After Jane Does make calm legal response, Scientology attorneys are angry — real angry

We told you a week ago that what really struck us about the court filing made on behalf of Danny Masterson’s victims regarding the Church of Scientology’s attempt to gut their lawsuit was how calm and logical it appeared, in distinct contrast to the way Scientology’s court briefs tend to be screechy and petty sounding.

Well, Scientology’s attorneys William Forman and Matthew Hinks have filed their reply, and this time they’re really swinging for the fences.

We wondered if the calm way that the lawyers for the Jane Does had responded to Scientology’s motion to strike might set them off, and boy, that seems to be the case.

We’ll just quote here at length the opening to give you a sense of how teed off these guys seem to be.

Plaintiffs’ Opposition reveals there is no mystery about what is really happening here. Plaintiffs would rather try allegations of rape than allegations of rummaging in garbage cans; they would rather cherry-pick and misinterpret the writings of L. Ron Hubbard than offer proof that the Church Defendants did anything to Plaintiffs. But Plaintiffs’ attempt for prejudice should not work.

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The Opposition itself shows that the Motion must be granted. Plaintiffs admit that all of their claims are not “based on” the allegations to be stricken and that such allegations are not necessary to proving their claims. Therefore, under unambiguous law, the allegations are immaterial and should be stricken; no other grounds are needed.

But there are more grounds requiring granting of the Motion. The Motion showed that the only reason Plaintiffs are before this Court – and not in religious arbitration – is that, at Plaintiffs’ urging, the Court of Appeals subscribed to a narrow construction of their claims that excluded conduct while Plaintiffs were Scientology parishioners and would not call for “resolution of ecclesiastical issues.” Plaintiffs try to escape the application of Bixler by asserting that Plaintiff Riales was not part of the Bixler appeal. That argument helps neither the other Plaintiffs nor Riales herself, who never attempts to show why the allegations to be stricken are material as to her. Plaintiffs also try to avoid Bixler by pretending that a decision made by this Court prior to Bixler is controlling, effectively ignoring Bixler as law of the case. Having baited the Bixler Court, Plaintiffs cannot now wriggle off Bixler’s hook.

Are you getting how angry the Scientology side still is about that appellate ruling in January 2022 that restored the Bixler lawsuit? Yeah, it’s palpable.

What they’re screeching about is that after this lawsuit was originally filed in 2019, its first judge granted Scientology’s motion to force it out of court and into Scientology’s trap, otherwise known as “religious arbitration.” But then an appeals court ruled that it was unfair for these former Scientologists (the Jane Does) to have to abide by contracts they signed while they were members of Scientology when the harm they were alleging — the stalking, hacking, even the poisoning of their pets — was happening years after they had left the church.

Scientology (or rather, its boss David Miscavige, who is the real person Forman and Hinks are writing for) is still steaming angry that this happened, and that this lawsuit escaped their trap.

Now, they’re hopping mad that the attorneys for the Jane Does, John Kucera and Seth Lehrman, submitted such a well written and calm response to their motion to strike. The nerve!

But OK, we’re just commenting here on the style of these filings. What about the substance? What’s at stake here is that Scientology is asking the court to remove large sections of a 2020 first amended complaint, saying that they are either irrelevant or that they have to do with Scientology’s internal policies, which shouldn’t be subject to litigation.

Kucera and Lehrman argued that the material Scientology said was irrelevant was actually important to the case, as it showed why the Jane Does had felt they couldn’t come forward with their rape allegations against Danny Masterson earlier, and in order to do that it is necessary to quote Scientology’s internal policies.

Now, in their reply, Scientology’s attorneys are arguing that this misstates the law, and that the Jane Does’ attorneys are cretins and they pick their teeth at the table, or something.

What will Judge Upinder Kalra think about all this sniping back and forth? We’ll find out next week at a hearing on Wednesday. The last time this matter was before him, Judge Kalra seemed pretty level-headed and indicated that he wasn’t going to put up with any nonsense. Will he appreciate the bellyaching by Forman and Hinks? We wonder.

