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Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

Discussion in 'Leaks & Legal' started by pooks, Jun 24, 2009.

  1. pooks Member

    Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Federal Judge agrees with Ken Dandar


    Judge denies Motions to Dismiss Kyle Brennan Complaint and Strikes Police report Gentiles filed.





    UPDATES:

    Federal court's injunction versus Judge Beach and Scientology.


    See tikk's analysis

    Some court documents can be downloaded from the docket: Case docket: Estate of Kyle Thomas Brennan v. Church of Scientology Flag Service Organization et al


    Sep 28

    Federal judge tells Pinellas judge to back off in Scientology lawsuit - St. Petersburg Times

    Fed judge to state judge: Butt out of Scientology case



    ORDER DENYING MOTION TO DISMISS.pdf

    September 4

    Federal judge suspends state judgment against lawyer in dispute with Scientology - St. Petersburg Times

    September 2

    Plaintiff's Second Emergency Motion for Permanent Injunction -

    September 1

    Lawyer in Scientology case is stuck between state and federal judges - St. Petersburg Times

    Conflicting Rulings Put Lawyer Who Agreed to Stop Suing Scientology ‘in a Pickle’ - News - ABA Journal

    August 31

    Federal Court Order to produce documents in discovery


    __________

  2. Anon-007 Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Epic win!!!!
  3. btwyhad Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    WOW.
    What a week
  4. Anonynamefag Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    And it's only Wednesday, too.
  5. Zak McKracken Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Dear Steven,

    a Merry Day to you, too! <3
  6. mefree Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Great news
  7. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Well done pooks.

    I'm sure I'm not the only one eagerly awaiting the start of this trial.

    Their next move might be a change of venue motion, particularly considering the St. Pete Times expose'.

    It wouldn't be the first time they tried that when facing litigation in Tampa Bay.

    At the very least there should be some juicy dox entered in to the public record.

    But hopefully a little justice for the mother as well.
  8. revdoggy Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Good day all around.
  9. Consensus Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I'm terrible with keeping names and events straight. I almost lazily posted asking for context, but figured I'd do anyone else that doesn't know what the Kyle Brennan complaint is a favor by searching for the thread.

    http://forums.whyweprotest.net/123-leaks-legal/new-lawsuit-kyle-brennan-39488/
  10. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Yup.

    Moar:

    In Memoriam: Scientology Victim Kyle Brennan

    Kyle Brennan

    MySpace.com - Kyle Brennan - 23 - Male - Charlottesville, Virginia - www.myspace.com/kyle_t_brennan
  11. RightOn Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Totally super news.
  12. Shinythings Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    keep em coming!!
  13. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I'm pretty sure the change of venue ship has sailed, this being federal court--if they wanted to file it, they should have done so along with their FRCP 12(b)(6) motion to dismiss; otherwise it's waived pursuant to FRCP 12(h)(1)(B)(i).
  14. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    IANAL, but from what I've read it sounds like you're correct.

    If so that's excellent news.

    And the fact that Judge Merryday is a native Floridian and University of Florida grad can't hurt either.
  15. pooks Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I can not take any credit for it. I am just the bearer of good news.
  16. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Oh, I know where they might find a jury which they might find acceptable:
    23ups1x.jpg
  17. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks Pooks.

    This isn't too surprising. In a motion to dismiss such as this, everything in the complaint is deemed to be true, and the test is merely whether the complaint properly states a claim. The real test will come at the summary judgment level, which Scn et al will file as soon as depositions have been taken and discovery completed.

    Interestingly, the Gentiles are being represented by Lee Fugate, who represented Scientology in the Lisa McPherson case, while Scientology is being represented by Wally Pope, who is one of Scientology's go-to attorneys, and who also represented Scientology in the Lisa McPherson case. I mention this because where there are a multiple defendants of varying degreees of liability, their interests, while aligned for the most part, also diverge to the extent that a finite amount of liability (think of it as a percentage) can be allocated amongst them--i.e., if Denise is found to be more liable, Gerry could therefore be less liable.

    I note too that Thomas Brennan is not listed in PACER as being represented by anyone at this point--only Scientology and the Gentiles filed motions to dismiss. Thoms Brennan apparently no longer lives in Florida, which is why service upon him failed, although the court has extended the time to serve him until September.
  18. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Mods: Can I please request a Kyle Brennan Situation Room?
  19. MongoLloyd Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    That is interesting. I wonder if he's trying to balance out his Karma. Maybe he's working pro-bono?

    Good that it's someone intimately-acquainted with their nasty tricks. I think it's probably fair to assume this whole motion for dismissal was a stall tactic, and they're going to stall this as much as possible to try and run the plaintiffs into the ground, economically.

