NO. C2013-1082B

MONIQUE RATHBUN § IN THE DISTRICT COURT § v. § 207

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 JUDICIAL DISTRICT § DAVID MISCAVIGE, RELIGIOUS § TECHNOLOGY CENTER, CHURCH § OF SCIENTOLOGY INTERNATIONAL, § STEVEN GREGORY SLOAT, AND § MONTY DRAKE § COMAL COUNTY, TEXAS

DEFENDANT CHURCH OF SCIENTOLOGY

INTERNATIONAL’S

 MOTION TO

DISQUALIFY PLAINTIFF’S COUNSEL

 

TO THE HONORABLE JUDGE OF SAID COURT: Defendant Church of Scientology

International (“CSI”) requests, in the interest of

 justice, that this Court disqualify counsel for Plaintiff, Ray Jeffrey and A. Dannette Mitchell, Jeffrey & Mitchell, P.C.; Marc F. Wiegand, The Wiegand Law Firm, P.C.; and Elliott S. Cappuccio, Pulman Cappuccio Pullen & Benson, LLP, from further representation of Plaintiff Monique Rathbun for improperly using confidential and attorney client privileged information in violation of Texas Disciplinary Rules and law. This unethical conduct is all the more ser 

ious because Plaintiff’s counsel were the

subject of a similar motion to disqualify in a recent action in San Patricio County which

was settled before the motion was heard and decided. Plaintiff’s counsel have chosen to

ignore that prior notice and history, thus committing knowing and intentional violations of the Disciplinary Rules to seek an unethical and prohibited advantage. In support of this motion, this Defendant shows as follows: 1. The Plaintiff initially filed suit against five Defendants (David Miscavige, Religious Technology Center, Church of Scientology International, Steven Gregory

 

210069/0002137-24575

 2 Sloat, and Monty Drake) alleging that they had intentionally inflicted emotional distress on her, had tortiously interfered with her contract of employment, and had invaded her  privacy. 2. On August 23, 2013, Defendants David Miscavige and Religious Technology Center filed Special Appearances challenging the jurisdiction of Texas courts over their persons. On September 4, 2013, in response to those Special Appearances, counsel for Plaintiff filed a First Amended Petition, asserting without change the

Plaintiff’s alleged causes of action, but adding:

 1) Two new Defendants (California residents Dave Lubow and Ed Bryan); 2) Inserting 21 new paragraphs (numbered 16-36) under the section

heading “Additional Jurisdictional Facts”; and

 3) Attached a 9-

 page Affidavit of the Plaintiff’s husband, Mark “Marty” Rathbun.

 3. The 21 paragraphs comprising the

“Additional Jurisdictional Facts” are

largely a re-cycled versi

on of the false allegations previously advanced by the Plaintiff’s

same attorneys in the suit they filed against Defendants David Miscavige, Religious Technology Center, and this Defendant in Cause No. S-12-5645CV-C,

 Paul Marrick, et al v. Religious Technology Center, et al 

, in the 343

rd

 Judicial District Court of San Patricio County, Texas, approximately one year ago. In addition to being false, those allegations are legally unavailing as will be clearly demonstrated at the hearing on the Special Appearances.

 

210069/0002137-24575

 3 4. For purposes of this motion, the Court is requested to focus on the third

change incorporated into the Plaintiff’s First Amended Petition in this case— 

the

Affidavit of the Plaintiff’s husband, Mark “Marty” Rathbun which was attached to the

amended pleading. 5. Mark Rathbun is a former member and official of the Church of Scientology who was relieved of his duties in 2003 for gross misconduct. Since leaving the Church in 2004, he has embarked on a full-time campaign of attacks against the Church and David Miscavige, the ecclesiastical leader of the Scientology religion -- the very person who relieved Mr. Rathbun of his duties. 6.

The Affidavit of Mark Rathbun filed by Plaintiff’s counsel as an attachment to the Plaintiff’s First Amended Petitio

n purports to establish that torts allegedly

committed against Mark Rathbun’s wife, the Plaintiff, could not have occurred unless

Defendants Religious Technology Center and David Miscavige had approved them. In his efforts to convince this Court of that claim, Mark Rathbun betrays the fiduciary duties he owes to his former employer and eagerly and deliberately broadcasts his corrupted and false version of its confidential and privileged information. 7.

According to paragraph 25 of Mark Rathbun’s affidavit, he “oversaw every aspect” of litigation involving David Miscavige for “22 years, from 1982 to 2004”.

8.

According to paragraph 26 of the affidavit, “For more than 20 years” he “directed … criminal and civil legal matters” on behalf of a division of th

is Defendant. 9. In paragraphs 31 to 36 of his affidavit, Mark Rathbun repeatedly discloses information which is facially and overtly attorney-client privileged. The alleged