TO: Mosey Rathbun files multi-million dollar lawsuit against CoS for harassment

Discussion in 'News and Current Events' started by rickybobby, Aug 21, 2013.

  1. The Wrong Guy Member

    Our Texas legal expert helps us understand what’s next in Monique Rathbun’s lawsuit

    By Tony Ortega, The Underground Bunker, February 7, 2016

    Here's the last paragraph:

    TX Lawyer: If Miscavige wants to mess with the Rathbuns, what could he do? Just push forward with the litigation. It’s pretty unlikely that any other attorneys are going to appear on behalf of Mrs. Rathbun to handle the case after she has (a) given away 40 percent of any recovery to Ray Jeffrey and his colleagues, and (b) shown herself (themselves, more likely) to be so unpredictable that they’ll fire an accomplished and successful legal team for reasons that are, uh, unclear at best? There is literally no downside for the church if it moves forward with the petition for review at the Texas Supreme Court, and they’re far more likely to end up with a favorable result without good lawyers on the other side. And even if the Supreme Court decides not to take the case, how are the Rathbuns going to deal with a dozen or so attorneys back in the trial court, without a legal team of their own? That’s why this is so crazy. I can’t read Marty Rathbun’s mind. All I can do is look at this from an outside legal observer’s perspective. And I can’t come up with any realistic way this move makes sense. If Marty thinks he knows more about David Miscavige than Ray Jeffrey does, I suspect Marty is about to find out that he knows way less about the courtroom than Miscavige’s lawyers know.
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  2. Random guy Member

    TXlawyer is still making the error of assuming it is Marty running the show.
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  3. TXlawyer said: "(b) shown herself (themselves, more likely) to be so unpredictable that they’ll fire an accomplished and successful legal team for reasons that are, uh, unclear at best?"
  4. An interesting comment on Marty's Facebook about Tony and the Bunkerites (which Marty liked):
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  5. sallysock Member

    Huh. Marisa spoke at Flag Down.
  6. The Internet Member

    Some kind of people-are-good or people-are-bad personality problem.
  7. If you want to make money......
  8. I do not know when you should use a dash or not. Johnny English?
  9. peterstorm Member

  10. I don't trust Marissa, not one little bit. Like TonyO or not he is in the battle every day. He's never done anything to try to discredit any critic. He may not give Chanology the nod I think we deserve, but his journalistic integrity can not be questioned. Marissa sounds like a whiny teenager in bed with that fucktard Rathbun. TonyO reported a story. It is news in this world and could prove to be important. What was he supposed to do, sit on it because it might offend? Hell the man could never report anything if that were the case.
  11. Damn do I stand corrected!
  12. Malory Member

    And you are right not to trust her. She slipped up badly when she tried to dox me with wrong info that I had previously been sent by a known OSA account on Facebook and which I never divulged because I thought it would be handy to see if it ever came up again.

    Then the slurs started with her continually claiming I'm a racist and heavily involved in white supremacy groups and demands that mutual friends disconnect from me on Facebook.

    She's pure poison and I'm not surprised that Tony O brushed her off or that she's got her snout in this latest drama.
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  13. Mr. Magoo Member

    I agree that Tony O is simply doing his job. He is an investigative journalist. That is what they do -- sniff out details and the stories those details belong to, and report them. Mosey dropped a bomb when she fired her legal team. It was public record, and TO reported it. No surprise there. What was Marty expecting?

    Marty loves and wants the media attention when it makes him look like a super hero (or a "scientology warrior,") but whines when it makes him look bad. If he didn't want Tony to report that bit of information, he should have contacted TO before Mosey fired her lawyers, and asked him not to publicize it. I wouldn't be surprised if TO would have obliged. I have seen him sit on information plenty of times, when there was a good reason for it. Otherwise, no surprise that this development was reported.
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  14. Quentinanon Member

    Just a guess what is going on in Marty's mind:

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  15. Thread derail/
    What the fuck do you suppose that is about? Yes, I am asking you to speculate, but am curious.
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  16. I'll speculate because why not? Because she is more cult than ex. Sometimes the lines blur so much that it becomes difficult to distinguish between the two. Pete, Marissa and that nutter McGhee are all cut from the same culty cloth. Are they working for the cult? Knowingly or not, they are.
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  17. I'd put Marty in that same category for the most part, btw. You can take the boy out of the cult but can you ever take the cult out of a boy who was that far in?
  18. amaX Member

    I am a critic and Tony Ortega did nothing in the way of journalistic investigation when Mark Bunker showed up at Flag Down. Tony Ortega posted just what Mark Bunker wanted him to and Tony Ortega never approached me in any way to find out my side of the story. I do believe he did post my WWP report of what went down, but that's it.

