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Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

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

  1. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Basically, yes. Only "recuse," not "withdraw."
  2. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I'm perfectly happy to have been wrong. Merryday has ordered a hearing, per Beach's request, apparently open to the public, for October 12, 2010, at 1:30 pm. [PDF]

    Popcorn sold separately.
  3. BigBeard Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Why do I have the feeling Beach is going to regret getting what he asked for??

    Think I'll pass on the popcorn and go with salsa and nacho chips for this one.

    BigBeard
  4. Triumph Member

  5. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It's judge vs. judge in battle over Scientology lawyer - St. Petersburg Times
    This kind of cloud?

    pompeii.jpg

    /shakes tiny fist at Triumph!
  6. Anonymous Member

  7. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I like the comment, it pretty much says that they are responsible for a couple of deaths.
  8. Jeff Jacobsen Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Anybody going to the hearing? It would be nice to have an inside reporter; who is in court, what the mood is, etc.
  9. Triumph Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Diamonddiddle..added 3 more posts..still on an anti-psyche rant..

    predictable:-you can set your watch by their crazy
  10. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So in the present day what “church” calls individuals who question their doctrine enemies?
  11. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Enough with the derail, on with the speculation...

    Beach will probably lose his temper in court, start shouting, not stop, and be fined for contempt by Merryday...
  12. Sponge Member

  13. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Four hours after the hearing was due to start...

    Wonder if it's dragging on, or the media are just being slow...
  14. Sponge Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    He was delayed...
    judgebeach08260834901c.jpg
  15. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Okay, I don't quite know what went on in the hearing, which lasted 35 minutes according to the clerk's minutes, but the upshot is that the injunction was revised [PDF here] ever so slightly, which modification does not include any clarification as to whether Beach may recuse himself from the state case.

    In order to explain the differences between the original and modified injunctions, I'll quote the relevant section of both, below.

    First, the September 28 Injunction:

    Next, today's [October 12] Injunction, with relevant differences emphasized:

    As I pointed out in a previous post, Beach's argument was as follows:

    The modified injunction specifically addresses Beach's first argument, that he was not a party, by making it unambiguously clear that he considers Beach as having acted "in concert with Scientology or Scientology's counsel" and thus within the ambit of FRCP 65. So I guess today didn't go well for Beach. I do not know whether he actually attended, though the clerk's minutes reflect that Beach's attorney attended.

    The modified order also cured whatever lack of notice deficiency it held simply by providing Beach with a hearing. The other two arguments are not addressed by the modified injunction. I'll keep an eye out for a St. Pete Times article to see if they have any play by play from the hearing.
  16. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    thanks as always, tikk. Any hope of plain English translation?
  17. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thx Tikk.
  18. RightOn Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    ha! thanks!' I didn't want to ask and sound like a dumb ass.
    But a watered down version/conclusion would be great.

    and BTW thanks Tikk!
  19. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Well, I'm going on limited information--the entire story isn't in the papers, which is all I can comment on having not spoken with anyone in attendance. But this much is clear: Merryday denied Beach's request to dissolve the injunction as it applied to him--indeed, Merryday did not so much as modify the injunction as he clarified it so that the manner in which is applied to Beach was unmistakable. The previous injunction only implied that Beach was a "party" to the injunction as defined by Federal Rule of Civil Procedure 65(d) but this clarification states that Beach is a party as a "person or entity acting in concert with Scientology or Scientology's counsel in this action." I don't personally think it was in question that was Merryday's intention in the first injunction, but this leaves the matter beyond any doubt. Unless something happened in the hearing inconsistent with this new injunction, Merryday is hanging Beach out to dry by effectively calling him a whore for Scientology, and not permitting him to recuse himself.
  20. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So Beach said: You can't injunct me! I'm the Judge, not a party in the case.

    And Merryday said: Bullshit! You helped Scientology interfere with my Federal court; you made yourself a party.
  21. Triumph Member

  22. Triumph Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    #$@! &*%!!
    bitchslap.jpg&t=1.jpg
  23. Sponge Member

  24. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So, when's the next whatever?

