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Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

Discussion in 'Leaks & Legal' started by pooks, Jun 24, 2009.

  1. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It's no longer relevant in the Kyle Brennan case, so Judge Merryday won't be touching it.

    It doesn't seem likely unless CoS tries to take Dandar to court again at some later date. (And after they've shopped around to find a judge who is unlikely to unseal it.)
  2. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thank you tikk.
  3. grebe Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So Merryday said, in essence: "Beach, GTFO does NOT mean, "great time for oranges."
  4. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Scientology files Notice of Appeal of the September 28 Injunction Order [PDF]. Note: Notice of Appeal is not the appeal itself.

    Scientology simultaneously files a motion [PDF] to stay the trial pending the resolution of the appeal (which takes forever).

    I'll try to analyze over the next few days. Busy right now.
  5. subgenius Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Justice delayed is justice, to $cientology.
  6. TinyDancer Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I don't see why it would hold up the Brennan case. It's an appeal against the injunction only.
  7. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    In this case, the evidence weighs heavily against the defendants, so they will attempt to obstruct a trial by any means. Also, if this trial goes forward, criminal indictments could be issued to employees of the scientology crime syndicate. Desperate cult is desperate.
  8. LocalSP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Sure you thank him now, let's see how you feel once we get his bill.
  9. subgenius Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It shouldn't, but they will try to make it.
  10. BLiP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Must be fucking cold today - I've just seen a lawyer walking down the street with his hands in his *own* pockets ; )
  11. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Huh. Maybe it'll be relevant again, after all. Thanks CoS!
  12. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    FLAG filed an emergency motion with the 11th Circuit to stay the district court's injunction. [PDF]. Hopefully the 11th Circuit will deny it before I have a chance to analyze Scn's chances.

    UPDATE, 11/10/10: No dox (yet), but I have it on good authority that the 11th Circuit denied Scientology's motion.
  13. LocalSP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Reads like a lot of baaawwwing to me but I await your take on it Tikk.
  14. sheeple Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tikk, I look forward to your take on this motion (if need be - hopefully not). I'd like your opinion on the nature of the beast though: Is this a standard procedure or something more interesting than that?

    Thanks for continuing to translate legalese for us! <3
  15. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Not much is 'standard' here, or rather, this factual scenario is pretty unique, which is why FLAG's cases, arguments, and citations with regard to the 'likelihood of success on the merits' prong are all not quite on point and very general, which is probably what dooms this motion.

    Page 8 lays out the four criteria necessary to consider for their emergency motion to succeed: (1) the likelihood that Scientology will ultimately prevail in appealing the underlying issue, i.e., the likelihood that the appeals court would lift the district court's injunction staying Scientology and the FL state court from enforcing its sanctions against Dandar; (2) the harm to Scientology if their motion is denied; (3) the harm to the Brennan estate if the Appeals court rules in Scientology's favor and lifts the injunction preventing the enforcement of Beach's order; and (4) harm to the public interest.

    Scientology obviously argues that it will ultimately prevail because the fed district court had no authority to interfere with the state court and that it was unsupported by a factual hearing. In support of that argument they cite cases involving the interaction and overlap between state and federal courts whose underlying facts only barely resemble the facts here. I've not thoroughly gone through these cases but even taking FLAG's interpretation of those cases at face value, they're merely citing the general principles expressed in those cases rather than strictly applying those cases to the present matter. I'm not persuaded but then I'm somewhat biased. Additionally, FLAG is asking the 11th Circuit to consider facts not on the underlying record in furtherance of its argument, of which the 11th will take a dim view.

    Scientology obviously argued that they will suffer irreparable harm should the 11th not grant its motion, citing their contractual rights per the agreement and FL's ability to enforce its orders (which doesn't harm Scientology, but whatever). Yawn. They're careful to not mention that the supposed contractual right they're seeking to enforce has as its core goal the death of the underlying lawsuit, but I imagine the 11th will get that.

    And Scientology obviously argues that there would be no harm to the estate should the injunction be lifted. The district court obviously thought otherwise else it would have a) granted Dandar's motion to withdraw; and b) wouldn't have granted the injunction preventing the enforcement of the FL injunction. I think the district court might have done a better job of explaining why the Brennan estate had no other recourse except to retain Dandar as its attorney, but I don't think that matters all that much either.

    The motion is well drafted and impressive for what it has to work with, but staying an injunction is always an uphill climb. They're usually only granted when the lower court so obviously fucked up that undoing it is the only clear recourse. This situation is pretty unique though, and I can't see the 11th Circuit stepping in now, though I'll admit that I don't know what it would do on a non-emergency appeal.
  16. LocalSP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tikk, as always thanks for your insights and explanations. Glad you are on the side of good and not evil.
  17. AnonLover Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    is there a time-factor difference between emergency appeal and non-emergency appeal? IOW - since it is an emergency-appeal, does that mean this is all going to be sorted out sooner rather than later so that the usual stall-delay-stall-some more tactics the scilon lawfags adhere too wont likely be an issue due to time-factor?
  18. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    LOL@cultbawww

    Awwww!
  19. Scatman Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Remember to include the full domain name.

    LOL@cultbawww.org
  20. AnonLover Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    speaking of "enforcing" that settlement... did the cult ever payup? did Lisa's family ever get the cash portion of deal? If not i hope this action opens up a can of payup worms for the bastards.
  21. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    As a criminal lawyer friend of mine is fond of saying: "If the law is not on your side; stall".
  22. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    First, I understand that the trial is set to begin on November 15, 2010.

