Request for more time A


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' REQUEST FOR CONTINUANCE OF MOTION OF

	PLAINTIFF BRIDGE PUBLICATIONS, INC. FOR SUMMARY JUDGMENT

	AGAINST ALL DEFENDANTS FOR COPYRIGHT INFRINGEMENT

	[Fed.R.Civ.P. 56(f)]

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

Wollersheim, by and through their counsel, BEEM & MANN, P.C., and 

pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, 

request this Court for orders to either (1) strike the renewed 

summary judgment motion of Plaintiff Bridge Publications, Inc.; 

or (2) a continuance of the motion for summary judgment filed by 

plaintiff Bridge Publications, Inc., ("BPI"), and as grounds 

therefore, state as follows:

	This Request is made pursuant to Rule 56(f) of the Federal 

Rules of Civil Procedure on the grounds that further discovery is 

vital to Defendants' Opposition to BPI's Motion.  Specifically, 

Defendants need a continuance in 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.

	Further discovery on these issues is likely to establish 

controverting evidence as to material facts contained in BPI's 

motion.  Moreover, Defendants have not been able to discover this 

information previously, despite Defendants' best efforts.  

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 & Authorities, the concurrently filed 

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

Wollersheim, Patricia Fisher and Vaughn Young, the concurrently 

filed Motion to Amend the Scheduling Order herein and to compel 

the deposition of David Miscavige and Memorandum of Points and 

Authorities in Support Thereof, 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, 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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