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Case 8:13-cv-00220-JDW-TBM

Document 135

Filed 10/22/14

Page 1 of 3 PageID 2997

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMP A DIVISION

LUIS A. GARCIA SAZ , and wife , MARIA

DEL ROCIO BURGOS GARCIA

,

Plaintiffs ,

vs .

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION , INC. , and CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION , INC. ,

Defendants.

__ ____________________________

________!

Case No . 8 : 13-CV-220-T27 TBM

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 attorne y s, hereby file this response to Defendants ' Motion to

Strike Affidavit of 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 whatsoe ver that he received any

information from any attorney or from any other person. Defendants are , in effect , re arguing

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 contrary, he is stating what he knows of his own knowledge without reliance on an yone

Case 8:13-cv-00220-JDW-TBM

Document 135

Filed 10/22/14

Page 2 of 3 PageID 2998

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 of

Professional Conduct by paying a fact witness for testifying are not only wholly devoid of

factual support but in any context outside litigation would be libel per se. There is not a scintilla

of evidence that Mr. Rinder has been paid for his testimony or for anything related to his

affidavit.

5 . Remarkably, the absence of any factual support for the filing the Motion did not

keep the Defendants from precariously impugning the character of undersigned counsel in stating

that he paid a non-expert witness to testify in violation of the rules of professional conduct.

Nothing could be further from the truth and , if necessary , the undersigned will testify that there

has not been a dime paid or even charged by Mike Rinder for his testimony.

  • 6. It 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 of sanctions for its unscrupulous purpose. The Motion should be

denied.

CERTIFICATE OF SERVICE

We hereby certify that,

on October 22 , 2014, we electronically filed the foregoing

document with the Clerk of 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 of 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 of Electronic Filings .

Case 8:13-cv-00220-JDW-TBM

Document 135

Filed 10/22/14

Page 3 of 3 PageID 2999

ore Babbitt, Esq. Bar No : 091146 Johnson Osborne & LeClainche , P.A.

Florida

Babbitt

1641 Worthington Road, Suite 100 West Palm Beach, FL 33409

Phone: 561-684-2500 Fax: 561-684-6308 tedbabbitt @ babbitt-johnson.com

F. Wallace Pope , Jr. , Esq. FBN 124449 Johnson Pope Bokor Ruppel & Bums , LLP

Nathan M. Berman , Esq. FBN 329230 E-mail: nberman @ zuckerman.com Lee Fugate, Esq.

911

Chestnut Street

Clearwater , FL 33757 Phone: (727) 461-1818 Fax: (727) 462-0365 E-mail : w a llyp @ ip firm.com Counsel for Flag Church & Ship Church

Of Counsel :

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

Eric Lieberman Rabinowitz , Boudin , Standard , Krinsky & Lieberman , P.C. Suite 1700 45 Broadway

Tampa, FL 33602 Phone: (813) 221-1010 Fax: (813)223-7961 Counsel for Church of Scientology Religious Trust

New York , NY (212) 254-1111

10006

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: mtom ass i@ tr enam .com Counsel for lAS Administrations , Inc. And U.S. lAS Members Trust