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21
CLAIRE HEADLEY, Case No. CV 09-3987 DSF (MANx)
22
Plaintiff, REPLY MEMORANDUM IN
23 SUPPORT OF DEFENDANTS’
v. JOINT MOTION FOR PARTIAL
24 SUMMARY JUDGMENT
CHURCH OF SCIENTOLOGY
25 INTERNATIONAL, RELIGIOUS Date: April 5, 2010
TECHNOLOGY CENTER, and Time: 1:30 p.m.
26 DOES 1 -20, Judge: Hon. Dale S. Fischer
Dept.: 840
27 Defendants.
28
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TABLE OF CONTENTS
Page
1
2 INTRODUCTION ............................................................................................ 1
3 ARGUMENT ................................................................................................... 1
4 I. THE MINISTERIAL EXCEPTION BARS APPLICATION OF
5 WAGE AND HOUR LAWS TO HEADLEY’S ACTIVITIES................... 1
6 II. THE MINIMUM WAGE LAWS DO NOT APPLY BECAUSE
7 DEFENDANTS DO NOT ENGAGE IN COMMERCIAL BUSINESSES
8 IN COMPETITION WITH OTHER BUSINESSES................................. 16
9 A. CSI and RTC Are Not Commercial Businesses .................................... 16
10 B. Churches Are Subject to FLSA Only to the Extent They Engage in
11 Competition with Other Businesses ...................................................... 23
12 C. California’s Minimum Wage Laws Also Do Not Apply ....................... 25
13 III. SUMMARY JUDGMENT IS MANDATED ........................................... 26
14 CONCLUSION ...............................................................................................30
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1 TABLE OF AUTHORITIES
2 Page
CASES
3
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1
Endsley v. Luna, Number CV 06-04100,
2009 WL 3806266 (C.D. Cal. Nov. 12, 2009).............................................26
2
3
Esquivel v. Hillcoat Properties, Inc.,
484 F. Supp. 2d 582 (W.D. Tex. 2007) .......................................................22
4
5 Everson v. Bd. Of Educ.
330 U.S. 1 (1947) .........................................................................................1
6
9 Harper v. Wallingford,
877 F.2d 728 (9th Cir. 1989).......................................................................27
10
11 Haynes v. Alfred A. Knopf, Inc.,
8 F.3d 1222 (7th Cir. 1993).........................................................................27
12
1
Mitchell v. Pilgrim Holiness Church,
2 210 F.2d 879 (7th Cir. 1954).......................................................................25
3
Murdock v. Pennsylvania,
4 319 U.S. 105 (1943)....................................................................................22
5
NLRB v. Catholic Bishop of Chicago,
6 440 U.S. 490 (1979)........................................................................ 2, 3, 8, 28
7
Nunez v. Superior Oil Co.,
8 572 F.2d 1119 (5th Cir. 1983).....................................................................29
9
Paul v. Watchtower Bible & Tract Society of New York,
10 819 F.2d 875 (9th Cir. 1987).........................................................................9
11
People v. Bhakta,
12 162 Cal. App. 4th 973 (2008)......................................................................28
13
People v. First Federal Credit Corp.,
14 104 Cal. App. 4th 721 (2003)......................................................................28
15
Presbyterian Church v. Mary Elizabeth Hull Me. Presbyterian Church,
16 393 U.S. 440 (1969)......................................................................................9
17
Rayburn v. General Conference of Seventh-day Adventists,
18 772 F.2d 1164 (4th Cir. 1985).............................................................3, 5, 14
19
Rosas v. Corporation of the Catholic Archbishop of Seattle,
20 __ F.3d ___, 2010 WL 917200 (9th Cir. March 16, 2010) ...................passim
21
Rosati v. Toledo, Ohio Catholic Diocese,
22 233 F. Supp. 2d 917 (N.D. Ohio 2002) .........................................................6
23
Schaicr v. Church of Scientology of Cal.,
24 535 F. Supp. 1125 (D. Mass. 1982).............................................................25
25
Schleicher v. Salvation Army,
26 518 F.3d 472 (7th Cir. 2008)...............................................................5, 6, 25
27
Schmoll v. Chapman University,
28 70 Cal. App. 4th 1434 (1999)............................................................ 3, 14, 29
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1
Serbian E. Orthodox Diocese v. Milivojevich,
2 426 U.S. 696 (1976)..................................................................................8, 9
3
Shaliehsabou v. Hebrew Home of Greater Washington,
4 363 F.3d 299 (4th Cir. 2004).........................................................................5
5
Shulman v. Group W Products, Inc.,
6 18 Cal. 4th 200 (1998) ................................................................................27
7
Smith v. Raleigh District of the N.C. Conference of the United Methodist
8 Church,
9 63 F. Supp. 2d 694 (E.D.N.C. 1999) .............................................................1
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1
CODES AND STATUTES
2 26 U.S.C.
