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)




  RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation, Plaintiff,
                                       v.
                   H. Keith HENSON, an individual, Defendant.
                            No. C-96-20271-RMW (EAI).
                 United States District Court, N.D. California.
                                 April 22, 1996.
  Thomas R. Hogan, Law Offices of Thomas R. Hogan, San Jose, CA, Roger M.
 Milgrim, William M. Hart, Paul, Hastings, Janofsky & Walker, New York City,
 Helena K. Kobrin, North Hollywood, CA, for plaintiff Religious Technology
 Center.
  H. Keith Henson, San Jose, CA, pro se.
            ORDER ON "MOTION TO DISMISS" (MOTION TO DISQUALIFY JUDGE)

  WHYTE, District Judge:
  *1 Defendant H. Keith Henson filed a "motion to dismiss" which is actually
 a motion to disqualify the undersigned. The motion is supported by an
 "affidavit" which contains no jurat. In any event, the motion is brought under
 28 U.S.C. Section 455 but fails to set forth facts which, if true, would
 call for recusal. Although defendant states that "Judge Ronald M. Whyte or his
 clerk are likely to be called as material witnesses in the above numbered and
 entitled cause," defendant's factual basis for that conclusion is totally
 insufficient. The fact that defendant may have presented a letter dated March
 26, 1996 to the court's clerk following a hearing in a related case does not
 mean that the undersigned or his clerk "are likely to be called as material
 witnesses." The motion to disqualify is, therefore, denied.

End of file...