Gerry Armstrong--Plaintiff's Motion In Limine 04-02-2004

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ANDREW H. WILSON, ESQ., SBN 63209
WILSON CAMPILONGO LLP
475 Gate Five Road, Suite 212
Sausalito, CA 94965-1475
Telephone: (415) 289-7100
Facsimile: (415) 289-7110

Attorneys for Plaintiff,
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL, A California nonprofit religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG, an individual; and
DOES 1 THROUGH 50, inclusive,

Defendants.

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Case No.: CV 021632

CHURCH OF SCIENTOLOGY
INTERNATIONAL'S ISSUE
CONFERENCE STATEMENT

Trial Date: April 9, 2004
Time: 9:00 a.m..
Dept.: L

Plaintiff, the Church of Scientology International ("Plaintiff" or "Church"), submits the

following Issue Conference Statement pursuant to Local Rule § 1.23(C).

STATEMENT OF FACTS, LAW AND CONTENTIONS OF PARTIES

1. STATEMENT OF FACTS

On December 6, 1986, Church and Armstrong entered into a Mutual Release of All Claims

and Settlement Agreement ("Agreement"), which resolved and settled the case entitled Church of

Scientology International v. Armstrong, Case No. C 420153. In consideration for a payment of

approximately $800,000.00, Armstrong made various covenants, including the following contained

in paragraph 7(D) of the Agreement:

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Plaintiff agrees never to create or publish, or attempt to publish, and/or assist
another to create for publication by means of magazine, article, book or other
similar form, any writing or broadcast or to assist another to create, write, film or
video tape or audio tape any show, program or movie, or to grant interviews or
discuss with others, concerning their experiences with the Church of Scientology, or
concerning their personal or indirectly acquired knowledge or information
concerning the Church of Scientology, L. Ron Hubbard or any of the organizations,
individuals and entities listed in Paragraph 1 above. Plaintiff further agrees that he
will maintain strict confidentiality and silence with respect to his experiences with
the Church of Scientology and any knowledge or information he may have
concerning the Church of Scientology, L. Ron Hubbard, or any of the organizations,
individuals or entities listed in Paragraph 1 above .... Plaintiff agrees that if the
terms of this paragraph are breached by him, that CSI and the other Releases would
be entitled to liquidated damages in the amount of $50,000 for each such breach.

After spending the funds paid to him, Armstrong began breaching the Agreement. Plaintiff

filed a breach of contract action against Armstrong which was finally determined in this Court in

the case entitled Church of Scientology International v. Armstrong, Case Nos. 152229 and 157680

(Consolidated Action).

In the Consolidated Action, Plaintiff sought liquidated damages pursuant to the terms of the

Agreement, as well as injunctive relief to prevent any future breaches of the Agreement by

Armstrong, including breaches of paragraph 7(D) of the Agreement. Armstrong, represented by

counsel, cross-complained against Plaintiff in the Consolidated Action challenging the validity of

the Agreement on a number of grounds, including violation of the First Amendment, illegality and

duress.

On October 17, 1995, following a motion for summary adjudication of issues brought by

the Church against Armstrong, this Court entered an Order of Permanent Injunction in the

Consolidated Action finding that:

"1. Plaintiff and defendant freely and voluntarily entered into a Mutual Release of

All Claims and Settlement Agreement in December, 1986.

2. Plaintiff performed all of its obligations pursuant to the Agreement.

3. Defendant Armstrong received substantial consideration for the promises

which he made in the Agreement.

4. Since 1990, defendant Armstrong has repeatedly breached paragraphs

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

7(D)...

9. Defendant Armstrong has reiterated numerous times that he intends to continue

breaching the Agreement unless he is ordered by the Court to cease and desist . . .

10. Plaintiff's legal remedies are inadequate insofar as the scope of the relief

ordered below is concerned . . .

Accordingly, the Court finds that entry of a permanent injunction in this action is

necessary in this action because pecuniary compensation could not afford the

Church adequate relief, and the restraint is necessary in order to prevent a

multiplicity of actions for breach of contract."

