From leeh@rain.org Thu Feb 16 01:06:05 1995 Subject: More on the raid on Erlich Date: 15 F

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From leeh@rain.org Thu Feb 16 01:06:05 1995 From: leeh@rain.org () Newsgroups: alt.religion.scientology Subject: More on the raid on Erlich Date: 15 Feb 1995 09:51:19 GMT Organization: RAIN Public Access Internet (805) 967-RAIN NNTP-Posting-Host: coyote.rain.org X-Newsreader: TIN [version 1.2 PL2] This is the order by the Judge to the Federal Clerk to issue the seizure order against Erlich. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) Case No. C-95 20091 RMW California non-profit corporation; ) and BRIDGE PUBLICATIONS, INC., a ) California non-profit corporation; ) ) ORDER TO CLERK TO ISSUE Plaintiffs, ) WRIT FOR SEIZURE OF ) ARTICLES INFRINGING vs. ) STATUTORY COPYRIGHT ) NETCOM ON-LINE COMMUNICATION ) SERVICES, INC., a Delaware ) corporation; DENNIS ERLICH, an ) individual; and TOM KLEMESTRUD, an ) individual, dba CLEARWOOD DATA ) SERVICES, ) ) Defendants. ) ___________________________________) Upon application of plaintiffs RELIGIOUS TECHNOLOGY CENTER ("RTC"), and BRIDGE PUBLICATIONS, INC. ("BPI") and the Court having read and considered the Verified Complaint for Injunctive Relief And Damages For: (1) Copyright Infringement (Literary Works); (2) Trade Secret Misappropriation (Cal. Civ. Code S3426.1) (hereinafter "The Complaint"), the declarations of Warren McShane, Marilyn Pisani, Thomas M. Small and Helena K. Kobrin submitted in support of the request for a Write of Seizure, and the Memorandum of Points and Authorities, and the Court Having approved plaintiffs' bond, and good cause appearing therefor, IT IS ORDERED THAT: 1. The Clear of the Court issue a Writ directed to the United States Marshal or one or more of the Marshal's deputies if available and/or other law enforcement officers assisted by attorneys or agents of plaintiff (Marshal) commanding the Marshal forthwith to seize and deliver to the custody of counsel for plaintiffs the articles identified in Paragraph 2 below infringing the copyrights in the literary works of L. Ron Hubbard. 2. The Writ so issued by the Clerk of this Court to the Marshal shall direct the Marshal to seize, using such force as may be reasonably necessary in the premises, the following articles and things which the Marshal may then or otherwise thereafter find on the person, in the possession, or under the control of defendant Dennis Erlich ("Erlich") and/or defendant's agents and persons acting in concert with defendant, at 747 Luton Drive, Glendale, Los Angeles County, California 91206, or elsewhere where defendant or any such agents and persons may be found in the territory in which the Marshal may serve this Writ, including any building, annex or structure adjacent to or on the premises identified above, to wit: any and all copies, reproductions, or embodiments of all or any part of the literary works indentified on Exhibits A and B to the Complaint (copies of which are attached hereto), including any 3 1/2 or 5 1/4" computer disks and printed materials; all masters and tapes; any articles and things that appear to be works of L. Ron Hubbard protected by copyrights; and excluding all personal computers (including all ancillary equipment and disk drives) found at or within the above-described locations. 3. The Writ so issued shall further direct that the Marshal shall hold the articles so seized in a safe place and forthwith deliver all such articles to the custody of counsel for plaintiffs. 4. The Writ so issued shall further direct that the Marshal shall enter the above-described locations to seize the above-described property and/or some part thereof. 5. The Writ so issued shall further direct that the Marshal shall serve upon the defendant Erlich a copy of the Writ, this Order, the Complaint, and all the moving papers upon which the Writ and this Order are based, by delivering the same to the defendant personally, if he can be found within the territory in which such Marshal acts, or if the defendant cannot be so found, to any agent of defendant, or to the person from whose possession such articles were taken, or by leaving said copies at the residence or usual place of business of the defendant, or any agent of the defendant, or at the place where the articles are found, with any person of suitable age discretion. 6. The Writ so issued shall further direct that the Marshal shal make repeated seizures or attempted seizures of the above- described articles upon being adviced by counsel for plaintiffs that new or additional infringing articles have been located or place in the possession or under the control of defendant Erlich, or of any agent of or person acting in concert with the defendant. 7. Bond shall be posted by plaintiffs in the amount of $25,000 on or before service is accomplished, but no later than February 13, 1995. 8. (a) Plaintiffs shall indemnify and hold the Marshal harmless from any claims, demands, actions, suits or proceedings arising out of the execution of the Writ of Seizure. (b) Plaintiff's representative shall be available to identify Defendant Erlich at the time of execution of the Writ of Seizure. Ronald M. Whyte UNITED STATES DISTRICT JUDGE Submitted by: WILSON, RYAN & CAMPILONGO By: Andrew H. Wilson Attorneys for Plaintiffs -- Lee Holzinger leeh@rain.org

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