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Newsgroups: alt.religion.scientology,misc.legal,comp.org.eff.talk
Subject: Warren McShane decides not to be deposed
From: grady@nospam.tidepool.com (Grady Ward)
Date: Sat, 22 Feb 1997 17:09:56 GMT


Friday afternoon, February 22, 1997, Thomas R. Hogan, cocksucking legal
whore for the criminal cult of scientology, phoned me to tell me that
Warren McShane, nominal President of Religous Technology Center, Inc. and
spear-carrier for "Rear" Admiral David Miscavige will NOT be attending his
duly noticed and scheduled deposition this coming Tuesday. Nor would any
documents be produced as previously agreed.

Hogan explained that before the criminal cult permits me to depose McShane
they want a court order from Magistrate Judge Edward A. Infante demanding
that I be simultaneously deposed for a *fourth* day. I have not been
permitted to depose even a single criminal cult member so far.  Even though
David Miscavige and Warren McShane are the managing agent and president
respectively of RTC, and even though no protective order was pending on the
day set for their depositions, they simply unilaterally refused to appear.
Thomas R. Hogan said that David Miscavige would not appear under any
circumstances, including a court order.

Of course I will file motions to compel with the Magistrate Judge but I am
not optimistic considering the grossly unfair protective order that was
entered a few weeks ago on behalf of the plaintiff. Some of its provisions
include being able to specify material produced by the *other* party as
"confidential," that I must travel 660 miles round trip *every* time me or
any of my designated experts want to view any material arbitrarily deemed
"confidential" and NO copies can be made (while the cult is permitted to
freely distribute any of *my* confidential material upon signing a simple
non-disclosure agreement). The order also trascends the litigation and each
and every designated confidential item must be "adjudicated" as non
confidential or it remains so in perpetuity, as is the jurisdiction to be
forever in Magistrate Infante's courtroom, regardless of the outcome of the
lawsuit.

In other words, the cult was able to effectively get a permanent injunction
without the need for a trial or to present any evidence. Pretty cool, huh?

Knowing that I will likely not be permitted to obtain any discovery by the
court, I moved for Summary Judgment on all claims. However while the
hearing date was set for Friday, February 21, 1997, and no ex parte or sua
sponte request or order was made to continue the hearing, it was not heard
nor scheduled on the Judge's docket.

After seven months past the case management conference the criminal cult
has produced just a  trivial sliver of discovery, not producing *any*
documents at all, whether confidential, privileged or not pursuant to
document requests, nor giving any substantive answers to any of my
interrogatories. Even the initial disclosure was not made fully, nor any
protective order applied for by the cult until I finally moved to compel.
Then the cult's verbatim protective order with a total of ten words struck
from 8 pages of legalese was signed by the Magistrate Judge.

Meanwhile, the cult will likely obtain an expanded injunction for their
cult crap and *my* application for an injunction to protect me and my
family from *admitted* lawbreaking and fraud by the cult will most likely
be denied. I guess alleged civil wrongs to documents that probably helped
kill Lisa McPherson is far more deserving of protection than non-parties
such as my elderly mother or my wife from *admitted* criminal harassment.


On the other hand, if it were too easy to bust the cult chops, then this
would not be *nearly* be as much fun. Heh heh. Every day it seems I 
get the opportunity to see what stuff I am made of in fighting a criminal
cult on their own turf. After reviewing L. Ron Hubbard's life, I am
optimistic. :-)

And looking at the global situation -- anybody raise their hand if they
think the criminal cult is in a worse situation today than it was before
the shit-vagina ho Helena K. Kobrin did the RMGROUP to a.r.s. in 1995?

(Sees millions of hands.) Yeah. That's what I think too.