Newsgroups: alt.religion.scientology,alt.activism,alt.2600,comp.org.eff.talk,misc.legal
From: hkk@netcom.com (Helena Kobrin)
Subject: Temporary Restraining Order Against Grady Ward and Scamizdat
Message-ID: <hkkDooL0o.oz@netcom.com>
Date: Fri, 22 Mar 1996 18:07:35 GMT
Lines: 477

                       NOTICE TO READERS:

     On March 6, 1996, Grady Ward posted a message to the
Internet soliciting a "NOTs pack."  In a later posting, Ward
indicated his intention for SCAMIZDAT to post the contents of
that pack to this and the other newsgroups this message has been
cross-posted to.  SCAMIZDAT has made similar threats.  The
materials known as New Era Dianetics for Operating Thetans, or
"NOTs" are confidential, unpublished works, protected by both
copyright and trade secret law.  

     The purpose of this posting is to inform you that on March
21, 1996 at 5:12 p.m., Judge Ronald M. Whyte of the United States
District Court for the Northern District of California issued the
following Temporary Restraining Order against Ward and SCAMIZDAT
prohibiting them and anyone in active concert or participation
with them from, among other things, acquiring, reproducing,
displaying these materials.  The full text of this Temporary
Restraining Order is below.

     Pursuant to Rule 65(d) of the Federal Rules of Civil
Procedure the form and scope of Injunction or Restraining Order
are:

     Every order granting an injunction and every
     restraining order shall set forth the reasons for its
     issuance; shall be specific in terms; shall describe in
     reasonable detail, and not by reference to the
     complaint or other document, the act or acts sought to
     be restrained; and is binding only upon the parties to
     the action, their officers, agents, servants,
     employees, and attorneys; and upon those persons in
     active concert or participation with them who receive
     actual notice of the order by personal service or
     otherwise.

     By this electronic communication, you are being formally
placed on notice of the above order and its terms.  As Ward and
SCAMIZDAT have solicited copies of the NOTs materials, your
attention is specifically called to the fact that the order
specifically prohibits, among other things, the acquisition of
the NOTs materials.  


Thomas R. Hogan, SBN 042048
THE LAW OFFICES OF THOMAS R. HOGAN
60 South Market Street, Suite 1125
San Jose, CA  95113-2332
(408) 292-7600

Roger M. Milgrim
William M. Hart
PAUL, HASTINGS, JANOFSKY & WALKER
399 Park Avenue Thirty-first floor
New York, New York  10022-4697
(212) 318-6000

Helena K. Kobrin, SBN 152546
7629 Fulton Avenue
North Hollywood, CA 91605
(213) 960-1933

Attorneys for Plaintiff
RELIGIOUS TECHNOLOGY CENTER

                  UNITED STATES DISTRICT COURT

                 NORTHERN DISTRICT OF CALIFORNIA

RELIGIOUS TECHNOLOGY CENTER, a     )  CASE NO. 96-20207 RMW
California non-profit              )
corporation,                       )  TEMPORARY RESTRAINING ORDER
                                   )  AND ORDER TO SHOW CAUSE RE:
          Plaintiff,               )  PRELIMINARY INJUNCTION
                                   )
     v.                            )
                                   )
GRADY WARD, an individual,         )
                                   )
          Defendant.               )
___________________________________)