3
§ 501(c)(3)..................................................................................................22
4 29 C.F.R.
5 § 779.214 ....................................................................................................20
10
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14
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1
INTRODUCTION
2
The First Amendment has erected a wall between church and state. That
3 wall must be kept high and impregnable. We could not approve the
slightest breach.” Everson v. Bd. of Educ., 330 U.S. 1, 18 (1947). The
4 interplay between the First Amendment’s Free Exercise and
Establishment Clauses creates an exception to an otherwise fully
5 applicable statute if the statute would interfere with a religious
organization’s employment decisions regarding its ministers. Bollard v.
6 Cal. Province of the Soc’y of Jesus, 196 F.3d 940, 944, 946-47 (9th
Cir.1999). This “ministerial exception” helps to preserve the wall
7 between church and state from even the mundane government intrusion
presented here. In this case, plaintiff Cesar Rosas seeks pay for the
8 overtime hours he worked as a seminarian in a Catholic church in
Washington. The district court correctly determined that the ministerial
9 exception bars Rosas’s claim and dismissed the case on the pleadings.
We . . . affirm.
10 So begins the Ninth Circuit’s opinion in Rosas v. Corporation of the
11 Catholic Archbishop of Seattle, __ F.3d ___, 2010 WL 917200, at * 1 (9th Cir.
12 March 16, 2010). The Court’s analysis and holding are dispositive of Plaintiff
13 Claire Headley’s ("Plaintiff" or "Headley") minimum wage/maximum hour
14 cause of action, and require dismissal of that claim under the ministerial
15 exception. Accordingly, this Reply Brief first addresses the ministerial
16 exception before turning to the other bases mandating summary judgment in
17 this case.1
18 ARGUMENT
19
20 I. THE MINISTERIAL EXCEPTION BARS APPLICATION OF
WAGE AND HOUR LAWS TO HEADLEY’S Activities
21
22 The Rosas Court traced the origin and basis of the ministerial exception
23
1
24 As demonstrated in Defendants' opening brief and nowhere rebutted by
Headley, the determination of the coverage of the ministerial exception is a
25 question of law vested to this Court’s determination. See Smith v. Raleigh Dist.
of the N.C. Conference of the United Methodist Church, 63 F. Supp. 2d 694,
26 706 (E.D.N.C. 1999) (“The applicability of the ministerial exception is a
question of law for the court.”); see also Weishuhn v. Catholic Diocese of
27 Lansing, 756 N.W.2d 483, 498-500 (Mich. Ct. App. 2008) (application of
ministerial exception is a “question of law for the judge, not a question of fact
28 for the jury.”)
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1 to both the Establishment and Free Exercise clauses of the First Amendment.
2 With respect to the Establishment clause, the Court explained that it “is the
3 third factor, entanglement, that is at issue here”, noting that entanglement “has
4 substantive and procedural components.” Id. at *2-3. The substantive
5 component implicates a “church’s freedom to choose its ministers,” while “as
6 for the procedural dimension, the very process of civil court inquiry into the
7 clergy-church relationship can be sufficient entanglement [to foreclose judicial
8 interference].” Id. Quoting the Supreme Court, the Rosas Court emphasized:
9 It is not only the conclusions that may be reached by [the court] which
may impinge on rights guaranteed by the Religion Clauses, but also the
10 very process of inquiry leading to findings and conclusions.
11 Id. (quoting NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 502 (1979)).
12 With respect to the Free Exercise clause the Court held that it “mandates a
13 ministerial exception for religious organizations” from State labor laws where
14 such laws “may … have such an adverse impact on religious liberty as to render
15 judicial review of a Church’s compliance with the statute a violation of the Free
