Everyone with an interest in this is probably already aware of the fact of the court order issued yesterday in the Baxter/Paris human trafficking lawsuit in Tampa. You can read the full order from Magistrate Judge Julie S. Sneed here: Order declaring Miscavige served
I wanted to have this document recorded here at my blog even though this is not new news and Aaron Smith-Levin put it on his YouTube channel and Tony Ortega put it up on his substack yesterday.
I have a few comments about this and some excerpts from the ruling that I feel are worthy of note.
First, this was a fairly predictable outcome as the plaintiff’s lawyers followed the rules exactly as to how you go about serving someone who is avoiding service of process. It took a LOT of time and effort and other plaintiff’s counsel have not been so diligent or persistent.
Second, while this is a major accomplishment, it is a small step in the overall scheme of things with respect to this lawsuit. The war of attrition and seeking to exhaust the plaintiffs time, money, patience and resolve is just beginning.
I would expect that Miscavige will make an effort to have this ruling overturned by the Judge in the case, claiming the Magistrate was in error. This will be more wasting of time and money, which is the overarching strategy scientology employs in these cases. Once there is no avenue left to try to vacate this order, he will then have to respond in some fashion.
Still pending is the effort to get the whole case shunted to “religious arbitration” and he will be joining in that motion and if that does not success he will file motions to dismiss the case on various grounds, but the ruling of the Magistrate is going to give him some problems in that regard as he will seek to get rid of the case without requiring he be deposed. There is a lot of legal mumbo-jumbo entailed in this, but he and his lawyers will NOT be happy that the Magistrate made many findings that the plaintiffs HAD alleged sufficient facts to tie Miscavige to the case.
Here is the paragraph that summarizes the entire matter:
This is some of the language Captain Miscavige is definitely not going to like. He tries to avoid the authority he has in the Sea Org as the undisputed head — the Magistrate judge understood what the plaintiffs said. Often this gets lost and confused when scientology plays word games, but not this time.
She also picked out the most important parts of the plaintiff’s argument about IAS:
Yeah… this didn’t go over well.
Another of the key findings that plaints have alleged things in their complaint:
This one shoots down Miscavige’s argument — and it’s not a good look….
The declarations of McShane and Heller were unavailing, of course. They had to tip-toe and circumvent the inconvenient reality of the activities and control of Miscavige. One the one hand they had to pretend to the court that he is uninvolved and has no idea what is going on, but they could not state this outright as it would be undermined by his public statements and activities, but more importantly, it would contradict the image that he portrays to the scientology world of being THE MAN. It’s why every “success story” thanks him — he does EVERYTHING in scientology. It’s what keeps him in power.
The Judge didn’t buy it…
Not a good day for those in the world of Mr. Mickiewicz. I recount in my book how he came unglued when a judge in Tampa ruled that he was going to remain a defendant in the Lisa McPherson civil case at the end of 1999. It was, to use one of Dan Sherman’s favorite words, a watershed moment in the descent of Miscavige into become a complete sociopath.
Anonymous says
Finally!! A good day for the right side of history. This could be remembered in a few years as the moment that started to change everything. David isn’t the only member of Scientology playing the “I don’t live here, I live somewhere else” shell game. Let’s just say that. How long before this effects them as well. This could also change the status for his other related lawsuits. I wonder if any other wavering members will wake up and smell the roses. COB isn’t as untouchable as they would be led to believe. Florida’s decision also feels like the honeymoon might be waning with elected conservatives in the state, tolerating the Cult.
Flag’s Firefighter says
Hip hip hooray!
Hip hip hooray!
Hip hip hooray!
🎼 The sun’s about to set 🎶
🎼 The sun’s about to set 🎶
🎼 The sun’s about to set for scientology! 🎶
🎼 Thank you for listening… 🎶
Peridot says
My remarks here are meant to be taken half-snark, half-serious: Who is Chairman of the Board David Miscavige ethics officer?
Why has this person not had David read the Condition definitions in a new unit of time, select the correct Condition, apply the steps, plus write up a full Overts & Withholds disclosure of all the bad things he has done to the group, to individuals within it, and to the legal systems of countries that are after him? Namely, do an O/W write up on any area where he is “pulling in” unwished for, contra-survival things (aka “motivators”).
