Motion For Summary Adjudication - Declaration

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BARRY VAN SICKLE - BAR NO. 98645 1079 Sunrise Avenue Suite B-315 Roseville, CA 95661 Telephone: (916) 549-8784 E-Mail: [email protected]

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Attorney for Plaintiff MARC HEADLEY

6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MARC HEADLEY, CASE NO. CV 09-03986 RSWL (MANx) 12 Plaintiff, 13 vs. 14 15 16

CHURCH OF SCIENTOLOGY INTERNATIONAL, a corporate entity, AND DOES 1 - 20

17 Defendants.

PLAINTIFF MARC HEADLEY’S DECLARATION IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION OF FACTS AND CONCLUSIONS OF LAW PURSUANT TO F.R.C.P RULE 56(d)

18 DATE: August 11, 2009 TIME: 9:00 am PLACE: Spring Street Courthouse, Courtroom 21

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ASSIGNED TO THE HONORABLE JUDGE RONALD S.W. LEW

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I make this declaration from personal knowledge and could

26 competently testify as set forth herein if called upon to do so. 27 28 1 DECLARATION OF PLAINTIFF MARC HEADLEY

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2)

My name is Marc Headley. I was a staff member of the Church of

Scientology International from 1989 until January 2005. 3)

I first joined staff in 1989 at the Association for Better Living and

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Education International, located in Hollywood, CA. I signed an employment

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contract stating that I would work as an employee of the Sea Organization for 1

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billion years. I was a minor and had not finished high school.

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4)

I was informed that I would receive minimum wage as my hourly

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pay rate, which is what I was paid for the first six months I was a staff member of

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the Sea Organization.

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5)

After six months, I was promoted to Golden Era Productions, located

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in Hemet, California. This is a different arm of the Church of Scientology

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International. I was informed the rules were different for Golden Era Productions

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and that now I would be paid $35 per week, as per Scientology directives

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dictating pay schedules for the organization’s employees. I was required to live

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at Golden Era.

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6)

At this point in time, I now had no other place to live, no other job,

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no other source of income and if I left the Sea Organization I would owe money

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for training courses I had received up until that point. In my mind, I believed that

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I would essentially be deep in debt if I quit or decided to leave.

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7)

As a staff member, I was required to follow the issued schedule of

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the organization I worked for. This was issued to all staff members regularly and

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included mandated hours to get up in the morning, get transported in to work on

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buses, eat breakfast, get accounted for at roll call or muster (regular meetings

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throughout the day to ensure all staff are present), work hours throughout the day,

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lunch, dinner, etc. During my work hours I was first required to make an exact list

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of what I was going to get done that day. Failure to do so resulted in disciplinary

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action, as did failure to get those actions completed, follow the schedule, and do

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what was required of me.

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8)

Such disciplinary actions could and did include loss of pay, loss of

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meal privileges, loss of canteen privileges, and several times included loss of my

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lodging, and requirement that I stay on the property full time, including sleeping

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wherever I could find a spot near my work area or office. For several different

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periods, I was confined to the property for months at a time.

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9)

I was required to work in order to be paid the small amount of

money I was paid. If I did not work, I would not be paid. Simple as that. The

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small amount of money I did receive weekly was used to buy toilet paper, soap,

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shampoo and deodorant etc and any other personal items I could afford with what

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little was left over, such as snacks or cigarettes.

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10)

Early in my career (1990) I discovered that if I expressed any desire

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to leave, I would not be allowed to leave the property and would be threatened

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with never being allowed to talk to my family again.

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11)

If I wanted time off for ANY reason – whether it was for a doctor’s

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appointment, a trip to see family, a day off, even time off work to make a phone

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call to a relative, I was required to have written approval to do so. For any trip off

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base for time off, I was required to work out and provide information of how my

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post functions would be covered in my absence – ie. who would perform my

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duties while I was gone, even if for only a few hours.

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12)

I was required to do the work required of me, in the manner it was

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required of me, to the quality standards required, and meet the production targets

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that had been set and if I failed to do so in any way, I was punished for non

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performance.

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13)

Lack of performance of duties also resulted in threats of being

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terminated by Golden Era and assigned elsewhere, all of which carried the threat

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of being cut off completely from my wife and family.

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14)

I was required to meet their performance demands and received a

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“Fitness Board” to review my performance. Again here, if performance was

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inadequate, the threat was demotion to a lower position or offload.

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15)

Church of Scientology International controlled my work

environment, schedule, and all other aspects of my production and my life. 16)

My production supervisor regularly inspected my work and

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performance, set targets and was there to ensure I met those targets. My task list

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would be inspected at least once daily and sometimes multiple times daily and

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each day we were required to report and graph daily progress made on task lists.

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Not graphing or marking completed tasks daily would result in disciplinary

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actions.

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17)

Where production targets were not being met, I was frequently

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required to work much longer hours, including working through the night with no

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sleep to meet those production targets.

