OPERATION CLAMBAKE: SCIENTOLOGY COURT FILES

Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)




    Church of Scientology of California, a non-profit corporation, Plaintiff
                                       v.
     Internal Revenue Service, Donald C. Alexander, Commissioner of Internal
    Revenue, Department of the Treasury of the United States, William Simon,
           Secretary of the Treasury of the United States, Defendants.
                                No. CV74-3465-RJK
                 United States District Court;  C.D. California.
                                    12/12/74

  KELLEHER, District Judge.
  Findings of Fact and Conclusions of Law Re:  Denial of Plaintiff's Motion for
                 Order to Show Cause and Preliminary Injunction
  *1 Plaintiff filed a motion for an order to show cause re:  preliminary
 injunction requiring the Defendants to produce immediately for inspection and
 copying any and all records of the Internal Revenue Service relating or
 pertaining to the activities, operation or conduct of the Church of Scientology
 of California, indexed under the name of Scientology, Church of Scientology, or
 Church of Scientology of California.  In support of its motion Plaintiff
 submitted a memorandum of points and authorities and the affidavit of Reverend
 James C. Mulligan.  Thereafter, Defendants filed their opposition to
 Plaintiff's motion.
  The matter came on for hearing before this Court on December 2, 1974, at 10:00
 A. M.  Appearing for Plaintiff was Joel Kreiner, Attorney At Law.  Appearing on
 behalf of the Defendants was Assistant United States Attorney Arthur M.
 Greenwald.
  The Court, having considered the contents of the pleadings, memoranda and
 affidavit filed, as well as the arguments of counsel, makes the following
 findings of fact and conclusions of law, as required by Rule 52(a) of the
 Federal Rules of Civil Procedure:
                                Findings of Fact
  1. On November 26, 1974, Plaintiff filed a complaint entitled, "Verified
 Complaint for Injunction Against the Unlawful Withholding of Records and for
 Order for Production of Records Pursuant to Section 552 of Title 5, United
 States Code, the Freedom of Information Act".
  2. On November 26, 1974, Plaintiff filed a motion for an order to show cause
 re:  preliminary injunction to enjoin withholding of records and compel
 production of records with supporting memorandum of points and authorities and
 affidavit of the Reverend James C. Mulligan.
  3. On November 27, 1974, Defendants filed their opposition to Plaintiff's
 motion.
  4. This Court considers Plaintiff's motion as one requesting a preliminary
 injunction requiring the Defendants to produce immediately for inspection and
 copying any and all records of the Internal Revenue Service relating or
 pertaining to the activities, operation or conduct of the Church of Scientology
 of California, indexed under the name of Scientology, Church of Scientology, or
 Church of Scientology of California.
                               Conclusions of Law
  1. This Court has jurisdiction over these proceedings in accordance with
 Section 552 (a)(3) of Title 5, United States Code and Rule 65(a) of the
 Federal Rules of Civil Procedure.
  2. Plaintiff has failed to make a clear showing of probable success upon trial
 and possible irreparable harm;  therefore, the injunctive relief requested
 cannot be granted.  Checker Motor Corp. v. Chrysler Corp., 405 F. 2d 319,
 323 (2d Cir. 1969);  Dymo Industries, Inc. v. Tapeprinter, Inc., 326 F. 2d
 141 (9th Cir. 1964).
  3. Defendants shall be permitted to answer or otherwise respond to Plaintiff's
 complaint within 60 days after service of a copy of summons and complaint in
 accordance with Rule 12(a) of the Federal Rules of Civil Procedure.
  4. Plaintiff's request for a preliminary injunction is denied without
 prejudice.

End of file...