Church of Scientology Celebrity Center International v. Internal Revenue Service

In this order, the Court decide a motion submitted on behalf of Mr. Richard Behar to quash a deposition subpoena served on him by the Church of Scientology Celebrity Center International, the Plaintiff in the underlying action against the Internal Revenue Service. In addition, Mr. Behar has moved for sanctions pursuant to F.R.Civ.P. 11 and 26(a). For the reasons set forth below, the deposition subpoena is quashed and the motion for sanctions is denied. Facts:

Mr. Behar’s motion involves a subpoena served by the Church of Scientology Celebrity Center International (“the Church”) for the deposition of Mr. Behar, a journalist with Time magazine. Mr. Behar recently wrote a cover story unfavorably depicting the Church and its practices. In a subsection entitled “The Scientologists and Me”, he described his own experience of being harassed by attorneys and private investigators allegedly dispatched by the Church in retaliation for the article.

The Church seeks the deposition of Mr. Behar in connection with its lawsuit against the Internal Revenue Service (“the IRS”) under the Freedom of Information Act (“FOIA”), 5 U.S.C.A. § 552 . In that action, the IRS has refused to disclose…