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Transcript of the Testimony of Mark C. Rathbun Date: December 22, 2014 Case: Luis A

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Transcript of the Testimony of Mark C. Rathbun Date: December 22, 2014 Case: Luis A Transcript of the Testimony of Mark C. Rathbun Date: December 22, 2014 Case: Luis A. Garcia Saz, et al v. Church of Scientology religious Trust, et al Kim Tindall and Associates, LLC Phone: 210-697-3400 Fax: 210-697-3408 Email: [email protected] Internet: www.kimtindallandassociates.com Mark C. Rathbun December 22, 2014 Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LUIS A. GARCIA SAZ and ) MARIA DEL ROCIO BURGOS, ) ) Plaintiff(s), ) ) VS. ) NO. 8:13-CV-220-T27-TBM ) CHURCH OF SCIENTOLOGY ) RELIGIOUS TRUST; CHURCH OF ) SCIENTOLOGY FLAG SERVICE ) ORGANIZATION, INC., ) ) Defendant(s). ) ****************************************************** ORAL AND VIDEOTAPED DEPOSITION OF MARK C. RATHBUN DECEMBER 22, 2014 ****************************************************** ORAL AND VIDEOTAPED DEPOSITION of MARK C. RATHBUN, produced as a witness at the instance of the Defendant(s), and duly sworn, was taken in the above-styled and numbered cause on the 22nd day of December, 2014, from 9:14 a.m. to 5:33 p.m., before Dicie Lee Eytcheson, CSR in and for the State of Texas, reported by machine shorthand, at the law offices of CLEMENS & SPENCER, 112 E. Pecan, Suite 1300, San Antonio, Texas 78205, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 2 1 A P P E A R A N C E S 2 FOR THE PLAINTIFF(S): LUIS A. GARCIA SAZ AND MARIA DEL 3 ROCIO BURGOS 4 MR. THEODORE BABBITT (via Telephone) BABBITT, JOHNSON, OSBORNE & LE CLAINCHE, PA 5 1641 Worthing Road, Suite 100 West Palm Beach, Florida 33409 6 PH: (561)684-2500 7 FOR THE DEFENDANT(S): CHURCH OF SCIENTOLOGY FLAG 8 SERVICE ORGANIZATION, INC. 9 MR. BERT H. DEIXLER (PRO HAC VICE) KENDALL BRILL KLIEGER, LLP 10 10100 Santa Monica Blvd., Suite 1725 Los Angeles, California 90067 11 PH: (310)556-2700 12 The Videographer: 13 LOUIS SOUCIE 14 15 Also Present: 16 SARAH HELLER NEIL LEVIN 17 BEN SHAW PHILLIPE PEDERSEN (via Live Depo) 18 ERIC LIEBERMAN (via Live Depo) GREG SHULMAN (via Live Depo & Telephone) 19 VANESSA WHEELER (via Live Depo) 20 21 * * * * * * 22 23 24 25 Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 3 1 I N D E X 2 PAGE 3 Appearances .............................. 2 4 MARK C. RATHBUN 5 Examination by Mr. Deixler .......... 7 6 Examination by Mr. Babbitt .......... 352 7 Changes and Signature .................... 393 8 Reporter's Certificate ................... 395 9 10 11 E X H I B I T S 12 NO. DESCRIPTION PAGE 13 1 Handwritten notes/letter, 11/30/93 45 14 2 Public Announcement, 10/28/03 81 15 3 Declaration of M. Rathbun, 5/28/13 113 16 4 Declaration of M. Rathbun, 4/29/13 123 17 5 Declaration of M. Rathbun, 9/25/90 249 18 6 Declaration of M. Rathbun, 8/13/91 251 19 7 Declaration of M. Rathbun, 8/26/91 278 20 8 Declaration of M. Rathbun, 1/29/92 285 21 9 St. Petersburg Times article, 6/22/09 293 22 10 Declaration of M. Rathbun, 12/9/13 299 23 11 Affidavit of M. Rathbun, 9/4/13 308 24 12 Correspondence, Judgment in FSO 25 Breach case, 12/31/03 315 Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 4 1 13 Enrollment Agreement, 3/25/86 325 2 14 Enrollment Agreement (not dated) 331 3 15 Enrollment Agreement, 7/25/89 332 4 16 Enrollment Agreement, 8/8/94 334 5 17 Enrollment Agreement, 2/6/02 340 6 18 Enrollment Agreement, 1/13/03 323 7 19 Enrollment Agreement, 4/22/03 323 8 20 Enrollment Agreement, 6/9/03 323 9 21 Enrollment Agreement, 8/10/03 323 10 22 Enrollment Agreement, 4/7/04 323 11 23 Enrollment Agreement, 3/19/06 323 12 24 Enrollment Agreement, 6/8/07 323 13 25 Enrollment Agreement, 8/13/07 323 14 26 Enrollment Agreement, 9/5/07 323 15 27 Enrollment