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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Fri Feb 03, 2012 11:49 pm 
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Following on TonyO's previous article...

Debbie Cook's Motion Denied: Scientology's Restraining Order Remains in Place Until Thursday Hearing
by Tony Ortega. Village Voice. 3rd Feb 2012
http://blogs.villagevoice.com/runninsca ... oks_mo.php
Quote:
As we reported yesterday, Debbie Cook, who is being sued by the Church of Scientology for speaking out to her fellow church members in a New Year's Eve e-mail, filed a motion to dissolve a temporary restraining order so broad, it prevented her from hiring an attorney (she hired one anyway) or talking about the case with her husband, who is also being sued.

After a hearing this morning, however, Texas 150th District Court Judge Janet P. Littlejohn denied Cook's motion and continued matters until Thursday, when the restraining order will run out and there will be a hearing to determine if the same restrictions on Cook's rights will become a temporary injunction that could last the length of the case.

Littlejohn's clerk, Shirley Myers, confirmed to me that Cook's motion had been denied, but she added that another judge, and not necessarily Littlejohn, will preside over Thursday's hearing, when the real fireworks in this case should begin.


[...continues in article link...]



Local press reports....

Scientology dispute hits Bexar courts
By John MacCormack. San Antonio Express-News
Updated 03:01 p.m., Friday, February 3, 2012
http://www.mysanantonio.com/news/local_ ... 996788.php
Quote:
[...]

With a trial set for next week on the church's suit against Debbie Cook and her husband, Wayne Baumgarten, Judge Janet Littlejohn declined to lift a temporary restraining order after being assured it will not cripple the couple's defense.

“There is no reason you cannot accumulate evidence and talk to witnesses for trial next week,” she told Cook's lawyer, Ray Jeffrey.

“Other than that, they are restrained by the order,” she added.

Jeffrey had argued unsuccessfully that the church cannot muzzle Cook and Baumgarten, without proving specific damages, regardless of any agreements they signed.

“Prior restraint of speech is presumptively unconstitutional,” he argued.

“She didn't defame anyone. She sent out a message that was laudatory to Scientology and urged Scientologists to remain true to their faith,” he added.

Littlejohn left that issue for the trial judge to resolve. And while she somewhat loosed the binds of the restraining order, the prohibition against talking to the media was left intact, and both defendants left the courtroom without commenting.

[...]

[...more in article link...]

edit: it now says "article updated" but I don't know what's changed other than the headline, to: "Scientology tiff hits Bexar court"


Also see OCMB Opinions & Debate thread:
viewtopic.php?p=432121#p432121

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Sat Feb 04, 2012 10:03 pm 
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In another thread, a related article from Tony Ortega of the Village Voice...

Scientology Wants It Both Ways: The Church's Opposite Legal Strategies In Florida and Texas
viewtopic.php?p=432287#p432287

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Sat Feb 04, 2012 10:22 pm 
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BLiP wrote:
chuckbeatty wrote:
All this fricking legal BS.

If I were Debbie, I'd just hire a cheap local lawyer, and not worry about losing, in fact I'd just do the minimum, and if that's losing, then SO WHAT?

Pay off the decision, go bankrupt, and just NOT get all wrapped up in the legal crap, and worry that one's lawyer(s) were bad or whatever.

Losing to unprincipled Scientology lawyers is NOT a loss in the public's mind.

She should give back the wealth (money or whatever settlement she got from Scientology for signing that gag agreement).

I say her best course is lose, go bankrupt, pay whoever needs be paid with whatever assets she has, and that's it.

Regain her freedom of speech, and start over. But start over FREE!!!!!

And if your defense wins, then good! But be prepared to lose, and go bankrupt, etc, but in all cases regain your freedom of speech publicly!


Even if she does that, and loses, the NDA still stands. Her inability to pay doesn't make the prohibition on talking about Scientology go away. Should she persist in breaching the terms of a contract already found by a court to be legal, wouldn't she then fall under into the "contempt of court" arena and risk imprisonment?


Which goes to show you why I didn't finish college, and didn't get even close to being a lawyer, and my legal strategy today, is "lose" the suit.

Anyways, the public think higher of people who stand on principle.

Like, give all their filthy 50 thousand dollars right back to them, and even if, like when I asked on Marty's blog, this exact question, I asked, why doesn't she give the money back, and pay any money they gave her, and just get out from the agreement, Mike said even if she did, she'd still have some problems.