16 Exercise Clause.” Id. at *2.
17 The Court then held that both religion clauses compel application of the
18 ministerial exception to state or federal minimum wage/maximum hour laws,
19 rejecting Rosas’s argument that the exception only applies to anti-
20 discrimination laws. The Court stated that in order to invoke the exception, a
21 church need not allege or show that application of the statute would impose an
22 actual burden on its free exercise rights or cause an actual entanglement: “The
23 exception was created because government interference with the church-
24 minister relationship inherently burdens religion.” Id. at * 3 (Court’s
25 emphasis). Next, the Court rejected the plaintiff’s argument that the exception
26 is limited to a church’s choice of who will be its minister, holding that the
27 exception “encompasses all ‘tangible employment actions’” and applies broadly
28 “to employment decisions regarding . . . ministers, . . . including the
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1 the fact “that secular duties are often important to a ministry,” but do not
2 diminish the application of the ministerial exception. In rejecting Rosas’
3 argument that under his ministry training program he was hired to work as a
4 “maintenance” employee doing such chores as “cleaning sinks”, the Court held:
5 A religious organization can constitutionally require its ministers or
ministers-in-training to spend a year volunteering in urban areas in the
6 United States. Similarly, a religious organization can constitutionally
require its ministers to take a vow of poverty. So too, here, could the
7 Catholic Church require its candidate for the priesthood to spend a year
‘mostly clean[ing] sinks’ without overtime pay.
8
9 Id. What was important was not whether Rosas performed some — even a lot
10 of — secular tasks as part of his commitment to the Church. What was
11 important was that he was participating in a training program at a religious
12 institution; that his “position was largely based on religious criteria — it was a
13 ministerial placement open only to seminarians”; and that “he performed some
14 religious duties.” Id. at *6. Based on those facts, the Court concluded:
15 It is without consequence that [Rosas] also may have performed many
secular duties. [He] was not a secular employee who happened to
16 perform some religious duties; [he] was a spiritual employee who also
performed some secular duties.” Scharon v. St. Luke's Episcopal
17 Presbyterian Hosps., 929 F.2d 360, 362 (8th Cir.1991). The district
court correctly dismissed the case on the pleadings because requiring the
18 Catholic Church to pay overtime wages to Rosas would interfere with the
Church’s employment decisions regarding its minister. Rosas’s claim is
19 thus barred by the Free Exercise Clause and the Establishment Clause of
the First Amendment.
20 Id.
21 So too is Claire Headley’s claim barred by the First Amendment and the
22 ministerial exception mandated by the Religion Clauses. Following the Rosas
23 test, she worked for a religious institution (SUF 58-60, 73), she was chosen on
24 the basis of her religious training and eternal commitment to the religion by
25 joining the Sea Org, which was a requirement for working with CSI or RTC
26 (SUF 39, 41), and she “performed some [far more than some] religious duties”
27 and responsibilities (SUF 60, 72-73, 80.) Rosas at *6. Each argument Headley
28 advances as to why the ministerial exception does not bar her claim is refuted
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18 4
In so arguing, Plaintiff quotes Judge Fletcher’s concurrence in the denial of a
19 petition for rehearing en banc in Elvig v. Calvin Presbyterian Church, 397 F.3d
790, 792 (9th Cir. 2005), while ignoring the opinion of the court reported at 375
20 F.3d 951 (9th Cir. 2004), an important decision recognizing the ministerial
exception to state and federal labor laws. Elvig had nothing to do with a
21 minimum wage claim; it involved a Title VII sexual harassment claim. No
minimum wage issue had been briefed or argued by the parties. Judge Fletcher
22 had no occasion to consider whether or under what circumstances a church
might be covered by minimum wage laws. Judge Fletcher’s concurrence, citing
23 Tony and Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 290 (1985),
unremarkably stated, “The First Amendment does not exempt religious
24 institutions from laws that regulate minimum wage . . .” But, as the Ninth
Circuit just emphasized in Rosas, “Alamo deals only with lay employees, and
25 its holding is specifically premised on the fact that the challenged statute
applied only to ‘commercial activities undertaken with a ‘business purpose’.”
26 Rosas at *3. Alamo, however, implicitly suggested that the Establishment
Clause entanglement prohibition might well bar application of a minimum wage
27 law to the religious, non-commercial activities of non-lay employees or
religious workers of a church. 471 U.S. at 302-303. And the decision in Rosas
28 now makes the point explicitly and definitively.
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1 Diocese, 233 F. Supp. 2d 917, 921 (N.D. Ohio 2002) (novice to order of
2 cloistered nuns subject to ministerial exception because “a nun is obviously
3 important to the spiritual and pastoral mission of the Catholic Church”)).
4 Defendants have found no case, and Plaintiff cites to none, holding that a
5 member of a religious order does not come within the ministerial exception.
