NOTICE
OF
ACCELERATED
APPEAL
BY
DEFENDANT CHURCH
OF
SCIENTOLOGY
INTERNATIONAL
(AND
NOTICE
OF
STAY) Page 1
CAUSE NO. C-2013-1082B MONIQUE RATHBUN Plaintiff, v. DAVID MISCAVIGE, RELIGIOUS TECHNOLOGY CENTER, CHURCH OF SCIENTOLOGY INTERNATIONAL, STEVEN GREGORY SLOAT, MONTY DRAKE, DAVE LUBOW, A/K/A DAVID J. LABOW, and ED BRYAN, Defendants. §§§§§§§§§§§§§IN THE DISTRICT COURT 207
TH
JUDICIAL DISTRICT COMAL COUNTY, TEXAS
NOTICE OF ACCELERATED APPEAL BY DEFENDANT CHURCH OF SCIENTOLOGY INTERNATIONAL (AND NOTICE OF STAY)
Pursuant to Rules 25.1, 26.1 and 28 of the Texas Rules of Appellate Procedure and Texas Civil Practice and Remedies Code § 51.014(a)(12), Defendant Church of Scientology International hereby gives notice that it desires to appeal from: 1. The Trial Court’s Order titled ANTI-SLAPP MOTIONS OF ALL DEFENDANTS FINDINGS OF FACT AND CONCLUSIONS OF LAW & RULING DENYING ALL ANTI-SLAPP MOTIONS TO DISMISS signed in this case on March 14, 2014 and filed with the 433rd Judicial District Court of Comal County, Texas on March 14, 2014; 2. The Trial Court’s Order on Defendant Church of Scientology International’s Objections to Evidence Filed in Support of Plaintiff’s First Amended Response to Defendant’s Anti-SLAPP Motion to Dismiss (including the rulings reflected in the attachments to it) signed on or about March 18, 2014 and filed with the 433rd Judicial District Court of Comal County, Texas on or about March 18, 2014; 3. The Trial Court’s Order on Plaintiff’s Objections to Evidence Submitted by Defendants in Support of Anti-SLAPP Motions (including the rulings reflected in the
Diana Alaniz
FILED
C2013-1082B
4/2/2014 3:04:32 PM
Kathy Faulkner
Comal County
District Clerk
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INTERNATIONAL
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attachments to it) signed on or about March 19, 2014 and filed with the 433rd Judicial District Court of Comal County, Texas on or about March 19, 2014; 4. The Trial Court’s Order on Defendant Monty Drake’s Objections to Plaintiff’s Purported Evidence Against Him (including the rulings reflected in the attachments to it) signed on or about March 19, 2014 and filed with the 433rd Judicial District Court of Comal County, Texas on or about March 19, 2014; 5. Any and all other adverse rulings to Church of Scientology International. Copies of the Trial Court’s Orders appealed from are attached. This case is styled as shown above,
Monique Rathbun v. David Miscavige, Religious Technology Center, Church of Scientology International, Steven Gregory Sloat, Monty Drake
,
Dave Lubow,
a/k/a
David J. Labow, and Ed Bryan
, Cause No. C-2013-1082B in the 207th Judicial District Court of Comal County, Texas. The party adverse to Appellant is Plaintiff Monique Rathbun. This is an accelerated appeal from an interlocutory order denying a motion to dismiss under the Anti-SLAPP statute, Texas Civil Practice and Remedies Code § 27.008(b). This is not an appeal in a parental-termination case or child-protection case. Pursuant to section 51.014(b) of the Texas Civil Practice and Remedies Code, all proceedings in the trial court are stayed pending resolution of the appeal. The appeal is taken to the Third Court of Appeals at Austin, Texas. An electronic copy of this notice is being filed with the Third Court of Appeals in conjunction with a $175.00 filing fee.
NOTICE
OF
ACCELERATED
APPEAL
BY
DEFENDANT CHURCH
OF
SCIENTOLOGY
INTERNATIONAL
(AND
NOTICE
OF
STAY) Page 3
Respectfully submitted,
DAVIS, CEDILLO & MENDOZA, INC.
McCombs Plaza, Suite 500 755 E. Mulberry Avenue San Antonio, Texas 78212 Telephone: (210) 822-6666 Telecopier: (210) 822-1151 /s/
Ricardo G. Cedillo
RICARDO G. CEDILLO State Bar No. 04043600 LES J. STRIEBER III State Bar No. 19398000 ISAAC J. HURON State Bar No. 24032447 AND GEORGE H. SPENCER, JR. State Bar No. 18921001 CLEMENS & SPENCER 112 E. Pecan Street, Suite 1300 San Antonio, Texas 78205-1531 Telephone: (210) 227-7121 Facsimile: (210) 227-0732 AND THOMAS S. LEATHERBURY State Bar No. 12095275 MARC A. FULLER State Bar No. 24032210 VINSON & ELKINS L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (214) 220-7792 Facsimile: (214) 999-7792
Attorneys for Defendant Church of Scientology International
