BFG and CSI Judgment Is In

BFG and CSI Judgment Is In

Monday August 10th the judge in the Marc Headley v. CSI case will rule whether or not Headley was an employee or a volunteer of the Sea Org.

[mod]from BVS below - "the summary judgment motion [on employee status] has been reset for September 28."
They will only be ruling on Rule 12 (b) motions "under submission" without a hearing, and the court has up to 90 days within which to hand down its ruling.

Post #165 - sketchy info about the judgment being win posted by Larry Brennan.[/mod]

re: BFG and CSI Judgment Is In

Motion for Summary Adjudication - Fullscreen

Motion for Summary Adjudication - Declaration - Fullscreen

Motion for Summary Adjudication - Memorandum - Fullscreen

re: BFG and CSI Judgment Is In

Brace for Epic

Then brace for the inevitable cult legalfaggotry

Still, WTG BFG!

re: BFG and CSI Judgment Is In

Good luck, Marc!

re: BFG and CSI Judgment Is In

This should be interesting. Is the cult going to contest and try to convince everyone that they should somehow be allowed to eat their cake and still have it?

re: BFG and CSI Judgment Is In

Yeah, the Sea Org forms are just cluttered with "volunteer of the Sea Org" phrases. If you redefined "employee" to mean volunteer. And put employee in the form by your new definition of the word. Right.

re: BFG and CSI Judgment Is In

The Legal Pressidence (sp?) of tomorrow is huge. GOOD LUCK! FIngerbang them!

re: BFG and CSI Judgment Is In

Chiming in with my good luck BFG!

/popcorn

re: BFG and CSI Judgment Is In

Marc, if I lived on the West Coast, I would be there with a foam finger.

I believe I speak for everyone when I say that you have our utmost and total support. Show those cult fuckers the iron, foot-long dick of justice.

re: BFG and CSI Judgment Is In

The dick of justice!

re: BFG and CSI Judgment Is In

Good luck!! I would like to know if you sign a billion year contract "volunteer For the Sea Org" But if you leave you get a freeloader bill?? WTF

re: BFG and CSI Judgment Is In

I may be wrong but possibly what will be ruled on tomorrow is what to do with organized scientology's motions to dismiss the cases.

There were going to be hearings, one earlier in the day on Laura's case and one later in the day on Marc/Claire's cases.

Judges involved late last week decided no hearings Monday.

It is expected that a decision on the motions to dismiss will at least be given on Marc's and Clarie's cases.

It is hoped obviously that it will be a very positive decision. More than that it is hoped that the judge involved will elaborate on the decision in a very positive way.

Possibly the same in Laura's case but it's possible that could be delayed another week or so.

I guess we'll find out tomorrow.

I truly believe it will be positive. Hundreds of hours of work have gone into just these motions and I believe the case should be overwhelming in the plaintiffs' favor.

Just my opinion here but we will see.

ASAIK the positive motions for summary adjudication that Marc, etc. were employees is something that will come up in future weeks. Maybe I am wrong. Again, we'll know soon.

re: BFG and CSI Judgment Is In

I think it would be quite humorous if this turned out unfavorably for headly.

re: BFG and CSI Judgment Is In

And if its not a foot long then fuck them twice. seriously - you are all in my thoughts. Good luck.

re: BFG and CSI Judgment Is In

Summary dismissal?

Moar likely than you think.

Headley Not In Court Monday

I just received word that BFG will not be appearing in court tomorrow. Apparently the judge is going to look at evidence to determine whether or not Marc was a "volunteer." Presumably some of the evidence is forms you fill out when joining the Sea Org which refer to the applicant as an employee.

Shouldn't take long...

re: BFG and CSI Judgment Is In

2/10

re: BFG and CSI Judgment Is In

There are several motions pending. Scientology has moved to dismiss the cases on the theory that the complaint fails to state a legal claim. These motions are contrary to a substantial body of law and will probably be denied. The two courts involved have taken tomorrow's hearings off calender and have deemed the motions "under submission", which means the courts will rule on scientology's motions without a hearing. Summary dismissal is highly unlikely and would be promptly appealed. Scientology's motions were primarily filed to burden and harrass, and/or set the stage for future motions. It is doubtful that even scientology's lawyers expect to have the Headley cases dismissed under Rule 12 (b).

The more important motion is plaintiff's motion for summary adjudication on the "employment" issue. For several reaons, including a transfer of the case to a different judge after the motion was filed, and scientology's claim that they needed more time to oppose the summary adjudication motion, the summary judgment motion has been reset for September 28.