6 Finally, Plaintiff devotes several pages of her Brief (21-27) and her
7 declaration to an effort to show that the positions she held and the services she
8 performed were secular. To prove that point, Plaintiff declares it to be so by
9 ipse dixit. Plaintiff attempts to brush off and ignore the uncontroverted record
10 of her own deposition, in which she repeatedly acknowledged that all her
11 functions and positions were defined by Scientology writings and scripture,
12 principally by Mr. Hubbard, and that they were “part of Scientology,”6 by
13 unilaterally declaring that parts of Scientology are religious and other parts are
14 not, and that she worked on the non-religious parts. Plaintiff ignores the
15 declaration of Reverend Warren McShane, who demonstrates the religious basis
16 and function of each of her positions, including by specific reference to
17 Scientology Scripture.7
18 Headley thus would frame the issue before the court as whether her
19 positions were religious in nature, as defined by the Church itself, or whether
20 they are not, as declared by her. In doing so, Headley runs directly into the core
21 non-entanglement principle stated by the Rosas Court as the very reason for the
22 existence of the ministerial exception. For a civil court to determine what is
23
6
24 Headley repeatedly conceded that practices such as cramming, correction
procedures, or confessionals, required extensive study of and adherence to
25 official writings and policies of Scientology and were “Scientology practices”
and part of the “Scientology belief system.” (SUF 23, 27-29, 86, 89-91.) Try
26 as she might, she cannot controvert her own testimony by ignoring it.
7
27 Headley’s own witness Amy Scobee states unequivocally in her declaration
that all writings by Mr. Hubbard or issued in his name on the subject of
28 Scientology are Scripture. (Scobee Decl., ¶ 17.)
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1 and what is not part of a religion, and for it to depart in any manner whatsoever
2 from the church’s own definition of its religion, fundamentally violates the
3 Supreme Court’s doctrine “that the First Amendment strongly circumscribes
4 legislative and judicial intrusion into the internal affairs of a religious
5 institution.” Rosas at *3 (citing Serbian E. Orthodox Diocese v. Milivojevich,
6 426 U.S. 696, 721-23 (1976)). As Rosas emphasizes, “[t]he [ministerial]
7 exception was created because government interference with the church-
8 minister relationship inherently burdens religion.” Id. at * 3 (Court’s
9 emphasis). Quoting the Supreme Court, the Rosas Court emphasized:
10 It is not only the conclusions that may be reached by [the court] which
may impinge on rights guaranteed by the Religion Clauses, but also the
11 very process of inquiry leading to findings and conclusions.
12 Id. (quoting Catholic Bishop of Chicago, 440 U.S. at 502).
13 We need not and do not rely only on these broad statements of the non-
14 entanglement principle, sweeping and fundamental as they may be. As we
15 emphasized in our opening brief, the very kind of inquiry into religious belief
16 and practice that Headley seeks to impose upon this Court has been rejected
17 explicitly. Quite simply, it is not for Headley, or the Court, to determine
18 whether such concededly Scientology beliefs and practices are part of the
19 religion. It is the Church authorities’ explanation and description of the beliefs
20 and practices of the Scientology religion, here set forth in the McShane
21 Declaration, that must be accepted by the Court, lest the judiciary become
22 entangled in a religious dispute as to what is the nature and content of a
23 religion. Holy Spirit Ass’n for the Unification of World Christianity v. New
24 York City Tax Comm’r, 55 N.Y.2d 512, 518, 450 N.Y.S 2d 292 (1978)
25 (“[C]ourts may not inquire into or classify the content of the doctrine, dogmas,
26 and teachings held by that body to be integral to its religion but must accept that
27 body’s characterization of its own beliefs and activities and those of its
28 adherents, so long as that characterization is made in good faith and is not
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1 sham”) 8; Paul v. Watchtower Bible & Tract Soc’y of New York, 819 F.2d 875,
2 879 (9th Cir. 1987) (“Shunning is a practice engaged in by Jehovah’s Witnesses
3 pursuant to their interpretation of canonical text, and we are not free to
4 reinterpret that text”); id. at 878 n.1 (discussing source and meaning of this rule
5 of judicial deference compelled by the First Amendment) (quoting Serbian
6 Eastern Orthodox Diocese, 426 U.S. at 709).
7 The rule of deference was applied by the Supreme Court in the seminal
8 case of Presbyterian Church v. Mary Elizabeth Hull Me. Presbyterian Church,
9 393 U.S. 440, 450 (1969), where the Court held unconstitutional Georgia’s
10 Departure from Doctrine rule, by which Georgia courts would attempt to
11 resolve church property disputes between different church factions:
12 The departure-from-doctrine element . . . requires the civil judiciary to
determine whether actions of the general church constitute . . . a
13 ‘substantial departure’ from the tenets of the faith and practice. . . . In
reaching such a decision, the court must of necessity make its own
14 interpretation of the meaning of church doctrine. . . . Plainly, the First
Amendment forbids civil courts from playing such a role.
