EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON 03-11-2004

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

Attorney 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. CV021632

EX PARTE APPLICATION FOR ORDER
PERMITTING PLAINTIFF'S LATE
FILING OF RESPONSE TO
DEFENDANT'S OPPOSITION TO
MOTION FOR SUMMARY
JUDGMENT; DECLARATION OF
ANDREW H. WILSON

Date: March 12, 2004
Time: 9:00 a.m.
Dept: L

Complaint Filed: 4/2/02
Summary Judgment Motion Date: 3/16/04
Trial Date: 4/9/04

Plaintiff, Church of Scientology International (hereinafter "Church" or "Plaintiff"), hereby

applies Ex Parte for an order permitting it to file a response to the Opposition of Defendant, Gerald

Armstrong (hereinafter "Armstrong" of "Defendant"), to Motion for Summary Judgment, received

by Plaintiff's counsel on March 8, 2004.

This Application is made on the grounds that because the Opposition was received by

Plaintiff on March 8, 2004, and the reply is due March 11, 2004, leave of court is requested for the

filing of Plaintiff's reply after that date.

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON

This Application is based on this Application itself, the concurrently filed Declaration of

Andrew H. Wilson, the records on file in this case; and such further evidence and argument as may

be properly presented at the hearing of this Application.

Dated: March 11, 2004

Respectfully submitted,

WILSON CAMPILONGO LLP

By: [signed] Andrew H. Wilson

Andrew H. Wilson

Attorney for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON

DECLARATION OF ANDREW H. WILSON

I, ANDREW H. WILSON, declare as follows:

1. My name is Andrew H. Wilson. I am the attorney of record representing the

Plaintiff in the instant action. I have personal knowledge of the documents and underlying facts

surrounding said documents as stated herein and could competently testify thereto if called as a

witness herein.

2. On March 8, 2004, I received the Opposition of Defendant Gerry Armstrong to

Motion for Summary Judgment; Defendant's Separate Statement of Disputed and Undisputed Facts

and Supporting Evidence in Opposition to Motion for Summary Judgment; and Declaration of

Defendant Gerry Armstrong in Support of Opposition to Motion for Summary Judgement;

Separate Statement.

3. As a result of not receiving Defendant's opposition paper's until March 8, 2004,

Plaintiff has determined that it will be unable to prepare a reply by the due date of March 11, 2004,

and requested that it be permitted to file reply papers no later than March 15, 2004.

4. On March 10, 2004, I prepared and emailed a letter to Defendant, advising him of

my intention to file an Ex Parte Motion requesting additional time to file Plaintiff's reply. Mr.

Armstrong replied, requesting that I email him the brief, which I agreed to do. Attached hereto and

incorporated herein as Exhibit "A" are true and correct copies of these communications.

I declare under penalty of perjury pursuant to the laws of the State of California that the

foregoing is true and correct. Executed this 11th day of March 2004, at Sausalito, California.

_____________________________
Andrew H. Wilson

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON

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 March 11, 2004, I served the foregoing document(s) described as follows:

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING
OF RESPONSE TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY
JUDGMENT; DECLARATION OF ANDREW H. WILSON

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:

XX 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 March 11, 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)

________________________________________
(Signature)

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON

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