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From: publicrelations@scientology.org
Subject: Re: Making Light of Black PR, Part 2, January 26, 1997
Armstrong Declaration for RTC v. Ward.
Date: 2000/03/08
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ANDREW H. WILSON, SBN 063209
CLAUDETTE C. GREENE SBN 184437
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
Telephone (415) 391-3900
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STARE
OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation CASE NO. 152229
Plaintiff, BENCH WARRANT
(CIVIL)
vs.
GERALD ARMSTRONG; DOES
1
through 25, inclusive,
Defendant.
__________________________________________)
The people of the State
of California to any peace officer of
this state:
On October 17, 1995 this
Court entered an Order of Permanent
Injunction against Defendant GERALD ARMSTRONG ("ARMSTRONG"). The Order
prohibits Armstrong from voluntarily assisting any persons litigating
claims adverse to the "Beneficiaries" and prohibiting "works"
discussing any of the Beneficiaries. The Order was valid. ARMSTRONG
had knowledge of the Order. ARMSTRONG has the ability to comply with
the Order.
ARMSTRONG willfully disobeyed
the order by sending a
declaration to Judge Whyte.
The Contempt proceedings
against Armstrong came on for hearing
by the above-referenced Court on May 23, 1997 pursuant to this Court's
ORDER TO SHOW CAUSE RE CONTEMPT issued on February 18, 1997. ARMSTRONG
did not appear nor did ARMSTRONG files any opposition or evidence. An
ORDER OF CONTEMPT was issued by this Court on June 5, 1997 (A true and
correct copy of this order is attached and highlighted here as Exhibit
A).
YOU ARE THEREFORE ORDERED
forthwith to arrest GERALD ARMSTRONG
whose last known address: 715 Sir Francis Drake Boulevard, San Anselmo,
CA 94960 and bring him before this Court to show cause why he should
not be punished for contempt for disobeying the mandate of this Court.
Arrest under this bench
warrant may be made at any time of the
day or night.
Bail is fixed in the sum
of $5,000 (and pursuant to the ORDER
OF CONTEMPT, including a fine of $1000.00 and confinement in the County
Jail for a period not to exceed 48 hours).
IT IS SO ORDERED
Date: August 6, 1997 Gary
Thomas
JUDGE OF THE SUPERIOR COURT
Exhibit A:
ANDREW H. WILSON, ESQ.,
SBN 063209
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 943104
(415) 391-3900
(415) 954-0938 (fax)
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STARE
OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation Case No. 152229
Plaintiff, ORDER OF CONTEMPT
vs.
GERALD ARMSTRONG; DOES
1
through 25, inclusive,
Defendant.
___________________________________________)
The contempt proceedings
against Defendant GERALD ARMSTRONG
came on for hearing by the Court on May 23, 1997 pursuant to this
Court's ORDER TO SHOW CAUSE RE CONTEMPT issued on February 18, 1997,
and further pursuant to this Court's ORDER ALLOWING SERVICE OF THE
ORDER TO SHOW CAUSE RE CONTEMPT issued on March 5, 1997. Petitioner
CHURCH OF SCIENTOLOGY INTERNATIONAL appeared by its counsel, Andrew H.
Wilson. Defendant ARMSTRONG did not appear nor did Defendant file any
opposition or evidence.
GOOD CAUSE APPEARING THEREFOR,
the court makes the following
findings:
1. On October 17, 1995
this Court entered an Order of
Permanent Injunction against ARMSTRONG (the "Order") following motions
for summary adjudication brought by Plaintiff. This Order was alter
incorporated int a judgment entered against Mr. Armstrong on May 2,
1996 (the "Judgment"). The Order prohibits ARMSTRONG from voluntarily
assisting any persons litigating claims adverse to the "Beneficiaries"
and from creating or publishing "works" discussing any of the
Beneficiaries. One of the Beneficiaries is a corporation known as
Religious Technology Center ("RTC").
2. The Order was valid
when rendered and remains fully
enforceable, notwithstanding ARMSTRONG's appeal of the Judgment. the
filling of a Notice of Appeal does not render a valid order
unenforceable.
3. ARMSTRONG had knowledge
of the Order. ARMSTRONG's
counsel appeared at the hearing pertaining to the Order and received
Notice of Entry. ARMSTRONG also received a Notice of Entry of Order
which was served on his counsel. ARMSTRONG's actual knowledge of the
Order is also shown by the fact that ARMSTRONG himself signed and filed
a Notice of Appeal of the Judgment.
4. ARMSTRONG had the ability
to comply with the Order.
The Order was specific. It prohibited ARMSTRONG from voluntarily
assisting any person arbitrating or litigating adversely to the
Beneficiaries and also prohibited ARMSTRONG from facilitating in any
manner the creation, publication, broadcast, writing, electronic
recording or reproduction of various documentary works. There has been
no suggestion, and certainly no showing by ARMSTRONG, that he is
incapable of complying with the Order.
5. ARMSTRONG willfully
disobeyed the Order. On or about
January 26, 1997, ARMSTRONG sent a document entitled DECLARATION OF
GERALD ARMSTRONG to United States District Judge Ronald M. Whyte.
Judge Whyte was at the time presiding over three cases in which the
plaintiff is RTC. In the Declaration, ARMSTRONG recites his
understanding that he was prohibited form sending such a declaration
directly to litigants and states that he is instead sending it directly
to Judge Whyte in the hopes of influencing his decision on a pending
matter. This evidences ARMSTRONG's willful disobedience of the Order
and Judgment.
IT IS HEREBY ADJUDGED,
ORDERED AND DECREED that Defendant
GERALD ARMSTRONG is guilty of Contempt of Court for a failure to obey
the Order and Judgment by sending the Declaration, as described above,
to Judge Whyte. As set forth above, the Order was valid and
enforceable; ARMSTRONG had knowledge of the Order, had the ability to
comply with the Order and willfully disobeyed the Order.
IT IS FURTHER ADJUDGED,
ORDERED AND DECREED that Defendant
GERALD ARMSTRONG is to be punished for the foregoing contempt by a fine
of $1,000 and confinement in the County Jail for a period not to exceed
48 hours.
DATED: June 3, 1997 GARY
W. THOMAS
JUDGE OF THE SUPERIOR COURT
In article <38c3687e.235039734@news.dowco.com>,
armstrong@dowco.com (Gerry Armstrong) wrote:
> Making Light of Black PR, Part 2, January 26, 1997 Armstrong
> Declaration for RTC v. Ward.
>
> UNITED STATES DISTRICT COURT
>
> FOR THE NORTHERN DISTRICT OF CALIFORNIA
>
> No. C-96-20207 RMW
>
> Religious Technology Center, Plaintiff,
> v.
> Grady Ward, Defendant
>
> No. C-96-20271 RMW
>
> Religious Technology Center, Plaintiff,
> v.
> H. Keith Henson, Defendant
>
> No. C-95-20091 RMW
>
> Religious Technology Center, et al., Plaintiffs, )
> v.
> Dennis Erlich, et al., Defendants
>
> DECLARATION OF GERALD ARMSTRONG
>
> I, Gerald Armstrong, declare:
>
<snip>
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