15
Plaintiff has essayed no response to these fundamental principles. There
16
is none. Logic and constitutional doctrine are completely congruent on this
17
point. It would be both anomalous and unconstitutional for a court to try to
18
resolve a dispute as to what is or is not part of a religion, let alone to decide that
19
what a religious body states is part of its religious beliefs and practices really is
20
not. The Court should reject Plaintiff’s invitation to do so.
21
Just to demonstrate that each of Plaintiff’s positions in fact was of a
22
23
8
24 Rev. McShane’s characterization of the practices of the religion on its face is
not merely his own personal opinion set forth for litigation purposes, but is
25 based entirely upon the writings of Mr. Hubbard, as Rev. McShane repeatedly
states and demonstrates. In particular, Rev. McShane demonstrates, and
26 Headley repeatedly concedes, that Headley’s actions as an RTC executive,
course supervisor, cramming officer or ethics counselor were all based upon
27 study of and adherence to written church policy and scripture, principally that
set forth in The Technical Bulletins and The OEC. (See Statement of Facts in
28 our opening Brief.)
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25
9
26 Defendants highlight the word religion above because here, once again,
Headley is drawing her own distinction between Scientology and the
27 Scientology religion, since she clearly admits at her deposition that the courses
were part of Scientology. For the reasons stated above, Headley’s attempted
28 distinction must be rejected as a matter of law.
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19
Headley does not dispute this fact and ignores it in her Brief; in her
20
Opposition to the Separate Statement (Opp. SUF 72), she seeks to minimize it
21
by referring to her testimony where she stated, “[f]or the most part over my
22
entire career, I was not auditing. I was doing ethics actions and correction
23
actions.” (Id.) Ethics actions and correction actions, of course, are part of
24
Scientology practices and founded upon Scientology beliefs, just like auditing.
25
26 10
As stated by Rev. McShane, “The Factors of Scientology” “are a series of
27 thirty concisely stated discoveries by Mr. Hubbard that comprise a summation
of the considerations and examination of the human spirit and the material
28 universe.” (McShane Decl., ¶ 79 (referred to in SUF 66, and uncontroverted).)
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1 fact that a manager of a church, who undergoes extensive religious training for the
2 position and must meet religious criteria to hold it, is a minister for purposes of the
3 ministerial exception. See, e.g., Rayburn, supra, 772 F.2d at 1169 (ministerial
4 exception encompasses those engaged in church governance or supervision of a
5 religious order); Roman Catholic Diocese of Raleigh, supra, 213 F.3d at 803
6 (same); Hope Int’l Univ., supra, 119 Cal. App. 4th at 734 (same); Schmoll,
7 supra, 70 Cal. App. 4th at 1439 (same).
8 5. Headley describes her functions as Internal Executive at RTC in much
9 the same fashion, demonstrating that she played a major role in running the
10 organization. She ignores, but does not dispute (except as irrelevant) the facts
11 that to qualify for that position, she was required to read and master numerous
12 writings contained in The Technical Bulletins of Scientology and the
13 Organization Executive Course, both written by Mr. Hubbard and constituting
14 core scripture of the religion. (SUF 3.) She also ignores that she herself wrote
15 the job description for the position, in which she described the “purpose of my
16 post” as “[t]o observe, supervise, plan and execute the expansion, effectiveness,
17 production, training, hatting, correction and establishment of the organization.”
18 (SUF 90.) Clearly, Headley was engaged in church governance and supervision
19 of a religious order12, and comes within the ministerial exception.
20 6. Finally, Headley states that, while she was Internal Exec RTC, she
21 also was required to spend four hours per day helping Golden Era produce its
22 audio visual materials, all of which concerned Scientology.13 (Pl.’s Br. at 10:20-
23 22.) Such work was for a religious purpose, but even if it were not, Rosas
24
12
25 See, e.g., Ex. C to the Declaration of Claire Headley, containing work
schedules of RTC, several of which were authorized by her as Internal
26 Executive.
13
27 Plaintiff claims to have done so in 2003-2004, when she admits that Golden
Era did not produce any fictional materials. (Darnell Decl., Ex. A at 126:24-
28 127:3; Reply SUF 36.)