Thereafter, the court permanently enjoined Armstrong from "doing directly or indirectly

any of the following:"

"Facilitating in any manner the creation, publication, broadcast, writing, filming,

audio recording, video recording, electronic recording or reproduction of any kind

of any book, article, film, television program, radio program, treatment, declaration,

screenplay or other literary, artistic or documentary work of any kind which

discusses, refers to or mentions Scientology, the Church and/or any of the

Beneficiaries (which includes Plaintiff herein, CSI);

5. Discussing with anyone, not a member of Armstrong's immediate family or his

attorney, Scientology, the Church, and/or any of the Beneficiaries (including CSI)."

The Court subsequently entered summary judgment against Armstrong in the

amount of $300,000.00 and also entered a final judgment.

2. FACTUAL AND LEGAL CONTENTIONS IN DISPUTE

Armstrong does not dispute the execution of the Agreement, that he received substantial

consideration for his promises, or that he has breached the agreement on thousands of occasions

since the Agreement was entered into. Most significantly, Armstrong does not dispute, and in fact

admits in his Answer, that he committed the 201 breaches of the Agreement alleged in the

Complaint. Despite this admission„ and in order to streamline the trial, Plaintiff will move and

seek recovery for only the 131 breaches which were adjudicated in the prior action.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Armstrong raises a plethora of affirmative defenses, contending the Agreement was not

entered into under Armstrong's own free will but was procured by fraud and duress, that the

Agreement is unenforceable and that the Orders entered by the Hon. Gary W. Thomas enforcing

the Agreement, including the Permanent Injunction entered against Armstrong and the contempt

citation against Armstrong for his violation of the injunction, were the result of a criminal

conspiracy between the Church, its attorneys and Judge Thomas.

Plaintiff contends that the Order of Permanent Injunction (Exhibit 7) and the Final

Judgment (Exhibit 8) conclusively determined these issues. Armstrong is collaterally estopped

from relitigating them. See Pinewood Investors v. City of Oxnard, 133 Cal.App.2d 3d 1030

(1982); Savage v. Pacific Gas & Electric Co. 21 Cal.App.4th 434 (1993). Weil & Brown, Civil

Procedure Before Trial, Section 10:20, at p.10-7, Rutter Group (2003). First N.B.S. Corp. v.

Gabrielsen, 179 Ca1.App.3d 1189, (1986); Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd., 58

Cal.2d 601 (1962); Bernhard v. Bank of America, 19 Cal.2d 807 (1942); City of Los Angeles v.

City of San Fernando, 14 Cal.3d 199 (1975); Henn v. Henn, 26 Ca1.3d 323 (1980).)

3. DAMAGES

The Agreement provides for liquidated damages of $50,000.00 for each breach. This

provision was found to be valid by Judge Thomas in the Prior Action. Plaintiff's Exhibit 6, pg. 2.

4. LEGAL AND EVIDENTIARY ISSUES

The principal legal issue is the application of the doctrine of collateral estoppel to prevent

relitigation of the following issues: (1) Whether Armstrong committed the acts which Plaintiff

alleges constituted breaches of the Agreement; (2) Whether those acts are breaches of the

Agreement; (3) Whether Armstrong has viable affirmative defenses.

Plaintiff does not anticipate any evidentiary issues. Plaintiff's Exhibits 1-12 consist of

pleadings and other court filings of which judicial notice can be taken. Exhibits 13-143 are copies

of emails and/or internet postings made by Mr. Armstrong, whose authenticity has never been

questioned and in any event which are presumptively accurate pursuant to Evidence Code §

1500.5(c).

5. MATTERS OF FACT APPROPRIATE FOR STIPULATION

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Plaintiff submits that Armstrong's commission of the acts of breach alleged in the

Complaint are appropriate for stipulation. Armstrong's Answer admits that he committed these

acts, and Armstrong has stated publicly that he has breached the Agreement on numerous

occasions.

