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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 pursuant to the United States Court of Appeals for the Eleventh Circuit’s Opinion issued December 19, 2013 (Doc. # 74), and Mandate issued January 22, 2014 (Doc. # 75). The parties filed their briefs in this matter on February 14, 2014 (Doc. ## 81, 82), and the Court held a hearing on May 19, 2014 (Doc. # 90). In accordance with the Eleventh Circuit’s instruction, the present Order reconsiders the disposition of Counts I and II of Dandar’s second amended complaint in light of Sprint Communications, Inc. v. Jacobs, 134 S. Ct. 584 (2013). For the reasons that follow, the Court finds that abstention remains appropriate.

Case 8:12-cv-02477-VMC-EAJ Document 91 Filed 05/28/14 Page 1 of 50 PageID 1771

I. Background A. The Alleged Conspiracy

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 ¶ 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 Dandar’s “rights under the First, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.” (Id. at ¶ 79). 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 2


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 Estate 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 entities against Dandar, Dell Liebreich, or the estate.” (Id.). During the mediation, “Dandar agreed to a global settlement, releasing any claimhe had against Scientology at that time . . . by executing a Release . . . so that the Estate of Lisa McPherson could go forward with a settlement.” (Id.). Also at the conference, Dandar ultimately signed (though, Dandar insists, not in his individual capacity, but rather as “counsel”) a settlement agreement including a provision the parties refer 3