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1 makes clear that the ministerial exception would still apply. If “the Catholic
2 Church [could] require its candidate for the priesthood to spend a year ‘mostly
3 clean[ing] sinks’ without overtime pay,” Rosas at *5, then certainly RTC can
4 require its Internal Executive to spend a few hours per day helping to produce
5 religious media for use in religious practices or to disseminate the religion.
6 Plaintiff’s argument that Defendants have “expand[ed] their operations beyond
7 the traditional functions essential to the propagation of their doctrine” and
8 therefore are not entitled to invoke the ministerial exception (Pl.’s Br. at 27:12-
9 21) thus runs head on into the facts and holding of Rosas, and likewise betrays a
10 blindness, whether knowing or not, to what “traditional functions” ministers
11 and members of religious orders have undertaken. As noted by Dr. Frank Flinn:
12 During the Middle Ages monasteries and nunneries spent endless hours
creating illuminated manuscripts of the Bible, massive tapestries showing
13 dramatic biblical scenes, and designs for the sculptures and stained glass
windows gracing countless cathedrals from Sicily to England. [Examples
14 omitted.] To the illiterate commoners of the times these images were, as
numerous historians of religious art have described them, the ‘Bible in
15 Stone, on Parchment, and in Colored Glass.’ . . . [T]o the devout monk or
nun this was holy work and as fully a part of the Opus Dei or ‘Work of
16 God,’ . . . , as chanting the Divine Office of the Hours, or praying and
meditating. (Flinn Decl., ¶ 26.)
17
Indeed, Dr. Flinn’s own experiences in the Franciscan Order provides a
18
better understanding of the functions traditionally carried out by a religious
19
order, even in modern times:
20
21
I worked in the monastery book bindery, binding new and rebinding old
22 editions of the Bible and theological treatises. I produced holy cards and
publications to advertise the work of the monastery. There was one
23 difference: Scientology and the Sea Organization avail themselves of the
latest forms of technology in carrying out their religious mission. We
24 forget that when the monasteries first arose they did the same thing.
(Flinn Decl., ¶ 60.)
25
26 Headley’s concluding argument that what she did at Golden Era and RTC
27
is “analogous to the workers in Alamo” (Pl.’s Br. at 27) is preposterous.
28
Neither RTC nor Golden Era run commercial businesses that compete with
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1 7.) For example, Mr. Hubbard wrote a number of film scripts to instruct
2 auditors and teach the proper use of the E-Meter; these films are produced by
3 Golden Era for distribution solely to Scientology churches for training of
4 auditors and course supervisors. (Id.)
5 Second, Golden Era creates and produces so-called “public films” and
6 videos that are used to introduce the religion’s basic concepts to the general
7 public and to explain and depict different aspects of the Scientology religion.
8 Such films and videos are shown on television monitors and film rooms in large
9 public areas in every Scientology church, and at events put on by the Church.
10 (SUF 35; Fraser Decl., ¶¶ 8, 12.) As Marc Headley conceded in his deposition,
11 such materials are “meant to get people into Scientology. It’s meant to get new
12 members, turn people into Scientologists . . . .” (Reply SUF 35.)
13 Third, Golden Era makes Mr. Hubbard’s 3,000 recorded Scriptural
14 lectures available by mixing, editing and reproducing them on cassette and,
15 until recently, reproducing the majority of these lectures on compact discs.
16 (SUF 34; Fraser Decl., ¶¶ 9-11.) Mr. Hubbard recorded these lectures about
17 Scientology forty to fifty years ago, and it is Golden Era’s religious duty to
18 make these lectures available to Scientology churches, missions and
19 parishioners now and for future generations.
20
Fourth, Golden Era produces religious booklets, brochures, posters, still
21
photography and artwork, as well as television, radio and Internet ads and
22 feature length programs, all exclusively for use in proselytizing the faith. (SUF
23
35; Fraser Decl., ¶ 13.)
24
Fifth, Golden Era also designs, creates and installs in Scientology
25 churches, missions, and religious organizations audio visual systems to present
26
to Scientology staff members, parishioners, and possible interested public the
27
various audio and visual materials about Scientology that Golden Era produces.
28 (SUF 35; Fraser Decl., ¶ 15.)
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0 14
In addition, of course, the production of audiocassettes represents but a fraction of
鐂 all of the activities of Golden Era. SUF Nos. 35, 36.
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Although plaintiff has put forward evidence that Golden Era had the
1 intent to maximize profits, plaintiff did not allege that any other business
enterprise competes with Golden Era in the marketplace. Moreover,
2 there is no evidence that Golden Era competes with other entities in
disseminating multimedia products about the CSI. Cf. Alamo, 471 U.S.
