Judge: Jane Doe 1 can have ‘limited discovery’ before arbitration showdown
Judge: Jane Doe 1 can have ‘limited discovery’ before arbitration showdown
We’ll have a correspondent in the courtroom today as Jane Doe 1’s forced-marriage lawsuit has a hearing at Los Angeles Superior Court. And in this case, Judge Robert Broadbelt III has already tipped his hand: Last night he issued a tentative ruling showing that he’s going to side with Jane Doe 1.
If you remember, after the lawsuit was unsealed, revealing that Jane Doe 1 was suing Scientology, David Miscavige, and Sea Org recruiter Gavin Potter, Scientology came back with its usual strategy of trying to force the case into “religious arbitration,” this time based on a 2002 contract that Jane Doe 1 signed at the Flag Land Base.
But in a fascinating response, Jane Doe 1’s legal team responded that the contract was highly questionable: She had gone to Flag with her friend Lisa Marie Presley, and she wasn’t really there for services.
Nevertheless, Judge Broadbelt granted Scientology’s request to put the lawsuit on hold until he can hear the arbitration issue in February.
Jane Doe 1’s response was to ask for the right to conduct “limited discovery” between now and then so she can gather more evidence to bolster her contention that she signed the 2002 contract under duress.
In his tentative ruling last night, Judge Broadbelt overruled Scientology’s objections and said he planned to grant Jane Doe 1 some limited ability to gather evidence about the contract.
Plaintiff states that, although she was present when the arbitration agreement was signed, she does not have access to certain of Defendants’ documents to support her claims of fraud, undue influence, and duress. For example, Plaintiff states that she does not have access to “FLAG policies regarding visitors and requiring visitors to sign such documents,” which may aid in her defenses to Defendants’ motion. Thus, the court finds that Plaintiff has shown good cause to grant her leave to conduct arbitration-related discovery.
Assuming the judge doesn’t change his mind in today’s hearing, this is great news for Jane Doe 1, who will have a couple of months to get documents out of Scientology that could help her keep the lawsuit out of arbitration.
We’ll have someone in the court to let us know how much Scientology whines about this decision, and to see if there are descriptions of more specific examples of the kind of discovery Jane Doe 1’s side will be asking for. Exciting stuff.
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Limited Discovery' is a huge kick in the crotch for the Clampire. Now JD1 just has to get the evidence that Miscavige and minions are or will try to hide. Remember how long it took to get Laura Decrescendos PC folders? So what will the defendants next move be? If you selected 'appeal' from your $cieno Bingo Card, you win.
Why is Battle Creek so important to $cientology? I am some what surprised that 20 Clams are willing to have their names publicly associated with $cientology.
Clive Rabey?? "Learn the magic of making your postulates stick"?? Finally, the CO$ admits that it is magic and not science. Where's my eye of newt and caldron?
That the is entirely against the often stated preference of the criminal organisation known as the « church » of $cientology for judges to not allow discussion of any part of its processes, because « church. »
The appeals should go all the way to the Supreme Court. Again.
Good luck to the plaintiffs, and Lovely Work, that judge.