Gerry Armstrong--Defendant's Request for Extension of Time to File Opposition to Motion for Summary Judgment 02-11-2004

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GERRY ARMSTRONG
1UP-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada
Tel:
gerry@gerryarmstrong.org
In Propria Persona

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MARIN

CHURCH OF SCIENTOLOGY

INTERNATIONAL,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant

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Case No. CV 021632

REQUEST FOR EXTENSION OF TIME TO
FILE OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT; DECLARATION OF
GERRY ARMSTRONG IN SUPPORT

Date: February 10, 2004
Time: 0:900
Department: L
Trial date: March 5, 2004

Defendant Gerry Armstrong hereby requests an extension of one month to file his

opposition to Plaintiff Scientology organization’s motion for summary judgment now set for hearing on

February 10, 2004. This request is based on the facts set forth in the Declaration of Gerry Armstrong

that follows.

DECLARATION OF GERRY ARMSTRONG

I, Gerry Armstrong, declare as follows:

1. I am the defendant in this case.

2. Plaintiff Scientology organization has filed a summary judgment motion that is set for

hearing on February 10, 2004. Because of circumstances beyond my control I have not been able to

complete my opposition, and require more time.

3. I have not made any earlier request for an extension of time during the litigation of this

lawsuit. The case was filed in 2002.

4. I have recently moved from Germany to Canada, have only today obtained an apartment,

have not yet moved in, and do not have a phone. My move from Germany was scheduled before

Scientology’s filing of its summary judgment motion and could not be changed.

5. Obviously I could not tell Scientology’s lawyers of my move or movements because the

organization is infamous for assaults on people like me it views as “enemies,” for causing us trouble in

our travels, and for theft of belongings, particularly documents.

6. I do not have my computer, printer or documents with me, and will not have them

available to me for a least two more weeks. I am preparing this document in a public library, where my

computer access is very limited.

7. It was impossible because of financial limitations to ship my belongings at another time

or by a quicker means. Obviously there is a serious security risk to providing further details.

8. I have valid bases for opposing Scientology’s summary judgment motion, and my

request for an extension is in no way frivolous. There are many triable issues of material fact, any one

of which will defeat Scientology’s motion.

9. This case is actually a violation of 18 U.S.C. §241, Conspiracy Against Rights, and is a

component of a massive criminal civil rights conspiracy by the Scientology entities, and consequently

must ultimately be dealt with as a U.S. Federal crime. Even without considering at this time the

criminal nature of what Scientology is doing in this case, however, the case is extraordinary because the

monetary amount involved is astronomical, and the civil rights issues are many and profound.

10. Although Scientology seeks in this case $10,050,000.00 in damages, making this

certainly one of Marin County’s larger cases monetarily, this amount is but a tiny fraction of the actual

monetary amount at stake. As Scientology states in its Separate Statement: “I have violated

Scientology’s Injunction thousands of times.” (Scientology’s Separate Statement, 7:5-7) I have, of

course, violated the Injunction, and, naturally, the subject “contract,” thousands of times, because it

would be both impossible and a U.S. Federal crime not to violate the Injunction and the “contract.”

11. Essentially, what Scientology is seeking is $50,000 in liquidated damages for every

utterance I make of my religious beliefs or my religious experiences concerning Scientology, which,

clearly, claims to be a religion. Additionally, Scientology got former Marin County Judge Gary Thomas

to agree with its interpretation of the “contract” whereby the $50,000 per utterance is for each recipient

of each utterance of my religious beliefs or my religious experiences concerning Scientology. Thus for

every Internet posting I make about my religious beliefs concerning Scientology or my religious

experiences in Scientology, there are thousands of recipients. And thus the actual monetary amount

involved in this lawsuit is thousands times thousands times $50,000 per utterance about my religious

beliefs or experiences, or between $5,000,000,000,000.00 and $15,000,000,000,000.00. This certainly

must be then the biggest case monetarily ever in Marin County, and the defense of this case, for money

reasons alone, deserves every opportunity. I recognize, of course, that the “liquidated damages”

condition of the “contract” has no relation whatsoever to reality, or to actual damages now or at the time

of the signing of the “contract,” but reality has never stopped Scientology, and that is not what the

organization is claiming in this case, and does not have to be considered by this Court in order recognize

the huge monetary amount involved and to grant my request for an extension.

12. Since my arrival back in Canada, I have been ill, and I am still very ill. I have no

medical insurance or a doctor, and no way to provide a doctor’s statement. I’m sure, however, that the

Court would understand that the stress of being threatened and fair gamed by the multi-billion dollar and

extremely malevolent Scientology cult for twenty-two years, the stress of being sued in a California

Court for ten million and potentially trillions of dollars, combined with financial destitution and moving

to a new country, is enough stress to make anyone sick.

13. I have asked Scientology’s attorney Andrew Wilson by e-mail to agree to an

extension, and he wrote: “I do not have a problem with the extension. However, the hearing date would

have to be moved, and probably so would the trial date. Judge Duryee would have to approve and I

don't think she would be happy about it, as the case is "old." Actually the case was filed in 2002 so is

not, given the monstrous monetary amount involved, and the depth and number of the civil rights issues

involved, “old.” I was the only party who attempted to do any discovery, and it was thwarted by

Scientology.

I declare under penalty of perjury pursuant to the laws of the State of California, the

United States and Canada that the foregoing is true and correct.

Executed this 23rd day of January 2004 at Chilliwack, B.C., Canada.

[signed]
Gerry Armstrong

Respectfully submitted,
[signed]

GERRY ARMSTRONG

ORDER

Defendant’s Request for Extension to file Opposition to Motion for Summary Judgment is granted.

The hearing on the Motion for Summary Judgment is reset for [Handwritten] 3/162004

[Handwritten]

Settlement conference
3/29/04 @ 10³⁰
trial 4/9/04 @
9:00 a.m.

Date: [Handwritten] 2/5/04

[signed] Lynn Duryee
Judge Lynn Duryee

PROOF OF SERVICE

I am over the age of eighteen years and am not a party to the within action. My business

address is 1UP-45950 Alexander Avenue, Chilliwack, B.C. V2P 1L5 Canada

I served the following document:

REQUEST FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT; DECLARATION OF GERRY ARMSTRONG IN SUPPORT

on the following person on the date set forth below, by Express Mail to the addressee below:

Andrew H. Wilson, Esquire
WILSON CAMPILONGO LLP
475 Gate 5 Road
Sausalito, CA 94965
U.S.A.

I declare under penalty of perjury under the laws of California, the United States and Canada that the

above is true and correct.

Executed on January 23, 2004 at Chilliwack, B.C., Canada.

[signed]
Caroline Letkeman

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