Archive Message - 1995

From braintree!uunet!!!!!!nagle Thu Oct 26 10:29:40 1995 Newsgroups: alt.religion.scientology,,,,alt.society.civil-liberty Path: braintree!uunet!!!!!!nagle From: (John Nagle) Subject: Re: Scientology's "Dirty Hands" in Recent Seizures - Devastating Ruling (for Scientology cultists) Message-ID: <> Organization: NETCOM On-line Communication Services (408 261-4700 guest) References: <> <> <> <> Date: Fri, 13 Oct 1995 17:46:39 GMT Lines: 46 Sender: Xref: braintree alt.religion.scientology:118043 alt.society.civil-liberty:42994 Just for the record, here's Judge Brinkema's order. This has been posted before, but as part of a larger document. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division RELIGIOUS TECHNOLOGY CENTER Plaintiff, V. Civil Action No.95-1107-A ARNALDO PAGLIARINA LERMA, DIGITAL GATEWAY SYSTEMS, THE WASHINGTON POST, MARC FISHER, and RICHARD LEIBY, Defendants. O R D E R For the reasons stated in open Court, to be further developed in a written opinion to be issued, Plaintiff Religious Technology Center (IIRTCII) I s Motion for Reconsideration and Rehearing and Motion for a Preliminary Injunction Against Defendant Lerma are DENIED. Defendant Lermals Motion to Vacate the Writ of Seizure and order for Impoundment is GRANTED and it is hereby ORDERED that RTC shall immediately return and restore to Defendant Lerma all seized materials in their exact original condition. This includes both Lerma's hard drives and all floppy discs; and it is further ORDERED that Defendant Lerma shall maintain the status quo as to possession of all the allegedly copyrighted materials at issue in this case and is restricted to employing them only in a fair use capacity. Lerma and his counsel are specifically prohibited from making any additional copies of the materials or transferring them in any manner or publicizing them other than in the context of fair use. This action moots the issue of increased bond relating to the seizure, so Defendant Lermals Motion to Increase Bond is DENIED. Plaintiff RTC's Motions for Provisional Stays Pending Appeal to the Fourth Circuit are DENIED. The Clerk is directed to forward copies of this order to counsel of record. Entered this 15th day of September, 1995. United States District Judge Alexandria, Virginia


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