N
O
. 15-0966
I
N THE
T
EXAS
S
UPREME
C
OURT
S
TEVEN
G
REGORY
S
LOAT
, E
D
B
RYAN
, C
HURCH OF
S
CIENTOLOGY
I
NTERNATIONAL
, D
AVID
J. L
UBOW
A
ND
M
ONTY
D
RAKE
, P
ETITIONERS V
. M
ONIQUE
R
ATHBUN
, R
ESPONDENT
On Petition for Review from the Texas Court of Appeals, Third District, at Austin Cause No. 03-14-00199-CV
U
NOPPOSED
M
OTION FOR
L
IMITED
L
IFT OF
S
TAY
Monique Rathbun
in pro se
files this Unopposed Motion for Limited Lift of Stay, and in support thereof would respectfully show the Court as follows:
FILED
15-0966
4/27/2016 12:15:27 PM
tex-10330912
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
1.
I wish to move to dismiss the complaint in the 207
th
District Court that the instant Petition for Review proceeding is based upon, rendering the Petition moot. While performing their retreat strategy from this lawsuit my former lawyers made two things abundantly clear to me: a) my lawsuit is not worth it financially for former counsel or anyone to continue to litigate, and b) my husband and I have effectively achieved the primary purpose that the lawsuit was originally intended to serve by our own independent efforts. It is a travesty that the statute (Texas Citizens Participation Act) designed to prevent suppression of the rights to speech, association and petition has been used to delay remedy for violations of those very rights in this case for two and one-half years. However, resolving the issues presented in the instant Petition for Review would do nothing to correct the statute’s vulnerability to manipulation that effectively vitiates the Texas Constitution’s Open Courts Policy. Furthermore, the defects in the complaint that Petitioners seized upon to create inordinate delay in this case were included by former counsel over my strong objections. As pled by former counsel the operative complaint serves as fodder for considerable future motion and appellate practice for scientology lawyers, as it has so served to date. I do not have the resources, the time, nor the motivation to litigate in the Supreme Court of Texas against scientology’s army of lawyers in the defense of errors made by attorneys who subordinated my wishes in favor of interests inimical to my own. Consequently, I believe it would best serve justice, judicial economy and the public interest to voluntarily terminate my lawsuit.
2.
This case is on interlocutory appeal pursuant to sections 27.003 and 51.14
of the Texas Civil Practice and Remedies Code. Pursuant to section 51.014(b), proceedings in the trial court are currently stayed, including proceedings against Defendants other than Petitioners herein. Accordingly, I request that the Court lift the section 51.014(b) stay for the limited purpose of allowing me to move to dismiss my lawsuit in the 207
th
District Court. This request for a limited lifting of the stay is not sought for purposes of delay, but so that justice may be served. Counsel for Petitioners have communicated to me that should I note their taking exception to my characterizations of Petitioners and the TCPA, they do not oppose this motion. WHEREFORE, I ask that this Motion be granted and that the Court lift the stay imposed by section 51.014 of the Texas Civil Practice and Remedies Code for the limited purpose of allowing me to file and have heard a motion to dismiss my complaint in the trial court. Respectfully submitted,
Monique Rathbun
By:
/s/ Monique Rathbun
Monique Rathbun,
in propia persona