The composition of Merryday's order granting Dandar's motion to withdraw was unprofessional and borderline immature. I'm curious to see how the 11th Circuit reacts to it. Most likely the "nunc pro tunc" portion will be appealed since it has already been established that Dandar knew he was violating the agreement when he took on the Brennan case. Obviously he should be penalized for his actions. Lirot was the original attorney on the Brennan case but dropped out for some reason, just before Dandar picked it up. It's interesting that Dandar argued that no other attorney would touch the Brennan case, yet 5 minutes after Merryday's order was filed, Lirot filed his Notice of Appearance. This whole debacle has been a huge waste of time and resources and is an embarrassment to the legal profession, all because Dandar hoped to gain a little publicity.
Why the fuck would the 11th react to it at all? Are you suggesting that your cult is going to appeal the order granting Dandar's motion to withdraw? On what grounds? That your widdle feelings were hurt that the bad man used mean words? I'd love to see you appeal, though. Go right ahead, morons.
As we all know by now, the purpose of the suit is not to win, but to tie up the victim in endless litigation...
QUOTE]Are you suggesting that your cult is going to appeal the order granting Dandar's motion to withdraw? On what grounds?[/QUOTE] 1. Dandar made the agreement. He benefited financially from the agreement. 2. Dandar and his attorney argued, years ago, on the record, in court, that it was their understanding that Dandar had agreed to never sue the church again. 3. Dandar then sued the church again, which violated the agreement. 4. Dandar continued to violate the agreement long after being ordered to comply by the State court, and long after the 2DCA affirmed that order. 5. Dandar failed to withdraw from the Brennan case after an order of contempt was issued by the State court, and after the 2DCA affirmed that order. 6. Dandar's violation of the agreement ended up in a massive waste of time for the State court, the District court, the 2DCA, the USCA, and the Florida Supreme Court. As I stated before, "Most likely the 'nunc pro tunc' portion will be appealed ..." so yes, I am suggesting that the church will probably appeal the order based on the above. There's no reason why Dandar should get a hall pass for his bad behavior.
Why don't you get a state court to overrule the federal court? Oh wait. Are you sure that you want a federal court to look at Dandar's agreement in detail, rather than the very narrow review 2DCA did of Judge Beach's *cough* opinion? I don't see how you could get through an appeal without that happening. Good luck with that.
A narrow reading of "the agreement" would indicate that it is only applicable in STATE court. I've never heard of a local court being able to tell a Federal court how to play the game (IANAL, but I have had extensive experience in the courts)
[quote="Cultist Moron"1. Dandar made the agreement. He benefited financially from the agreement.[/quote] So what relief would your cult seek, you pathetic idiot? The order granted Dandar's motion to withdraw. Would you be trying to put him back on the case, dumbshit?
I hope there are plenty of copies of all documents spread around in safe places. Shit happens, offices get broken into, papers disappear. It's all very mysterious.
Merryday made his order retroactive (nunc pro tunc) to April 12, 2010 so Dandar would not have to pay the $1,000 per day penalty that he has been accruing for over a year. I may be wrong but I assume the church will appeal that portion of the order. Obviously they would not appeal the portion allowing Dandar's withdrawal.
A punitive sanction is to be paid to the court. Without any skin in the game, I don't see how they have standing to appeal something that doesn't concern them. I could imagine some creative arguments as to how they could have standing, but I don't think much of them. However, I wouldn't want to help them if they haven't dreamed up their own ridiculous argument.
Right, if they appeal the nunc pro tunc aspect it'd be for no other reason than to punish Dandar, which unseemliness would likely be clear even to the Circuit panel that ruled against Dandar.
QUOTE]Right, if they appeal the nunc pro tunc aspect it'd be for no other reason than to punish Dandar[/QUOTE] Yeah, maybe, they might choose to forget about the unethical behavior and the two years of wasted time and money. Or, they might want him to be held accountable for his actions. He certainly knew the risks so why shouldn't he suffer the consequences?
You are claming that sanctions should stand based on an interpretation of a settlement of which you don't know the contents of, since it has always been sealed. Without knowing the exact deatails of the settlment (because it is sealed) the best anyone not party to it can say is that Dandar interpreted it differently. The fact that two judges disagreed over it kinda demonstrates that it was open to interpretation. The system did its thing and defendants ultimately got what they wanted, i.e. Dandar off the case. What the fuck is your problem?
I don't think I have a "problem." I just don't like liars. BTW, the portion of the agreement pertaining to Dandar's disengagement from any future anti-Scientology activity or adversarial proceedings against Scientology has been a matter of public record for over a year. You should read it sometime. Dandar did not "interpret" the agreement differently. (At least not initially.) He sat through days of mediation and knew exactly what he had agreed to. He didn't have to "interpret" anything. Both Dandar and Lirot argued in court years ago that that portion of the agreement meant that Dandar could not file another lawsuit. (Lirot: "Judge, that provision to us means any kind of active participation in litigation, consultation with people that might be involved with litigation against the Church of Scientology ... And that's what I think the limitation is.") But when the Brennan case came along, Dandar changed his tune. He then deliberately defied several court orders. There is no question that he knew he was violating the agreement and would be subject to penalties. So yes, of course he should be held accountable for his actions. And not to split hairs, but at least 4 judges have interpreted the agreement differently than Merryday (whose opinion doesn't matter anyway, since it was not up for debate in his court.)