 
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Technology Cocktail/

“With the advent of Scientology with its complete shift from Dianetic goals, healing went out as a reason for running engrams and concern about the body vanished as an auditing target. This led to stresses on exteriorization of the spirit, moving it away from the body. As the reactive bank was thought to be part of the body, its engrams received no further attention.” — L. Ron Hubbard, 1963

 
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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

Source Code

“I couldn’t tell you where I lived in 1102 A.D. My memory on the earlier track wasn’t so bad, but they — in spots — but I realized there was practically nothing on the early, early track at all. Nothing! What was this? There were great big chunks like twenty years missing out of the track, see….During the war I remember vividly thinking about the Phoenician navy and how different our administrative system was than the Phoenician navy’s administrative system and so on. And of course I’d been in my same rank for so long, that I was getting moldy. That was true of anybody who went out to the combat areas. And I mentioned this to somebody. I didn’t tell them, I didn’t tell them I was remembering and so forth. I got dreamily reminiscent about the Phoenician navy and the good old days, you know. They printed me up a certificate on the ship and they printed me up a commission, feeling sorry for me for being in grade for so long, you see. And gave me my original commission back as a lieutenant in the Phoenician navy with the date of rank, 1003 B.C. printed on it. Only it didn’t seem very funny to me. Only they didn’t have lieutenants. Well, we won’t go off into that. There was another way of designating rank and grade. What all this comes down to was how willing I was to create the early track or to create the memory of an early track, which is all memory is. Now you have a reality on it because you know it is-was.” — L. Ron Hubbard, November 17, 1959

 
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Avast, Ye Mateys

“WEBSPREAD: Today Colonel Webspread begins an amazing fantastic and horrifying new adventure. All those who are not Grade – 47 are cautioned not to follow his auditing experiences as they will be found far too restimulative. The management takes no responsibility for heart failures or lost chewing gum while following the Colonel’s Adventures.” — The Commodore, November 17, 1970

 
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Overheard in the FreeZone

“Thetans, until recently have kept only getting worse, losing their far superior innate abilities and instead buying into MEST livelihoods, MEST ‘solutions,’ bigger computers, AI and now 5G. It’s IT vs PSI. Which will win, and what direction are we Independent Scientologists pursuing, I wonder.”

Past is Prologue

1999 A French court this week handed down guilty verdicts and sentences for Marseilles Scientologists now convicted of fraud. From Reuters: “A French court on Monday jailed a former leader of the Church of Scientology for six months, with a further 18 months suspended, for fraud. Xavier Delamare, an ex-leader of the church in southeastern France, was also fined 100,000 francs ($15,750). Five other members of the church were given suspended sentences ranging from six months to a year. One of the defendants, who has turned against the group and accused Delamare of sending him on shady fundraising missions, was cleared. The seven Scientologists went on trial last September on charges of fraud, violence and illegally practising medicine in connection with courses in spiritual purification organised for church members. Delamare’s lawyer Jean-Yves Le Borgne said after the verdict that the proceedings had smacked of lynch law. The trial was marred by the disappearance of legal evidence, which authorities blamed on a court clerk’s mistake. Legal documents that could have been used as evidence against the movement in two other cases have also gone missing.”

 
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Random Howdy

“Scientology came into existence in the 50s, which saw the advent of the beatniks and new ageism followed by the hippies and a rampant world wide interest in the supernatural, occult, and paranormal. It’s fitting to me that Scientology peaked in the 80s with the rise of the yuppie.”

 
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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. Sentenced to 30 years to life 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. Next pretrial hearing October 30.
— David Gentile, GPB Capital, fraud.

Civil litigation:
— Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Complaint filed August 2, Scientology submitting anti-SLAPP response Oct 26.
— 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: Discovery phase.
— Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Scientology moves for religious arbitration.
— 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] Deliberations, day two: Can frustrated jurors get it done today?
[TWO years ago] Even apologist professors can’t ignore the recent tidal wave of ex-Scientologist memoirs
[THREE years ago] Valerie Haney to state supremes: Scientology abuses less real than deadlines in a pandemic?
[FOUR years ago] Scientology’s sleep cures are enough to keep you up at night
[FIVE years ago] Cyril Vosper: The mind-bending illogic of Scientology’s upper levels
[SIX years ago] Days before jumping to his death, actor Brad Bufanda credited Scientology with saving his life
[SEVEN years ago] San Diego’s new Scientology ‘Ideal Org’ looks like it’s ready for its close-up
[EIGHT years ago] Our Scientology tech experts review Lisa McPherson’s grim cycle of guilt and self-blame
[NINE years ago] More L. Ron Hubbard history that Scientology has done its best to disappear
[TEN years ago] LIVE OVER CLEARWATER: Watching Scientology from an Eye in the Sky
[ELEVEN years ago] Scientology Accused of Spending Millions to Influence Florida Judges

 
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Posted by Tony Ortega on November 17, 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