Defendant's Request For Extension Of Time To File Opposition To Motion For Summary Judgment; Declaration Of Gerry Armstrong In Support
CSI v. Gerald Armstrong, Robert Minton, Lisa McPherson TrustGERRY 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: March 16, 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 March 16, 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 March 16, 2004. Because of extraordinary circumstances beyond my control it is impossible for me to complete my opposition and require at least a month more time.
3. I made any earlier request for an extension of time to respond to Scientology’s summary judgment motion based on that fact that I had just moved from Germany to Canada and had not received
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my computer, documents and other items necessary to complete my opposition that were being shipped separately. This request was granted and the hearing on the motion was set for March 16, 2004.
4. Yesterday I received an e-mail from the German company handling the shipment of my belongings that states:
To: "'gerry@gerryarmstrong.org'" <gerry@gerryarmstrong.org>
Subject: Your shipment to Chilliwack/ CanadaDear Mrs Letkeman, dear Mr. Armstrong,
please note, that the shipping company made a mistake and did interchange your shipment at port of departure with another one that was signed with "Armstrong" also. So your shipment was sent to [another city in another country] first.
We did contact them and demanded a letter written in English which confirms that they made
the mistake.
I will send you this letter as soon as I receive it.
And I will send you the new shipping dates as soon as possible.In case you have some questions, do not hesitate to contact us.
Kind regards,
[name]
[company]
[network]
Tel.: +49 [ ]
Fax.: +49 [ ]
[E-mail address]
5. The “Mrs Letkeman” referred to in the above e-mail is Caroline Letkeman, my fiancée, who, like me, is a target of Scientology fair game and the organization’s notorious Suppressive Person doctrine.
6. For obvious security reasons, I have deleted from the e-mail quoted above the name of the shipping company, its agent and the contact information, as well as the name of the city where our belongings are being sent by “mistake.”
7. I, of course, find this “interchange” of Ms. Letkeman’s and my shipment with the shipment of someone else being sent to a completely different port and country unbelievable, and I am conducting an investigation as possible to get to the bottom of this matter and insure the security of our belongings.
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8. I was originally told by the shipping company representative that the shipment of Ms. Letkeman’s and my belongings would take two to three weeks from door to door, from January 16 when it was placed in the shipping company’s hands, and therefore I expected to receive the shipment before now. It is impossible as yet to determine when we will receive our shipment, which, clearly, is very vulnerable.
9. As is well known, and must be known to this Court, Scientology is in essence a global intelligence agency and operation, a massive part of which involves the collection of intelligence on the organization’s declared “enemies,” both by lawful and by unlawful means. In the 1980’s, eleven of the Scientology organization’s intelligence personnel, including Mary Sue Hubbard, the wife of the unindicted co-conspirator Scientology founder L. Ron Hubbard, were prosecuted and imprisoned for burglarizing, infiltrating and stealing documents from U.S. Federal buildings and agencies, including the United States Courthouse and the Justice Department. Scientology itself and several of its agents were successfully prosecuted in Canada for intelligence activities against the government, involving infiltrating and stealing documents from buildings and departments of the Canadian federal and provincial governments, including police agencies. Two subsequently departed Scientology executives who had worked closely with organization leader David Miscavige have independently testified that Miscavige announced to them that he personally possessed a set of documents that were stolen from the trunk of my car which was broken into by organization agents in Los Angeles in 1984. Miscavige and his intelligence apparatus are paranoid, and obsessive about getting their hands on documents and materials that give them stats, give them a secret look into people’s secrets, an invasion of these people’s privacy, and an ever so clever advantage in the war against their “enemies.”
10. Scientology has considered me a Suppressive Person for twenty-two years. The cultists have spent millions of dollars to crush me, to silence me, to conspire and to act to strip me of my rights and privileges secured to me by the U.S. Constitution and laws in violation of 18 U.S.C. §241.
This organization has an intelligence means and a monumental motive to engineer a switcheroo in some warehouse in Germany to get their hands on my belongings, not because these things really contain a key piece of intelligence that will solve their Gerry Armstrong problem, or because there’s any evidence of any wrong doing by which the organization intelligence personnel can manufacture some charge or
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other, but because these things are my belongings, they’re what I need to defend myself, and they’re what gives the Miscavige regime a villainous invasion of Caroline Letkeman’s and my privacy.
