CAUSE NO.

C-2013-1082B MONIQUE RATHBUN

v.
DAVID MISCAVIGE, RELIGIOUS TECHNOLOGY CENTER, CHURCH OF SCIENTOLOGY INTERNATIONAL, STEVEN GREGORY SLOAT, AND MONTY DRAKE

IN THE DISTRICT COURT 207TH JUDICIAL DISTRICT

COMAL COUNTY, TEXAS

MRS. RATHBUN'S MOTION TO COMPEL DISCOVERY AND FOR CONTINUANCE OF SPECIAL APPEARANCE HEARING

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Plaintiff, Monique Rathbun, and files her motion to compel and for continuance, and in support thereof, shows the Court as follows:
MOTION TO COMPEL
I.

Two defendants, David Miscavige and Religious Technology Center ("RTC"),

have filed special appearances to challenge the personal jurisdiction of Texas courts over them. They based their claim of insufficient Texas contacts on the affidavits/declarations of David Miscavige and Warren McShane of RTC. In response, Mrs. Rathbun promptly noticed the depositions of several defendants (including David Miscavige) and moved to continue the special appearance hearing. The Court granted a continuance to allow for jurisdictional discovery. The defendants objected to the deposition of David Miscavige. The Court then suggested an "incremental approach" to the jurisdictional discovery, and requested that the parties agree on an initial discovery plan. After completion of the initial discovery, any party requiring additional

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discovery could request such from the Court. In order to allow for adequate preparation on the important jurisdictional issues, Mrs. Rathbun seeks additional discovery, as discussed below.
Deposition of David Miscavige "I am visible and I testify" - Capt. David Miscavige

2.

Captain David Miscavige has filed a sworn declaration with his blanket denial of

involvement with the facts of this case, or with the State of Texas in general (except for one visit to open a Scientology facility in Dallas). In contrast, Mrs. Rathbun has filed the affidavit of her husband, who worked closely with Capt. Miscavige. Mr. Rathbun' s affidavit disputes Capt. Miscavige's declaration, and provides evidence that Capt. Miscavige had significant contacts with the State of Texas and that he secretly micromanages Scientology operations such as the operation made the basis of this suit. The Defendants objected to Mrs. Rathbun' s initial request for the deposition of Capt. Miscavige, and suggested that the evidence sought from Capt. Miscavige could be obtained by taking the depositions of corporate representatives of Church of Scientology International ("CSI") and RTC. Those depositions have now been taken, and the corporate representatives demonstrated very little direct or indirect knowledge of Capt. Miscavige's activities. 3. Allan Cartwright, CSI's Director of Legal Affairs, testified that he works in an

office in Los Angeles. Capt. Miscavige has a little-used office on a different floor in the same Los Angeles building. Capt. Miscavige's office is not staffed full time, and Mr. Cartwright rarely sees, speaks, or communicates with Capt. Miscavige. In fact, Mr. Cartwright could not even say where Capt. Miscavige's principal office is located. Other than blanket denials of Capt. Miscavige's involvement in Scientology's day-to-day affairs, Mr. Cartwright could offer no specifics concerning Capt. Miscavige's activities.
Motion to Compel and Continuance of Special Appearance Hearing Page 2

4.

Warren McShane's lack of personal knowledge of Capt. Miscavige's activities

was even more remarkable than that of Mr. Cartwright. Although Mr. Mc Shane is the President, CEO, and Inspector General of RTC, and Capt. Miscavige is Chairman of the Board of Directors of RTC, their lack of personal interaction is significant. They work in the same building, but on different floors. They see each other sporadically when Capt. Miscavige is not traveling. Capt. Miscavige travels often, however. For example, in late November, 2013, Mr. McShane testified in deposition that Capt. Miscavige has been in Florida since March of this year. During that time (approximately 8 months), Mr. Mc Shane has seen Capt. Miscavige once, he has had two telephone conversations with him, he has attended an undetermined number of conference calls with him, and he has received no email or text messages from him. 5. Neither Mr. Cartwright nor Mr. McShane are in a position to testify reliably

concerning Capt. Miscavige's involvement or lack of involvement in Texas activities. Only Capt. Miscavige can testify as to his involvement in the particular facts and circumstances of this case, or in Texas generally. Capt. Miscavige is seeking dismissal of this suit against him, and he has the burden of proving the alleged lack of jurisdiction over him. It would be procedurally and substantively unfair to make Mrs. Rathbun respond to this motion without being able to question his factual basis for the motion. As Capt. Miscavige proclaimed in his sworn declaration in the federal case of Fishman, et al v. Church of Scientology International, "I am visible and I testify." There is nothing inappropriate about having him testify concerning his activities relating to this case and to his claim that this Court has no jurisdiction over him.

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Production of Documents "IF IT ISN'T WRITTEN, IT ISN'T TRUE." - L. Ron Hubbard

6.

