[CT 6276]

CONTOS & BUNCH
5855 Topanga Canyon Boulevard
Suite 400
Woodland Hills, California 91367-4694
Telephone (818) 716-9400

Attorneys for Defendant and Cross-Complainant
GERALD ARMSTRONG

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

CHURCH OF SCIENTOLOGY OF CALIFORNIA, a California Corporation, Plaintiff, vs. GERALD ARMSTRONG, et al., Defendants. AND RELATED CROSS-ACTIONS.

) ) ) ) ) ) ) )

CASE NO.: C 420 153 [Severed Action] REQUEST FOR PRODUCTION OF DOCUMENTS FROM CROSS-COMPLAINANT GERALD ARMSTRONG TO CROSS-DEFENDANT CHURCH OF SCIENTOLOGY OF CALIFORNIA

TO CROSS-DEFENDANT CHURCH OF SCIENTOLOGY OF CALIFORNIA AND TO ITS ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure, Section 2031, on September 9, 1986, at 10:00 a.m. at the Law Offices of Contos Bunch, 5855 Topanga Canyon Boulevard, Suite 400, Woodland Hills, California,

Cross-Complainant requests Cross-Defendant to produce for copying and inspection by counsel for Cross-Complainant each

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of the documents specified in Schedule A annexed hereto.

Such items are believed to be in Cross-Defendant's custody, control or possession, not privileged, and relevant to the subject matter of this action or reasonably calculated to lead to the discovery of admissible evidence in this action.

PLEASE TAKE FURTHER NOTICE that, pursuant to the express provisions of Code of Civil Procedure, Section 2031, Cross-Defendant shall serve a written response, subscribed under oath by an officer, director or managing agent of Cross-Defendant to this Request within twenty (20) days after service of this Request. Said sworn Response, pursuant to the requirements of Section 2031(b), "shall identify the documents, papers, books, accounts, letters, photographs, objects, and tangible things falling within the categories specified in the request which are in the possession, custody or control of the responding party."

This Request calls for identification and production of, and defines "documents" to mean, without limitation, the following items, whether printed or recorded or reproduced by any other mechanical process, including audio and/or visual process, or written or produced by hand:

agreements, communications, city, state and/or federal governmental proceedings and hearings, transcripts and reports, correspondence, telegrams, memoranda, summaries of records of telephone conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of

[CT 6278]

counsel, consultants, photographs, tape recordings, cas-settes, motion picture or television films, brochures, pamphlets, advertisements, circulars, press releases, articles, or any publications, drafts, files, letters, any marginal comments appearing on any document, computer print-outs and all other writings, or printed materials.

DATED: August 4 , 1986
CONTOS & BUNCH
By: [signed]
JULIA DRAGOJEVIC
Attorneys for Defendant
and Cross-Complainant
GERALD ARMSTRONG
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SCHEDULE A

1. All documents from which the entries on the 14-page "time track" were excerpted or on which the entries were based. Said "time track" was produced as part of the B-1 File during the Christofferson trial.

2. All documents contained in Cross-Complainant's "ethics" and "personnel" files.

3. All records and documents concerning the incarceration of Cross-Complainant in the US GO Intelligence Bureau in Fifield Manor in June, 1976.

4. All documents generated as a result of the interview of Cross-Complainant done by GO Intelligence
official, Brian Roubinek, in July/August, 1976 in Clearwater, Florida.

5. All Compliance reports, progress reports or any documentation whatsoever regarding each of the "steps" of the "Gerry Armstrong Project of February 17, 1982, attached hereto as Exhibit [A].

6. Any and all documentation containing information culled from Cross-Complainant's pc (or preclear, or auditing, or processing) files.

7. All documentation upon which the report of September 30, 1982 re Dead Agenting Gerry Armstrong is based.

8. Any and all documentation, including correspondence and reports to and from the private nvestigators who surveilled Cross-Complainant and his wife beginning in May, 1982, and who assaulted Cross-Complainant,

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ran into him, attempted to involve Jocelyn Armstrong and him in freeway accidents, and who followed and harassed them through September, 1982.

9. Any and all documentation concerning a visit and subsequent telephone calls to Cross-Complainant by Marty Rathbun from February through April, 1984. Said documentation includes, but is not limited to, an "eval" Mr. Rathbun stated had been done regarding Cross-Complainant, as well as all documents relating to the "eval."

10. The mission, project or program orders pursuant to which Terri Gamboa met with Cross-Complainant on
March 8, 1984, and subsequently wrote her "debrief' of March 12, 1984 attached hereto as Exhibit [B].