For any of us Former-Ins, did we not all do the above steps hundreds of times? I mean, goodness, if this was me while still in, I would be ordered (and I would comply) with O/W write up, meter checks, application of Condition formulas, doing major Amends, having my Liability Formula steps reviewed and signed by group members.
In this latest quagmire, why not do as LRH says to do — Apply Standard Scientology?
You see why I say — My remarks here are half-snark, but too… they are half-serious. Why does not he do these things? Why are they not, as a management team, asking themselves (and answering the question): “What did we do to pull these things in?”
(small lol) From an exterior point of view, it seems so obvious.
scooter says
This is another big step in the downfall of the kult. Please don’t think this is some minor glitch that Dwarfen Malevolence will sidestep with the billions at His fingertips. Even if He does, it lays out an even roadmap taken to get Him served again and with a even better result next time.
I had an epiphany after a few years of activism here in Oz that nothing “we” did here would really actually bring down the kult of Hubbardism – only the US justice system could do that. So every time I see a court in ‘Merca hand down another slap to Slappy I cheer. It is the way “we” win imo.
L Ron Hubbard says
Oh, my little David Miscavige, how does it feel being served?
Howie Spinner says
Did you ever see that Twilight Zone episode called, “How to Serve Man”?
It was about some aliens that landed on earth and had this book titled, “How to Serve Man”.
The foolish earthlings thought the aliens came to act as our servants and serve us to keep us in the lap of luxury. But the truth was that the book was a cookbook and the aliens came to fatten up the foolish humans so they could cook exotic and tasty meals with human flesh at the center of their meals – especially featuring the flesh of Mr. Pipsqueak.
I wonder if we could somehow find a way to invite Mr. Pipsqueak to some deserted island where he could be prepared to be served to the alien population.
After all, it is rumoured that cruelty in a living creature creates a most delectable flavor when cooking their corpse. It is rumored that Mr. Pipsqueak will prove to be extremely tasty and all those balloons we have shot down actually contain spices and pots and pans to best prepare him for the coming feast. It promises to be a most memorable affair – and NO REGES!!!
Personally, I really don’t care if we all do have to sample a little bit of Miscaviage a la Fois de Gras to get rid of this cult for once and for all. It would be worth it. Even if we all have to puke it up afterwards.
Don’t ‘cha think?
James Rosso says
How To Cook
How To Cook Humans
How To Cook For Humans
How To Cook Forty Humans
How To Cook For Forty Humans
Shocked and hurt, Kang and Kodos take their leave as Lisa’s suspicious nature screws up a good thing.
Komodo Dragon says
very minor point, but the title is “To Serve Man”. Such a great episode.
Linear13 says
Mickiewicz can not pull the old ‘I have no idea how Scientology runs’ BS. As the de facto head of the organization his paw prints are everywhere. There is NO board of directors…no EXEC STRATA…and if he tries to pull out of his hat some poor SO people and try to say they are the ‘Board of Directors’ or some such they will be slaughtered. God forbid he drag what’s left of the Exec Strata out of whatever hole he has them in. Remember what Mike looked like in the Sweeney documentary right before he jumped ship. Like a survivor of a holocaust. Plus if I were Mickiewicz I would be afraid of dragging those poor Exec Strata guys out because one or more may jump ship right there in the court room. I know I would.
So Mickies dug himself a nice tight hole. His lawyers will try to dig him out but there’s irrefutable proof all over the net that he IS without a doubt THE MAN. I wonder how long it will take his lawyers to try to convince him to pull the ‘David Miscavige’ website that is literally stuffed with videos of ‘parishioners’ professing their undying love for the MAN and stating over and over that he single handedly runs Scientology. Of course even if they pull the site the videos are out there. Thousands of them. Tom Crooze saluting his master. Every award given out to whales have Mickie in the pix. Every bogus medal handed out…all handed out by Mickie himself. Oh and the disgraced General giving Mickie the Bolivian Marching Powder Medal or wtf ever it was. Great picture though DM.
It’s going to be a long battle but it’s fun watching pieces fall off one by one…until nothings left.
If this shows up twice MODs please delete…it seems like my posts vanish from time to time.