    Oddly, Merryday doesn't even appear here:

    [NOPARSE]http://www.flmd.uscourts.gov/calendar/calendars.htm[/NOPARSE]
  25. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I believe that a hearing is scheduled today to discuss the Summary Judgment motion, against which, I note, Dandar filed a supplementary response [PDF] to defendants' summary judgment motion. The supplementary response notes a host of conflicting stories and deliberate acts to conceal the Gentiles' post-incident involvement, which argue against finding summary judgment.
  26. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Ok, to sum, Merryday let Beach out of the state case. I do not believe, as the article suggests, that this much was made clear by the modified injunction, but whatever--it's not ultimately necessary that the injunction clarify that Beach be able to recuse himself if Merryday clarified it at the hearing.

    This is obviously good for Dandar down the road because Beach's ruling(s) will have to be revisited at some point in the future, and should Dandar be able to have it/them reversed by a higher court, those higher courts will be remanding the case to a trial court judge other than Beach, who, one could reasonably hope, will be less intent on destroying Dandar on behalf of Scientology.
  27. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Dandar has a sharp mind.
  28. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I luffs Tikkie.
  29. restim Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    delete duplicate post
  30. restim Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    There's another order from Merryday.

    Towards the end, Merryday says "I join Judge Beach in concluding that the injunction, which regards only levies, fines, and the like against Dandar, leaves Judge Beach free to recuse himself in the McPherson action. In ordinary terms, the injunction is a million miles from enjoining His Honor's reported recusal."

    Awesome smackdown of Judge Beach is awesome.
  31. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Okay, I missed this yesterday, or it just arrived on PACER. It's Merryday's Order modifying the injunction [PDF], which is separate from the modified injunction. In it, Merryday clarifies the reason for modifying the injunction, and further clarifies that either injunction permitted Beach to recuse himself. Merryday mostly expounds on the basis for Beach's inclusion under FRCP 65, because he is "in active concert or participation," and later, "in palpable concert" with Scientology. Embarrassing.

    Perhaps more importantly, Merryday affirmatively states that Scientology's actions in state court were designed to secure the dismissal of the Brennan wrongful death suit. Is this a possible basis for an additional cause of action? Hmm.
  32. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    "acting in palpable concert with Scientology" ... " all at the behest of Scientology and all in furtherance of Scientology's federal court litigation objective" ... " an unmistakable episode of Judge Beach's acting 'in active concert or participation with' Scientology"

    Almost sounds like Merryday needs a 1 point infraction for tinfoil :)

    "The phrase "in active concert or participation" in no respect implies any conspiratorial, devious, or insidious intent or design by Judge Beach."

    Awwww :-(
  33. Triumph Member

  34. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Ummm, no, I don't think so. That might have been an unspoken subtext, but I doubt he actually said it or filed anything in print.
  35. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    And here's the Beach order recusing himself [PDF]

    Relevant text:

    It's interesting that he's recused himself only from the Lisa McPherson case and any case involving Ken Dandar, as opposed to instead recusing himself from the case, Dandar, and FLAG, et al. I interpret this to be a tiny act of rebellion on Beach's part given that his conduct that led us to this point has as much to do with him tipping the scales on Scientology's behalf as it does tipping the scales to Dandar's detriment. But whatever--it doesn't matter to the fed court what Beach does so long as he doesn't issue further orders and judgments against Dandar, which, by this recusal order, are no longer a possibility.
  36. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tikk, excuse the derail - do you get access to docs in the Nashville case that Moxon recently applied for [latin thingy] in?
  37. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    By latin thingy I assume you mean pro hoc vice (literally, 'for this occasion'), which is the procedural mechanism by which an out of state/district attorney may practice in a foreign jurisdiction. I'm not sure what you mean by Nashville case though. Pointer?
  38. Anonymous Member

  39. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Is there any chance Judge Beach's shenanigans could cause the McPherson case to be unsealed in the future?
  40. BLiP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thank you tikk

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