SCI
page 2 / 3
consider the logistical problems he faced in trying his case in
Miami without the support services of Lewis, D'Amato, Brisbois &
Bisgaard being available with regard to the dozens of boxes of
documents that will be introduced into evidence in his case.
7. Mr. Fishman had not received Lewis, D'Amato's offers to:
(a) provide him with law library, support and office
services during the trial in Los Angeles;
(b) provide him with accommodations, air transportation
and a per them for food costs during trial in Los Angeles and to the
(0136)
extent plaintiff Scientology failed to do so;
(c) pay for the travel and accommodation of Marjorie
Wakefield to testify at trial in Los Angeles;
(d) take videotaped depositions of so many of the so-
called "Scientology hostile witnesses" in Fort Lauderdale and Miami
who could be subpoenad for deposition;
(e) use their best efforts to find Mr. Fishman a pro bono
trial counsel for a trial in Los Angeles;
(f) file a motion for summary judgment in Los Angeles, in
which Mr. Fishman would join; and
(g) transport his over 50 boxes of evidence to Los
Angeles and store it for him there pending trial and for six months
thereafter.
8. Mr. Fishman had not developed the close working
relationship he now has with Graham E. Berry of Lewis D'Amato as a
result of the Steven Fishman, Jack Fishman, Jamie Lee Nuryev, Keith
Nosetta and Dr. Geertz depositions now being conducted in Fort
Lauderdale, Florida.
9. Mr. Fishman had not realized that the granting of his
motion for change of venue may adversely affect Dr. Geertz's
representation by the Lewis D'Amato firm and threaten the informal
assistance now being received by him from the Lewis, D'Amato firm
including but not limited to receiving copies of all deposition
transcripts, discovery propounded and received that he had not
hitherto been able to afford himself and that plaintiff had been
unwilling to provide him.
(0137)
B. AS TO DEFENDANT GEERTZ:
10. The defense of defendant Dr. Geertz was "stayed" by his
bankruptcy petition until only days before the February 22, 1993
hearing on Fishman's motions. [Scientology has since moved to
reconsider the bankruptcy court's exemption of Dr. Geertz from
personal liability when it partially lifted the stay.)
11. Mark Augustine was originally responsible for handling
this matter on behalf of Lewis, D'Amato. During the pendency of the
automatic stay Mark Augustine resigned from the Lewis D'Amato firm
and was replaced on this matter by Graham Berry.
12. Only hours after the February 22, 1993 continuance of
Fishman's motion, and this court orders that Fishman submit
declarations as to the change of venue, Graham Berry was admitted to
Cedar Sinai Hospital on an emergency basis. During his
hospitalization and recuperation, Mr. Fishman served a new motion
for change of venue (by Federal Express and not first class mail on
Lewis, D'Amato). Due to either mistake or inadvertence, either
Judith Tishkoff, Esq. or her paralegal, failed to ensure that Graham
Berry saw the new motion and failed to ensure that the date for new
opposition papers was properly calendared. Accordingly, at the
March 22, 1993 hearing on Fishman's motion for change of venue,
Graham Berry was not aware that Mr. Fishman had filed new motion
papers now supported by the declaration the court had previously
ordered.
13. Defendant Geertz selected the Lewis, D'Amato law firm as
his counsel partly because of its considerable experience in
handling Scientology litigation. Over $100,000 has been expended on
this defense to date. Transfer of the case to Florida would mean
(0138)
either:
(a) the appointment of replacement counsel at enormous cost
and expense and the loss of Lewis, D'Amato's general expertise and
acquired knowledge in this case, or
(b) the appointment of unnecessarily expensive and duplicative
Miami co-counsel.
14. If defendant Geertz's counsel (Lewis, D'Amato) has to try
this case in Miami instead of Los Angeles:
(a) over 80 boxes of documents in this case will have to be
transported and accommodated in Miami;
(b) selected boxes of documents from over 200 boxes of
documents acquired from other Scientology cases will have to be
transported and accommodated in Miami;
(c) document handling and logistical support services would
have to be specially hired in Miami;
(d) The cost of trying this case will vastly exceed the
$300,000 already projected because of the travel and accommodation