NAFC v. Scientology: Answer and Counterclaim by Narconon Oklahoma

8/12/2019 NAFC v. Scientology: Answer and Counterclaim by Narconon Oklahoma

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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF OKLAHOMA

1. NATIONAL ASSOCIATION OF FORENSIC )

COUNSELORS, INC., a Nevada Non-Profit )Corporation; et al. ))

Plaintiffs, )

)v. ) Case No.: 6:14-cv-00187-RAW

)

1. NARCONON INTERNATIONAL, a California )

Non-Profit Corporation; et al. ))

Defendants. )

ANSWER AND COUNTERCLAIM

OF NARCONON OF OKLAHOMA, INC.

The Defendant, Narconon of Oklahoma, Inc. (NNOK) hereby answers the

Complaint of Plaintiffs, National Association of Forensic Counselors, Inc. (hereinafter

NAFC) and American Academy of Certified Forensic Counselors, Inc. d/b/a American

College of Certified Forensic Counselors (hereinafter ACCFC), and counterclaims

against NAFC and ACCFC.

ANSWER

COMES NOW NNOK and for its Answer to the Complaint of NAFC and

ACCFC, does generally and specifically deny each and every allegation contained in the

Plaintiffs' Complaint except those admitted below:

PARTIES JURISDICTION AND VENUE

6:14-cv-00187-RAW Document 302 Filed in ED/OK on 08/01/14 Page 1 of 72


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1. NNOK is without sufficient knowledge to admit or deny the allegations

contained in paragraph 1 of Plaintiffs Complaint and therefore denies them.

2. NNOK is without sufficient knowledge to admit or deny the allegations

contained in paragraph 2 of PlaintiffsComplaint and therefore denies them.

3. The allegations contained in paragraph 3 of Plaintiffs Complaint are

unrelated to and require no answer from NNOK. To the extent that an answer is required,

NNOK is without sufficient information to admit or deny those allegations and therefore

denies them.

4. NNOK admits the allegations contained in paragraph 4 of Plaintiffs

Complaint.



NNOK is without sufficient knowledge to admit or deny those allegations and therefore

denies them.




denies them.





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denies them.




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denies them.




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denies them.




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is without sufficient knowledge to admit or deny those allegations and therefore denies

them.




denies them.




denies them.




denies them.




denies them.





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denies them.




denies them.



upon information and belief, NNOK admits those allegations.







denies them.






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upon information and belief, NNOK denies those allegations.






upon information and belief, upon information and belief, NNOK denies those

allegations.












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denies them.




denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.

85. NNOK denies the Plaintiffs allegations giving rise to claims under 15

U.S.C 1116 and 1121, 28 U.S.C. 1331, 1338(a), and 1367(a), but admits that the

Court would have subject matter jurisdiction over claims made against this Defendant,

only, as alleged in paragraph 85 of Plaintiffs Complaint.

86. NNOK admits this Court has personal jurisdiction over it but is without

sufficient information to admit or deny whether the Court has jurisdiction over any of the

co-Defendants identified in paragraph 86 of Plaintiffs Complaint and there fore denies

those allegations. NNOK specifically denies the allegations contained in the last two

sentences of paragraph 86 of Plaintiffs Complaint. Further, Plaintiffs' Complaint

improperly contains separate unrelated counts, causes of action and/or claims against

other Defendants which should be severed from any action against NNOK.

87. NNOK denies the Plaintiffs allegations of any acts or omissions giving

rise to Plaintiffs claims but admits that those allegations allow this District to be a proper

venue with respect to claims against this Defendant, only, as alleged in paragraph 87 of

Plaintiffs Complaint.

