreme Court denies Valerie Haney; CA court gets letters on Scientology’s ‘neutrality’
[THREE years ago] SCIENTOLOGY BLACK OPS, Ep 9: Director Paul Haggis responds to a lawsuit’s rape allegations
[FOUR years ago] Fight Scientology, and you can end up paying the price for years and years
[FIVE years ago] Buried in US archives, a stunning indictment of Scientology and prediction of the future
[SIX years ago] Never before seen: Video of a woman moments after achieving superhuman Scientology powers
[SEVEN years ago] DRONE FLYOVER: Scientology’s secret saucer-looking underground vault in Northern California
[EIGHT years ago] VIDEO LEAK: Scientology’s New Year’s Eve 2006, when Leah Remini was still a front-row celeb!
[NINE years ago] Sunday Funnies: Scientology wants your child, even if it’s not yet born!
[TEN years ago] Claire Headley Gets Us Prepped for Scientology’s OT Levels!
[ELEVEN years ago] Oregon Dentist Ordered to Pay $348,000 After Pressuring an Employee to Attend Scientology Symposium

 
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Posted by Tony Ortega on October 5, 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, 1995-2022 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2022), 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

 

Tony Ortega at Rolling Stone