    Tony Ortega allowed his blogsite to cause me grief and allowed people on his site to viciously attack me at a time when I was physically ill and mentally exhausted from the backstabbing going on all around me by people who were supposed to be fellow critics.

    I don't frequent his site so I have no idea if anything has been reported on his site about the information I recently posted about how Mark Bunker actually caused me to be served with the LMT. If Tony Ortega had journalistic integrity he would report that and he would report it without slanting it toward victim-blaming me.

    Tony Ortega has also not done much in the way of reporting about Anonymous or Chanology. The sad fact is that he has consistently not reported on us.

    A journalist is supposed to report the news. They are not supposed to voice an opinion or slant an article toward one side or another. Tony Ortega is actually an editor who writes about his opinion of a subject.
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  19. amaX Member

    Marissa was actually one of the people that Pete Griffiths asked me to not allow to show up at Flag Down. Yes. He had his little list of people he didn't want to attend either. Griffiths said he didn't trust her.

    After Griffiths allowed Bunker to donate to Flag Down and therefore set the wheels in motion for the cult to serve me with the LMT didn't surprise me that suddenly Marissa was welcome at Flag Down.
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  20. Please head over to fd and post that list!
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  21. Random guy Member


    Nice try!
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  22. Ersatz Global Moderator

    Just a gentle reminder to please stay on topic folks. Maybe start a new thread?
    • Like Like x 4
  23. The Wrong Guy Member

    Withdrawal symptoms, Texas supreme style

    By Tony Ortega, The Underground Bunker, February 14, 2016

    For you document hounds and Scientology completists out there, we have the order issued by the Texas Supreme Court accepting the withdrawal of Monique Rathbun’s attorneys from the case after she fired them. The order also temporarily lifts the stay in the case so a similar withdrawal motion can be entered in the trial court in Comal County. According to the state supreme court’s online docket, Scientology’s deadline for submitting a petition by February 19 — this Friday — has not changed.
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  24. The Wrong Guy Member

    David Miscavige wastes no time once the stay is lifted in Monique Rathbun’s lawsuit

    By Tony Ortega, The Underground Bunker, February 18, 2016

    As we expected, as soon as the Texas Supreme Court temporarily lifted the stay in Monique Rathbun’s harassment lawsuit against the Church of Scientology, a motion was filed this week in Dib Waldrip’s Comal County court, and we have a copy of it for you. And sure enough, there was a surprise — the motion asked for substitution of counsel.
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  25. Indeed, just being the counterweight in this.
  26. The Wrong Guy Member

    Why Scientology’s petition to the Texas Supreme Court mentions a dildo, and other surprises

    By Tony Ortega, The Underground Bunker, February 20, 2016

    As our experts predicted, Scientology’s attorneys met their deadline yesterday and petitioned the Texas Supreme Court in an attempt to have an appellate decision reconsidered in Monique Rathbun’s harassment lawsuit against the church, even after the case has been put into some question since Monique fired her own set of attorneys three weeks ago and is without counsel.

    In the filing, which we have for you below, the Church of Scientology International (CSI) restates its version of the evidence in the case, making it sound as favorable as possible for itself while making the Rathbuns sound like calculating villains. But that doesn’t really matter. The state supreme court is not there to re-litigate the facts of a case. So Scientology also presents arguments that it hopes will convince the court that there’s an issue here worth its time. (A separate brief has been filed for CSI’s fellow defendants, private investigators and other operatives who took part in the yearslong surveillance campaign aimed at Monique and her husband, former Scientology official Mark “Marty” Rathbun.)

    These five defendants, more than two years ago now, filed an “anti-SLAPP” motion, claiming that Monique’s lawsuit was infringing their free speech rights and asking to have it thrown out of court. But the trial court judge in Comal County, Judge Dib Waldrip, concluded that Scientology is a business and was defending its turf, so it didn’t deserve the kind of protection guaranteed in the Texas anti-SLAPP statute, the Texas Citizens Participation Act (TCPA). The state’s Third Court of Appeals in Austin then took more than a full year before getting around to affirming Waldrip’s decision. Now, the defendants are asking the state supreme court to find that the appeals court erred.

