From braintree!uunet!in1.uu.net!newsfeed.internetmci.com!howland.reston.ans.net!ix.netcom.com!netcom.com!nagle Thu Oct 26 10:29:40 1995
From: firstname.lastname@example.org (John Nagle)
Subject: Re: Scientology's "Dirty Hands" in Recent Seizures - Devastating Ruling (for Scientology cultists)
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Fri, 13 Oct 1995 17:46:39 GMT
Xref: braintree alt.religion.scientology:118043 comp.org.eff.talk:65406 misc.legal:154069 misc.legal.computing:17727 alt.society.civil-liberty:42994
Just for the record, here's Judge Brinkema's order. This has been
posted before, but as part of a larger document.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
RELIGIOUS TECHNOLOGY CENTER
V. Civil Action No.95-1107-A
ARNALDO PAGLIARINA LERMA,
DIGITAL GATEWAY SYSTEMS,
THE WASHINGTON POST,
MARC FISHER, and
O R D E R
For the reasons stated in open Court, to be further developed
in a written opinion to be issued,
Plaintiff Religious Technology Center (IIRTCII) I s Motion for
Reconsideration and Rehearing and
Motion for a Preliminary Injunction Against Defendant Lerma
Defendant Lermals Motion to Vacate the Writ of Seizure and
order for Impoundment is GRANTED and it is hereby
ORDERED that RTC shall immediately return and restore to
Defendant Lerma all seized materials in their exact original
condition. This includes both Lerma's hard drives and all floppy
discs; and it is further
ORDERED that Defendant Lerma shall maintain the status quo as
to possession of all the allegedly copyrighted materials at issue
in this case and is restricted to employing them only in a fair use
capacity. Lerma and his counsel are specifically prohibited from
making any additional copies of the materials or transferring them
in any manner or publicizing them other than in the context of fair use.
This action moots the issue of increased bond relating to the
seizure, so Defendant Lermals Motion to Increase Bond is DENIED.
Plaintiff RTC's Motions for Provisional Stays Pending Appeal
to the Fourth Circuit are DENIED.
The Clerk is directed to forward copies of this order to
counsel of record.
Entered this 15th day of September, 1995.
United States District Judge