Order: Re Contempt; Bench Warrant for L. Ron Hubbard (December 3, 1952)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

In the Matter of
THE HUBBARD DIANETIC FOUNDATION, INC.

Bankrupt

In Bankruptcy
No. 379 B-2

ORDER

Now at Wichita, Kansas on this 3rd day of December, 1952, it appears to the court that on the 15th day of August 1952, the referee herein entered an order directing one L. Ron Hubbard to return to the trustee in this matter Nine Thousand Two hundred Eighty-six and 99/100 ($9,286.99) Dollars in cash, and certain chattel all as mentioned in said order; that subsequent thereto; that subsequent thereto, said Hubbard filed a petition for review of said order which petition was duly answered by the trustee; that said petition for review, together with pertinent portions of the file herein, were certified to the Judge by the referee herein on the 27th day of August, 1952; that the trustee thereupon filed a petition for an order directing Hubbard to appear before this court and show cause why he should not be found to be in contempt of court for refusal to obey the order first mentioned; that upon a hearing thereon on the 17th day of September, 1952, the Judge found that Hubbard had not complied with said order, but Hubbard entered a motion to dismiss these proceedings on the ground that the court has no jurisdiction over the subject matter; that the judge thereupon referred the matter beak to the referee for the purpose of determining this jurisdictional question only; that Hubbard and the trustee duly filed their briefs thereon before the referee, and the referee has  subsequently filed his memorandum opinion herein holding that the court has jurisdiction over Hubbard and over the subject matter of this action; and

And the court, having reviewed the file and considered the pleadings and being well advised in the promises finds that on the 13th day of August 1952, the referee entered an order directing said Hubbard to return to the trustee herein on or before the 2nd day of September, 1952, the following:

$9,286.00 in cash
All chattel set forth in Exhibit “A” to the trustee’s cross petition filed in response to the motion of L. Ron Hubbard to recover certain assets. Two soundscribers, one filing cabinet, two desks, and chairs

and the court further finds that said finding and order were proper under the evidence and were according to law, and involved no abuse of discretion on the part of the referee, were not erroneous, were not made under influence of prejudice, and that there is no newly discovered material evidence which Hubbard with reasonable diligence could not have presented at the hearing; and the court finds that said findings and order should be approved and affirmed in every respect, and that the petition for review thereof should be denied.

And the court further finds that at all times mentioned in this order the court had jurisdiction over said Hubbard and over the subject matter of this action; and the court finds that the motion of Hubbard to dismiss these proceedings on the ground that the court does not have jurisdiction over the subject matter should be denied.

And the court further finds that the court has jurisdiction, power and authority to enter this present order, including all the terms hereof, at this time and place and in this manner.

And the court further finds that Hubbard had not obeyed the lawful order entered herein on the 15th of August, 1952, which order is first above mentioned, and the court finds that said Hubbard is in contempt of this court by reason of his disobedience to the lawful order of courts.

IT IS THEREFORE ORDERED that the aforesaid order entered herein on the 15th day of August, 1952, be affirmed; that the petition for review of said order, filed herein by L. Ron Hubbard, be denied; and that the motion to dismiss, filed herein by L. Ron Hubbard, be denied.

IT IS FURTHER ORDERED AND ADJUDGED that said L. Ron Hubbard is in contempt of this court by reason of his disobedience of the lawful order of this court, which lawful order is more particularly set forth in the findings above.

IT IS FURTHER ORDERED that the Clerk of Court issue a warrant directing the United States Marshal to bring said L. Ron Hubbard before this court in order that this court can ascertain and order appropriate punishment for such contempt.

(Signed) DELMAS C. HILL
United States District Judge

APPROVED:

/S/WILLIAM PORTER
William Porter, Trustee

[No signature]
A. D. Weiskirch, Attorney for L. Ron Hubbard

Notes