     To Defendant GRADY WARD, his officers, agents, servants,
employees, and attorneys, and to those persons in active concert
or participation with him, including, but not limited to
SCAMIZDAT:
     Upon reading the Complaint on file in this action, the Ex
Parte Application for a Temporary Restraining Order and for Order
to Show Cause Re Preliminary Injunction, the Memorandum of Points
and Authorities, and the Declarations of Helena K. Kobrin and
Warren McShane and Exhibits in support thereof, it appears to the
satisfaction of this Court that there is good cause, and this is
a proper case, for granting a temporary restraining order. 
Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure,
the Court finds as follows:
     1.   Plaintiff has established that it is probable that
plaintiff will prevail at trial on the merits of their claims for
relief against defendant; and
     2.   There is a likelihood that plaintiff will be
irreparably injured if this temporary restraining order is not
granted; or
     3.   Plaintiff has raised serious questions; and
     4.   The balance of hardship tips sharply in plaintiff's
favor in that the hardship to defendant if this temporary
restraining order is granted is outweighed by the hardship to
plaintiff if it is not granted.
     YOU ARE HEREBY ORDERED TO SHOW CAUSE at 9:00 a.m. on March
29, 1996, or as soon thereafter as counsel may be heard in the
courtroom of the Honorable Ronald M. Whyte, located at 280 South
First Street, San Jose, California 95113, why you, your agents,
servants, employees, partners, privies and attorneys, and all
persons acting or purporting to act under your authority,
direction or control, and all persons in active concert or
participation with you, or acting on your behalf, including, but
not limited to SCAMIZDAT, having advance notice of this Order
should not be enjoined during the pendency of this action from:
     1.   directly or indirectly, in whole or in part,
          publishing, reproducing, distributing, performing, or
          creating derivative works based upon the works listed
          in Exhibit C to the Complaint, also attached hereto
          ("Exhibit C Works"), or any of them, in any media now
          known or hereafter developed in any time, place or
          fashion, and in particular, from engaging in any such
          acts in, on, or in connection with any computer,
          database, information service, electronic bulletin
          board service, network, storage facility, or archives,
          or other electronic or computer device, service,
          network or facility, including, without limitation, the
          transmitting or loading of any such materials onto, or
          downloading any copies thereof from any such device,
          service, network or facility and that all such copies
          which defendant, his agents, servants, employees,
          partners, privies, and attorneys and those in active
          concert or participation with them have caused to be
          copied or copied onto any such device, service,
          network, or facility be removed.
     2.   directly or indirectly, engaging in the further
          unauthorized disclosure, or display, of the Exhibit C
          Works, or portions thereof (excluding for purposes of
          this Order only NOTs Series issues 1, 24, 34, 35, 36
          and 42 which are also the subject of other pending
          litigation), and specifically from disclosing,
          displaying, transmitting or otherwise loading any of
          the Advanced Technology materials, or portions thereof,
          in any media now known or hereafter developed in any
          time, place or fashion, or onto any computer, database,
          information service, electronic bulletin board service,
          network, storage facility, or archives, or other
          electronic or computer device, service, network or
          facility and that all such copies which defendant, his
          agents, servants, employees, partners, privies, and
          attorneys and those in active concert or participation
          with them have caused to be copied or copied onto any
          such device, service, network, or facility be removed;
     3.   directly or indirectly, engaging in the further
          unauthorized solicitation and/or acquisition, the
          Exhibit C Works, or portions thereof (excluding for
          purposes of this Order only NOTs Series issues 1, 24,
          34, 35, 36 and 42 which are also subject to other
          pending litigation), and specifically from soliciting,
          acquiring, seeking to acquire, or otherwise downloading
          any of the Advanced Technology materials, or portions
          thereof (excluding for purposes of this Order only NOTs
          Series issues 1, 24, 34, 35, 36 and 42 which are also
          subject to other pending litigation), from any media
          now known or hereafter developed in any time, place or
          fashion, or from any computer, database, information
          service, electronic bulletin board service, network,
          storage facility, or archives, or other electronic or
          computer device, service, network or facility and that
          all such copies which defendant, his agents, servants,
          employees, partners, privies, and attorneys and those
          in active concert or participation with them have
          caused to be copied or copied from any such device,
          service, network, or facility be removed;
     4.   directly or indirectly destroying, altering or
          concealing, or in any way disposing of, any
          reproduction, copy, facsimile, excerpt, or derivative
          of any work of L. Ron Hubbard that is in defendant's
          possession, custody or control, in whole or in part, 
          including, but not limited to, those materials located
          in any so-called "off-site" storage areas, electronic
          or otherwise, or otherwise despoiling or causing the
          despoliation, or alteration of any evidence, in whole
          or in part, in any form, place or media relating to
