From leeh@rain.org Thu Feb 16 01:21:56 1995 Subject: Temporary Restraining Order against E

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From leeh@rain.org Thu Feb 16 01:21:56 1995 From: leeh@rain.org () Newsgroups: alt.religion.scientology Subject: Temporary Restraining Order against Erlich Date: 15 Feb 1995 09:19:05 GMT Organization: RAIN Public Access Internet (805) 967-RAIN NNTP-Posting-Host: coyote.rain.org X-Newsreader: TIN [version 1.2 PL2] There seems to be a lot of discussion about the circumstances about the raid on Dennis Erlich, so I have attached a copy of the Order for Temporary Restraining Order. This can be found in the Federal Court 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 ) ORDER FOR TEMPORARY California non-profit corporation; ) RESTRAINING ORDER, ORDER TO ) SHOW CAUSE RE: PRELIMINARY Plaintiffs, ) INJUNCTION, AND FOR ORDER ) OF IMPOUNDMENT vs. ) ) NETCOM ON-LINE COMMUNICATION ) SERVICES, INC., a Delaware ) DATE: February 10, 1995 corporation; DENNIS ERLICH, an ) TIME: individual; and TOM KLEMESRUD, an ) CTRM: individual, dba CLEARWOOD DATA ) SERVICES, ) ) Defendants. ) ____________________________________) Upon reading the Complaint on file in this action, the Ex Parte Application for a Temporary Restraining Order and for Order to Show Cause Re Preliminary Injunction, the Memorandum of Points and Authorities, and the Declarations of Thomas M. Small, Helena K. Kobrin, Warren McShane and Marilyn Pisani and Exhibits in support thereof, it appears to the satisfaction of this Court that there is good cause, and this is a proper cause, for granting a temporary restraining order. Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure, the Court finds as follows: 1. Plaintiffs have established that it is probable that plaintiffs will prevail at trial on the merits of their claims for relief against defendants; and 2. There is a likelihood that plaintiffs will be irreparably injured if this temporary restraining order is not granted; or 3. Plaintiffs have raised serious questions; and 4. The balance of hardship tips sharply in plaintiffs' favor in that the hardship to defendants if this temporary restraining order is granted is outweighed by the hardship to plaintiffs if it is not granted. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: Defendants Netcom On-Line Communication Services, Inc., Dennis Erlich, and Tom Klemesrud, DBA Clearwood Data Services, their agents, servants, and employees, all persons acting or purporting to act under their authority, direction, or control, and all persons acting in concert or in participation with any of them who receive notice of this Order, shall be and are restrained and enjoined pending hearing on the order to show cause: 1. From all unauthorized copying and publication of any of the copyrighted works of L. Ron Hubbard including, but not limited to, those identified in Exhibits A and B to the Complaint, and in particular from copying any of those works into any computer data base, information service, storage facility, archives, or other computerized network or facility; and 2. From disclosing, displaying or reproducing, or causing to be disclosed, displayed or reproduced, any of the unpublished confidential works identified in Exhibit B to the Complaint, or any other work that is part of the Advanced Technology; and 3. From destroying, altering, or concealing, or removing from the District in which that defendant resides, any reproduction, copy, facsimile, excerpt, or derivative, of any work of L. Ron Hubbard not seized that is in defendants' possession, custody or control. IT IS FURTHER ORDERED: Defendants appear before this Court on February 21, 1995, at 10:00 a.m., to show cause, if there be any, why a preliminary injunction should not be issued enjoining and restraining them, their agents, servants, and employees, and all persons acting in concert with them or on their behalf, from violating the copyrights and trade secret rights of plaintiffs during the pendency of this action, and particularly: 1. From all copying of any of the copyrighted works of L. Ron Hubbard including, but not limited to, those identified in Exhibits A and B to the Complaint, and in particular from copying any of the copyrighted works into any computer data base, information service, storage facility, archives, or other computerized network or facility; and 2. From disclosing or displaying, or causing to be disclosed or displayed, any portion of the unpublished confidential works identified in Exhibit B to the Complaint, or of any other work that is part of the Advanced Technology; and 3. From destroying or concealing or in any way disposing of, any reproduction, copy, facsimile, excerpt, or derivative, of any work of L. Ron Hubbard that is in defendant's possession, custody or control; and 4. From otherwise infringing any copyright in any works of L. Ron Hubbard; and 5. Why defendants should not turn over for impoundment, in the custody of plaintiffs' counsel during the pendency of this action, all unauthorized copies in their possession, custody or control of any copyrighted works of L. Ron Hubbard, made in violation of plaintiffs' copyrights, and of all masters and tapes, including, but not limited to: (a) All copies of published literary works of L. Ron Hubbard; (b) All copies of unpublished confidential works of L. Ron Hubbard, containing Advanced Technology; and (c) All computer hardware and software by means of which defendants have copied the works identified in Paragraphs 1 and 2 of this Order, and all disks, cassette tapes and other media on which such works are stored. IT IS FURTHER ORDERED THAT: This Order be served by personal service on defendant Netcom On-Line Communication Services, Inc., or on any of its officers, general or managing agents or other agents authorized by appointment or law to receive service of process at 3031 Tisch Way, #200, San Jose, California 95128, on defendant Dennis Erlich and on any of his representatives at 747 Luton Drive, Glendale, California 91206, and on defendant Tom Klemesrud, DBA Clearwood Data Services or on any of his officers, or managing or general agents, or other agents authorized by appointment or law to receive service of process at 5143 Bakman Avenue, #414, North Hollywood, California 91601, on or before February 14, 1995, and that bond in this matter is to be in the amount of $25,000, to be filed prior to service of the Writ of Seizure issued concurrently herewith, but in no event later than February 13, 1995. A condition of this TRO is that plaintiff's counsel safely retain in their possession any seized items turned over to them by the marshal pursuant to the seizure order. Dated: 2/10, 1995 (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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