3 at 292 (finding FLSA covers employees who work at the service stations,
retail clothing and grocery outlets, farms, construction companies, a
4 record keeping company, a motel, and candy companies of a religious
non-profit foundation). Without such evidence, Alamo’s rationale cannot
5 be applied here.
6
Order Denying Pl.’s Mot. Partial Summ. J., Sept. 22, 2009, at 2; Marc Headley
7 v. CSI, Case No. 09-CV-03986-DSF-MAN, Dkt. #50.)
8 This Court’s emphasis on the “competition” element of course did not
9 come out of the blue, as this Court’s Order makes clear. Rather, the Court’s
10 conclusion derived from the legislative history,17 the arguments of the Solicitor
11 General in the Alamo case, and from the Supreme Court’s careful and nuanced
12
opinion in Alamo. (See discussion and authorities in our opening Brief at 16-
13
17, 19-20.) Plaintiff’s arguments to the contrary must be rejected again. And,
14
as we have shown, Plaintiff’s arguments that Golden Era competes with other
15
“production facilities”, or that RTC competes in “selling” Scientology
16
trademarks and copyrights is without basis or logic. Golden Era produces its
17
own religious media exclusively for its own use and the use of other
18
Scientology churches, and RTC licenses Scientology’s religious intellectual
19
property only to Scientology churches; indeed it would be breaching its
20
religious purpose if it licensed it to others. Like her husband, Marc, in his
21
failed motion, Claire Headley still has not even alleged let alone produced any
22
evidence that “that any other business enterprise competes with Golden Era [or
23
17
24 Plaintiff dismissively refers to the legislative history as “congressional notes
that purportedly suggest ‘competition’ is necessary to be engaged in commerce
25 under the FLSA.” (Pl.’s Br. at 7:25-26.) As shown in Defendants' opening
Brief at 16-17, 19 n. 8, the legislative history includes the Senate and House
26 Reports, a pointed colloquy between the floor leader of the bill, then-Senator
John F. Kennedy, and Senator Barry Goldwater, and statements by Senator
27 McNamara, the Chairman of the Committee that reported the bill leading to its
passage. The legislative history certainly was deemed significant by the Court
28 in Alamo.
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1
RTC] in the marketplace.”
2
Plaintiff spends two pages discussing Mitchell v. Pilgrim Holiness
3
Church, 210 F.2d 879 (7th Cir. 1954), but remarkably manages not even to
4
address Defendants’ arguments as to why that case is inapposite here, including
5 that: (1) It was decided 31 years before the Supreme Court’s decision in Alamo,
8 clauses since 1954; (2) It was overruled sub silentio by the Seventh Circuit in
9 Schleicher v. Salvation Army, supra, 518 F.3d 472; (3) Even on its own terms,
10 Pilgrim applies only to lay workers who provide labor in expectation of salary;
11 (4) The case accordingly was not deemed apposite, even before Alamo, by two
12 district courts which held that church workers engaged in religious, non-
13 business activities were not covered by the minimum wage laws. See Van
15 Mass.1982) (“the legislative history and regulations [of FLSA] suggest that
17 nification Church, 473 F. Supp. 367, 377 (D.R.I. 1978), aff’d, 602 F.2d 458 (1st
18 Cir. 1979).
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1 court found that California’s courts would follow FLSA standards in construing
2 the state’s wage and hour laws. (Order of 9/22/09 at 2 n.2 (also citing Bldg.
3 Material and Constr. Teamsters’ Union, Local 216 v. Farrell, 41 Cal. 3d 651,
4 658-59 (1986)).) No cases hold differently.18
5 III. SUMMARY JUDGMENT IS MANDATED
6 Contrary to Headley’s mischaracterization of summary judgment as a
7 “drastic remedy,” (Pl.’s Br. at 2), the Supreme Court considers summary
8 judgment to be “properly regarded not as a disfavored procedural shortcut, but
9 rather as an integral part of the Federal Rules as a whole, which are designed ‘to
10 secure a just, speedy and inexpensive determination of every action.’” Celotex
11 Corp. v. Catrett, 477 U.S. 317, 327 (1986) (internal citations omitted).
12 Headley’s assertion that Defendants “must establish [their] right to a judgment
13 ‘with such clarity as to leave no room for controversy and that the other party is
14 not entitled to recover under any discernable circumstance,’” is equally
15 misplaced. (See Pl.’s Br. at 2.)