Steve R says
So he has to respond, but all he will do is bog down absolutely everything in objections and stalling tactics to drain the resources of the complainants, until they give up.
Linear13 says
Mickiewicz can not pull the old ‘I have no idea how Scientology runs’ BS. As the de facto head of the organization his paw prints are everywhere. There is NO board of directors…no EXEC STRATA…and if he tries to pull out of his hat some poor SO people and try to say they are the ‘Board of Directors’ or some such they will be slaughtered. God forbid he drag what’s left of the Exec Strata out of whatever hole he has them in. Remember what Mike looked like in the Sweeney documentary right before he jumped ship. Like a survivor of a holocaust. Plus if I were Mickiewicz I would be afraid of dragging those poor Exec Strata guys out because one or more may jump ship right there in the court room. I know I would.
So Mickies dug himself a nice tight hole. His lawyers will try to dig him out but there’s irrefutable proof all over the net that he IS without a doubt THE MAN. I wonder how long it will take his lawyers to try to convince him to pull the ‘David Miscavige’ website that is literally stuffed with videos of ‘parishioners’ professing their undying love for the MAN and stating over and over that he single handedly runs Scientology. Of course even if they pull the site the videos are out there. Thousands of them. Tom Crooze saluting his master. Every award given out to whales have Mickie in the pix. Every bogus medal handed out…all handed out by Mickie himself. Oh and the disgraced General giving Mickie the Bolivian Marching Powder Medal or wtf ever it was. Great picture though DM.
It’s going to be a long battle but it’s fun watching pieces fall off one by one…until nothings left.
Jane Standen Bolton says
Love, love, LOVE the first YouTube video Mike! If it’s relevant to the post like today, and it’s possible to get the timings right to put out both please consider adding it to the blog post so we can read and then listen to your thoughts, and also perhaps create/add a section in the sidebar for ‘latest video’ with it embedded so you can get it and play straight from the homepage. Hopefully it’s possible to do easily enough as it’s a pretty basic WordPress setup. Congrats on the getting the youtube going and thanks for all you do!
Mick says
…And I thought the sinking of the Titanic was big news.
Make sure someone gets a few photo of when he passes through the courtroom doors so you can really see how TINY and SHORT he really is.
I bet he gets told he can’t go on the carnival rides.
Does he need a BOOSTER SEAT for his chair?
Someone should have one delivered if he ever appears.
Now I would pay to see his reaction.
Tiffany says
I would die laughing if someone did that!!
nomnom says
These are key statements by the judge as it relates to the IRS Tax exemption.
The exemption was granted with particular conditions, including that Mr. Mickiewicz is not involved in management and RTC is not involved in the day to day activities of the organization.
When was the last time ED Int or any Int Management exec was at an event or ribbon pulling or anything?
Scicrit says
It may be a small victory and, yes, Scientology will apply a money-no-object scorched earth policy to every stage.
However, it is a victory which makes it slightly easier for new litigants and limits Scientology’s freedom to manoeuvre just a little more.
As time passes, they are being forced in to a corner – and facing other challenges like collapsing membership.
The CofS isn’t going to collapse tomorrow – but the trend is clear and irreversible.
Howie Spinner says
Well said!
WWW : Wisdom of the Wog World says
Its a Final Count Down
Still it can be reversed , go to isolation, away from Wogs world,to midwest and start farming (including dairy and poultry) and apply the tech given in Harry Poter.
It’s not me ,it’s written on the wall.
Ruth says
One step forward!
safetyguy says
May the remainder of the steps be down hill. If you know what I mean.
Mary says
I can’t recall if anyone has attempted to sue them based on racketeering (rico?)? They certainly seem to act in ways not dissimilar to criminal rackets. Certainly there has been money laundering. Of course, in US they have the “religion” protection which is what hampers everything. All Scientologists know that the arbitration isn’t related to arbitration at all and none if the arbitrators have any training in real arbitration. What we can say is they have the money to buy the best lawyers who will twist the truth any way they can. For decades I thought CoS was an ethical group, but it has all the characteristics of a criminal enterprise.
Alcoboy says
Let the games begin.
Lili R says
I really appreciated you pointing out specific parts of the judgment and your opinion about it. It really helped personalize and make legal documents which I usually ignore very interesting.