          defendant's conduct complained of in this action; and
     5.   causing or inducing any other person to engage in any
          of the foregoing prohibited acts; and,
     6.   filing with the Court, except under seal, any documents
          that contain any of the Advanced Technology.
     PENDING HEARING on the above Order to Show Cause, you, your
agents, servants, employees, partners, privies and attorneys, and
all persons acting or purporting to act under your authority,
direction or control, and all persons in active concert or
participation with you, or acting on your behalf, including, but
not limited to SCAMIZDAT, having advance notice of this order ARE
HEREBY RESTRAINED AND ENJOINED from:
     1.   directly or indirectly, in whole or in part,
          publishing, reproducing, distributing, performing, or
          creating derivative works based upon, the Exhibit C
          Works, or any of them, in any media now known or
          hereafter developed in any time, place or fashion, and
          in particular, from engaging in any such acts in, on,
          or in connection with any computer, database,
          information service, electronic bulletin board service,
          network, storage facility, or archives, or other
          electronic or computer device, service, network or
          facility, including, without limitation, the
          transmitting or loading of any such materials onto, or
          downloading any copies of them from any such device,
          service, network or facility and that all such copies
          which defendant, his agents, servants, employees,
          partners, privies, and attorneys and those in active
          concert or participation with them have caused to be
          copied or copied onto any such device, service,
          network, or facility be removed.  Nothing in this
          paragraph 1 shall be construed to prohibit fair use of
          such works, as set forth in 17 U.S.C.  107.
     2.   directly or indirectly, engaging in the further
          unauthorized disclosure, or display, of the Exhibit C
          Works, or portions thereof (excluding for purposes of
          this Order only NOTs Series issues 1, 24, 34, 35, 36
          and 42 which are also the subject of other pending
          litigation), and specifically from disclosing,
          displaying, transmitting or otherwise loading any of
          the Advanced Technology materials, or portions thereof
          (excluding for purposes of this Order only NOTs Series
          issues 1, 24, 34, 35, 36 and 42 which are also the
          subject of other pending litigation), in any media now
          known or hereafter developed in any time, place or
          fashion, or onto any computer, database, information
          service, electronic bulletin board service, network,
          storage facility, or archives, or other electronic or
          computer device, service, network or facility and that
          all such copies which defendant, his agents, servants,
          employees, partners, privies, and attorneys and those
          in active concert or participation with them have
          caused to be copied or copied onto any such device,
          service, network, or facility be removed.  (The fair
          use defense is not applicable to this paragraph, as it
          is based upon plaintiff's contention that the documents
          are protectable as trade secrets.)
     3.   directly or indirectly, engaging in the further
          unauthorized solicitation and/or acquisition, of the
          Exhibit C Works, or portions thereof (excluding for
          purposes of this Order only NOTs Series issues 1, 24,
          34, 35, 36 and 42, which are also the subject of other
          pending litigation), and specifically from soliciting,
          acquiring, seeking to acquire, or otherwise downloading
          any of the Advanced Technology materials, or portions
          thereof (excluding for purposes of this Order only NOTs
          Series issues 1, 24, 34, 35, 36 and 42 which are also
          the subject of other pending litigation), from any
          media now known or hereafter developed in any time,
          place or fashion, or from any computer, database,
          information service, electronic bulletin board service,
          network, storage facility, or archives, or other
          electronic or computer device, service, network or
          facility and that all such copies which defendant, his
          agents, servants, employees, partners, privies, and
          attorneys and those in active concert or participation
          with them have caused to be copied or copied from any
          such device, service, network, or facility be removed;
     4.   directly or indirectly destroying, altering or
          concealing, or in any way disposing of, any
          reproduction, copy, facsimile, excerpt, or derivative
          of any work of L. Ron Hubbard that is in defendant's
          possession, custody or control, in whole or in part, 
          including, but not limited to, those materials located
          in any so-called "off-site" storage areas, electronic
          or otherwise, or otherwise despoiling or causing the
          despoliation, or alteration of any evidence, in whole
          or in part, in any form, place or media relating to
          defendant's conduct complained of in this action; and
     5.   causing or inducing any other person to engage in any
          of the foregoing prohibited acts; and, 
     6.   filing with the Court, except under seal, any documents
          that contain any of the Advanced Technology.
     The above Temporary Restraining Order is effective on
Plaintiff's filing an undertaking in the sum of $10,000.  This
Order to Show Cause and supporting papers must be served on
Defendant no later than Friday, March 22, 1996, and proof of
service shall be filed no later than March 27, 1996.  Any
response or opposition to this Order to Show Cause must be filed
and personally served on Plaintiff's counsel no later than March
27, 1996, and proof of service shall be filed no later than March
27, 1996.