11. All orders, reports, correspondence and documents concerning surveillance and harassment of Cross-Complainant by agents of Cross-Defendant in London in June, 1984.

12. All orders, reports, correspondence and documents relating to the operation in June, 1984 to use
Cross-Complainant's folders to entrap him. This operation was acknowledged by the two agents of Cross-Defendant, Mike Rinder and "Joey," in the videotapes illegally taken of Cross-Complainant in November, 1984.

13. All orders, reports, correspondence, and documents relating to OSA INT Executive Directive 19, of
September 20, 1984, a copy of which is attached hereto as Exhibit [C].

14. All orders, reports and documents concerning

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the photographing of Cross-Complainant by Cross-Defendant's members on November 8, 1984 in Los Angeles, including the original photographs taken.

15. All orders, reports, correspondence, materials and documents concerning the burglarizing of the trunk of Cross-Complainant's car on November 8, 1984, and the theft therefrom of a manuscript and artwork of approximately 350 pages, and various documents relating to the within litigation. This request includes the stolen materials themselves.

16. All copies made by Cross-Defendant's agents, known to Cross-Complainant as "Joey" and "Rena," of Cross-Complainant's writings and drawings which "Rena" requested as a potential publisher, and which Cross-Complainant loaned to "Rena" on November 9, 1984. These consisted of approximately 250 pages of personal creative works.

17. All records, reports, orders, correspondence, documents and audio and video recordings of a meeting arranged by Cross-Defendant's agents posing as "reformers") between an attorney, Thomas Janeway, and Cross-Complainant in November, 1984 in Encino, California.

18. All records, reports, correspondence, orders, documents or materials relating to the obtaining of false authorizations directing and/or authorizing the videotaping and wiretapping of attorney Michael Flynn and Cross-Complainant in November and December, 1984. Three of these authorizations are attached hereto as Exhibit [D].

19. All records, reports, correspondence, orders,

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audio and video recordings, documents or materials relating to an attempt by Cross-Defendant's agents to persuade Cross-Complainant to fly to Las Vegas, Nevada in the fall of 1984 to meet with a proposed "backer" of Cross-Defendant's agents posing as "reformers."

20. All correspondence, reports, statements, documents or materials supplied to or received from the Los Angeles Police Department, or any officer thereof, from 1982 through 1984 regarding various attempts to have criminal charges brought against Cross-Complainant in connection with Cross-Complainant's alleged theft of the Hubbard archives. This includes, but is not limited to, documentation generated through contacts with Officer S.J. Capuano in the N.E. Detective Division of the Los Angeles Police Department.

21. All orders, reports, projects, programs, briefings and debriefings, audio and video recordings, and all related documents and materials concerning what the Organization calls the "Armstrong Operation." This operation involved the use of Cross-Complainant's friend, Dan Sherman to get close to Cross-Complainant, feed him false information, compromise him and frame him, with the goals of destroying his reputation, his ability to testify in Scientology litigation, his emotional and physical well-being, his economic base, his marriage and his life. This operation is referenced at page 2 of the February 17, 1982 "Gerry Armstrong Project," Exhibit A, under "Step 15."

22. All daily reports, weekly reports, battle plans, battle plan reports, statistic reports, private

[CT 6283]

investigator reports on a daily basis from at least 1982 to the present, CSW's, mission orders, projects, programs, evals,. targets, estimates, compliance reports, progress reports, orders, nudges, debugs, requests for funds, budgets (FP's), accounting reports, cross file sheets, excerption sheets, computer data and files, briefings, drillings, debriefings, audio and video recordings, wiretape recordings, photographs and any other documents relating to the forgery and attempted cashing of a $2,000,000 check on the Bank of New England account of L. Ron Hubbard in 1982, and the operation to frame Michael Flynn and Cross-Complainant with the alleged crime.

23. All correspondence, orders, reports, statements, documents, photographs, or materials relating to the "Freedom" tabloid issue 61, published in August, 1984, a reduced copy of which is attached as Exhibit [E].

24. All correspondence, orders, reports, statements, documents, photographs, or materials relating to the article entitled "Ex-U.S. Attorney's Role in Check Forgery Surfaces in Boston Court" in the "Freedom" tabloid issue 62, published in October, 1984, a reduced copy of which is attached hereto as Exhibit [F].

25. All correspondence, orders, reports, statements, photographs, documents or materials relating to the "Freedom" tabloid published in April/May, 1985, a reduced copy of which is attached hereto as Exhibit [G].

26. All correspondence, orders, reports, statements, photographs, documents or materials relating to

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the "Freedom" tabloid published in May, 1985, a reduced copy of which is attached hereto as Exhibit [H].

