CAUSE NO. C2013-1082B
Montour RaTHBUN, IN Tue District Court
PLAINTIFF
v. 207™ JUDICIAL DisTRICT
DAVID MISCAVIGE, RELIGIOUS
TECHNOLOGY CENTER, CHURCH
OF SCIENTOLOGY INTERNATIONAL,
‘STEVEN GREGORY SLOAT, MONTY DRAKE,
Dave LuBOW a/k/a DAVID J. LABOW, AND
ED BRYAN,
DEFENDANTS Comat County, TEXAS
LD Lo Oh Le Lh Ls oh
PLAINTIFF'S MOTION FOR CONTEMPT AGAINST CSI, CARTWRIGHT,
MISCAVIGE; AND MOTION FOR DISCOVERY ABUSE SANCTIONS AGAINST CSI,
MISCAVIGE, AND RTC
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff Monique Rathbun, and files this Motion for Contempt Against
Defendant Church of Scientology International (“CSI”), Allan Cartwright (Legal Director of
CSN), and Defendant Miscavige; and Motion for Sanctions against CSI, Miscavige, and Religious
Technology Center (“RTC”). These Defendants have engaged in a pattern of intentional abuse of
the discovery process, and CSI together with Cartwright and Miscavige have disobeyed and/or
caused CSI to disobey a direct order from this Court. Plaintiff therefore seeks sanctions for
discovery abuse against CSI, Miscavige, and RTC pursuant to Texas Rules of Civil Procedure
215.1, 215.2, and 215.3, and Plaintiff moves for CSI, RTC, Cartwright, and Miscavige to be held
in contempt and appropriately sanctioned for refusing to comply with this Court’s January 14,
2014 Order. In support of this motion, Mrs. Rathbun shows the Court as follows:BACKGROUND FACTS
1. Captain David Miscavige and RTC have filed special appearances objecting to
personal jurisdiction over them in Texas. In support of their motion to dismiss on jurisdictional
grounds, they filed sworn declarations from David Miscavige of RTC, Warren MeShane of RTC,
and Allen Cartwright of CSI. They have made blanket denials that Miscavige and RTC have any
meaningful connection to the facts of this specific case (specific jurisdiction) or to the State of
Texas in general (general jurisdiction). Under Texas jurisdictional law, to succeed on their
jurisdictional challenge, Miscavige and RTC must negate all bases of personal jurisdiction
alleged by Mrs. Rathbun.
2. Mrs. Rathbun’s position is that Miscavige and RTC have directed and controlled
extensive investigations and “dirty tricks” operations in Texas, including the multi-year
harassment of the Rathbuns that is the basis of this lawsuit. She has filed numerous sworn
declarations that provide detailed, circumstantial evidence that Captain Miscavige, from his
position as the commanding officer of the Sea Organization (“Sea Org”), personally controls
such operations. His loyal subordinates in the Sea Org run the various Scientology corporations.
In particular, Sea Org members in CSI’s Office of Special Affairs OSA”) carry out
;, such as the Rathbuns.
Miscavige’s directives against perceived enei
3. In response to the Defendants’ claim that there are no facts tying them to Texas,
the Court granted leave for Mrs. Rathbun to conduct discovery to obtain direct evidence of the
Defendants’ involvement in Texas. She has attempted through depositions and document
requests to obtain direct evidence of the Defendants’ activities. She has been met with
obstruction, evasion, spoliation of evidence, and outright perjury. The Defendants’ pattern of
discovery abuse is intentional and merits sanctions to secure their compliance with the rules,
Mes, Rathbun’s Motion for Contempt
age 2punish their misbehavior, and deter other litigants from violating the rules. See Tex. R. Civ. P.
215; and Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 849 (Tex. 1992).
4. Additionally, on January 14, 2014, the Court entered an Order Granting
Continuance and Discovery on Anti-SLAPP Issues (the “Order”), In the Order, CSI (and the
other Anti-SLAPP Movants) were commanded to produce to Plaintiff four specific categories of
information by January 27, 2014. CSI failed to comply with the Order by: (1) failing to produce
all responsive information on time; (2) failing to seek leave of court for additional time to
produce data; (3) failing to produce data in a format that was reasonably accessible to Plaintiff,
(4) substantially altering, deleting, and destroying portions of video and audio data prior to
production; and (5) making a frivolous, bad-faith confidentiality designation of “Attomeys’ Eyes
Only” under the Confidentiality And Protective Order herein. The disobedience of CSI occurred
in the presence of the Court and was evidenced by the video clips (exhibits 9 and 10) admitted
into evidence at the February 3, 2014 hearing before this Court. As a result, Plaintiff contends
that a show cause order is not necessary. To the extent the court determines a show cause order
is necessary, Plaintiff asks that a show cause order be entered commanding CSI, RTC,
Cartwright, and Miscavige to appear in person in Court and show cause why they should not be
held in contempt. Because Cartwright and Miscavige participated in or encouraged the violation
of this Court’s order, it is appropriate and necessary to find them in contempt as well. See Ex
Parte Chamber, 898 8.W. 24 257 (Tex. 1995)
ARGUMENTS
AUTHORITIES
Abuse of the Discovery Process & Violation of the Court’s Order
S.A court holds inherent power to issue orders and control proceedings in a manner
that preserves the integrity of the court and ensures justice. Tex. Gov't Code § 21.001(a) & (b).
Mrs, Rathbun’s Motion for Contempt
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