Amended Scheduling Order for Additional Depositions re, David Miscavige and Others



IN THE UNITED STATES DISTRICT COURT

	FOR THE DISTRICT OF COLORADO

Civil Action No. 95-K-2143

RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation; 

and BRIDGE PUBLICATIONS, INC., a California non-profit 

corporation,

		Plaintiffs,

V.

F.A.C.T.NET, INC., a Colorado corporation; LAWRENCE WOLLERSHEIM, 

an individual; and ROBERT PENNY, an individual,

		Defendants.

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	DEFENDANTS' MOTION TO AMEND THE SCHEDULING ORDER

	HEREIN AND TO COMPEL THE DEPOSITION OF

	DAVID MISCAVIGE

	[F.R.Civ.P. 16(b)]

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	COME NOW the Defendants F.A.C.T.Net, Inc. and Lawrence 

Wollersheim, by and through their respective counsel of record, 

Musick, Peeler & Garrett LLP, Hagenbaugh & Murphy and Beem & Mann 

P.C., and pursuant to Rule 16(b) of the Federal Rules of Civil 

Procedure, request this Court for orders to (1) modify the 

scheduling order herein to permit additional discovery; and 

(2) compel the immediate deposition of David Miscavige, and as 

grounds therefor, state as follows:

	This request to modify the Scheduling Order is made pursuant 

to Rule 16(b) of the Federal Rules of Civil Procedure, upon a 

showing of good cause, and upon the grounds that further 

discovery is essential to Defendants' opposition to BPI's renewed 

motion for summary judgment and preparation for trial herein.  

Specifically, Defendants need a modification to the scheduling 

order to pursue further discovery with respect to, at the very 

least, the following:

		1.	when and whether the various works at issue were 

published;

		2.	the identity of the author(s) of the various works 

at issue;

		3.	the circumstances and procedures surrounding the 

purported copyrighting of any of the various works at issue;

		4.	the circumstances surrounding the assignment and 

transfers of rights and claims by any and all persons in 

connection with any of the various works at issue, including 

L. Ron Hubbard's purported assignment of the works at issue;

		5.	BPI's previous release of Defendants from the 

conduct alleged in BPI's Motion;

		6.	the actual number of the various works at issue;

		7.	how the allegedly infringing works were uploaded 

on to Defendants' Bulletin Board in the first place; and

		8.	the fact of and extent of, revisions being made to 

any of the various works it issue.

	In connection with this discovery, Defendants intend to 

depose, at the very least, David Miscavige, Norman Starkey, Mary 

Sue Hubbard, Patricia Brice, Pat Broeker, Robert F. Lewis, Esq. 

and Jana Lubert, Esq.

	The request for an order compelling the immediate deposition 

of David Miscavige is made upon a showing of good cause herein 

and upon the ground that he is a unique and percipient witness to 

most of the matters at issue herein and that the parties have 

engaged in extensive "meet and confer" communications regarding 

said deposition for the past eight months as required by Local 

Rule 30.1A.

	Finally, this request is not made for purposes of delay, 

will not prejudice any party herein and will serve to further the 

interests of justice.

	This request is based upon this Notice, the attached 

Memorandum of Points and Authorities, the concurrently filed 

Declarations of Graham E. Berry and exhibits thereto, Lawrence D. 

Wollersheim and exhibits therein, Patricia Fisher and Vaughn 

Young and exhibits therein, the concurrently filed copy of Ex 

Parte Petition to stay proceedings [in the L. Ron Hubbard probate 

case], supporting Declaration of Graham E. Berry and exhibits 

thereto, the concurrently filed F.R.Civ.P. Rule 56(f) Motion and 

Supporting Declaration of Graham E. Berry, all pleadings and 

papers on file in this action, and upon such matters as properly 

may be presented to the Court on this request.

BEEM & MANN, P.C.

By____________________________

  Clifford L. Beem, #917

  Attorneys for Defendants -

	F.A.C.T.Net, Inc. and

	Lawrence Wollersheim

  One Norwest Center - Suite 3901

  1700 Lincoln Street

  Denver, Colorado  80203

  (303) 894-8100

MUSICK, PEELER & GARRETT, LLP

  Graham E. Berry

  Attorneys for Defendant

	F.A.C.T.Net, Inc. 

  One Wilshire Boulevard

  21st Floor

  Los Angeles, California  90017

  (213) 629-7700

HAGENBAUGH & MURPHY

  Daniel A. Leipold

  Attorneys for Defendant

  701 S. Parker Street

  Suite 8200

  Orange, California  92668

  (714) 835-5406

 

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