6. LIST OF WITNESSES

Plaintiff does not anticipate the need for any witnesses, unless it becomes necessary to

refute any evidence that the copies submitted as Exhibits 13-143 are not accurate or authentic.

7. LIST OF EXHIBITS

Exhibit 1: Mutual Release of All Claims and Settlement Agreement.

Exhibit 2: Complaint filed in Church of Scientology International v. Armstrong , Case No.

152229.

Exhibit 3: Complaint filed in Church of Scientology International v. Armstrong, Case No.

157680.

Exhibit 4: Answer of Gerry Armstrong in the Consolidated Action.

Exhibit 5: Certified copy of Armstrong's Cross-Complaint in the cases entitled Church of

Scientology International v. Armstrong, Case No. 152229 and Church of Scientology International

v. Armstrong, Case No. 157680.

Exhibit 6: Order of Summary Judgment as to the 13th, 16th, 17th and 19th Causes of

Action.

Exhibit 7: Order of Permanent Injunction dated October 17, 1995, entered in Church of

Scientology International v. Armstrong, Case No. 157680.

Exhibit 8: Judgment dated May 2, 1996, entered in Church of Scientology International v.

Armstrong, Case No. 152229.

Exhibit 9: Ex Parte Application for Order to Show Cause re: Contempt.

Exhibit 10: Armstrong's Opposition to Order to Show Cause.

Exhibit 11: Order of Contempt issued in the Consolidated Action, dated July 13, 2001.

Exhibit 12: Answer of Gerry Armstrong, Case No. 021632.

Exhibit 13: March 1998 posting by Armstrong in response to Roland Rashleigh-Berry.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Armstrong describes his alleged experiences when he worked in Public Relations in Scientology in

the 1970s.

Exhibit 14: March 5, 1998 posting by Armstrong in which he posts a derogatory affidavit

which he had written regarding Scientology that he had submitted to Revenue Canada.

Exhibit 15: May 21, 1998 posting by Armstrong critical of the Church of Scientology.

Exhibit 16: May 22, 1998 posting by Armstrong which includes a declaration by

Armstrong, filed in another case, in which he discusses his alleged background in Scientology and

makes various accusations against the Church.

Exhibit 17: July 16, 1998 posting by Armstrong critical of the Church and Church

executives.

Exhibit 18: August 27, 1998 posting by Armstrong critical of Mr. Hubbard and his

schooling.

Exhibit 19: September 5, 1998 posting by Armstrong regarding the dismissal of his lawsuit

against CSI in Nevada, his status as a fugitive from justice, and his criticism of the California

justice system.

Exhibit 20: September 24, 1998 posting by Armstrong regarding Grady Ward, a copyright

infringer against the Church, where Armstrong wants to meet Ward and discuss their litigation and

have Ward testify against the Church in Armstrong's opposition to a finding of his contempt of

court.

Exhibit 21: September 25, 1998 posting by Armstrong offering to be an expert witness for

Grady Ward in the suit brought against Ward for violating copyrights of Scientology materials.

Exhibit 22: September 30, 1998 posting by Armstrong critical of Scientology spiritual

practices.

Exhibit 23: November 17, 1998 posting by Armstrong of his declaration claiming that the

Church caused him to be detained by police in San Anselmo, California.

Exhibit 24: November 27, 1998 posting by Armstrong where he claims that no one who has

communicated with him has been sued or will be sued pursuant to the injunction against him.

Armstrong admits that he has communicated with other media entities and individuals about

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Scientology and his experiences.

Exhibit 25: December 24, 1998 posting by Armstrong where he talks about setting up a

national level debate or hearing about Scientology.

Exhibit 26: December 24, 1998 posting by Armstrong suggesting that a compilation of

letters critical of the Church be given out at future protests or to the media.

Exhibit 27: January 8, 1999 posting by Armstrong in response to posting by Ralph Hilton,

another former Scientologist whom Armstrong allegedly knew, discussing Armstrong's

recollection of events from his days in the Church.

Exhibit 28: January 12, 1999 posting by Armstrong in which he comments on past postings

he made about Scientologists.