11. There is, obviously too, the possibility that this is an op involving a different set of assets of the U.S. intelligence community, but who or what is involved does not have to be known for the Court to simply recognize that Ms. Letkeman’s and my shipment of our personal effects has for some as yet unknown reason been sent by the wrong ship to the wrong port in the wrong country, that this “mistake” was not engineered by me to gain me a little more time to delay the inevitable crushing by Scientology and its summary judgment motion, and that I do in truth need at least another month to insure that the computers and documents needed to complete my opposition do safely arrive. I think it is obvious from everything I’ve written that has been filed in the Marin Superior Court that I believe that Scientology’s summary judgment motion is a criminal act in a colossal criminal conspiracy, and that there is no lawful way under the sun that this motion that would deny me a trial can be granted.
12. Perhaps the hearing date can be set in the week of April 19 to 23.
13. I today e-mailed Scientology lawyer Andrew Wilson and his office requesting an agreement to a month extension, and have not heard back from him.
“Dear Mr. Wilson:
Because of a claimed "mistake" by the shipping company or companies handling the shipment of the belongings of Caroline Letkeman and myself, including what I need to complete my opposition to Scientology's summary judgment, our shipment has been sent to another port in another country. Obviously, I suspect that this is no "mistake" and that the people who seek my obliteration pursuant to their policy are involved. I am, of course, investigating as feasible, and making whatever security arrangements are possible to protect our belongings. I have no guarantee when our shipment will be reshipped to us, but I will require at least another month extension for completing my opposition to the
summary judgment motion. I must send my request to the Marin Court right away, so please let me know
immediately if you will agree to an extension of a month.
Yours sincerely,
Gerry Armstrong”
I have no choice therefore but to get this request to the court and seek Mr. Wilson’s and Scientology’s agreement to the extension later.
12. Scientology stated in their previous response to my previous request for an extension to file my opposition to Scientology’s summary judgment motion:
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“Plaintiff is mindful of the position the Court is placed in when a pro per defendant seeks additional time to assert what he claims are meritorious defenses. For that reason, and because Plaintiff is confident that it will prevail on this motion and does not wish to open the door to a charge that there were legitimate arguments which the Court did not consider because it did not accede to Mr. Armstrong’s request.”
I do not believe that a pro per defendant who seeks additional time to assert what he claims are meritorious defenses places any Court in a position any different from the position in which any Court is placed by a non- pro per defendant who seeks additional time to assert what he claims are meritorious defenses. Perhaps the non- pro per litigant is a multicorporational pernicious cult with a billion dollars and an army of lawyers to assert what they claim are meritorious defenses. If there really is a particular position that this Court believes pro per defendants put it in when they seek additional time to assert what they claim are meritorious defenses, when in an unbiased mind there would no difference between the requests of pro per defendants and the requests of non- pro per defendants for additional time to assert what they claim are meritorious defenses, then this Court should examine its position and scratch its bias.
13. In support of my claim that I possess meritorious defenses to the Scientology cult’s claims in its complaint and its arguments in its summary judgment motion, I am appending hereto as Exhibit A a true and correct copy of the first eighty-six pages of my complaint report to the Justice Department concerning this criminal conspiracy in which this Court, its earlier Injunction, Judgment, contempt orders and arrest warrants against me, and the present lawsuit and the pending summary judgment motion are parts. This section of my report also provides a number of my meritorious defenses that Scientology seeks to dispose of quietly and without sorrow by summary judgment. The final part of my complaint report provides a history of what has occurred since the December 1986 “settlement” underlying Scientology’s complaint, Scientology’s post-“settlement” fair game acts in execution of its Suppressive Person doctrine, and the facts that lead to the conclusion that this court in the person of ex-Judge Gary W. Thomas unlawfully abetted Scientology’s conspiracy to injure, oppress, threaten and intimidate me in my free exercise and enjoyment of my rights and privileges secured to me by the U.S. Constitution and laws, in violation of 18 U.S.C. §242, “deprivation of rights under color of
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law.” I ask that this Court read what I have written in my complaint report, to apply it to this civil rights case now before this Court, and to call, as this Court is empowered to do, for an investigation of Judge Thomas’s actions in this case in response to the charges I am making herein and in the complaint report.
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 11th day of February 2004 at Chilliwack, B.C., Canada.
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 ___________________________2004
Date:_______________________________
____________________________________
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 February 11, 2004 at Chilliwack, B.C., Canada.
[Signed] Caroline Letkeman |