Case 8:13-cv-00220-JDW-TBM Document 278 Filed 02/28/18 Page 1 of 3 PageID 4946

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

LUIS A. GARCIA SAZ and Wife,

MARIA DEL ROCIO BURGOS
GARCIA,

Plaintiffs, CASE NO: 8:13-CV-220-T27 TBM

vs.

CHURCH OF SCIENTOLOGY FLAG

SERVICE ORGANIZATION, INC., and
CHURCH OF SCIENTOLOGY FLAG SHIP
SERVICE ORGANIZATION, INC.,
Defendants.
/

MOTION FOR LEAVE TO FILE REPLY TO DEFENDANTS’ OPPOSITION TO

MOTION TO VACATE ARBITRATION AWARDS

The Plaintiffs, LUIS A. GARCIA SAZ and MARIA DEL ROCIO BURGOS GARCIA, under

M.D. Fla. Rule 3.01(d), file this Motion for Leave to File Reply to the Church’s1 Opposition to

Motion to Vacate Arbitration Award (DE 275), and Notice of Filing Properly Marked Exhibits (DE

276). Both of these documents include an exhibit, A(3), that the Plaintiffs have never seen before

titled, “Religious Arbitration Instructions,” and dated October 23, 2017, the day before the arbitration

began (DE 275-4 at 1-2; DE 276-4 at 1-2). Fundamental fairness requires that the Plaintiffs be

allowed to file a 5-page reply to respond to this new document.

1. The Church claims that exhibit A(3) is the instructions the International Justice Chief

(“IJC”) Mike Ellis gave to the arbitration panel orally and in writing (DE 275 at 11-12 & DE 275-1

at 2). The IJC’s declaration asserts, “These instructions include the requirement that the arbitrators

1
The Defendants, the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION,
INC. and the CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION, INC., will
be referred to collectively as “the Church.” All emphasis is supplied unless otherwise indicated.

1
Case 8:13-cv-00220-JDW-TBM Document 278 Filed 02/28/18 Page 2 of 3 PageID 4947

are to apply Scientology principles to the Garcias’ claims in a neutral and fair manner.” (DE 276-1

at 2).

2. The Plaintiffs never saw these instructions. The IJC did not allow the Plaintiffs to be

present when he “hatted,” or trained, the arbitration panel by giving them extensive documents and

policies to review (DE 272 at 6, 8, 10, 21). The only instruction the IJC gave the arbitrators in the

Plaintiffs’ presence was that the only issue for the panel was whether the Plaintiffs filled out a CVB

form to request a refund (DE 272-3 at 11).

3. Before the arbitration, the Church assured this Court that whether the Plaintiffs requested

a refund by filling out a form with the Church’s Claims Verification Board (CVB) would not be

dispositive of the issues in this suit (Id. at 3, 14). In direct contradiction to the Church’s

representation to this Court, the written instructions tell the arbitration panel that the only issue to be

decided is whether the Plaintiffs followed the CVB procedure to request a refund (DE 276-4 at 1).

4. Far from instructing the arbitration panel to be fair and neutral, the instructions use

obscure jargon to hide that Suppressive Persons cannot get a fair arbitration (DE 276-4 at 1-2). At a

minimum, an evidentiary hearing is required to determine their meaning and impact on the

arbitration panel.

Theodore Babbitt, counsel for the Plaintiffs, certifies that he has conferred with opposing

counsel, F. Wallace Pope, Jr., and the parties cannot agree on the resolution of this motion.

DATED: This 28th day of February, 2018.

By: /s/ Theodore Babbitt

Theodore Babbitt
Fla. Bar No: 091146
Babbitt & Johnson, P.A.
P. O. Box 4426
West Palm Beach, FL 33402-4426
T: (561) 684-2500; F: 561-684-6308
tedbabbitt@babbitt-johnson.com

2
Case 8:13-cv-00220-JDW-TBM Document 278 Filed 02/28/18 Page 3 of 3 PageID 4948

CERTIFICATE OF SERVICE

I hereby certify that, on February 28, 2018, we electronically filed the foregoing document

with the Clerk of the Court using CM/ECF. We also certify that the foregoing document is being

served this day on all counsel or pro se parties identified below in the manner specified, either via

transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized

manner for those counsel or parties who are not authorized to receive electronically Notices of

Electronic Filings.

F. Wallace Pope, Jr., Esq. Eric M. Lieberman

FBN: 124449 NYBN: 105543
Robert Vernon Potter, Esq. Rabinowitz, Boudin, Standard, Krinsky &
FBN: 363006 Liberman, P.C.
Johnson Pope Bokor Ruppel & Burns, LLP 45 Broadway, Suite 1700
911 Chestnut Street New York, NY 10006
Clearwater, FL 33757 Phone: (212) 254-1111; Fax: (212) 674-4614
Phone: (727) 461-1818; Fax: (727) 462-0365 E-mail: elieberman@rbskl.com
E-mail: wallyp@ipfirm.com Counsel for Flag Church & Ship Church
bobp@jpfirm.com
Counsel for Flag Church & Ship Church

Jane Kreusler-Walsh Ronald Weil

Fla. Bar No: 272371 Fla. Bar No: 169966
Rebecca Mercier Vargas Weil Law Firm, P.A.
Fla. Bar No: 0150037 Southwest Financial Center, Suite 900
Kreusler-Walsh, Vargas & Serafin, P.A. 200 South Biscayne Blvd.
501 South Flagler Drive, Suite 503 Miami, FL 33131
West Palm Beach, FL 33401-5913 T: (305) 372-5352; F: (305) 372-5355
T: (561) 659-5455; F: (561) 820-8762 E-mail: rweil@weillawfirm.net
E-mail: janewalsh@kwvsappeals.com Counsel for Plaintiffs
rvargas@kwvsappeals.com
Counsel for Plaintiffs

By: /s/ Theodore Babbitt

Theodore Babbitt
Fla. Bar No: 091146