1     KENDRICK L. MOXON
      BOWLES & MOXON
2     6255 Sunset Boulevard, Suite 2000
      Hollywood, California 90028
3     (213) 953-3360

4     Attorneys for plaintiff
      DAVID MISCAVIGE
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9                 UNITED STATES DISTRICT COURT,

10           FOR THE CENTRAL  DISTRICT OF CALIFORNIA

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      DAVID MISCAVIGE,         )     Civil No. 88-7341 TJH(KX)
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          Plaintiff,           )     ORDER REGARDING
13                             )     DECLARATION OF
          V.                   )     C. PHILIP XANTHOS
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      INTERNAL REVENUE SERVICE,)
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          Defendant.           )
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      _________________________)
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          In consideration of plaintiff's motion to strike the
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      declaration of C. Philip Xanthos, defendant's opposition and the
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      arguments of the parties, it is hereby recommended by the
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      Special Master as follows:
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          The Master finds that the attachment to the Xanthos
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      declaration, "RE: SMASH SQUIRRELS PJT", is a forgery and that a
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      any rate, the declaration and its attachment constitute a
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      response to interrogatories which pursuant to Local Rule 8.31
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      shall not be filed with the clerk.
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          The Xanthos declaration, dated June 11, 1992 and its
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      attachment, which was originally filed on June 17, 1992 and a
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1     copy of which is also attached to the IRS's evidentiary appendix

2     filed on February 22, 1993 in support of its motions for summary

3     judgment re: Exemption 7 (bates stamped 65-81), are hereby

4     stricken from the clerk's files. The declaration and its

5     attachment are to be removed from the files and returned by the

6     clerk's office to counsel for defendant.

7          Dated: September 20th, 1993

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      IT IS SO ORDERED.                TERRY J. HATTER, JR.
13                                    UNITED STATES DISTRICT JUDGE

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