First, anyone who belongs to your cult has a serious mental problem. Second, ROFL at your idiot assertion that the judge who disagrees with you doesn't matter, but the judge who has recused himself because his conduct revealed extreme bias does. Third, quote the part of the agreement that actually agrees with you. Oh, you can't? Why is that? Oh, because the judge who agrees with you wants to hide it from the public. Yeah, I'm convinced. Fourth, the Circuit Court's opinion was merely that the extremely high standard for a federal court issuing an injunction against a state court had not been met. That was all they had to decide. They state exactly what point of law they're deciding in the first paragraph of the decision. I assume you have read it, so you are simply lying about it.
Of course he doesn't matter. The validity of the agreement wasn't his decision to make. He simply expressed an opinion based on ... what? Information he received from Dandar? Please. Even if he had taken the time to learn the facts, his opinion still wouldn't matter. The agreement was sealed at the request of Mr. Dandar, Mr. Lirot, and the lawyers for the church. No judge arbitrarily decided to hide the agreement from the public. You should familiarize yourself with the facts. It would give you some credibility. I wasn't referring to the USCA's reversal of Merryday's injunction. I was referring to the 2DCA's affirmances of Beach's orders. All of those judges agreed that Dandar violated the agreement. It's a little weird that you're completely skipping over the fact that Dandar himself interpreted the agreement to mean that he could not sue the church. Why is that?
Hai OSA, I wonder if just Wally Pope has been embarrassed by this or is it everybody else in "the legal profession"? And if you did not want Ken Dandar to receive any publicity, then you should have settled the controversy with him out of court, or are your "OT Powerz" not up to that task?
Today Judge Merryday granted the motion for summary judgment in the Kyle Brennan case. The case has been closed. Merryday states in his order (very explicitly) that the record is devoid of any evidence to implicate Thomas Brennan, the Gentiles, or the church in the suicide of Kyle Brennan. He also mentioned the fabricated allegation included in the complaint by Dandar (which claimed that one or more of the defendants placed a gun "on or next to the bed of Kyle Brennan"). The judge stated that the "allegation at least approaches sanctionable recklessness in pleading." (Personally, I think permanent disbarment is appropriate in a situation like this, but that's just me ... unethical lawyers make me cringe.) One can only hope that Merryday has already made the call to the Florida Bar.
12/06/2011 229 ORDER granting 118 --motion for summary judgment; directing the Clerk to ENTER A JUDGMENT for each defendant and against the plaintiff, TERMINATE any pending motion, and CLOSE the case. Signed by Judge Steven D. Merryday on 12/6/2011. (BK) (Entered: 12/06/2011) Note: "approaches" the level of sanctionable does not mean "reaches it." I suppose "at least approaches" could be seen by Scientology's lawlyers as an invitation.
So you think it's perfectly OK for lawyers to make up any shit they want, stick it in a legal document, and drag people through the court system for years, just for a little publicity? God help your kids.
Damn, I'm only up to page 14 on soaking this in slowly but jeebus - this is either overly dripping with sarcasm (regarding inference, fact finder guessing, etc.) or the Brennan case really sucked badly. (sigh) Either way, my heart goes out to Kyle's mother... she must be devastated.
Heard from Luke Lirot today: Luke Lirot came on after Ken Dandar was disqualified after a long battle mounted by Ken to stay on the case. When Lirot entered his appearance, it was long after all the relevant Motions were filed. He will be handling the appeal, which will definitely be filed, and he pledges to provide the same positive influence and compassionate dedication that helped dramatically in reaching a successful resolution of the Lisa McPherson case.
Thanks for this news, AMA. No matter how this case is rendered in the end, scientology loses. The whole beginning premise in scientology is if you can find and learn the right tools to be more responsible, you’ll be more successful and happier in life. This is simplistic, basic, common sense stuff and that is why it appeals to many minimally educated, but not stoopid, people. Scientology sells responsibility, via courses, books, talk therapy, at over inflated prices, yet the more exposed to its wares, the more irresponsible a scientologist becomes. The more this fact is exposed, the fewer and fewer customers will fall in and lose their money, morals or very life. This Kyle Brennan case, as so many others, just magnifies and announces by official decree for all the world to witness and learn: Scientologists are Not Responsible People.
No. However, the very behaviour that you describe is exactly what the scientology crime syndicate has done for years. One conspicuous example is what Hubbard and his Guardian Office henchmen did to Paulette Cooper in the 1970's. Recently, cult member and cult attorney Wally Pope pulled a "make up any shit they want, stick it in a legal document" with a disabled female protester in Clearwater, Florida. Scientology failed. It's called Fair Game and is a practice of the scientology criminal enterprise. Remember OSA, We do not forgive. We do not forget. Expect Us.
Yes, the Brennan case sucked badly, something that was very obvious to anyone who made the effort to learn the facts. Surely you're not attempting to justify Dandar's behavior with the old "two wrongs make a right" defense, because that would just be pathetic. Please explain. Who is this "disabled female protester"? What date was the protest? What happened? What legal document was filed and on what date? In what court? What is contained in this document? What was "made up" by Pope? What makes you think Pope is a Scientologist? Are you just repeating what you read in other forums or do you actually check facts before making defamatory statements?
Check this forum for the AnonMomAnon2 TRO business. Then kindly End Cycle, because fuck knows you're worthless in this life. Your best bet is to try and pick up a new, better meat body.