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18)

While working at Golden Era productions I worked on producing

CD’s and cassettes that were sold in organizations all around the world. 19)

I worked on the production of non-scientology related fiction audio

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books that were sold in international public bookstores around the world. These

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products had nothing to do with Scientology or the Sea Organization and the

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profits from which went directly to L. Ron Hubbard and his estate or literary

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agent, Author Services Incorporated.

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20)

I worked on the production and mass duplication of videos that were

used to promote fiction books. I worked on the production of CD’s and radio

27 28 4 DECLARATION OF PLAINTIFF MARC HEADLEY

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advertisements that were used to promote the sale of fiction books and fiction

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audio books.

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21)

I worked on the production of videos and promotional materials that

were used to promote a fiction movie written by L Ron Hubbard. 22)

I worked on the production and mass duplication of several fiction

book series that were produced on cassette tapes. 23)

I worked on the design and installation of complex audio visual

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systems that Golden Era Productions (a DBA of CSI) would buy the equipment

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for at wholesale price and then sell to organizations around the world and charge

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for them for the equipment, design & installation. 24)

I personally designed and oversaw the fabrication, manufacturing

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and production of over 300 “Registration Systems” for CSI. CSI charges $8,800

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for each of these systems produced. That is $2,640,000 in income for CSI.

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25)

I personally designed and oversaw the fabrication, manufacturing

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and production of over 500 “Film Room Systems” for CSI. CSI charges $19,000

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for each of these systems produced. That is $9,500,000 in income for CSI.

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26)

I designed over 30 individual audio visual systems for CSI to be

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installed in organizations around the world. These would range from a film room

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system to a display or presentation system. In any one organization they usually

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have one or more of these systems. The average price to outfit a single

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organization with the systems I designed would generate $275,000 of income to

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CSI. At over 300 organizations, the total net worth to CSI of the systems I

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designed was well over $81,000,000.

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27)

Church of Scientology International set the pay rate for all staff and

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that is what I was paid, as long as I produced what was required of me, and as

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long as there were funds to pay.

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28)

Work performed was for the pay given. Failure to perform the work

required resulted in loss of pay.

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29)

Pay was used to cover living costs – per diem expenses of food and

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gas while I was off the property working on Golden Era projects – which was

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frequent through the years, new uniform parts, shoes, laundry detergent, contact

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lenses, etc.

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30)

CSI kept a personnel file with a history of every position I ever held

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while on staff, my production statistics while on those posts and whether I

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produced well or not, any tests I had ever taken (such as IQ), post assignments

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etc. 31)

They kept a legal file which contained my legal documents, such as

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passport and birth certificate. I was not allowed to have the original or copies of

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these documents in my possession.

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32)

They kept an ethics file which contained reports relating to my work

performance or lack thereof. 33)

They kept a data file which contained reports of post performance,

particularly in relation to the executive positions I held while there. 34)

They kept a treasury file of my payroll records, taxes withheld, and

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the weeks I was paid or not paid and whether the lack of pay was due to non

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performance or no money available to cover staff payroll.

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35)

I worked on average of 100 hours per week for the entire time I was

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employed by CSI. The total amount of wages that I was paid over this time period

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was $29,727. This is an average of 39 cents per hour for the hours worked. This

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does not take into account the thousands of hours that I worked beyond the 100

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hour per week standard work schedule.

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36)

While working for CSI I could be called to work at any point during

the day or night and was so called on many occasions. Frequently, I was gotten

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out of bed in the middle of the night, interrupted during a meal break, ordered to

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come in early each day or stay many hours late at night. These were a normal

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occurrence. If I refused for any reason, I would be subject to disciplinary

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procedures and most definitely docked the little pay I was receiving weekly.

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37)

During my employment for CSI, I had no other source of income and

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was dependant on what little money I was getting to afford basic living supplies.

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I was dependent upon my work for CSI for a place to sleep and food to eat.

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38)

When I did leave in January 2005, I was chased by three different

vehicles in an effort to get me to return to the CSI property and only with the

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involvement of the Riverside County Sheriff’s department was I able to get away

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and not forced to return to the property.

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39)

When I finally did leave and quit working for CSI, I was mailed a

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hard copy billing statement from CSI totaling $62,926. This was for my

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“Freeloader Bill”. After working there for 15 years and making a total of $29,727,

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I was billed more than twice that much and they said that I was in debt to them.

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40)

On at least 3 occasions I was contacted by phone and asked how I

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would be paying off my debt to them after my 15 years of working for them. This

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was one of the required steps for me to be able to get in touch with my family

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again.

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41)

More than 3 years later, I still have not been able to speak with any

of my family or anyone involved in scientology. 42)

Before this case was removed to federal court, I was deposed for two

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days by one of Scientology’s in-house lawyers and had to respond to over 50

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document request, most of which had nothing to do with the time period I worked

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for Scientology.

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43)

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When I worked for CSI, they would periodically require that I sign

“contracts”. The practice at CSI was to make employees sign papers but not give

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the workers copies of what they were required to sign. I was not allowed to have

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copies of whatever I was required to sign.

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I declare under penalty of perjury under the laws of California and the United

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States of America that the foregoing is true and correct. Executed on July 7, 2009

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in Los Angeles County, California.

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