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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMP A DIVISION LUIS
A
GARCIA SAZ, and wife, MARIA DEL ROCIO BURGOS GARCIA, Case No. 8:13-CV-220-T27 TBM Plaintiffs, vs. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., and CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION, INC., Defendants.
__________________________
 
PLAINTIFFS RESPONSE TO MOTION TO STRKE AFFIDAVIT OF MIKE RINDER
Plaintiffs, LUIS
A
GARCIA SAZ and wife MARIA DEL ROCIO BURGOS GARCIA, by and through their undersigned attorneys, hereby file this response to Defendants' Motion to Strike Affidavit
o
Mike Rinder (the Motion ) [D.E. 134] and state:
1.
The Motion
is
without merit. 2. Defendants' allegations regarding Mr. Rinder' s knowledge being based upon confidential, proprietary or legal communications have no basis in fact. Mr. Rinder testified concerning his personal knowledge, and there is no evidence whatsoever that he received any information from any attorney or from any other person. Defendants are, in effect, rearguing their Motion for Disqualification, which this Court denied. That motion contained ad hominem allegations against counsel, and this Motion inexplicably does the same. 3. There is no evidence that Mr. Rinder has repeated confidential communications. To the contrar
y
he is stating what he knows
o
his own knowledge without reliance on anyone
Case 8:13-cv-00220-JDW-TBM Document 135 Filed 10/22/14 Page 1 of 3 PageID 2997
 
else s information or beliefs. Mr. Rinder s status in this case, as consultant, is well known
to
the Court and not a secret. The Defendants position that Mr. Rinder should not be permitted
to
participate
in
this case was rejected by this Court in the Motion to Disqualify. Nothing has changed since the Court s ruling. Defendants argument should be rejected now as well.
4
Defendants allegations stating that the undersigned counsel violated the Rules
o
Professional Conduct by paying a fact witness for testifying are not only wholly devoid
o
factual support but
in
any context outside litigation would be libel per
se
There is not a scintilla
o
evidence that Mr. Rinder has been paid for his testimony or for anything related to his affidavit. 5. Remarkably, the absence
o
any factual support for the filing the Motion did not keep the Defendants from precariously impugning the character
o
undersigned counsel
in
stating that he paid a non-expert witness
to
testify
in
violation
o
the rules
o
professional conduct. Nothing could be further from the truth and,
i
necessary, the undersigned will testify that there has not been a dime paid or even charged by Mike Rinder for his testimony.
6
t
is sad, indeed, that Defendants have chosen
to
attack both counsel and the witness without a good faith basis for making these allegations. Conduct like this should be not be condoned and is worthy only
o
sanctions for its unscrupulous purpose. The Motion should be denied.
CERTIFIC TE OF SERVICE
We hereby certify that, on October
22
, 2014, we electronically filed the foregoing document with the Clerk
o
the Court using CM/ECF. We also certify that the foregoing document is being served this day on all counsel or pro se parties identified below in the manner specified, either via transmission ofNotices
o
Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized
to
receive electronically Notices
o
Electronic Filings.
Case 8:13-cv-00220-JDW-TBM Document 135 Filed 10/22/14 Page 2 of 3 PageID 2998
 
F
Wallace Pope, Jr., Esq. FBN 124449 Johnson Pope Bokor Ruppel Bums, LLP
911
Chestnut Street Clearwater, FL 33757 Phone: (727) 461-1818 Fax: (727) 462-0365 E-mail: wallyp@
ip
firm.com Counsel for Flag Church Ship Church
f
Counsel: Eric Lieberman ore Babbitt, Esq. Florida Bar No: 091146 Babbitt Johnson Osborne LeClainche, P.A.
1641
Worthington Road, Suite 100 West Palm Beach, FL 33409 Phone: 561-684-2500 Fax: 561-684-6308 tedbabbitt@babbitt-johnson.com Nathan
M
Berman, Esq. FBN 329230 E-mail: nberman@zuckerman.com Lee Fugate, Esq. FBN 170928 E-mail: lfugate@zuckerman.com Jack
E
Fernandez, Esq. FBN 843751 E-mail: jfemandez@zuckerman.com Mamie V. Wise, Esq. FBN 65570 E-mail: mwise@zuckerman.com Zuckerman Spaeder, LLP
101
E
Kennedy Blvd., Suite 1200 Tampa, FL 33602 Rabinowitz, Boudin, Standard, Krinsky Lieberman, P.C. Phone: (813) 221-1010 Fax: (813)223-7961 Suite 1700
45
Broadway New York, NY 1 0006 (212) 254-1111 Marie Tomassi, Esq. FBN 772062 Trenam Kember Scharf Barkin Frye O Neill Mullis, P.A. Bank
of
America Building 200 Central A venue, Suite 1600 St. Petersburg, FL 33701 Phone: (727) 820-3952 Fax: (727) 820-3972 E-mail: mtomassi@trenam.com Counsel for lAS Administrations, Inc. And U.S. lAS Members Trust Counsel for Church
of
Scientology Religious Trust
Case 8:13-cv-00220-JDW-TBM Document 135 Filed 10/22/14 Page 3 of 3 PageID 2999

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