    They’re doing that in a couple of different ways. On the one hand, they’re saying the appeals court simply screwed up when it referred to a dildo that was mailed to Monique’s office. She blames Scientology for it as just one of many dirty tricks that were played against her after Marty began his blog criticizing Scientology leader David Miscavige in 2009. But because the sex toy was mailed anonymously, Judge Waldrip ignored it as evidence (even though he found for Monique in his decision). So if Waldrip ignored the dildo, the appeals court should have also, and the appeals court was mistaken to refer to it in its decision, Scientology says.

    That seems like a pretty minor issue to motivate the interest of the state supreme court, which is under no obligation to take on this appeal for consideration. However, Scientology also points out that the TCPA is a relatively new law, and it has produced a lot of confusion in lawsuits around the state. In this case, the Austin court of appeals used a standard for considering one type of evidence in a way that was favorable to Monique, but other appeals courts, Scientology points out, have used a more neutral standard. One of the chief duties of a state supreme court is to settle such differences that arise in the appeals courts below it. And will that be enough of a discrepancy to interest the court in taking this on?

    We asked TX Lawyer, a regular commenter here at the Bunker and an actual lawyer with appellate experience who has been providing us excellent analysis of these appeals. He tells us that he thinks the court will be interested in looking further into this case, which will happen in a well-defined set of steps.

    Continued here:
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  27. The Wrong Guy Member

    Today this was mentioned on Law360.

    Scientology Wants Texas High Court To Ax Harassment Suit

    By Michelle Casady

    The Church of Scientology and a group that has been accused alongside the church of harassment asked the Texas Supreme Court in separate petitions to review their case, arguing more guidance is needed on the protections offered under the Texas Citizens Participation Act, a state free speech law.

    The church had moved to have a harassment suit brought against it by a former member tossed under the TCPA, but a trial court and appellate court rejected the move, saying that the conduct alleged in the suit...

    To view the full article, register now.
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  28. so how much cash they got from lil' asthmatic dwarf sekrit pig money ?
  29. The Wrong Guy Member

    Monique Rathbun is on the clock at the Texas Supreme Court, and more in our legal roundup

    By Tony Ortega, The Underground Bunker, February 24, 2016

    A sharp-eyed observer pointed out to us that the Texas Supreme Court’s docket posted a countdown date for Monique Rathbun to file a response to the Church of Scientology’s petition in her harassment lawsuit. That date is set for March 21.

    We asked commenter TX Lawyer about that, and he explained that it’s an automatic date set after Scientology filed its petition. Monique can file a response by that date, or, if she doesn’t, then the court will decide if it wants her to file one and will formally ask her to. Or, he says, in some cases a party will waive the right to file a response if they feel the appellant has such a weak argument the court is not likely to take up the case for consideration.

    On Saturday, TX Lawyer told us that he does think the court will find Monique’s lawsuit and Scientology’s appeal interesting, and will likely want her to file a response. So, for now she’s on the clock, but she might wait it out and be asked to submit one.
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    Scientologists Appeal to Texas Supreme Court

    AUSTIN (CN) - The Church of Scientology asked the Texas Supreme Court to review a judge's rejection of its First Amendment argument in a lawsuit from a woman they filmed, surveilled and outside of whose home they protested for 199 days.
    The Church of Scientology International did not respond to a request for comment Tuesday.
    Its two members named in Rathbun's lawsuit - Ed Bryan and David Lubow, along with private investigators Monty Drake and Steven Gregory Sloat - filed a separate petition for review.
    Their 28-page petition argued that the Court of Appeals failed to provide each defendant individual attention and did not consider whether, at step one, the factual basis for Rathbun's lawsuit as to each defendant was covered by the TCPA.
    The state Supreme Court is under no obligation to take up the interlocutory appeal for consideration; the nine justices will vote on whether to grant or deny the petition for review.
    A response is due March 21. Rathbun fired her attorneys in January and is representing herself.
    Miscavige did not file a motion to dismiss and is not a party to the appeal.
  31. The Wrong Guy Member

    Monique Rathbun waives a response: Will the TX Supreme Court take up Scientology’s appeal?

    By Tony Ortega, The Underground Bunker, March 18, 2016

    Monique Rathbun has waived her right to respond to the Church of Scientology’s petition to the Texas Supreme Court just a couple of days before the initial deadline for her to respond had arrived.