Oh well, that is truly it's own lesson, but I would agree with everyone who says is is NOT easy to not sign those dumb legal docs, even though for a stretch when I was on the RPF, I refused to EVER sign another one of the damned OSA legal docs (all done by Jeannie Gavigan Reynolds of OSA today, she crafts them, tweeks them to fit the person leaving, I didn't have a settlement really, only $500 severance pay, and the "Beatty Handling Program" apathetically says I likely would stop talking even if sued, and that program suggested an existing Scientologist sue me, and a few threatened, but I handled them with "ARC" and they stopped being assholes to me, which is why "Good roads and good weather" tech sometimes works in reverse on them).

I'm not good on legal advice, my first reaction was lose, give all the money back, and suffer their bullshit, keep violating the agreement, and be a pauper, I guess like OJ did so he didn't have to pay the people he owed he money to, type life, but make it a PR nightmare for them.

Like, "Why's that old lady walking around with her sign every day. Who's Debbie Cook anyways?" , one FSO staffer asks another as they walk by homeless Debbie Cook one day near the FSO

"That's Debbie Cook, she used to be the CO FSO." The other staffer says. "We don't talk about her, forget you saw her!"

But seeing her, finding out who she is, that's a huge PR flap, were that to ever happen.

And it is NOT unreasonable.

When ED Int, Bill Franks was busted, he DID show up and protested outside the FSO, for a very short time, and the few staff who saw him, I'm sure their mental conversations in their heads went something similar to the above.

I'm sure it won't come to that, but the "lose" and protest strategy, has been a repeating pattern also.

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Sun Feb 05, 2012 3:10 am 
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Oh, my! Foot bullet.

(I did my due diligence to see this wasn't posted elsewhere in either thread on this topic - best I could.)
[Moderator note: You find it at the bottom of the previous page of this thread: viewtopic.php?p=432058#p432058 , which also includes the link to the accompanying website article, with scientology's repsonse]

http://www.youtube.com/watch?v=fJkft35qcPI

I really like the Australian accent.

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Sun Feb 05, 2012 3:37 am 
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Miscavige "squirreling millions." Ha ha ha.


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Wed Feb 08, 2012 2:32 pm 
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Scientology's Gag Reflex: The Church's History of Enforcing a Vow of Silence
by Tony Ortega. Village Voice. 7th Feb 2012
http://blogs.villagevoice.com/runninsca ... gys_ga.php
Quote:
Tomorrow, one of the most remarkable legal hearings in the litigious history of Scientology should unfold in a Texas courtroom.

Two weeks after filing suit against Debbie Cook, the former executive who for 17 years ran its spiritual mecca in Florida, Scientology will be seeking to turn a 14-day restraining order into a temporary injunction that will keep a gag order in place as it sues Cook for a minimum of $300,000 in damages.

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Gerry Armstrong knew this was coming...

Scientology is suing Cook for sending out a New Year's Eve e-mail to thousands of her fellow church members in which she complained that the church, with its focus on "extreme fundraising," has wandered from the principles of its founder, L. Ron Hubbard. The church claims in its lawsuit that Cook's e-mail was a violation of a non-disclosure agreement she signed in 2007, when she left her position on church staff and accepted a payment of $50,000. Cook, we believe, will attempt to introduce evidence that she signed the agreement under duress after her career in Scientology's "Sea Org" had become unbearable (we have previously written about homophobic hazing Cook was made to endure, and we hear that she is prepared to present evidence of far worse treatment).

In other words, things could get pretty ugly in Bexar County's civil court chambers tomorrow.

While we wait for the fireworks to begin, we thought back to the past, when Scientology had previously sued because someone dared to speak out about the church's unsavory secrets.

So we gave Gerry Armstrong a call.

"I'm not in touch with Debbie Cook, and I've never met her. But obviously, this is very related to the Gerry Armstrong case," he said last week when we found time to talk. (He often refers to the "Gerry Armstrong case" or the "Gerry Armstrong injunction" in conversation. It's one of his many quirks.)

Armstrong's history with Scientology is stunning in its breadth, daunting in its complexity, and maddening in its details. Even attempting to summarize it seems an impossible task, but I'll have to try...

[...much more in article link...]


Quote:
[...]

.... Well before the lawsuit made Debbie Cook's gag order public, Rathbun and Rinder told me how, when they were still working for Miscavige at the highest levels of Scientology, they had helped the church leader come up with the current form of the gag orders that the church has been handing out in recent years, along with substantial cash payments, like so much candy. Those gag orders were designed to be abusive, they told me -- that was the point of them.