Scientology's fixed corporate policy requires a zealous commitment to the

creation and preservation of records. Scientology corporate policy is found in "HCO Policy Letters." All Scientology corporate staff are taught "If it is not in an HCO Policy Letter it is not policy." ( HCO Policy Letter, 3/5/65) This policy discourages phone calls because they leave no record of what was said. (HCO Policy Letter, 5/26/65). Written methods of communication are preferred, because "[t]hen we can find out what happened." (Id.). According to corporate policy, when the telephone must be used, "keep very close notes of any phone call so others can see what was said." (HCO Policy Letter, 11/15/74). All orders given by Scientology executives must be in writing. (HCO Policy Letter, 5/1/65). In fact, if an executive fails to put his order in writing, his subordinate may report this breach of policy to the Ethics Office. (HCO Policy Order, 5/1/65). 7. CSI, RTC, and Capt. Miscavige have responded to Mrs. Rathbun's document

requests with a flurry of objections, evasions, and a paltry sampling of carefully selected documents. The responses and the documents actually produced will be offered into evidence at the hearing on this motion. The Defendants' operation against Mrs. Rathbun and her husband has been conducted for nearly five years, involving dozens of agents, and hundreds of thousands of dollars, and they have not produced one operational document. They have produced no operational emails, orders, reports, photographs, videotapes, memos, telephone notes, telephone records, travel records, etc. Instead, they have produced mostly documents created to obscure their true involvement in this Texas operation. The Defendants should be ordered by the Court to

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make a full and complete production of documents before Mrs. Rathbun must respond to their challenge to the jurisdiction of Texas.
MOTION FOR CONTINUANCE

8.

The inadequacy of the Defendants' production of witnesses and documents in the

initial phase of "incremental discovery" requires that Capt. Miscavige appear for deposition, and that full and complete document production be made before the Defendants' special appearance is heard. The trial court may permit a continuance so that the opposing party may obtain necessary discovery.
PRAYER

WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that these motions be granted, that Capt. David Miscavige be ordered to appear for deposition, and that the Defendants be ordered to make full and complete production of documents, and for such and further relief to which she may be justly entitled at law or in equity. Respectfully submitted,

ay Jeffr State Bar Number 1 A. Dannette Mitchell State Bar Number 24039061 2631 Bulverde Road, Suite 105 Bulverde, TX 78163 (830) 438-8935 (830) 438-4958 (Facsimile)
rjeffrev1@,s jmlawyers.com dmitchell i7il,sjmlawvers.com

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THE WIEGAND LAW FIRM, P.C.

Marc F. Wiegand State Bar No. 21431300 434 N. Loop 1604 West, Suite 2201 San Antonio, Texas 78232 (210) 998-3289
marc(uhviegand lawfi rm.com

PULMAN CAPPUCCIO PULLEN & BENSON, LLP\

Elliott S. Cappuccio State Bar No. 24008419 2161 N.W. Military Hwy., #400 San Antonio, Texas 78213 (210) 222-9494 (210) 892-1610 (Facsimile)
ecappucciouimu lmanlaw. com

ATTORNEYS FOR MONIQUE RATHBUN CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forward via facsimile to the following cz:~ of record in this cause in accordance with the Texas Rules of Civil Procedure on this the day of December, 2013: Lamont A. Jefferson HA YNES & BOONE, LLP 112 E. Pecan Street, Suite 1200 San Antonio, Texas 78205-1540 J. Iris Gibson HA YNES & BOONE, LLP 600 Congress Ave. , Suite 1300 Austin, Texas 78701 Les J. Strieber III DA VIS CEDILLO & MENDOZA, INC. McCombs Plaza, Suite 500 755 E. Mulberry Avenue San Antonio, Texas 78212
George H. Spencer, Jr. Clemens & Spencer 112 E. Pecan St., Suite 1300 San Antonio, Texas 78205-153 l
Via Facsimile (210) 554-0413

Via Facsimile (512) 867-8650

Via Facsimile (210) 822-1151

Via Facsimile (210) 227-0732

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Jonathan H. Hull REAGAN BURRUS 401 Main Plaza, Suite 200 New Braunfels, Texas 78130
0. Paul Dunagan SARLES & OUIMET 370 Founders Square 900 Jackson Street Dallas, Texas 75202

Via Facsimile (830) 625-4433

Via Facsimile (214) 573-6306

Bert H. Deixler KENDALL BRILL & KLEIGER LLP 10100 Santa Monica Blvd., Suite 1725 Los Angeles, CA 90067

Via Facsimile (310) 556-2705

Stephanie S. Bascon Via Facsimile (830) 221-3441 LAW OFFICE OF STEPHANIE S. BASCON PLLC 297 W. San Antonio St. New Braunfels, TX 78130 Steve Wingard SCOTT, DOUGLASS & MCCONNICO, LLP 600 Congress Avenue, Suite 1500 Austin, TX 78701-3234 Via Facsimile (512) 474-0731

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