Dandar v. Church of Scientology Flag Service Organization, Inc.

24 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 72566, 2014 WL 2215839
CourtDistrict Court, M.D. Florida
DecidedMay 28, 2014
DocketCase No. 8:12-cv-2477-T-33EAJ
StatusPublished
Cited by5 cases

This text of 24 F. Supp. 3d 1181 (Dandar v. Church of Scientology Flag Service Organization, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dandar v. Church of Scientology Flag Service Organization, Inc., 24 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 72566, 2014 WL 2215839 (M.D. Fla. 2014).

Opinion

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

This cause comes before the Court pursuant to the United States Court of Appeals for the Eleventh Circuit’s Opinion issued December 19, 2013 (Doc. # 74), and Mandate issued January 22, 2014 (Doc. # 75). The parties filed their briefs in this matter on February 14, 2014 (Doc. ## 81, 82), and the Court held a hearing on May 19, 2014 (Doc. # 90). In accordance with the Eleventh Circuit’s instruction, the present Order reconsiders the disposition of Counts I and II of Dandar’s second amended complaint in light of Sprint Communications, Inc. v. Jacobs, — U.S. -, 134 S.Ct. 584, 187 L.Ed.2d 505 (2013). For the reasons that follow, the Court finds that abstention remains appropriate.

I. Background

A. The Alleged Conspiracg

Beginning in 1997, Plaintiff Kennan Dandar represented the Estate of Lisa McPherson in a wrongful death action against Defendant Church of Scientology Flag Service Organization 'in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida. (Doc. #45 at ¶22). Dandar alleges that Defendant David Miscavige, who Dandar describes as “the worldwide supreme leader over all Scientology entities,” (id. at ¶ 19), retained Defendant Johnson Pope Bokor Ruppel & Burns LLP in the McPherson case “due to [the law firm’s] political connections in Clearwater and Pinellas County” (id. at ¶ 24).

The presiding judge in the McPherson matter, the Honorable Robert Beach, though not joined as a defendant in this action, is alleged to have conspired with the private Defendants to violate Dandar’s “rights under the First, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.” (Id. at ¶ 79). Dandar claims that “Scientology’s counsel, after meeting many times with Judge Beach ex parte to gather’ sympathy for Scientology in the wrongful death case, defamed Dandar in his business reputation and goodwill, and pursuant to a game plan previously concocted by ... Miscavige and Scientology, convinced Judge Beach to contrive a defective and illegal procedure ... to make the McPherson case go away by simply removing Dandar as counsel for the Estate in the wrongful death case.” (Id. at ¶28). Judge Beach allegedly “joined in this plan and agreed to remove Dandar as lead counsel for the McPherson estate.” (Id.).

Despite having been removed as lead counsel, Dandar appeared at the May 26, 2004, mediation conference scheduled in the McPherson action. (Id. at ¶ 33). According to Dandar, “Scientology, through Pope, refused to mediate the McPherson wrongful death case, and instead insisted on a ‘global settlement conference’ encompassing not only the court ordered mediation for the McPherson case, but also the myriad of cases brought by Scientology and related entities against Dandar, Dell Liebreich, or the estate.” (Id.). During the mediation, “Dandar agreed to a global settlement, releasing any claim he had against Scientology at that time ... by executing a Release ... so that the Estate of Lisa McPherson could go forward with a settlement.” (Id.). Also at the conference, Dandar ultimately signed (though, Dandar insists, not in his individual capacity, but rather as “counsel”) a settlement agreement including a provision the par[1184]*1184ties refer to as the “disengagement clause,” which provides, in relevant part:

The McPherson Parties agree to a full, permanent disengagement from the Scientology Parties, including no further anti-Scientology activity, and no involvement in any adversarial proceedings of any description against the Scientology Parties under any circumstances at any time.

(Id. at ¶ 37).

Dandar, his law partner Thomas J. Dan-dar, and their law firm, Dandar & Dandar, P.A., were included within the settlement agreement’s definition of “the McPherson Parties.” (Id. at ¶ 34). “The McPherson case was dismissed on June 8, 2004, by the filing of a Joint Voluntary Dismissal With Prejudice.” (Id. at ¶ 36).

Nearly five years later, on February 13, 2009, Dandar filed another wrongful death action against Scientology, this time on behalf of the Estate of Kyle Brennan, in the United States District Court for the Middle District of Florida. (Id. at ¶ 40). In response to Dandar’s perceived breach of the settlement agreement, “Defendants filed a motion [to enforce the settlement agreement] in the closed case of McPherson.” (Id. at ¶ 43).

Dandar contends that, “as part of the conspiracy with Defendants,” Judge Beach held that the disengagement provision “prohibited Dandar’s representation of the Brennan Estate in federal court, and that this prohibition was enforceable.” (Id. at ¶ 46). Accordingly, “on June 10, 2009, Judge Beach ordered Dandar to cease his representation of all parties against Scientology other than the plaintiff in the now dismissed McPherson action.” (Id.). Dandar appealed this order to Florida’s Second District Court of Appeal, and on November 13, 2009, the appellate court per curiam affirmed Judge Beach’s order. (Id. at ¶ 47).

On February 19, 2010, upon Dandar’s failure to withdraw from the Brennan action, “Judge Beach heard Scientology’s motion to enforce his order of June 10, 2009, and Dandar’s motion to void the settlement agreement.” (Id. at ¶ 49). On April 12, 2010, “at the behest of Scientology, Pope, and in furtherance of the conspiracy,” Judge Beach found Dandar in civil contempt of his June 10, 2009, order, directed Dandar to pay damages, and further ordered Dandar to file a motion to withdraw in the Brennan action. (Id.).

“In compliance with Judge Beach’s order, Dandar immediately filed in the Bren- ' nan ... case a motion entitled ‘Unopposed Involuntary Motion to Withdraw as Counsel for Plaintiff.’ ” (Id. at ¶ 50). On April 22, 2010, the district court denied Dandar’s motion to withdraw. (Id. at ¶ 51). On May 6, 2010, “Judge Beach, as demanded by Defendants, and in furtherance of the conspiracy,” directed Dandar to appear personally and to show cause as to why he and the Dandar Law Firm should not be held in indirect criminal contempt of his prior orders ..., citing Dandar’s ‘involuntary’ motion to withdraw in federal court as a willful violation of his prior orders.” (Id.).

On August 25, 2010, Dandar filed an emergency motion on behalf of the Brennan estate in the federal action “seeking a permanent injunction against Scientology and, if necessary, Judge Beach, to prohibit their interference with the federal court’s orderly progression of the case.” (Id. at ¶ 52). The district court denied that motion on August 30, 2012. (Id.). On August 31, 2010, Judge Beach held a hearing which resulted in additional sanctions against Dandar for ■ failing to withdraw from the Brennan matter. (Id. at ¶ 53). On September 2, 2010, Dandar filed a second emergency motion on behalf of the [1185]*1185Brennan estate “for a permanent injunction against Judge Beach and the Defendants, including a request for sanctions against Scientology.” (Id. at ¶ 54). This time, the district court granted the motion. (Id. at ¶ 57). On October 13, 2010, Judge Beach recused himself from any further proceedings involving Dandar. (Id. at ¶ 60).

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24 F. Supp. 3d 1181, 2014 U.S. Dist. LEXIS 72566, 2014 WL 2215839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dandar-v-church-of-scientology-flag-service-organization-inc-flmd-2014.