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NO.

15-0966

FILED
15-0966
4/27/2016 12:15:27 PM
tex-10330912
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK

IN THE TEXAS SUPREME COURT


STEVEN GREGORY SLOAT, ED BRYAN, CHURCH OF SCIENTOLOGY
INTERNATIONAL, DAVID J. LUBOW AND MONTY DRAKE,
PETITIONERS
V.

MONIQUE RATHBUN,
RESPONDENT

On Petition for Review from the


Texas Court of Appeals, Third District, at Austin
Cause No. 03-14-00199-CV

UNOPPOSED MOTION FOR LIMITED LIFT OF STAY


Monique Rathbun in pro se files this Unopposed Motion for Limited Lift of
Stay, and in support thereof would respectfully show the Court as follows:

1. I wish to move to dismiss the complaint in the 207th District Court


that the instant Petition for Review proceeding is based upon, rendering the Petition
moot. While performing their retreat strategy from this lawsuit my former lawyers
made two things abundantly clear to me: a) my lawsuit is not worth it financially for
former counsel or anyone to continue to litigate, and b) my husband and I have
effectively achieved the primary purpose that the lawsuit was originally intended to
serve by our own independent efforts. It is a travesty that the statute (Texas Citizens
Participation Act) designed to prevent suppression of the rights to speech,
association and petition has been used to delay remedy for violations of those very
rights in this case for two and one-half years. However, resolving the issues
presented in the instant Petition for Review would do nothing to correct the statutes
vulnerability to manipulation that effectively vitiates the Texas Constitutions Open
Courts Policy. Furthermore, the defects in the complaint that Petitioners seized upon
to create inordinate delay in this case were included by former counsel over my
strong objections. As pled by former counsel the operative complaint serves as
fodder for considerable future motion and appellate practice for scientology lawyers,
as it has so served to date. I do not have the resources, the time, nor the motivation to
litigate in the Supreme Court of Texas against scientologys army of lawyers in
the defense of errors made by attorneys who subordinated my wishes in favor of
interests inimical to my own. Consequently, I believe it would best serve justice,
judicial economy and the public interest to voluntarily terminate my lawsuit.

2. This case is on interlocutory appeal pursuant to sections 27.003 and


51.14

of the Texas Civil Practice and Remedies Code. Pursuant to section

51.014(b), proceedings in the trial court are currently stayed, including proceedings
against Defendants other than Petitioners herein. Accordingly, I request that the
Court lift the section 51.014(b) stay for the limited purpose of allowing me to move
to dismiss my lawsuit in the 207th District Court. This request for a limited lifting of
the stay is not sought for purposes of delay, but so that justice may be served.
Counsel for Petitioners have communicated to me that should I note their taking
exception to my characterizations of Petitioners and the TCPA, they do not oppose
this motion.
WHEREFORE, I ask that this Motion be granted and that the Court lift the stay
imposed by section 51.014 of the Texas Civil Practice and Remedies Code for the
limited purpose of allowing me to file and have heard a motion to dismiss my
complaint in the trial court.
Respectfully submitted,
Monique Rathbun

By: /s/ Monique Rathbun


Monique Rathbun, in propia persona

CERTIFICATE OF CONFERENCE
I certify that on 27 April, 2016, I conferred with counsel for Petitioners regarding the
subject matter of this Motion and that Petitioners do not oppose the relief requested.
/s/ Monique Rathbun

CERTIFICATE OF SERVICE
I certify that on the 27th day of April 2016, the foregoing Motion
has been electronically filed with the Clerk of Court using the eFile.TXCourts.gov
electronic filing system, which will send notification of the filing to the following:
Jonathan H. Hull
jhull@reaganburrus.com Ashley B.
Bowen abowen@reaganburrus.com
Reagan Burrus
401 Main Plaza, Suite 200 New Braunfels,
Texas 78130

Eric M. Lieberman
elieberman@rbskl.com
Rabinowitz, Boudin, Standard, Krinsky &
Lieberman PC
45 Broadway, Suite 1700 New York, New
York 10006

Thomas S. Leatherbury
tleatherbury@velaw.com Marc A. Fuller
mfuller@velaw.com Vinson & Elkins LLP
2001 Ross Avenue, Suite 3700
Dallas, Texas 75201

Stephanie S. Bascon
sbascon@att.net
Law Office of Stephanie S. Bascon PLLC
297 West San Antonio Street New Braunfels,
Texas 78130

Gary D. Sarles
gsarles@sarleslaw.com
O. Paul Dunagan dunagan@sarleslaw.com
900 Jackson Street, Suite 370 Dallas, Texas
75202

/s/ Monique Rathbun

Douglas W. Alexander
dalexander@adjtlaw.com
Alexander Dubose Jefferson &
Townsend LLP
515 Congress Avenue, Suite 2350
Austin, Texas 78701-3562