16 Rule 56(c), F.R.Civ.Proc., requires that summary judgment should be
17 granted “when there is no genuine issue of material fact and when the moving
18 party is entitled to judgment as a matter of law.” Endsley v. Luna, No. CV 06-
19 04100, 2009 WL 3806266, at *7 (C.D. Cal. Nov. 12, 2009) (Fischer, D.J.)
20 (citing Bias v. Moynihan, 508 F.3d 1212, 1218 (9th Cir. 2007)). Once
21 Defendants have met their initial burden of establishing the absence of a
22 genuine issue of material fact, Rule 56(e)(2) requires Headley “to go beyond the
23 pleadings and identify facts which show a genuine issue for trial.” Id. (citing
24 Celotex, 477 U.S. at 324). “‘The opponent must do more than simply show
25 there is some metaphysical doubt as to the material facts.’” Hirel Connectors,
26
18
27 Plaintiff argues that FLSA does not preempt state law. (Pl.’s Br. at 18-19.)
Defendants have not argued that it does, only that the California law, like that
28 of most states, largely mirrors the FLSA in scope and effect.
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24
20
25 See People v. Bhakta, 162 Cal. App. 4th 973, 979 (2008) (UCL action sounds
in equity, and thus defendantsthnot entitled to a jury trial); People v. First Fed.
26 Credit Corp., 104 Cal. App. 4 721, 733 (2003) (“[T]here is no right to a jury
trial in [UCL] cases. See also Steinberg v. Moore, Moorad & Dunn Inc., 136
27 Fed. Appx. 6, 9 (9th Cir. 2005) (“Statutory unfair competition is an equitable
claim under California law, one that does not provide for damages or a jury
28 trial.”).
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1
and ought to draw his inferences without resort to the expense of
trial.
2
3 Swart v. United States, 568 F. Supp. 763, 764 (C.D. Cal. 1982) (Tashima,
4 J.) (quoting Nunez v. Superior Oil Co., 572 F.2d 1119, 1123-24 (5th
5 Cir.1978)), aff’d, 714 F.2d 154 (9th Cir. 1983); see also Matter of Placid
6 Oil Co., 932 F.2d 394, 398 (5th Cir.1991) (“[I]t makes little sense to forbid
7 the judge from drawing inferences from the evidence submitted on
8 summary judgment when that same judge will act as the trier of fact,
9 unless those inferences involve issues of witness credibility or disputed
10 material facts”) (quotations and citations omitted)); Cook v. Babbit, 819 F.
11 Supp. 1, 11 n.11 (D.D.C. 1993) (“The Court is not confined to deciding
12 questions of law, but also may, subject to the “clearly erroneous” standard
13 of Fed.R.Civ.P. 52(a), draw a derivative inference from undisputed
14 subsidiary facts, even if those facts could support an inference to the
15 contrary, so long as the inference does not depend upon an evaluation of
16 witness credibility....”); Gen. Elec. Co. v. Jackson, 595 F. Supp. 2d 8, 14-
17 15 & n.4 (D.D.C. 2009) (“I’m not sure the Court is ever going to have
18 much more than it has right now.... [T]he nightmare of continuing this
19 already long proceeding much longer, I think there is no need....”).
20 Thus, in line with previous ministerial exception cases, summary
21 judgment is the preferred procedure, and clearly is warranted here. See
22 Schmoll, 70 Cal. App. 4th at 1444 (applying ministerial exception upon
23 summary judgment); Rosas at *6 (holding that “[t]he district court
24 correctly dismissed the case on the pleadings . . . .”); Werft v. Desert Sw.
25 Annual Conference of the United Methodist Church, 377 F.3d 1099, 1104
26 9th Cir. 2004) (affirming application of ministerial exception as basis for
27 granting a motion to dismiss).
28
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1 CONCLUSION
2
Defendants’ joint motion for summary judgment dismissing Plaintiff’s
3
first claim for relief should be granted.
4
5
DATE: March 22, 2010 JEFFER, MANGELS, BUTLER & MARMARO LLP
6 MARMARO LLP
7 MARC MARMARO
AMY LERNER HILL
8
9
By: /s/Marc Marmaro
10 MARC MARMARO
11 Attorneys for Defendant
RELIGIOUS TECHNOLOGY CENTER
12
19
20
By: /s/Harold Brody
HAROLD BRODY
21 Attorneys for Defendant
22
CHURCH OF SCIENTOLOGY INTERNATIONAL
23
24
25
26
27
28
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