Scientology wants large portion of Bixler suit stricken — even before new version arrives

Scientology’s attorneys have thrown yet another curveball at Danny Masterson’s victims, who are suing the That ’70s Show actor and convicted serial rapist as well as the Church of Scientology for what they say has been years of harassment after coming forward to the LAPD with their allegations in 2016.

That lawsuit, known as Bixler v. Scientology, just recently got going again when Judge Upinder Kalra lifted the stay that had kept the 2019 case dormant while Masterson went through two criminal trials, culminating with his conviction on May 31 and his sentencing to 30 years to life in prison on September 7.

Even with the sentencing accomplished, Scientology still objected to the stay being lifted on the lawsuit, arguing in part that they had just learned that the plaintiffs are planning to file a new amended complaint which will, we assume, include updated allegations of intimidation and stalking which have occurred in the last couple of years.

So we’ve been waiting eagerly to see what those new allegations will be.

But even before the new amended complaint comes in (it will be the second amended complaint in the case), Scientology has now filed a motion to strike large portions of material from the first amended complaint, which was filed all the way back in February 2020.

Yes, more than three years after Masterson’s victims filed their first updated complaint, alleging that Scientology has relied on its “Fair Game” policies to stalk them, hack their electronics, and even poison their pets, Scientology now suddenly has a lot of problems with what they’re alleging.

Their beef comes down to two categories of things they don’t like in the 2020 first amended complaint.

1. All of the many references to Scientology’s “Fair Game” policies, which founder L. Ron Hubbard established in order to give his followers free reign to “destroy utterly” people who have been designated as enemies of the church.

2. Allegations about the rapes themselves, and about how Masterson’s victims — three of whom who were Scientologists at the time of the sexual assaults — were under instructions by Scientology not to go to law enforcement, and were punished by Scientology “ethics officers” for saying anything at all.

In regards to this second category of allegations, Scientology’s attorneys are arguing that any references to what occurred while the Jane Does were still Scientologists must be thrown out, because this lawsuit is only viable today because an appeals court found that the women could sue over their harassment as long as that harassment was going on after they had left the church.

If you remember, the Bixler lawsuit was forced into arbitration in December 2020 when the original judge, Judge Steven Kleifield, granted Scientology’s argument that the women had signed contracts while they were Scientologists which obliged them not to sue the church, but to take any grievances to Scientology’s own internal “religious arbitration.”

But in January 2022, a California appeals court reversed that ruling, saying that what the women were suing over — the stalking and intimidation that they’ve experienced since 2016 — should not be held to the contracts they signed as Scientologists because they had all left the church by then.

So now, Scientology is asking that references to, for example, Jane Doe 1 being told in 2003 that she couldn’t go to the LAPD by the church after her rape, should not be allowed in the lawsuit because she was still a Scientologist then.

As for the references to “Fair Game” that the church attorneys are asking to be stricken, they are arguing that even though these allegations are untrue (Scientology claims that Hubbard canceled the Fair Game policy in 1968), even if they were true they involve internal church doctrine and therefore cannot be judged by a civil court of law. Scientology’s First Amendment religious rights prevent that, they argue:

While all the allegations concerning the religious doctrine, beliefs, and practices of the Scientology religion are false, the alleged existence of a Church doctrine and the alleged commands of Scientology Scripture concern religious conduct and raise ecclesiastical issues. Any attempt to prove such allegations would necessarily “implicate resolution of ecclesiastical issues,” and therefore, under the Writ Opinion, these allegations cannot form the basis of Plaintiffs’ claims.

That lawsuit, known as Bixler v. Scientology, just recently got going again when Judge Upinder Kalra lifted the stay that had kept the 2019 case dormant while Masterson went through two criminal trials, culminating with his conviction on May 31 and his sentencing to 30 years to life in prison on September 7.

Even with the sentencing accomplished, Scientology still objected to the stay being lifted on the lawsuit, arguing in part that they had just learned that the plaintiffs are planning to file a new amended complaint which will, we assume, include updated allegations of intimidation and stalking which have occurred in the last couple of years.

So we’ve been waiting eagerly to see what those new allegations will be.

But even before the new amended complaint comes in (it will be the second amended complaint in the case), Scientology has now filed a motion to strike large portions of material from the first amended complaint, which was filed all the way back in February 2020.

Yes, more than three years after Masterson’s victims filed their first updated complaint, alleging that Scientology has relied on its “Fair Game” policies to stalk them, hack their electronics, and even poison their pets, Scientology now suddenly has a lot of problems with what they’re alleging.

Their beef comes down to two categories of things they don’t like in the 2020 first amended complaint.

