Gerry Armstrong -- Order of Contempt 06-05-1997

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Andrew H. Wilson
WILSON, RYAN & CAMPILONGO
235 Montgomery Street Suite 450
San Francisco, California 94104
(415) 391-3900

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California
not-for-profit religious corporation;

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.

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Case No. 152229

ORDER OF CONTEMPT

The contempt proceedings against Defendant GERALD ARMSTRONG

came on for hearing by the Court on May 23, 1997 pursuant to this

Court's ORDER TO SHOW CAUSE RE CONTEMPT issued on February 18,

1997, and further pursuant to this Courts ORDER ALLOWING SERVICE

OF THE ORDER TO SHOW CAUSE RE CONTEMPT issued on March 5, 1997.

Petitioner CHURCH OF SCIENTOLOGY INTERNATIONAL appeared by its

counsel, Andrew H. Wilson. Defendant ARMSTRONG did not appear

nor did Defendant file any opposition or evidence.

GOOD CAUSE APPEARING THEREFOR, the Court makes the following

findings:

1. On October 17, 1995 this Court entered an Order of

Permanent Injunction against ARMSTRONG (the "Order") following

motions for summary adjudication brought by Plaintiff. This

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Order was later incorporated into a judgment entered against Mr.

Armstrong on May 2, 1996 (the "Judgment"). The order prohibits

ARMSTRONG from voluntarily assisting any persons litigating

claims adverse to the "Beneficiaries" and from creating or

publishing "works" discussing any of the Beneficiaries. One of

the Beneficiaries is a corporation known as Religious Technology

Center ("RTC").

2. The Order was valid when rendered and remains fully

enforceable, notwithstanding ARMSTRONG's appeal of the Judgment.

The filing of a Notice of Appeal does not render a valid order

unenforceable.

3. ARMSTRONG had knowledge of the Order. ARMSTRONG's

counsel appeared at the hearing pertaining to the Order and

received Notice of Entry. ARMSTRONG also received a Notice of

Entry of order which was served on his counsel. ARMSTRONG's

actual knowledge of the Order is also shown by the fact that

ARMSTRONG himself signed and filed a Notice of Appeal of the

Judgment.

4. ARMSTRONG had the ability to comply with the Order. The

order was specific. It prohibited ARMSTRONG from voluntarily

assisting any person arbitrating or litigating adversely to the

Beneficiaries and also prohibited ARMSTRONG from facilitating in

any manner the creation, publication, broadcast, writing,

electronic recording or reproduction of various documentary

works. There has been no suggestion, and certainly no showing by

ARMSTRONG, that he is incapable of complying with the order.

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ORDER OF CONTEMPT

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5. ARMSTRONG willfully disobeyed the order. On or about

January 26, 1997, ARMSTRONG sent a document entitled DECLARATION

OF GERALD ARMSTRONG to United States District Judge Ronald M.

Whyte. Judge Whyte was at the tine presiding over three cases in

which the plaintiff is RTC. In the Declaration, ARMSTRONG

recites his understanding that he was prohibited from sending

such a Declaration directly to litigants end states that he is

instead sending it directly to Judge Whyte in the hopes of

influencing his decision on a pending matter. This evidences

ARMSTRONG's willful disobedience of the Order and Judgment.

IT IS HEREBY ADJUDGED, ORDERED AND DECREED that Defendant

GERALD ARMSTRONG is guilty of Contempt of Court for a failure to

obey the Order and Judgment by sending the Declaration, as

described above, to Judge White. As set forth above, the Order

was valid and enforceable; ARMSTRONG had knowledge of the Order,

had the ability to comply with the order and willfully disobeyed

the Order.

IT IS FURTHER ADJUDGED ORDERED AND DECREED that Defendant

GERALD ARMSTRONG is to be punished for the foregoing contempt

by a fine of $1,000.00 and confinement in the County Jail for a

period not to exceed 48 hours.

Dated: JUN 0 3 1997

[stamped] GARY W. THOMAS
JUDGE OF THE SUPERIOR COURT

ORDER OF CONTEMPT

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