    A number of documents were apparently filed in preparation for the trial, which were available on pacer and which are as follows:

    • Defendants' proposed voir dire [PDF]
    • Defendants' proposed jury instruction [PDF]
    • Defendants' trial brief [PDF]
    • Defendants' motion to bifurcate [PDF]

    I'll separately list FLAG's motion for clarification with regard to the scope of the Court's injunction, since it doesn't pertain to the trial. [PDF]

    I've not really gone through these but hope to later.
  23. RightOn Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    tikk=awsomeness
  24. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Good question. In this context, the stated emergency is the impending trial. Any decision from the 11th Circuit would need to be rendered before November 15 because any opinion granting Scientology their relief would effectively force Dandar off as Brennan's counsel which would then require the trial to be rescheduled the Estate searched for new counsel. This emergency 'appeal' isn't really an appeal (it's a motion), though it does force the 11th Circuit to consider the merits of Scientology's arguments on appeal, though not as fully as those arguments will be on full appeal (the legal question the judges ask themselves differs--the movant has to show that he/she will likely prevail on the appeal, whereas an appellant who might ultimately prevail may not be able to show that likelihood; the hurdle is higher at this stage, in other words).

    The actual appeal cannot take place until after a decision in the trial.
  25. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Looking over the voir dire, there are predictable questions:

    Asks about psych drugs.
    Recall when you were in your 20s, what were you doing? (is this the session?)
    Cell phone? If not, why not?
    And finally, are you religious?
    Have you ever heard of Scientology?
    Do you read the SP Times?
    What do you think of Scientology?
    Asks also about computer experience.

    I think I know where they're going with this line of questioning. But it might be that they'll get the same results from Nome to Key Largo. Scientology is an evil cult masquerading as a religion.
  26. subgenius Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I wonder if they will pull what they did in (if my memory is correct) the Lisa McPherson case, and introduce evidence that everyone hates them, in order to get a change of venue.

    This was offered at the same time that they claimed that everyone loves them.
  27. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    From the trial brief, it sounds like Daddy is gonna claim Kyle said he didn't want to take his meds (although inexplicably carrying them around with him) and Scientology is not at fault because some crazy lady committed suicide after being banned from an apartment complex's common areas due to mental illness.

    Which is, of course, EXACTLY THE SAME as taking away someone's medications and locking them away out of reach. What was in reach was a loaded gun. But that's not Scientology's fault either.
  28. Random guy Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So, October 15th? I guess we'll know in two weeks time.
  29. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    How is it the same?
  30. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It's sarcasm. Jeez.
  31. subgenius Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Sarcasm doesn't come across well in the written word.
    Except for the masters of it.
    And I forget who they are.
  32. anonhuff Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    statlerandwaldorf.jpg
  33. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    For some reason, PACER isn't letting me download certain PDFs as PDFs, only permitting me to view them. I'll therefore paste the fed district court's November 8, 2010 Order, omitting the caption.

    The biggest news above is that Scientology moved for a stay, or in the alternative, a continuance, of the November 15 trial date, and received their wish. I don't know whether I posted their motion for a stay or not, but it was predicated upon the 11th Circuit having enough time to decide Scientology's emergency motion to lift the district court's injunction against Scientology and Beach. At the time this Order was signed, the 11th Circuit had not decided this motion. I have been able to find out that the 11th Circuit has, sometime during the past few days, denied Scientology's motion. This more or less negates Scientology's basis for the stay/continuance, so I suspect that the trial date will be rescheduled, but to a date not too far into the future.

    The other interesting thing to notice in the above order is that Denise Miscagive Gentile requested she be disassociated from the name Miscavige hereafter, and the Court granted her request. I wonder why she requested that. Actually, I wonder why it took this long for her to request that.

    Perhaps the best news is that Scientology's motion to strike the Lance Marcor Declaration was denied. The Lance Marcor Declaration is damaging stuff, if you've not read. I posted a link to it elsewhere in this thread.
  34. LocalSP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks for the update Tikk.
  35. AnonyMary Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks. I'm gonna find Lance's declaration now.
  36. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Okay, I was able to find the 11th Circuit denial, which can be read here [PDF]. The circuit court, in a 2-1 decision, expedited the appeal, which means that despite what I said before, the district court most likely won't restore the trial date until this appeal plays out, which will take a few months, minimally. The subject of the appeal will be the district court's injunction against Scientology and Beach. As I've probably stated here, the precise legal issue at the core Merryday's order is fairly unchartered territory and I'm not really clear on what the 11th will do with it. And because it implicates rarely trod upon issues of federalism and comity, I believe the case will be intensely scrutinized and generate a long-winded opinion, which will eventually be included in law school casebooks.
  37. Jeff Jacobsen Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Meanwhile, justice delayed.
  38. AnonyMary Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I only found the second declaration.
    http://dialogueireland.files.wordpress.com/2010/09/lance-marcor-second-declaration-with-exhibits.pdf

    Is this the declaration that the judge denied striking?

    It is so damaging. A Must read for all, especially non-exs and current scientologists
  39. tikk Member

  40. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Oh, I think Anonymous can assist with the recognition of Denise Miscavige Gentile, sister of David Miscavige, and defendant in the civil action over the death of Kyle Brennan.

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