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Ken Dandar v Church of Scientology Flag Covinginton Dismissal Order Feb 2013

Ken Dandar v Church of Scientology Flag Covinginton Dismissal Order Feb 2013

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Published by AnonLover
US District Court ruling granting in part and denying in part Defendants' Motion to Dismiss. This is regarding the Lisa McPherson estate settlement prohibiting him from representing the Kyle Brennan estate.
US District Court ruling granting in part and denying in part Defendants' Motion to Dismiss. This is regarding the Lisa McPherson estate settlement prohibiting him from representing the Kyle Brennan estate.

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Published by: AnonLover on May 24, 2014
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11/09/2014

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KENNAN G. DANDAR and DANDAR & DANDAR, P.A., Plaintiffs, v. Case No. 8:12-cv-2477-T-33EAJ CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., F. WALLACE POPE, JR., JOHNSON POPE BOKOR RUPPEL & BURNS LLP, and DAVID MISCAVIGE, Defendants. _______________________________/
ORDER
This cause comes before the Court in consideration of
Defendants’ Motion to Dismiss (Doc. # 48), filed on January
18, 2013. Plaintiffs filed a response in opposition to the motion on January 31, 2013. (Doc. # 54). For the reasons that follow, the Motion is granted in part and denied in part.
I. Background
Beginning in 1997, Plaintiff Kennan Dandar represented the Estate of Lisa McPherson in a wrongful death action against Defendant Church of Scientology Flag Service Organization in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida. (Doc. # 45 at
 
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22). Dandar alleges that Defendant David Miscavige, who
Dandar describes as “the worldwide supreme leader over all
Scientology entities,
id. at ¶ 19, retained Defendant Johnson Pope Bokor Ruppel & Burns LLP in the McPherson case
“due to [the law firm’s]
 political connections in
Clearwater and Pinellas County.”
 Id. at 24. The presiding judge in the McPherson matter, the Honorable Robert Beach, though not joined as a defendant in this action, is alleged to have conspired with the private Defendants to violate Da
ndar’s “rights under the First,
Fifth, Sixth, and Fourteenth Amendments to the U.S.
Constitution.”
Id. at 79. Dandar claims that Scientology originally
“sought to have Senior Judge Robert
E. Beach appointed to preside over the [McPherson] case by filing motions to disqualify the [original] presiding
judge, the Honorable Susan Schaeffer.”
Id. at ¶ 26. Additionally, Dandar
claims that “while Scientology sought
to disqualify Judge Schaeffer, Judge Beach campaigned to become the presiding judge in the McPherson civil case.
Id. Judge Schaeffer eventually recused herself from the McPherson matter, and the Chief Judge of the state circuit court then assigned Judge Beach to the McPherson case. Id. After Judge Beach had been assigned to the McPherson
 
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case, “Miscavige
[allegedly] order[ed] and [paid] another Scientology counsel to meet ex parte with a state actor . . . Judge Ro
bert Beach, in the McPherson death case.”
Id. at
27. Dandar claims that “Scientology’s counsel, after
meeting many times with Judge Beach ex parte to gather sympathy for Scientology in the wrongful death case, defamed Dandar in his business reputation and goodwill, and pursuant to a game plan previously concocted by . . . Miscavige and Scientology, convinced Judge Beach to contrive a defective and illegal procedure . . . to make the McPherson case go away by simply removing Dandar as counsel for the Est
ate in the wrongful death case.”
Id. at 28. Judge Beach allegedly
“joined in this plan and
agreed to remove Dandar as lead counsel for the McPherson estate.
 Id. Despite having been removed as lead counsel, Dandar appeared at the May 26, 2004, mediation conference scheduled in the McPherson action. Id. at 33. According
to Dandar, “Scientology, through Pope, refused to mediate
the McPherson wrongful death case, and instead insisted on
a ‘global settlement conference’ encompassing not only the
court ordered mediation for the McPherson case, but also the myriad of cases brought by Scientology and related

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