1. All of the many references to Scientology’s “Fair Game” policies, which founder L. Ron Hubbard established in order to give his followers free reign to “destroy utterly” people who have been designated as enemies of the church.

2. Allegations about the rapes themselves, and about how Masterson’s victims — three of whom who were Scientologists at the time of the sexual assaults — were under instructions by Scientology not to go to law enforcement, and were punished by Scientology “ethics officers” for saying anything at all.

In regards to this second category of allegations, Scientology’s attorneys are arguing that any references to what occurred while the Jane Does were still Scientologists must be thrown out, because this lawsuit is only viable today because an appeals court found that the women could sue over their harassment as long as that harassment was going on after they had left the church.

If you remember, the Bixler lawsuit was forced into arbitration in December 2020 when the original judge, Judge Steven Kleifield, granted Scientology’s argument that the women had signed contracts while they were Scientologists which obliged them not to sue the church, but to take any grievances to Scientology’s own internal “religious arbitration.”

But in January 2022, a California appeals court reversed that ruling, saying that what the women were suing over — the stalking and intimidation that they’ve experienced since 2016 — should not be held to the contracts they signed as Scientologists because they had all left the church by then.

So now, Scientology is asking that references to, for example, Jane Doe 1 being told in 2003 that she couldn’t go to the LAPD by the church after her rape, should not be allowed in the lawsuit because she was still a Scientologist then.

As for the references to “Fair Game” that the church attorneys are asking to be stricken, they are arguing that even though these allegations are untrue (Scientology claims that Hubbard canceled the Fair Game policy in 1968), even if they were true they involve internal church doctrine and therefore cannot be judged by a civil court of law. Scientology’s First Amendment religious rights prevent that, they argue:

While all the allegations concerning the religious doctrine, beliefs, and practices of the Scientology religion are false, the alleged existence of a Church doctrine and the alleged commands of Scientology Scripture concern religious conduct and raise ecclesiastical issues. Any attempt to prove such allegations would necessarily “implicate resolution of ecclesiastical issues,” and therefore, under the Writ Opinion, these allegations cannot form the basis of Plaintiffs’ claims.

It’s interesting to go through and see which lines from the 2020 first amended complaint the Scientology attorneys want thrown out. But we have to wonder what the point of this exercise is, when just a couple of weeks ago the same attorneys were whining that the lawsuit should be kept on ice because a second amended complaint is about to be filed, making the previous one irrelevant.

We asked an attorney friend what he thought this was all about, and he answered: “Dev-T.”

That’s Scientology slang for wasting time, and he explained that Scientology will always look for any opportunity to clog the court docket with time-consuming nonsense that costs everyone time and money.

Well, that’s probably as good an explanation as any!

Judge Kalra set trial in the lawsuit for September 2025, but Scientology has asked for a hearing to address their motion to strike on November 22.

It’s interesting to go through and see which lines from the 2020 first amended complaint the Scientology attorneys want thrown out. But we have to wonder what the point of this exercise is, when just a couple of weeks ago the same attorneys were whining that the lawsuit should be kept on ice because a second amended complaint is about to be filed, making the previous one irrelevant.

We asked an attorney friend what he thought this was all about, and he answered: “Dev-T.”

That’s Scientology slang for wasting time, and he explained that Scientology will always look for any opportunity to clog the court docket with time-consuming nonsense that costs everyone time and money.

Well, that’s probably as good an explanation as any!

Judge Kalra set trial in the lawsuit for September 2025, but Scientology has asked for a hearing to address their motion to strike on November 22.

 
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Technology Cocktail

“If you try to clean a clean rudiment, the pc has the missed withhold of nothingness. The auditor won’t accept the origination or reply of nothingness. This can cause a huge ARC break, worse than missing a somethingness. A nothingness is closer to a thetan than somethingness.” — 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

“I went to a Picasso show one day with a fellow from Greenwich Village. He was wearing a turtleneck sweater and I was wearing a business suit, and everybody who was coming to the Picasso show was dressed in tails and ermine wraps and evening gowns. This was really swell, it was really upstage…I was interested in the neurosis from which Picasso was probably suffering, but more importantly, in why he was doing it. I was coming to the conclusion that it was just a big experiment, as far as he was concerned, whereby he was testing color and design lines. We were going hot and heavy. This artist would say, ‘Oh, but no! There is so much soul! There’s this! There’s that.’ And I would say, ‘No, it just merely looks to me like he’s got a libido complex or something.’ We got up to the second floor, and he and I had such a falling out about one of the paintings that we reached a static, and we were silent for a moment. We happened to look around and we had about fifty people following us along the line of pictures and listening to us. Some of them were trying hard to look very edified. So I got very interested in the people who were watching the Picasso show and took a series of notes. I wrote an article for the New Yorker on it.” — L. Ron Hubbard, October 12, 1951