Agreement, 9/13/07 323 16 28 Enrollment Agreement, 11/13/07 323 17 29 Enrollment Agreement, 11/19/07 323 18 30 Enrollment Agreement, 11/26/07 323 19 31 Enrollment Agreement, 12/18/07 323 20 32 Enrollment Agreement, 5/12/08 323 21 33 Enrollment Agreement, 9/15/08 323 22 34 Enrollment Agreement, 9/15/08 323 23 35 Enrollment Agreement, 9/14/07 323 24 36 Enrollment Agreement, 8/21/05 323 25 37 Enrollment Agreement, 10/11/05 323 Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 5 1 38 Enrollment Agreement (not dated) 346 2 39 Enrollment Agreement, 6/28/02 346 3 40 Enrollment Agreement, 1/13/07 346 4 41 Enrollment Agreement, 12/22/07 346 5 6 * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 6 09:14 1 THE VIDEOGRAPHER: Good morning. Today is 2 December 22nd, 2014. The time is 9:14, we are on the 3 record. I'm Louis Soucie, the videographer. Our court 4 reporter is Dicie Eytcheson. We are here in San 09:14 5 Antonio, Texas, for the deposition of Mr. Marty Rathbun 6 in Case No. 8:13-CV-220 T27 TBM to be heard -- to be 7 heard in the United States District Court, Middle 8 District of Florida, Tampa Division, Luis A. Garcia Saz, 9 and wife, Maria Del Rocio Burgos Garcia, Plaintiff(s) 09:14 10 versus The Church of Scientology Religious Trust and 11 Church of Scientology Flag Service Organization, Inc. 12 If counsel would please introduce 13 themselves and whom they represent. 14 MR. DEIXLER: Bert Deixler of Kendall, 09:15 15 Brill & Klieger on behalf of Flag Service Organization, 16 Inc. I'm assisted by Sarah Heller. Would you -- Let's 17 have the persons present also identify themselves. Neil 18 Levin? 19 MR. LEVIN: Neil Levin. 09:15 20 MR SHAW: Ben Shaw. 21 MR. DEIXLER: Okay. 22 THE WITNESS: And who do you represent? 23 MR. DEIXLER: Mr. Babbitt? Mr. Babbitt, 24 are you on? Mr. Babbitt? 09:15 25 Well, I'm told that Ted Babbitt is Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 7 09:15 1 representing the Plaintiffs in the case. He was on the 2 phone. I can't tell whether he's still on or not. We 3 had no response. I think it's time, however, for us to 4 proceed. 09:16 5 Can we begin by swearing witness. 6 MARK C. RATHBUN, 7 having been first duly sworn, testified as follows: 8 EXAMINATION 9 BY MR. DEIXLER: 09:16 10 Q. Good morning, Mr. Rathbun. Mr. Rathbun, do you 11 understand your testimony today is under oath and 12 subject to the penalty of perjury? 13 A. Yes. 14 Q. How did you prepare for your testimony? 09:16 15 A. First, I want to clear something up for the 16 record. My name is Mark -- 17 MR. BABBITT: Hello? Hello? 18 A. My name is Mark Rathbun, M-A-R-K. 19 MR. DEIXLER: Hello. 09:16 20 MR. BABBITT: Hello? 21 A. Not Marty. Marty is a nickname. 22 MR. BABBITT: Hello? Hello? 23 MR. DEIXLER: Yes. Hello. 24 MR. BABBITT: Hi. The videographer's 09:16 25 voice trailed off and then went blank, so I'm back. Kim Tindall and Associates, LLC 16414 San Pedro, Suite 900 San Antonio, Texas 78232 210-697-3400 210-697-3408 2556fc93-a2e4-4160-af80-d8b298391617 Electronically signed by Dicie Eytcheson (301-362-425-8759) Mark C. Rathbun December 22, 2014 Page 8 09:16 1 MR. DEIXLER: Okay. We had introductions. 2 Is this Mr. Babbitt again? 3 MR. BABBITT: It is. 4 MR. DEIXLER: Okay. So Mr. Rathbun has 09:16 5 just been sworn; and my question to him was, how have 6 you prepared for your testimony and he's about to 7 answer. You're up to date. 8 MR. BABBITT: Okay. Let's just hang on 9 just a minute, please. I need a number that I can call 09:17 10 in case this happens again. And I was given the 11 videographer's number but, when I called, the line was 12 busy. So if you could ask the videographer, please, to, 13 whatever he's doing to his phone, clear it so that, in 14 case this happens again, I can notify you that I'm off 09:17 15 the line.
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