V Kendall Brill Klieger

writers direct: 310.272.7922 lbrill@kbkfirm.com

June 24, 2013

Emergency Applications Attorney Office of the Clerk Supreme Court of the United States Washington DC 20543-0001 Re: Application for a Stay in Decrescenzo v. Church of Scientology Intl

Dear Emergency Applications Attorney: I enclose a stay application, supporting appendix, proof of service, and accompanying petition for writ of certiorari. The stay application, made pursuant to 28 U. SC. 2101(f) and 1651, and Supreme Court Rule 23, is directed to Justice Kennedy in his capacity as Circuit Justice for the Ninth Circuit. The application, filed by Petitioner Church of Scientology International (the Church"), seeks a stay of an order issued by the Superior Court of California, Los Angeles County, based upon an unconstitutional denominational preference applied by California law, which requires the Church to produce records of confidential penitential communications The Church seeks to stay this order, and prevent the production of the religious documents at issue, pending resolution of the significant First Amendment issues raised in the Churchs accompanying Petition for Writ of Certiorari. The records are due to be produced on July 2, 2013. The transcribed oral order sought to be stayed is at pages D 6a-36a of the accompanying Appendix, and is dated March 6, 2013. A minute order entering that oral order is found in the Appendix at pages C 3a-5a. The enclosed stay application, and the Churchs Petition for Writ of Certiorari, follow the California Supreme Courts May 15, 2013 denial (over the dissent of two justices) of a Petition for Review of the Superior Courts order, and are accordingly timely. See Appendix A la. The Church, having sought review from all higher California courts including the California Supreme Court, invokes this Courts jurisdiction pursuant to 28 U.S.C. 1257(a). As for conformity with Supreme Court Rule 23.3, the Church requested a stay of the Superior Courts order at the time it issued, and the Superior Court denied a stay request and made its order effective, at that time, on May 6, 2013. Appendix D 6a-36a. The Church sought a further stay from the California Court of Appeal, which summarily denied the stay request on April 25, 2013. Appendix B 2a. The Church then sought a stay from the California Supreme Court, which also denied the stay request, on May 15, 2013. Appendix A 1 a. The Church then sought another stay of the order in the California Superior Court, which denied the request for an ongoing stay and made its order effective on July 2, 2013. Appendix F 106a-108a.
Kendall Brill & Klieger LLP 10100 Santa Monica Blvd. Suite 1725 Los Angeles, CA 90067 telephone 310.556.2700 facsimile 310.556.2705 www.kbkfirm.com

Kendall Brill & Klieger LLP

June 24, 2013 Page 2

The accompanying Petition for Writ of Certiorari was filed and served on June 24, 2013. The stay application has been signed by Eric M. Lieberman, a member of the bar of this court, as counsel of record. Sincerely,

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Laura W. Brill

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