Exhibit 29: January 12, 1999 posting by Armstrong responding to Rick Larsen, concerning

a personality test used in Scientology churches.

Exhibit 30: January 12, 1999 posting by Armstrong about a fire that occurred when

Armstrong was in one church in Clearwater, Florida.

Exhibit 31: January 12, 1999 posting by Armstrong responding to "John D.", saying he is

writing a book critical of Scientology, and criticizing the Permanent Injunction.

Exhibit 32: January 16, 1999 posting by Armstrong critical of Scientologists making

donations for religious service.

Exhibit 33: January 18, 1999: posting by Armstrong, as a continuation of the previous

posting, comparing Scientology and Christianity.

Exhibit 34: February 22, 1999 posting by Armstrong discussing ARS and how it is a hot

bed of anti-Scientology sentiments and it "is bringing the gospel" to Scientologists.

Exhibit 35: February 22, 1999 posting by Armstrong attempting to provoke a "response"

from the psychiatric community against the Church.

Exhibit 36: March 6, 1999 posting by Armstrong re his experiences with William

Broderick who he knew when they were both in Scientology.

Exhibit 37: March 17, 1999 posting by Armstrong responding to Rob Clark, and explaining

what one of Armstrong's positions was when he was a Church staff member.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Exhibit 38: March 20, 1999 posting by Armstrong which quotes an attacker of the Church.

Exhibit 39: March 21, 1999 posting by Armstrong with a number of reasons why he claims

Scientology won't succeed.

Exhibit 40: March 21, 1999 posting by Armstrong where he describes actions he allegedly

performed during a project while working on Church staff.

Exhibit 41: March 22, 1999 Posting by Armstrong where he makes allegations about Vicki

Aznaran, a former Scientologist who sued the Church and later settled.

Exhibit 42: March 28,1999 posting by Armstrong re Mr. Hubbard's military service which

Armstrong supposedly knew about and which was mentioned in his earlier litigation with the

Church.

Exhibit 43: March 28, 1999 posting by Armstrong of the Settlement Agreement signed on

3-19-99 in a suit brought by Scientology entities for copyright infringement, including Armstrong's

own comments about Scientology and that case.

Exhibit 44: April 2, 1999 posting by Armstrong critical of a Church executive.

Exhibit 45: April 3,1999 posting by Armstrong attacking the Church and its news journal,

Freedom Magazine.

Exhibit 46: April 3, 1999 posting by Armstrong criticizing certain Scientology practices

and writings.

Exhibit 47: April 4, 1999 posting by Armstrong criticizing Mr. Hubbard.

Exhibit 48: April 4, 1999 posting by Armstrong regarding documents he allegedly saw

while he was a Church staff member.

Exhibit 49: April 7, 1999 posting by Armstrong regarding a web page allegedly put up by

Scientologists.

Exhibit 50: April 11, 1999 posting by Armstrong stating that opposition to "Scientology the

religion" and distribution of their Asacred scriptures is protected religious expression and pickets

are tax deductible religious contributions.

Exhibit 51: April 19, 1999 posting by Armstrong concerning a Church staff member from

the early 1980's.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Exhibit 52: April 20, 1999 posting by Armstrong containing allegations about Mr.

Hubbard.

Exhibit 53: April 20, 1999 posting by Armstrong commenting on a letter from Grady Ward

to a Church attorney, including allegations about his own settlement with the Church.

Exhibit 54: April 20, 1999 posting by Armstrong ridiculing certain Scientology beliefs.

Exhibit 55: April 20, 1999 posting by Armstrong denigrating Scientology and its

leadership.

Exhibit 56: April 22, 1999 posting by Armstrong concerning the alleged handling of PR

and legal matters by Church officials.

Exhibit 57: April 27, 1999 posting by Armstrong containing various accusations against

Scientologists.

Exhibit 58: May 1, 1999 posting by Armstrong concerning alleged actions by

Scientologists.

Exhibit 59: May 2, 1999 posting by Armstrong commenting on the settlement of a suit

between Dennis Erlich and Scientology entities.

