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

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