Will Rathbun and Rinder get a chance to say that tomorrow or Friday in a San Antonio courtroom? I guess we're about to find out.

See link for the full article.

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Wed Feb 08, 2012 9:49 pm 
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It will be interesting to see how Judge Littlejohn responds in court.. in a 2010 survey by the San Antonio Criminal Defense Lawyers Association (SACDLA)...

150th - Judge Janet Littlejohn - Total %Yes %No

1. Does this Judge work Hard? 521 82% 18%

2. Is this Judge punctual? 516 85% 15%

3. Does this Judge follow the law? 520 67% 33%

4. Does Judge show good judicial temperament? 523 63% 37%

5. Does this Judge rule impartially? 518 68% 32%

6. Do you approve of Judge's overall performance? 523 70% 30%

http://www.sacdla.com/images/uploads/PD ... 0Image.PDF

Judge Littlejohn has been on the bench for 17 years. She's been known to send women to jail in child custody cases, so it will be interesting to see where her biases lie in this case.


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Wed Feb 08, 2012 10:49 pm 
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According to Tony O, Littlejohn may well not hear the case tomorrow:

Quote:
Littlejohn's clerk, Shirley Myers, confirmed to me that Cook's motion had been denied, but she added that another judge, and not necessarily Littlejohn, will preside over Thursday's hearing, when the real fireworks in this case should begin.


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 12:22 am 
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Anon PTS wrote:
According to Tony O, Littlejohn may well not hear the case tomorrow:

Quote:
Littlejohn's clerk, Shirley Myers, confirmed to me that Cook's motion had been denied, but she added that another judge, and not necessarily Littlejohn, will preside over Thursday's hearing, when the real fireworks in this case should begin.
I'm sure, due to the number of pending court cases, the judges are on a resolving roster as it is many jurisdictions, but Littlejohn in the Presiding Judge.

Judge Janet Littlejohn, Presiding
150th District Court, Shirley Myers, Clerk
2nd floor, Bexar County Courthouse
http://gov.bexar.org/dc/Civil.html


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 6:26 am 
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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 1:46 pm 
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Scientology, Deep in the Heart of Texas: The Voice at the Debbie Cook Hearing
by Tony Ortega, Village Voice. 9th Feb 2012
http://blogs.villagevoice.com/runninscared/2012/02/scientology_dee.php
Quote:
The Voice is on the scene this morning in San Antonio, and we'll be doing our best to bring you updates throughout the day.

First update: 6:15 am, CST The district judges of Bexar County take turns presiding -- this week it's Judge Karen H. Pozza, and it will be her decision who will handle today's matter. Will she give to Judge Janet P. Littlejohn, who handled last week's motion to dissolve the temporary restraining order (she denied it), or give it to someone else? Pozza could even keep it for herself. Put yourself in her place -- do you hear this case or give it to someone else? Finding out Pozza's decision will likely be our first matter of business.

[...Full in article link, with further updates during the day...]

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 2:16 pm 
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Looks like there will be real time reporting. Will be checking Twit.
@VoiceTonyO

[mod edit] http://twitter.com/voicetonyo


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 5:50 pm 
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Hearing is on. They have media. Tony Ortega of course, Joe Childs from the Tampabay (St.Petersburg) Times, and 3 TV cameras.
Show Tony some click-love and visit the Village Voice for the blow by blow account as it happens....
http://blogs.villagevoice.com/runninsca ... gy_dee.php

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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 6:08 pm 
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Debbie Cook and Wayne Baumgarten are now at the table with their attorney Ray Jeffrey and his two assistants. On the other side, the church appears to have five attorneys.

George Spencer giving his opening statement.

Scientology's attorney, Spencer, tried to get the judge to scuttle Jeffrey's opening statement because it would violate the agreements! She said no. Now Jeffrey is up.

Jeffrey: "Ms. Cook was beaten. She was tortured. She was degraded beyond belief. She was made to watch the torture and beatings and degradation of others. And not just one or two. She was confined in inhuman conditions...they signed this agreement just to get away."
http://blogs.villagevoice.com/runninsca ... gy_dee.php


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 Post subject: Re: Scientology sues Debbie Cook for breaking gag agreement
PostPosted: Thu Feb 09, 2012 6:15 pm 
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LOL. Scientology argued that the agreement prohibited Cook's attorney from making an opening statement in a court action they commenced.
I'm sure they will use the same argument when she begins testifying.
It don't get no better than this.


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