Exhibit 60: May 4, 1999 posting by Armstrong advocating public hearings on Scientology.

Exhibit 61: May 8, 1999 posting by Armstrong in which he guesses how much Dennis

Erlich received in his settlement with the Church.

Exhibit 62: May 24, 1999 posting by Armstrong responding to Carol Eidge and offering to

help remove her children from Scientology.

Exhibit 63: May 24, 1999 posting by Armstrong concerning an individual who was

allegedly involved in Scientology in the 1950's and 60's.

Exhibit 64: June 3, 1999 posting by Armstrong commenting about the IRS having granted

tax exemption to Scientology churches.

Exhibit 65: June 6, 1999 posting by Armstrong about an alleged former Scientologist.

Exhibit 66: June 6, 1999 posting by Armstrong giving advice to another Internet poster and

offering his own experience in Scientology as an example.

Exhibit 67: June 15, 1999 posting by Armstrong giving legal advice to a person in relation

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

to Scientology.

Exhibit 68: June 16, 1999 posting by Armstrong suggesting a demonstration at the

governor's office in Sacramento against Scientology.

Exhibit 69: June 28, 1999 posting by Armstrong in which he makes allegations about

Scientology management and suggests various actions to be taken against it.

Exhibit 70: June 30, 1999 posting by Armstrong containing various allegations about

Scientology.

Exhibit 71: July 1, 1999 posting by Armstrong concerning alleged forgeries by

Scientologists on the Internet.

Exhibit 72: July 4, 1999 posting by Armstrong concerning an early Scientologist, whom he

interviewed when he was a Church staff member.

Exhibit 73: July 7, 1999 posting by Armstrong concerning his time in Scientology.

Exhibit 74: July 11, 1999 posting by Armstrong offering himself as a percipient and expert

witness in a civil suit against a Scientology church.

Exhibit 75: July 12, 1999 posting by Armstrong about searching for documents relevant to

litigation against the Church.

Exhibit 76: July 17, 1999 posting by Armstrong about a "solution to the Scientology

problem".

Exhibit 77: July 18, 1999 posting by Armstrong about the Asporgeries" on the Internet and

various accusations about Scientologists.

Exhibit 78 July 20, 1999 posting by Armstrong concerning his experiences on Church staff

and Scientologists' beliefs about Mr. Hubbard.

Exhibit 79: July 20, 1999 posting by Armstrong concerning writings by Mr. Hubbard.

Exhibit 80: August 8, 1999 posting by Armstrong concerning apostate Stacy Brooks; suing

a senior Scientology church; upper Scientology management and the corporate structure of the

Church.

Exhibit 81: August 9, 1999 posting by Armstrong containing allegations about how the

Church deals with its opponents.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Exhibit 82: August 9, 1999 posting by Armstrong about Mr. Hubbard.

Exhibit 83: August 9, 1999 posting by Armstrong commenting on statements by Mr.

Hubbard about drugs.

Exhibit 84: August 17, 1999 posting by Armstrong in which he reposts a letter by attacker

Garry Scarff regarding an attorney who represents him in legal matters concerning the Church.

Exhibit 85: August 17, 1999 posting by Armstrong concerning Mr. Hubbard and quoting

from Scientology scripture.

Exhibit 86: August 17, 1999 posting by Armstrong about some of his alleged experiences

in the Church.

Exhibit 87: August 17, 1999 posting by Armstrong about a declaration he wrote concerning

Scientology.

Exhibit 88: August 18, 1999 posting by Armstrong promoting books critical about

Scientology.

Exhibit 89: September 10, 1999 posting by Armstrong commenting on postings about

others' alleged experiences in Scientology.

Exhibit 90: September 12, 1999 posting by Armstrong about posters who are critical of

Scientology.

Exhibit 91: September 16, 1999 posting by Armstrong concerning an essay contest

sponsored by Robert Minton for critics of Scientology and whether Armstrong should participate.

Exhibit 92: September 28, 1999 posting by Armstrong criticizing Mr. Hubbard and

Scientology scripture.

