Search court records - party Agnieszka Fryszman, page 5

No. 188 ORDER: The motions to compel arbitration (Docs

Document Baxter et al v. Miscavige et al, 8:22-cv-00986, No. 188 (M.D.Fla. Mar. 31, 2023)

Motion to Compel Arbitration (Arbitration Demand)

In the amended complaint, Plaintiffs detail numerous incidents of punishment, humiliation, interrogation, and imprisonment that occurred while they were members of Sea Org, including various acts of mental, physical, and emotional abuse.

However, when multiple arguments have been presented in support of dismissal, a district court may “bypass questions of subject-matter and personal jurisdiction, when considerations of convenience, fairness, and judicial economy so warrant […].” Graddy v. Carnegie Acad., LLC, No. 1:21-cv-00639-SDG, 2022 WL 903193, at *3 (N.D. Ga. Mar. 28, 2022) (quoting Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 585 (1999)).

“The central question with respect to the procedural component of unconscionability ‘is whether the complaining party lacked a meaningful choice when entering into the contract.’” Garcia, 2015 WL 10844160, at *5 (quoting Basulto, 141 So.

Plaintiffs have failed to put forth any evidence showing that Scientology doctrine would compel an arbitrator to be hostile to their claims or would make it impossible for them to receive a fair and neutral

These claims must therefore be decided by an arbitrator, not the district court.8 Conclusion Plaintiffs allege they suffered considerable mental, physical, and emotional abuse as a result of their participation in Scientology, which began during their

Cite Document

Analyze

No. 01208365695 UNOPPOSED MOTION [1917084] leave to participate in oral argument filed by USA [Service Date: ...

Document Ramona Matos Rodriguez, et al v. Pan American Health Organizat, et al, 20-7114, No. 01208365695 (D.C. Cir. Oct. 6, 2021)

Amicus Curiae the United States respectfully requests permission to participate in oral argument in this appeal, which the Court has scheduled on November 3, 2021.

Plaintiffs seek to hold the Organization liable and to obtain damages against it pursuant to the Trafficking Victims Protection Act.

In particular, the court held that plaintiff s’ claim that the Organization served as a financial intermediary between Brazil and Cuba came within the “commercial activity exception” of the Foreign Sovereign Immunities Act, which the IOIA incorporates.

The United States extensively participates in international organizations as a key part of its foreign relations on the understanding that robust multilateral engagement is a crucial tool in advancing national interests.

In particular, the United States has a significant interest in ensuring that courts recognize that an international organization’s receipt of program support costs paid by a member state to cover costs associated with the organization’s implementa- tion of a national or multinational public program is public rather than commercial in nature and so does not come within the commercial activity exception.

Cite Document

Analyze

Search within this case
Analyze Judge
Analyze Party
- Ramona Matos Rodriguez
Analyze Firm

No. 170 ORDER granting in part and denying in part 152 Plaintiffs' Motion for Order Declaring Defendant ...

Document Baxter et al v. Miscavige et al, 8:22-cv-00986, No. 170 (M.D.Fla. Feb. 14, 2023)

However, upon review of the allegations in the Amended Complaint and the submissions of the parties, the court finds that Plaintiffs have “reasonably employed knowledge at [their] command, made diligent inquiry, and exerted an honest and conscientious effort appropriate to the circumstances, to acquire information necessary to enable [them] to effect personal service on [Miscavige].” See Kirchik, 2021 WL 7451917, at *2.

Moreover, the Amended Complaint contains sufficient factual allegations that Miscavige operated or conducted a business venture in Florida in his individual capacity, i.e., outside of his role as a corporate director, officer, or shareholder of the Organizational Defendants, and for his own personal pecuniary gain.

9 Plaintiffs further allege that the “receipt of money and unpaid labor also enabled David Miscavige to maintain a façade of legitimacy, a luxurious lifestyle, power over every aspect of the organization’s global operations, and influence over members, including celebrities who joined and promoted Scientology publicly.” (Id. ¶ 2.)

Rather, the Organizational Defendants, including FSO, FSSO, and IASA, all of which have continuous and systematic business activities in Florida either through the purchase and management of real estate (Dkt. 79 ¶¶ 17, 20), the collection and disbursement of membership dues (id. ¶¶ 22–23), or the hosting of events and fundraising (id. ¶¶ 19–21), are alleged to be directly controlled by Miscavige individually and serve as his agents.

For example, Plaintiff Gawain Baxter alleges that as a child, “he was forced to provide five to ten hours a day of unpaid work at Flag Base [in Clearwater, Florida], including food preparation, trash removal, landscaping, and clerical work.” (Id. ¶ 91.)

Cite Document

Analyze

No. 250 ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Nicholas Jacques ...

Document Keo Ratha et al v. Phatthana Seafood Co., Ltd. et al, 2:16-cv-04271, No. 250 (C.D.Cal. Feb. 14, 2023)

Motion to Appear Pro Hac ViceGranted

The Court, having determined whether the required fee has been paid, and having reviewed the Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice filed by of Cohen Milstein Sellers & Toll PLLC Jacques, Nicholas J.

☐ for failure to attach a Certificate of Good Standing issued within 30 days prior to filing of Application.

☐ for failure to complete Application: ☐ pursuant to L.R.

83-2.1.3.2: ☐Applicant resides in California; ☐ previous Applications listed indicate Applicant is regularly employed or engaged in business, professional, or other similar activities in California.

83-2.1.3.4; Local Counsel: ☐ is not member of Bar of this Court; ☐ does not maintain office District.

Cite Document

Analyze