Avast, Ye Mateys

“THE GLASS: Lowest barometer we’ve ever seen. Got down to 29.27. But it began to rise yesterday even steadily and did not pump (go up and down) which is good as that means HURRICANE and you don’t want to be in a port in the path of one of those. You want to be at sea following Buys Ballot’s law (see Bowditch or other texts), steering away from the center. So we apparently sail on schedule.” — The Commodore, October 12, 1970

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Overheard in the FreeZone

“Back in the day, we used to refer to certain things as ‘tracky.’ I don’t know if anyone does that any more. But the most ‘tracky’ movie I’ve ever seen is The Matrix. The film’s story arc and dialog are so accurate it’s almost frightening. This universe is a world which had been pulled over our eyes to blind us to the real truth. As you move up the Bridge, the layers fall away until, toward the end, the real truth becomes visible.”

 
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Past is Prologue

1998: Factnet released a report on Scientology celebrities this week. Some highlights: “Scientology’s celebrities are compensated richly for endorsements. John Travolta alone has had in excess of $100,000 of free services in compensation, commissions of up to 10% for bringing people into Scientology, free luxury accommodations and carte blanc use of the finest Scientology facilities and properties. Scientology’s current leader David Miscavige learned that Tom Cruise had a fantasy of running through a field of tall wheat grass with Kidman. So, Miscavige ordered a section of Scientology’s desert compound in Gilman Hot Springs to be plowed under and planted with wheat. At a cost of tens of thousands of dollars, and through the slave labor of cult members who work all day and all night for weeks, a field of tall wheat grass is grown in the desert so that Tom Cruise and Nicole Kidman may run though it. Scientology arranged Tom Cruise’s entire divorce from Mimi Rogers for no charge. The cult knows Cruise is dyslectic and has difficulty reading and so ‘convinced’ him to let them handle his bookkeeping and the divorce from Mimi Rogers. Orchestrating this divorce was important to Scientology because Rogers was disaffected from Scientology; thus it was in Scientology’s interest to distance Cruise from her. In managing the divorce for Cruise, Scientology still had enough influence over Mimi Rogers to convince her to accept a relatively paltry $10 million for the settlement. Tom Cruise became psychotic during a secret Scientology initiation in which one is told that rather than being one person, one is composed of thousands of aliens from all over the universe fighting for control of your body. After completing this initiation, known as OT III, Tom appeared sickly with black circles under his eyes and pasty skin. He said he wanted to be away from Scientology for good. He just wanted to go back to Hollywood and his home and be left alone by Scientology. This would not happen; David Miscavige ordered Cruise could not be let go. Scientology worked on Cruise day and night until he finally returned to Scientology.”

 
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Random Howdy

“I had really bad nightmares when I was young — one was a nightly reoccurring one that lasted almost a year and almost drove me insane. Something about HR Pufnstuf reminds me of those dreams. My dream would start soon as I laid down because in the dream I was still awake lying in my bed. All of the sudden reptilian hands would shoot up from underneath the end of the bed and grab my legs and pull me underneath the bed dragging me at breakneck speed down a hellish tunnel where creatures were living in the walls to meet my arch nemesis King Frog and his henchman Baby Huey. They would torture me for hours laughing and mocking me.”

 
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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] The Scientology spy in the hallway: The Danny Masterson trial gets underway
[TWO years ago] He was a student and teacher at Scientology’s elite boarding schools: Now he’s dishing
[THREE years ago] Bijou Phillips on her husband Danny Masterson: A macho ‘Strong Island’ guy
[FOUR years ago] Scientology wants your children: The 1957 lecture they think will convince you
[FIVE years ago] Dave’s shrinkage: Help us determine turnout for Scientology’s IAS 2018 gala
[SIX years ago] ‘Miss Lovely’ as you’ve never seen her — new photos of Paulette Cooper, war survivor
[SEVEN years ago] DRONE FLYOVER FINALE: Getting a close look at Scientology’s secret New Mexico compound
[EIGHT years ago] That time Scientology’s Sea Org grunts donned cut-offs and bikinis to fake out L. Ron Hubbard
[NINE years ago] Scientology Sunday Funnies: In valleys near and far, it’s time to stand and deliver!
[TEN years ago] TOMKAT PROJECT IN LOS ANGELES: Here’s Your Chance to Help the Show Get to Tinseltown
[ELEVEN years ago] Scientology Metaphysics: How Do Thetans Work?

 
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Posted by Tony Ortega on October 12, 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