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January 10, 2008

Orthodox Baha'is among those to testify at hearing on NSA's contempt motion

The Honorable Amy J. St. Eve, Judge of the United States District Court for the Northern District of Illinois, presided over the hearing, on January 7, 2008, to take evidence on the question of whether Orthodox Baha'i Faith Respondents Joel B. Marangella (the present Guardian of the Cause of God), Frank D. Schlatter, and the Provisional National Baha'i Council of the United States, and also the organization established by Dr. Leland Jensen that recognizes Neal Chase as the Guardian, are legally in "privity" with the defunct National Spiritual Assembly of the Baha'is of the United States Under the Hereditary Guardianship ("NSAUHG") the the national organization that once presided over the followers of Charles Mason Remey. The Court held the hearing in order to determine factual issues related to the sans-Guardian NSA's motion for contempt of the 1966 Judgment that was entered against the NSAUHG.

The City of Chicago racked up record high temperatures for that normally cold and snowy time of year, with temperatures in the mid 50's. Perhaps this was the result of the prayers of the Orthodox Baha'is who were forced to leave a moderate climate in New Mexico in the beginning of January, in order to defend their right to use word "Baha'i" in their names and on their websites, in a far away courthouse situated in a considerably colder climate.

After the attorneys for the parties gave their opening argument, the witnesses testified under questioning by attorneys for each party.  The first witness was Dr. Robert Henderson, the former Secretary of the NSA. Next was Frank Schlatter and then Marilyn Meyer of the Orthodox Bahai Faith. Finally, Neal Chase faced questions about his organization's relationship, if any, with the NSAUHG. The parties also submitted designations of transcript deposition testimony for the witnesses who were not present. All parties also submitted document exhibits into evidence.

The Court has set a briefing schedule for post-trial submissions (in lieu of a closing argument).  The NSA is to file its brief on January 14, 2008.  Responses are due January 22, and the NSA's reply is due January 28, 2008.  Due to a delay in receiving the hearing transcript, those deadlines are expected to be moved back.

After the submissions have been provided to the Court, it will rule on the pending contempt motion by written order.  There is no way to determine when the Court will issue its decision.

Jeffrey

 

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  • The Orthodox Bahá'í Faith has no affiliation with the Bahá'í Faith presently headquartered in Wilmette, Illinois or Haifa, Israel. Opinions expressed are those of the blog author only who is solely responsible for its content, and are not necessarily the opinion of the Orthodox Bahá'í Faith or its members.

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