Subject: Ninth Circuit Decision, Scientology appeals (again) From: mayo@lightlink.com (David Mayo) Date: 1996/04/27 Message-Id: <4lui50$n86@light.lightlink.com> Distribution: inet Sender: electra@light.lightlink.com Organization: Art Matrix - Lightlink Electra Gateway v2.4 Newsgroups: alt.religion.scientology,comp.org.eff.talk,misc.legal -----BEGIN PGP SIGNED MESSAGE----- Last week RTC et al asked the Ninth Circuit for en banc review of the 11 April 96 decision that found in our favor on the 2.9 million attorney fee award imposed on the Scientology plaintiffs after their cases were dismissed as a sanction for long term discovery non-compliance, "flouting court orders" and for using litigation as a weapon to destroy their opponents -- in this case a reform church and its founders. In simple lay terms an "en banc" hearing means that all the judges of that circuit participate. I'm told that "en banc hearings" are infrequently held and then when an important case or point of law is being interpreted. In any event such hearings are at the discretion of the Ninth Circuit. (I am not a lawyer but I invite the comments and explanations of lawyers.) Although I have not read RTC's filing, I believe it is a regurgitation of what they have previously filed. Our lawyers do not reply to this unless instructed to do so by the Ninth Circuit. By asking for this review, Scientology adds a few to several weeks more delay to the time when they must pay the judgement against them. The full text of the 11 April 1996 Ninth Circuit decision is at: http://superlink.net/~mgarde/scott5.txt Gif files of the 11 Apr 96 ruling are at: http://www.lightlink.com/mayo/gif/ There are related Ninth Circuit and District Circuit Memorandums and Decisions re Scientology litigation at: http://superlink.net/~mgarde/op1.html Rev. David Mayo (finger for key) PGP ID: 1024/4D5EE559 1996/01/04 PGP Fingerprint: 0D 69 92 87 79 2F 38 72 FE 03 CE 51 31 D5 6D E9 ***************************************************************** -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBMYKmV+mCyCdNXuVZAQGU6gP/Qhbh1eoFa3fE2H7GQde3U+J66AzrC0c2 3S5oQstVro/kbIn9FTTyx+vjnqQeRXqPrtqgFBriQqx/niTLDTzKLQcjVAaX1OjV w43w9DV+PjhwfasdHP+jSjIkWe/8o2co7pnbtnCnb1uLrOX8uGcNIc7drJNRTk4V 4BTP/CKfCLc= =1A9F -----END PGP SIGNATURE-----