IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECH

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) California non-profit corporation; ) Case No. C-95-20091 and BRIDGE PUBLICATIONS INC., a ) California non-profit organization, ) ) Plaintiffs, ) ) ORDER SETTING v. ) HEARING DATES ) NETCOM ON-LINE COMMUNICATION ) SERVICES, INC., a Delaware corp.; ) DENNIS ERLICH, an individual; and ) TOM KLEMESRUD, an individual, dba ) CLEARWOOD DATA SERVICES, ) ) Defendants. ) ) ________________________________________) The court has received numerous ex-parte applications and responses to them. Plaintiffs have applied for an early hearing date for a renewed motion for a preliminary injunction against defendants Netcom and Klemensrud. The essence of the request is that the lack of an injunction facilitates defendant Erlich's ability to violate the existing TRO against him. A contempt hearing for defendant Erlich's alleged violation of the TRO is currently set for March 17, 1995. Defendant Netcom filed a motion to dismiss on March 13, 1995 and set it for hearing on April 14, 1995. Defendant Netcom objects to a hearing date on a renewed preliminary injunction request that is before the hearing date on its motion to dismiss. Defendant Erlich has filed an ex-parte request for extensions of various deadlines on the basis that he just obtained counsel and that the case involves complex issues. Plaintiffs particularly object to the postponement of the scheduled contempt hearing. Defendant Klemesrud has written to the court suggesting the vacation of all dates and the holding of a status conference. He is waiting for a response to the tender of his defense to his insurance carrier. He also suggests that the court consolidate plaintiffs' new preliminary injunction request with a trial on the merits. Upon consideration of the parties' concerns, and upon good cause shown, the court makes the following order: 1. All currently scheduled hearing dates are vacated. 2. A case management conference is set for April 7, 1995 at 10:30 a.m. 3. At the case management conference the court will set a. the hearing on plaintiff's application to have defendant Erlich held in contempt for violating the court's TRO; b. the hearing on defendant Netcom's motion to dismiss; c. the hearing on plaintiff's renewed application for a preliminary injunction; d. trial, pretrial conference, and discovery cut-offs; and e. any other matters needing scheduling. 4. Pending the case management conference the court's current restraining order remains in effect. If defendant Erlich violates this order, plaintiffs may immediately request that the court set a contempt hearing. Since defendant Erlich has now obtained counsel and has promised through counsel that if a continuance were allowed "he would agree not to publish any of Mr. Ron Hubbard's writings, or copyright-registered writings of the Church of Scientology, until the contempt hearing or the end of April, whichever occurs first," the court is satisfied that a continuance of the contempt hearing is appropriate with the protection of the ability to schedule an earlier hearing, if a violation occurs. 5. The dates for defendant Erlich to respond to the first amended complaint and to respond to the Court's February 21, 1995 oral order are extended to April 14, 1995. If the parties cannot reach an agreement upon a protective order with respect to disclosure of the documents seized from defendant Erlich so that counsel for defendant Erlich can inspect and copy them, they are to submit to the court forthwith their respective proposals. 6. The parties are to meet and confer before the case management conference with respect to consolidating the currently pending proceedings into an early trial on the merits. It would appear that such a procedure would reduce the time, expense, and delay to all concerned and enable an early resolution of what appear to be sensitive issues to all parties. DATE: [3/16/95] /s/ RONALD M. WHYTE U.S. DISTRICT COURT JUDGE

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