Exhibit 93: September 28, 1999 posting by Armstrong criticizing Scientologists.

Exhibit 94: September 29, 1999 posting by Armstrong urging Scientologists to get out of

Scientology.

Exhibit 95: September 30, 1999 posting by Armstrong asserting that Scientology is not

spiritual.

Exhibit 96: October 1, 1999 posting by Armstrong saying he does many things to get

Scientologists to leave Scientology.

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

Exhibit 97: October 1, 1999 posting by Armstrong about Scientologists' ethics.

Exhibit 98: October 1, 1999 posting by Armstrong criticizing a senior Scientologist.

Exhibit 99: October 2, 1999 posting by Armstrong concerning folders used in connection

with Scientology counseling.

Exhibit 100: October 2, 1999 posting by Armstrong alleging he has documentation

concerning use of Scientology counseling folders.

Exhibit 101: October 2, 1998 posting by Armstrong concerning the Scientology church in

Belgium.

Exhibit 102: October 2, 1999 posting by Armstrong about getting anti-Scientology

literature passed around.

Exhibit 103: October 2, 1999 posting by Armstrong in which he responds to derogatory

statements of another regarding Scientology practices.

Exhibit 104: October 7, 1999 posting by Armstrong making contemptuous statements about

Scientology organizations.

Exhibit 105: October 7, 1999 posting by Armstrong about Scientology scriptures being

posted on the Internet.

Exhibit 106: October 7, 1999 posting by Armstrong about hate sites on the Internet and

attempting to get a Scientologist to leave the Church.

Exhibit 107: October 9, 1999 posting by Armstrong about people who he believes work for

the Church.

Exhibit 108: October 9, 1999 posting by Armstrong in which he posts a news release

announcing the judgment entered against him in Marin County for breaching the settlement

agreement with the Church, along with his comments on this.

Exhibit 109: October 12, 1999 posting by Armstrong about asking questions to a new

Scientology web site.

Exhibit 110: October 12, 1999 posting by Armstrong offering to send someone a write up

on what he had read in Mr. Hubbard's unpublished book "Excalibur."

Exhibit 111: November 1, 1999 posting by Armstrong responding to Bob Minton's

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

description of his arrest in Clearwater, Florida on charges of committing battery against a

Scientologist.

Exhibit 112: November 2, 1999 posting by Armstrong attempting to blame Scientologists

for Minton being arrested.

Exhibit 113: November 6, 1999 posting by Armstrong about the Church's alleged attempts

to deal with critics.

Exhibit 114: November 29, 1999 posting by Armstrong saying that the Church and its

leaders are unfair.

Exhibit 115: December 1, 1999 posting by Armstrong regarding a news reporter who has

written about the Church in the past.

Exhibit 116: December 9, 1999 posting by Armstrong talking about the picketing he

recently participated in Clearwater, and the speeches delivered by Church antagonists.

Exhibit 117: December 25, 1999 posting by Armstrong in which he defends Bob Minton

and makes derogatory statements about Scientology beliefs.

Exhibit 118: December 30, 1999 posting by Armstrong in which he answers questions

about a person he knew in Scientology in the 70s.

Exhibit 119: December 30, 1999 posting by Armstrong in which he posts a portion of the

Congressional Record containing requests for the US to resolve the religious discrimination in

Germany. Armstrong enters his own negative comments about Scientology.

Exhibit 120: December 31, 1999 posting by Armstrong speaking derogatorily about

Scientology and saying that the Scientology organizations and technology should be dismantled.

Exhibit 121: December 31, 1999 posting by Armstrong in which he claims he is an expert

in the subject of Scientology.

Exhibit 122: January 3, 2000 posting by Armstrong recounting alleged incidents from when

he was a Church staff member.

Exhibit 123: January 3, 2000 posting by Armstrong regarding mental illness and

Scientology.

Exhibit 124: January 3 2000 posting by Armstrong agreeing with another poster's criticisms

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

of the Church.