    Our local expert on Texas appellate matters, TX Lawyer, had told us that this was one of the options available to Monique. And he said that it might be used when a party felt confident that the petitioner would not succeed in interesting the court in taking things further.

    The state supreme court is under no obligation to consider Scientology’s appeal, but TX Lawyer told us that he believes the court will be interested in this case, with its somewhat outrageous factual allegations and the involvement of Scientology.

    More here:
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  32. The Wrong Guy Member

    No longer working for Monique Rathbun to sue Scientology, Ray Jeffrey opens up

    By Tony Ortega, March 21, 2016

    Once it became official that Ray Jeffrey and his colleagues — Marc Wiegand, Elliott Cappuccio, and Leslie Hyman — were no longer working for Monique Rathbun in her harassment lawsuit against the Church of Scientology, we called up Ray to see if he’d be interested in an interview. We’re glad to say he accepted. And while he can’t talk specifically about some things regarding his work for Monique and why that relationship ended, we were happy that he opened up as much as he did.

    Continued here:
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  33. The Wrong Guy Member

    Texas Supreme Court asks for Monique Rathbun’s response to Scientology’s petition

    By Tony Ortega, April 24, 2016

    The Texas Supreme Court has asked Monique Rathbun for a response to the Church of Scientology’s petition for review of a lower court’s ruling, and now she has until May 23 to file a highly technical legal document.

    Continued here:
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  34. I really hope Monique has secretly settled her case, because if she hasn't she is sunk.

    Another possibility -- if there was a secret deal with Monique, perhaps part of it was for her to deliberately lose in order to provide the Church of Scientology with a favorable precedent.
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  35. DeathHamster Member

    If she secretly settled, she still owes Ray Jeffrey and partners a pile of money.
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  36. Will he necessarily find out?

    Seriously, if Marty and Monique want to be assholes and screw Ray Jeffrey out of his share of a hypothetical secret settlement, it could be a real pain for him. Say they move away, start living large, would he even know? If he suspected, could he prove it? Sue Monique on the educated guess that she had gotten a secret settlement, and then do litigation discovery (interrogatories, depositions, etc.) in order to hopefully prove it?

    I've always thought highly of Monique, and honestly hate to say the above. My problem is that I can't figure out why Monique would discharge Ray Jeffrey, and most importantly why she would discharge him without substituting in new counsel. The only thing that makes sense to me is a secret settlement. Again, I hate to say that, but I can't think of anything else.
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  37. Quentinanon Member

    The important fact here is that Marty and Monique Rathbun are behaving self-destructively which should indicate to other folks that they should not be trusted.
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  38. Or not self-destructively, in that Monique may have settled by Ray Jeffrey's back in order -- a condition perhaps insisted on by the COS -- which just coincidentally would have the effect of screwing Ray Jeffrey out of his share of the settlement.

    In any event, the conclusion would the same -- i.e., it would indicate to other folks that they should not be trusted. I certainly wouldn't.
  39. RightOn Member

    I have nothing bad to say about Monique. I have nothing to judge her on other than the fact she married Marty. I am just not sure what is going on now or whatever REALLY went on. I do know they were bothered for years by he COS, that much is true.
    I guess everyone will find out in the long run? (maybe)
    I find it very odd how suddenly quiet they have become. Before it was a OSA , PI, media circus.
    Who can forget Rinder and Marty's fishing videos? Does Rinder discuss Marty any more? Anyone know?
    Part of me wonders if Marty welcomed all this and has been playing chess with DM. He knows exactly how they work to a "t". So were all his moves carefully calculated in playing cat and mouse with DM?
    He wasn't making much money after the auditing stopped.His books? Haven't sold too well. Then a child came into the picture. Maybe his grand plan was to settle for some major moolah from DM all along and ride off into the sunset?

    And people really need to remember that Monique married MARTY. A very intense and calculating person who was all the way at the top of the COS. And she married him back when he was still auditing people. Someone that intense and that close to DM just doesn't up and leave and turn into a completely different person. Sorry, I can't believe that. The COS rode him hard and honed him into the person his is today. And who knows what he was really like before he got in?
    I have to wonder what he has talked Monique into over the years and now ( if anything)
    Of course this is all speculation on my part.
    There are just too many unanswered questions.
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  40. Random guy Member

    I don't think the Ratbuns, having seen Jeffrey in action up close, would be so stupid as to try to swindle him. It's a bit like the "don't get into a pissing contest with a man who buy ink by the barrel" adage.
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