Ammo Alamo says
The “personal pecuniary benefit” of Miscavige is mentioned at least twice, maybe more. In my lay mind this amounts to enurement, that pilfering of the monies gathered under the not-for-profit tax exemption that got the tax exemption rescinded back when Hubbard was in the driver’s seat.
Am I dreaming? Or is this the first of the several steps needed to claim Miscavige is practicing enurement to a significant level, the enurement that should result in rescinding the current not-for-profit tax exemption that Miscavige once crowed covered each and every corporate element within the Scientology?
We will really know the Emperor has no clothes, if that tax exemption fades away due to Miscavige’s personal enurement of cherch funds.
Joe Pendletom says
Mike, by my own creed, a being is only so valuable as he can serve others …
Welcome to Flow One Davey …🤣🤣🤣🤣
Mary Kahn says
Mmm. Mmm. Mmmmmmm.
Wonderful words by this magistrate.
She certainly gets what Miscavige does as head of the church and for the benefit not only for the church but for Miscavige himself.
Just fun to read. I know it’s not over but a long shot but her words and of course ultimately ruling warmed the cockles of my heart
Howie Spinner says
How long do you think it will take before he is brought into court – if he ever is brought to court?
What is the maximum amount of time he could delay this process?
Also, what is the maximum amount of money he would be willing to spend to prevent it? Is there in fact any limit at all?
otherles says
He’ll likely have the Regges do the fundraising for him.
Howie Spinner says
Did you ever see the movie, “The Boys from Brazil”?
He really should give his scientists a cutting of his hair so they can grow a clone of him.
That way they could serve the clone and even imprison the clone while leaving the tiny monster free to ravage and savage his tiny world.
Just my Opinion.
GL says
To protect and shield himself: millions springs easily to mind.
safetyguy says
Here is my question and it needs to be addressed by the lawyers:
It says that they “recruit and employ Sea Org. members to work on its crew.” That would make them employers. If they are employers and have a place of work here in the US their work place would fall under the law of OSHA. If they do fall under OSHA then they must comply with all of the OSHA requirements of safety for the work place.
I understand the voluntary thing but remember, as a worker, I volunteer to work for my employer for a paycheck. As long as my employer and I agree to the amount of pay and the level of pay meets US Government requirements they are fine. However, that voluntary part does not keep them from having to comply with OSHA requirements.
Some of the conditions and things that are written on Sea Org work do not meet OSHA requirements. No where near. I know a bit about OSHA requirements because that is my business. Making sure that the company I work for is complying with these requirements. Its what I do. I have read a lot about what the Sea Org does and how it does what it does and they in no fashion or form comply with OSHA.
Just a thought on who is covered by OSHA, one of the biggest offenders of OSHA in the past 10 years is the US Postal Service. A government agency. If they don’t leave themselves out I doubt they will leave The Sea Org or Scientology out either.
Just a thought.
PickAnotherID says
When I was younger I volunteered with Habitat for Humanity and a working farm operated by the National Park Service. In both cases volunteers were required to comply with all OSHA rules and regulations regarding safety on the job.
Volunteers working for a “Religion” do not get to ignore those rules. The problem with $cientology is getting someone to report any violations.
safetyguy says
Would be nice to have OSHA do a compliance audit on them too. “Hi, I am a Compliance Officer with OSHA. Here is my badge. I am here to do a complete audit of you premises.
Have fun with that one corn cob!
safetyguy says
This is a case regarding my point.
https://www.osha.gov/news/newsreleases/national/01262023-1
Xenos says
I’ve done a course on all that stuff and was once the health and safety delegate in my job but in Australia therefore the law differs. What in your opinion are they doing which doesn’t comply ? Hours worked? Amount of breaks??
safetyguy says
Working conditions, putting people in places that would be considered a Permit Required Confined Space. I would believe they could be cited for a lot.
Most of my training came at the OSHA Training Institute at Georgia Tech University.
Go into any one of their buildings where they have Sea Org working and ask for their SDS Book. Every chemical in that place has to have its Safety Data Sheet in that book and it has to be available to every employee in the building.
Just to name a few. There are others.
Ellanorah Wilson says
Happy – Happy – HaPpY DaNcE!