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.

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)]

COME NOW the defendants, F.A.C.T.Net, Inc., and Lawrence Wollersheim, by and through their counsel of record, BEEM & MANN, P.C., and pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, request this Court for 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 System in the first place; and

8. the fact of, and extent of, revisions being made to any of the various works at 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 Declaration of Graham E. Berry, all pleadings and paper on file in this action, and upon such other 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

CERTIFICATE OF SERVICE

I hereby certify that on this _____ day of February, 1997, I mailed a true and correct copy of the foregoing DEFENDANTS' REQUEST FOR CONTINUANCE OF MOTION OF PLAINTIFF BRIDGE PUBLICATIONS, INC. FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS FOR COPYRIGHT INFRINGEMENT to counsel of record, by placing same in the United States Mail, postage prepaid, properly addressed as follows:

Todd P. Blakely, Esq. Elliot J. Abelson, Esq.

John R. Posthumus, Esq. SIMKE, CHODOS, SILBERFELD

Robert R. Brunelli, Esq. & ANTEAU, INC.

SHERIDAN ROSS, P.C. 6300 Wilshire Blvd., #9000

1700 Lincoln Street, Suite 3500 Los Angeles, California 90048

Denver, Colorado 80203

Helena K. Kobrin, Esq. Graham E. Berry, Esq.

7629 Fulton Avenue MUSICK, PEELER & GARRETT

North Hollywood, California 91605 One Wilshire Boulevard

Los Angeles, California 90017

Earle C. Cooley, Esq.

COOLEY, MANION, MOORE & JONES, P.C. Daniel A. Leipold, Esq.

21 Custom House Street HAGENBAUGH & MURPHY

Boston, Massachusetts 02110 701 South Parker Street, #8200

Orange, California 92868

Jeffrey A. Chase, Esq.

Ann B. Frick, Esq. Mr. Lawrence Wollersheim

JACOBS CHASE FRICK c/o F.A.C.T.Net, Inc.

KLEINKOPF & KELLEY LLC 999 West Moorhead Circle, B

1050 - 17th Street, Suite 1500 Ignacio, COlorado 80303

Denver, Colorado 80265

Michael H. Berger, Esq.

Scot M. Peterson, Esq.

WALDBAUM, CORN, KOFF, BERGER

& COHEN, P.C.

303 East 17th Avenue, Suite 940

Denver, Colorado 80203

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