The court has been asked to rule that Marc Headley was an employee of CSI as a matter of law. If he was an employee, he was legally entitled to minimum wage and overtime. That legal position is sound and has considerable support in the law.

The usual defense to a summary judgment motion is an argument that the issue presents a question of fact for the jury, not a question of law for the court. Therefore, if we should lose the summary adjudication motion on the employment issue , that will not mean that we 'lose' the issue. It will probably only mean that we have to fully litigate the
employment' issue.

re: BFG and CSI Judgment Is In

add my voice to the well wishers <3

re: BFG and CSI Judgment Is In

Seems like this is just a summary judgement that has two outcomes..
- He was an employee and not a volunteer or religious worker, like a nun. Case continues like previously and essentially back to square one but in federal court.

- He was not an employee, game over.


I can't see how this is viewed as "very positive". A finding of employee may result in a judge down the road not agreeing with Headley claims or a finding of labor law violations. Why would a judge elaborate, they might just state, I find a labor contract (or a relationship of employer / employee existed.) One sentence, right?

re: BFG and CSI Judgment Is In

If you read up a non internet lawyer just answered this and your interpretation is incorrect.

re: BFG and CSI Judgment Is In

We shall see.. Also both statements are not mutually exclusive.

Re: Headley Not In Court Monday

Marc's declaration (posted above) is evidence.

re: BFG and CSI Judgment Is In

Bracing for.......something......

re: BFG and CSI Judgment Is In

It's a proven fact that judge logic is not OSA logic. How's the TP situation at Big Blue these days? Still stealing rolls from Burger King?

re: BFG and CSI Judgment Is In

re: BFG and CSI Judgment Is In

The issue on the summary adjudication motion is whether the plaintiff satisfies the "economic reality" test of employment. If so, the wage and hour case is essentially over on that issue unless the 9th Circuit reverses the trial court. That is law of the case and potentially "collateral estoppel" against CSI in other and future cases. It is not a return to square one by a long shot. I am not declaring victory, but it would be a major development in the cases.

They could cross-move for a finding of 'volunteer' , but there is litltle or no real support for any such motion. I do not much care if they make such a counter-move. It would be a loser.

As presented, the motion calls for a ruling of employment as a matter of law or , if denied, further litigation of the issue.

Reading the brief may be boring, but it might help avoid misunderstanding the issues.

Under the law, the test of employment for the labor laws looks to whether one is working for a living --even a very modest living--and whether one has a boss that controls the work.
If you are in the sea org workiong for CSI, you are working for the bare necessities of life and your work, hours, and wages are controlled by scientology. That makes one an employee under the labor laws.

Since labor law rights cannot be waived or abridged by employment documents, the purported waivers are legally irrelevant on the 'emp[lyment' issue. The court will not be looking at employment forms to decide whether a worker is an employee.

re: BFG and CSI Judgment Is In

re: BFG and CSI Judgment Is In

Go Get em'.
Best of luck, and well wishes

re: BFG and CSI Judgment Is In

Obvious OSA troll is obvious.

re: BFG and CSI Judgment Is In

while summary adjudication would be awesome, the consequences of such a ruling would put a huge economic burden on the cult. for that reason, i have to imagine a judge would fall back on a jury.

remember, kids: if marc headley was an employee, then they all are and the cult has to start paying current sea org staff minimum wage, never mind the avalanche of lawsuits that will fall on them.

re: BFG and CSI Judgment Is In

re: BFG and CSI Judgment Is In

No.

If a judgment is entered on the issue, then the only way it can be challenged is on appeal. Frankly, they've got Buckley's.

re: BFG and CSI Judgment Is In

Barry, can you just ask a judge why the hell OSA is considered religious workers or even volunteers. Just look at the Ideal Org campaign. They have Sea Ogres that go to a city and set up at that Org and manage fundraising, buying a property, setting up a website. The also have one whole group the produces computer renderings of the fictitious new interior. They draw up plans for the new cubicles / mini rooms and offices from almost identical floorplans from Ideal Org to Ideal Org..

I mean this is a corporation looking into selling books and DVDs.

re: BFG and CSI Judgment Is In

Fingers crossed---Best wishes sent.

Eagerly awaiting word on the results.

re: BFG and CSI Judgment Is In

Good vibes for Marc and Barry!

Xenuspeed, gentlemen!

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Best wishes and blessings, Marc.

re: BFG and CSI Judgment Is In

Good to know. Thanks for the info and updates, Barry.

re: BFG and CSI Judgment Is In

Marc, we're all pulling for you, Claire and Laura. Best of luck!

re: BFG and CSI Judgment Is In

Following with interest.