    Not that that's much of a prediction, it's pretty much what the CoS has done on all their lawsuits.
  20. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I think Denise and Gerry's interests might be better served by an attorney with more distance from Scientology--indeed, they might be better served with different attorneys between the two of them. My guess is that they don't realize this.

    You're right, of course, that they moved to dismiss in order to stall and exhaust, but that doesn't also mean that they file such motions expecting to lose; they take them seriously and often find themselves on top when they probably shouldn't be.
  21. Bob Loblaw Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    My favorite part on the last page:
    "DENIED AS MOOT"


    Scientology: Going The Way Of The Moot Since February 10, 2008
  22. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Remind me to not be a lazy faggot and update the lawcase list.
  23. anon4eva Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Nice find Pooks, the hits keep coming!
  24. AnotherMrPink Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    better ask for more money for IAS Davey. too many court cases.
  25. mojo Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    indeed you are. thx!
  26. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Nope, can't wait. Hopefully she gets some justice for herself and her other two sons and grand kids, all who lost someone that should still be alive. $cientology has been the classless'est? motherfuckers with regards to their comments on her memorial videos on YT for Kyle. I hope she yanks 8 figures from them when all is said and done.
  27. Whanonstler Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Wow, what a crummy week for stats for scifaggotry!

    Excellent.
  28. Lorelei Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation


    O HAI H-T: don't be a lazy faggot. Go update the lawcase list. :p
  29. xenubarb Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Update:

    Tom Brennan was located in northern San Diego County. He was served yesterday. :)
  30. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    do we know if he left clearwater after the suit was filed or before?
  31. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Lovely!!! I wanna dip my balls in it!

    koBJdk6EOmdy9klyf8ffPdzeo1_500.jpg
  32. SuseHartweg Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    gotcha!
  33. AnotherMrPink Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

  34. happy feet Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Just speaking for myself, but it could be months or years until there this case moves on and there is another update to be posted.
  35. TinyDancer Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Precisely. Significance of the post is not why we create a situation room. We do it when there are a large number of threads about a matter and, particularly, when there are a large number at the same time.
  36. LarryBren Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    IMHO this suit as much as any in the world is about why it is important to fight and stop the abuses of organized scientology and it's dangeous practice of medicine/psychology without a license.

    The heart wrenching stories continue and continue throughout the years and yet their strong arm legal tactics and religious cloaking have so far kept them able to continue such dangerous practices.

    IMHO a young man is dead because of Hubbard's INSANE policies against mental health and the rabid followers of same who carried it out.

    As a parent I grieve just thinking of Kyle's mother talking with her son shortly before his death as he told of his father doing courses, selling books, etc. I can feel her panicing as she gets a call from one scientologist warning her to get Kyle off his prescription drugs and then gets a call from Narconon regging her for F _ _ _ ING money and telling her he must get off that prescribed medication. Neither the scientologist who called nor the Narconon representative have the slightest degree of competence in the subject matter of Kyle's problems.

    I feel I can feel her desparation not being there but having to demand to these people that they do not place her son in harm's way by taking away his medication.

    Then, imagine, that next call to his mother telling her of Kyle's death after they took away his prescribed medications anyway.

    Did you know that when the body was found, scientolgists were called first before 911? For damage control? WTF!!!

    IMO one will see just how responsible organized scientology is for this, especially the Flag Service Org. Another light of life is extinguished and another family to that degree destroyed because of the following of highly dangerous policies of organized scientology.

    Yes it is good that Thomas has been served but my heart still breaks for him. It is his "church" and their dangerous policies truly behind this disaster in my opinion.

    This is Why!
  37. xenubarb Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    What I want to know is, which one of those geniuses thought it was a good idea to leave a loaded gun in the room Kyle was using???

    Why was that even done? It makes no sense to take away medication from a depressed person and then place a loaded gun in his room!

    Was it to "prove" to his mother that she should have put him into Narconon?
    Was it to "prove" that "psych drugs" kill?

    I mean, wtf!!!!

    Also, to the question about Tom Brennan leaving CW...I don't know when he left, but there was an address in NYC prior to him showing up out here in Cali.
  38. ntnmf Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    The most ethical fucking people on the planet.
  39. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    served.jpg
  40. re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    One of the 100's of questions any rational person is asking. Another one is how a father could choose a shaddy cult over his own sons well being.

    BIGGEST ONE... why not call 911 first!?!?!?!?

    Before Victoria erased tons of comments from her tribute vid on Youtube, you should have seen the shit $cifaggots wrote about her being a shitty mom and how she was the one responsible for Kyle's death

    "should have been a miscarriage" David Miscaviges bro in law directly involved. Hopefully the FBI is LISTENING AND WATCHING this one.

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