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Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

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INTRODUCTION

Defendant Gerald Armstrong ("Armstrong"), in seeking additional time to reply to the

Motion of Plaintiff, Church of Scientology International (hereinafter, "Church" or "Plaintiff"), for

Summary Judgment, has chosen to regurgitate a litany of outlandish charges of persecution and

harassment allegedly visited upon him by the Church. Not content to vilify the Church, he also

accuses this Court of joining in the imagined evil conspiracy. The Church is confident that it will

prevail on summary judgement and is indifferent to whether Armstrong should be granted the

additional time he seeks. However, Armstrong's gratuitous defamation of the Church and this

Court should not pass without a response. The appropriate portions of his supporting declaration,

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and the attachment thereto, should be stricken from the record and Armstrong appropriately

sanctioned.

ARGUMENT

Armstrong supports his request for additional time with a declaration which states that his

belongings, including his computer and documents necessary to produce a response, had been

misplaced in shipment from Germany to Canada and asks for the hearing to be set during the week

of April 19-23.  Declaration of Gerry Armstrong, ¶ 1-15, 12, 13. The remainder of Mr. Armstrong's

declaration, ¶¶ 5-11, 13, and the attached letter from Mr. Armstrong to the Department of Justice,

is a defamatory diatribe, primarily directed at the Church, with charge that this Court aided and

abetted the Church in allegedly persecuting Mr. Armstrong.

Mr. Armstrong charges that the Church is somehow responsible for waylaying his

belongings, asserting in a flight of paranoid fancy that the Church "is in essence a global

intelligence agency" with "a monumental motive to engineer a switcheroo in some warehouse in

Germany." Armstrong Declaration, ¶ 9-10. In support of his claim that he has meritorious

defenses, he attaches his letter to the Department of Justice, eighty-six single spaced pages,

essentially the unabridged history of Mr. Armstrong's hate affair with the Church. For good

measure, Armstrong throws in a charge that "...this court in the person of ex-Judge Gary W.

Thomas unlawfully abetted Scientology's conspiracy to threaten and intimidate me." Armstrong

Declaration, ¶ 1.

None of this is relevant to Mr. Armstrong's request and should be stricken from his

declaration and the record. Specifically, the Church requests that paragraphs 9,10,12 and 13 and

the attached letter to the Department of Justice be stricken in their entirety. In addition, the Church

requests that ¶11 also be stricken, except for the following sentence on lines 8-9, "I do in truth

need at least another month to ensure that the computers and documents needed to complete my

opposition do safely arrive."

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CONCLUSION

In conclusion, and for the reasons stated above, the Church defers to the Court with respect

to Mr. Armstrong's request for additional time and objects to and requests the Court to strike the

referenced portions of Mr. Armstrong's declaration including his exhibit, and award as a sanction

the attorney fees expended by Plaintiff to file this Response and Motion to Strike.

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PROOF OF SERVICE

     I, the undersigned, declare:

     I am employed in the County of Marin, State of California. I am over the age of 18 and not a party
to the within action; my business address is 475 Gate 5 Road, Suite 212, Sausalito, California 94965.

     On March 4, 2004, I served the foregoing document(s) described follows:

RESPONSE TO MOTION OF GERRY ARMSTRONG FOR EXTENSTION OF
TIME TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT;
OBJECTION AND MOTION TO STRIKE PORTION OF DECLARATIONS OF
GERRY ARMSTRONG

on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed
as stated on the attached service list, as follows:

  XX       BY U.S. MAIL:

  XX       BY FEDERAL EXPRESS OR OVERNIGHT COURIER

                BY HAND DELIVERY

Gerald Armstrong
1UP-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada

Executed on March 4, 2004 at Sausalito, California

  XX          (State) I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.

                (Federal) I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made.

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