Exhibit 125: January 3, 2000 posting by Armstrong in which he makes comments regarding

another poster's version of what occurred within the Church after Mr. Hubbard's death.

Exhibit 126: January 4, 2000 posting by Armstrong stating that he would never embrace

destroying Scientology as it is an impossibility and commenting on what he believes are the goals

of Scientology.

Exhibit 127: January 5, 2000 posting by Armstrong continuing derogatory comments about

Scientology.

Exhibit 128: January 5, 2000 posting by Armstrong about psychiatrists and the handling of

psychotic people, including accusations regarding Scientology practices.

Exhibit 129: January 6, 2000 posting by Armstrong in which he discusses "stalking" and

that he kept a big sign in his storefront window "Is Scientology Stalking You?"

Exhibit 130: January 6, 2000 posting by Armstrong referencing Lisa McPherson Trust and

how Scientology is trying to destroy it.

Exhibit 131: January 16, 2000 posting by Armstrong in which he re-posts the mission

statement for the "Lisa McPherson Trust," and affirms his agreement with this anti-Scientology

statement.

Exhibit 132: January 19, 2000 posting by Armstrong responding to a posting by Rod Keller

regarding the Church's facility in Clearwater, Florida.

Exhibit 133: January 19, 2000 posting by Armstrong in which he states that "Freedom of

religion includes the freedom to condemn all of Scientology."

Exhibit 134: January 24, 2000 posting by Armstrong regarding an affidavit filed in a suit

against the Church.

Exhibit 135: January 29, 2000 posting by Armstrong containing derogatory statements and

accusations about the Church.

Exhibit 136: January 29, 2000 posting by Armstrong claiming that he used to be a liar

when he was a Scientologist.

Exhibit 137: January 30, 2000 posting by Armstrong in which he discusses serving a

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

lawsuit on a senior Church executive.

Exhibit 138: February 19, 2000 posting by Armstrong talking about a position he held

when he was a Church staff member.

Exhibit 139: March 20, 2000 posting by Armstrong to Keith Henson about his legal case

with the Church and how Armstrong was prevented from testifying for Henson. He says he

believes "that Judge Whyte is crooked in some way" and "should have found a way to bar

Scientology from his courtroom."

Exhibit 140: April 16, 2000 posting by Armstrong about going to protest at a Scientology

event.

Exhibit 141: May 4, 2000 posting by Armstrong continuing various accusations about the Church.

Exhibit 142: July 10, 2000 posting by Armstrong in response to another about his

settlement agreement which he calls a "gag 'contract'".

Exhibit 143: July 11, 2000 posting by Armstrong in response to another in which he makes

derogatory allegations about Scientologists.

8. TRIAL LENGTH ESTIMATE

Plaintiff estimates that the trial will require less than 1/2 a day.

April 2, 2004.

Respectfully submitted:

WILSON CAMPILONGO LLP

By: [signed]

Andrew H. Wilson
Attorney for Plaintiff,
CHURCH OF SCIENTOLOGY
INTERNATIONAL

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

PROOF OF SERVICE

I, the undersigned, declare:

I am employed in the County of Marin, State of California. I am over the age of 18 and not
a party to the within action; my business address is 475 Gate 5 Road, Suite 212, Sausalito,
California 94965.

On April 2, 2004 I served the foregoing document(s) described as follows:

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE

STATEMENT

on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes
addressed as stated on the attached service list, as follows:

BY U.S. MAIL:

XX BY FEDERAL EXPRESS OR OVERNIGHT COURIER

BY HAND DELIVERY

Gerald Armstrong
1UP-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada

Executed on April 2, 2004, at Sausalito, California

XX (State) I declare under penalty of perjury under the laws of the State of California that the

above is true and correct.

(Federal) I declare that I am employed in the office of a member of the bar of this Court at

whose direction the service was made.

Angela Parker
(Type or Print Name)

[signed] Angela Parker
(Signature)

CHURCH OF SCIENTOLOGY INTERNATIONAL'S ISSUE CONFERENCE STATEMENT

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