27. All correspondence, orders, reports, statements, documents or materials relating to the "advertisement" attached hereto as Exhibit [I] which appeared in 'The Oregonian' newspaper of May 30, 1985, in Portland, Oregon, particularly with regard to the statement:

"Another one of Christofferson's key witnesses, Gerry Armstrong, a government informant, was indisputably shown to have engaged in an operation to infiltrate the Church of Scientology. Armstrong's plot, based on evidence submitted in court, appears to have been conceived with the advice and consent of Flynn and members of the IRs Intelligence Branch. It indicated the planting of forged documents in the church which could then be "discovered" by government agents in planned raids on church premises. The forged documents would incriminate the church in nonexistent illegal activities and would serve as a basis for the indictment of current church

[CT 6285]

management."

28. All correspondence, orders, reports, statements, documents or materials relating to Cross-Defendant's radio show "Freedom Magazine' on station WTTP in Boston on June 11, 1985, a transcript of which is attached hereto as Exhibit [J].

29. All correspondence, orders, reports, statements, documents, payments, receipts or cancelled checks sent to or received from L. Fletcher Prouty relating to Cross-Complainant.

30. All edited versions of the videotapes which had originally been made of Cross-Complainant in November, 1984. Attached hereto as Exhibit [K] is a flyer distributed to Scientologists in April and May, 1985 directing them to a showing of an edited version of the tapes.

31. All correspondence, orders, reports, statements, documents or materials relating to the editing of the videotapes, including the editing which occurred prior to the Christofferson trial, as well as the audio sections edited out of the videotapes.

32. All correspondence, orders, reports, statements, documents or materials relating to the delivering/sending of edited versions of the videotapes to any members of the media.

33. All correspondence, orders, reports, statements, documents or materials relating to Cross-Complainant sent to any media including newspapers,

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television and radio stations.

34. All correspondence, orders, reports, statements, documents or materials, relating to the showing of the videotapes or edited versions thereof to staff or public Scientologists; including any briefings  given, requests for "donations" or funds, any projects, programs or evals related to this operation and any financial records of said operation.

35. All correspondence, orders, reports, statements, documents or materials relating to the photographing of Cross-Complainant's residence in Boston, Massachusetts on October 7, 1985, including all photographs taken.

36. All correspondence, orders, reports, statements, documents or materials relating to the mugging and robbery of Cross-Complainant outside his residence in Boston on October 25, 1985.

37. All correspondence, reports, statements, documents or materials regarding an incident which occurred on October 13, 1985, when a Scientologist reported to the FBI that Cross-Complainant was posing as an FBI agent near the Massachusetts Bay Transportation Authority Green Line Auditorium Stop in Boston.

38. All correspondence, reports, statements, documents or materials concerning the operation to bring false criminal charges against Cross-Complainant via the FBI as described in Request No. 37 above.

39. All correspondence, orders, reports

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statements, documents or materials relating to the "Freedom" tabloid published in February, 1986., a reduced copy of which is attached hereto as Exhibit [L].

40. All correspondence, orders, reports, statements, documents or materials relating to the operation to have several hundred copies of the "Freedom" tabloid (Exhibit L) planted in the building where  Cross-Complainant works on February 11, 1986, during his deposition in the case of Burden v. Church of Scientology.

41. All correspondence, orders, mission orders, reports, telexes, statements, documents or materials relating to an operation or mission in February and March, 1986 involving organization agent, Meryl Dubay, the purpose of which was to "Black PR" Cross-Complainant among plaintiffs and witnesses in various cases against the Organization.

42. All correspondence, orders, reports, statements, documents or materials relating to the photographing of Cross-Complainant's residence on March 21, 1986.

43. All correspondence, orders, reports, statements, documents or materials regarding Cross-Complainant delivered to the Internal Revenue Service in 1985 and 1986.

3:27:15

Exhibit [A] Gerry Armstrong Project
Exhibit [B] Gamboa Debrief 03-12-1984 [.pdf] Exhibit [C] OSA ED INT 19 " Squirrels" 09-29-1984
Exhibit [D] 3) False Authorizations Authorization 11-07-1984
Exhibit [E] Freedom Issue 61 08-1984
Exhibit [F] Freedom Issue 62 10-1984
Exhibit [G] Freedom 04-1985
Exhibit [H] Freedom 05-1985
Exhibit [I] Advertisement in Oregonian 05-30-1985
Exhibit [J] Transcript of Scientology's radio show "Freedom Magazine" 06-11-1985
Exhibit [K] Flyer promoting Scientology's edited version of videotapes.
Exhibit [L] Freedom 02-1986