DATED:        3/21/96                      Ronald M. Whyte       
          
                                   UNITED STATES DISTRICT JUDGE

        Issued on 3/21/96 at 5:12 p.m.
                              Ronald M. Whyte


                            EXHIBIT C


NOTs Series                                  Registration Number

HCOB 15 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 1

HCOB 15 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 2

HCOB 15 SEPTEMBER 1978 ISSUE III             TXu 257 326
NED FOR OTS SERIES 3

HCOB 26 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 4

HCOB 26 SEPTEMBER 1978 ISSUE I               TXu 257 326
ATTACHMENT #1

HCOB 26 SEPTEMBER 1978 ISSUE I               TXu 257 326
ATTACHMENT #2

HCOB 22 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 5

HCOB 17 SEPTEMBER 1978 ISSUE V               TXu 257 326
NED FOR OTS SERIES 6

HCOB 17 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 7

HCOB 30 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 8

HCOB 15 SEPTEMBER 1978R ISSUE IV             TXu 257 326
NED FOR OTS SERIES 9R  REVISED
13 FEBRUARY 1981

HCOB 16 SEPTEMBER 1978 ISSUE IV              TXu 257 326
NED FOR OTS SERIES 10

HCOB 30 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 11

HCOB 16 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 12

HCOB 30 SEPTEMBER 1978 ISSUE III             TXu 257 326
NED FOR OTS SERIES 13

HCOB 17 SEPTEMBER 1978 ISSUE III             TXu 257 326
NED FOR OTS SERIES 14

HCOB 21 SEPTEMBER 1978                       TXu 257 326
NED FOR OTS SERIES 15

HCOB 17 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 16

HCOB 28 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 17

HCOB 20 SEPTEMBER 1978 ISSUE IV              TXu 257 326
NED FOR OTS SERIES 18

HCOB 23 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 19

HCOB 28 SEPTEMBER 1978                       TXu 257 326
NED FOR OTS SERIES 20

HCOB 26 SEPTEMBER 1978 ISSUE III             TXu 257 326
NED FOR OTS SERIES 21

HCOB 26 SEPTEMBER 1978 ISSUE IV              TXu 257 326
NED FOR OTS SERIES 22

HCOB 28 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 23

HCOB 28 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 24

HCOB 28 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 25

HCOB 28 SEPTEMBER 1978R ISSUE I              TXu 257 326
REVISED 2 MARCH 1979
NED FOR OTS SERIES 26R

HCOB 1 NOVEMBER 1978 ISSUE II                TXu 257 326
NED FOR OTS SERIES 27

HCOB 4 OCTOBER 1978                          TXu 257 326
NED FOR OTS SERIES 28

HCOB 4 OCTOBER 1978 ATTACHMENT               TXu 257 326

HCOB 5 OCTOBER 1978                          TXu 257 326
NED FOR OTS SERIES 29

HCOB 26 SEPTEMBER 1978 ISSUE II              TXu 257 326
NED FOR OTS SERIES 30

HCOB 16 SEPTEMBER 1978 ISSUE III             TXu 257 326
NED FOR OTS SERIES 31

HCOB 29 OCTOBER 1978 ISSUE II                TXu 257 326
NED FOR OTS SERIES 32

HCOB 11 NOVEMBER 1978                        TXu 257 326
NED FOR OTS SERIES 33

HCOB 14 NOVEMBER 1978                        TXu 257 326
NED FOR OTS SERIES 34

HCOB 29 OCTOBER 1978 ISSUE III               TXu 257 326
NED FOR OTS SERIES 35

HCOB 22 SEPTEMBER 1978 ISSUE I               TXu 257 326
NED FOR OTS SERIES 36

HCOB 27 OCTOBER 1978                         TXu 257 326
NED FOR OTS SERIES 37

HCOB 7 NOVEMBER 1978                         TXu 257 326
NED FOR OTS SERIES 38

HCOB 29 OCTOBER 1978 ISSUE I                 TXu 257 326
NED FOR OTS SERIES 39

HCOB 15 NOVEMBER 1978                        TXu 257 326
NED FOR OTS SERIES 40

HCOB 11 DECEMBER 1978 ISSUE I                TXu 257 326
NED FOR OTS SERIES 41

HCOB 11 DECEMBER 1978 ISSUE II               TXu 257 326
NED FOR OTS SERIES 42

HCOB 31 JANUARY 1979                         TXu 257 326
NED FOR OTS SERIES 43

HCOB 9 FEBRUARY 1979 ISSUE II                TXu 257 326
NED FOR OTS SERIES 44

HCOB 10 FEBRUARY 1979                        TXu 257 326
NED FOR OTS SERIES 45

HCOB 22 FEBRUARY 1979                        TXu 257 326
NED FOR OTS SERIES 46

HCOB 27 OCTOBER 1978                         TXu 257 326
NED FOR OTS SERIES 47

HCOB 20 DECEMBER 1978                        TXu 257 326
NED FOR OTS SERIES 48

HCOB 12 JANUARY 1979                         TXu 257 326
NED FOR OTS SERIES 49

HCOB 30 JANUARY 1979                         TXu 257 326
NED FOR OTS SERIES 50

HCOB 31 JANUARY 1980                         TXu 257 326
NED FOR OTS SERIES 51

HCOB 24 MAY 1980                             TXu 257 326
NED FOR OTS SERIES 52

HCOB 26 MAY 1980                             TXu 257 326
NED FOR OTS SERIES 53

HCOB 14 FEB 1981                             TXu 257 326
NED FOR OTS SERIES 54

HCOB 22 DEC 1979                             TXu 257 326
REISSUED 20 SEPT 1980
QUAL CORRECTIVE ACTIONS ON
OTS SERIES 29