FACTUAL BACKGROUND AND ALLEGATIONS

NAFC Backgrounds and Trademarks

88. The allegations contained in paragraph 88 of Plaintiffs Complaint amount

to a statement or conclusion to which no answer is required. To the extent that an answer



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is required, NNOKis without sufficient information to admit or deny those allegations

and therefore denies them.



is required, NNOK is without sufficient information to admit or deny those allegations


90. The allegations contained in paragraph 90 and 90 a. through 90 f. of

Plaintiffs Complaint amount to statements or conclusions to which no answers are

required. To the extent that answers are required, NNOK is without sufficient

information to admit or deny those allegations and therefore denies them.


to a self-serving statement or conclusion to which no answer is required. To the extent

that an answer is required, NNOK is without sufficient information to admit or deny

those allegations and therefore denies them.











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is required, upon information and belief, NNOK generally admits that individuals must

meet certain requirements in order to be certified by or through NAFC as alleged in

paragraph in paragraph 96 of Plaintiffs Complaint. To the extent that the allegations

contained in paragraph 96 go beyond the generality of the need for individuals to meet

certain requirements in order to be certified by or through NAFC, NNOK is without

sufficient information to admit or deny those allegations and therefore denies them.









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100. The allegations contained in paragraph 100 of Plaintiffs Complaint

amount to a statement or conclusion to which no answer is required. To the extent that an

answer is required, NNOK, upon information and belief, admits the allegations contained

in paragraph 100 of Plaintiffs Complaint.

101. The allegations contained in paragraph 101 and 101 a. and b. of Plaintiffs

Complaint amount to statements or conclusions to which no answers are required. To the

extent that answers are required, NNOK, upon information and belief, denies the

allegations contained in paragraph 101 and 101 a. and b. of Plaintiffs Complaint.



answer is required, NNOK is without sufficient information to admit or deny those

allegations and therefore denies them.







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answer is required, NNOK, upon information and belief, denies those allegations.









107. The allegations contained in paragraph 107 and 107 a. through h. of

Plaintiffs Complaint amount to statements or conclusions to which no answers are

required. To the extent that answers are required, NNOK is without sufficient






109. NNOK is without sufficient information to admit or deny the allegations

contained in paragraph 109 of Plaintiffs Complaint and therefore denies them.



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Defendants Misuse of NAFC Mark, Certifications and Logos

110. NNOKs answers in paragraphs 1 through 109 above are incorporated

herein as if fully repeated.

111. The allegations contained in paragraph 111 of Plaintiffs Complaint which

impose a definition of an alleged Narconon Network are denied. The remaining

allegations contained in paragraph 111 are denied, and NNOK specifically denies that

drug treatment utilizing the technology of L. Ron Hubbard is a fundraising and

recruitment program of the Defendant Church of Scientology.

112. NNOK is without sufficient information to admit or deny the allegations

contained in paragraph 112 of Plaintiffs' Complaint insofar as they relate to other

Defendants but admits that it is a drug treatment and rehabilitation center but denies that

it is part of the Narconon Network as defined by Plaintiffs and further denies that it is

run by Narconon International.

113. NNOK denies the allegations of paragraph 113 of Plaintiffs Complaint

insofar as they related to Pita Group, Inc. Dena Goad, and Kent McGregor. NNOK

specifically denies the implication in paragraph 113 that Pita Group, Inc., Dena Goad and

Kent McGregor operate websites for the sole purpose of referring business to NNOK.

NNOK is without sufficient information to admit or deny the allegations of paragraph

113 as they relate to the other entities and/or individuals identified and therefore denies

them.


amount to a statement or conclusion about other Defendants and require no answer by



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NNOK. To the extent that an answer is required, NNOK is without sufficient


115. NNOK denies the allegations contained in paragraph 115 and specifically

denies the existence of and participation in any alleged common scheme with other

Defendants to promote the Narconon Network through the misuse of NAFC logos,

trademarks and certifications.




denies them.




denies them.




denies them.




denies them.



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120. NNOK denies the allegations contained in paragraph 120 of Plaintiffs

Complaint, as framed. NNOK affirmatively states that references to NAFC credentials

by listing certifications after Defendants names were voluntarily removed by this

Defendant following NAFCs alleged revocation in March of 2013 for reasons that were

both arbitrary and capricious and in violation of NAFCs own written policies and

procedures (the Alleged NAFC Revocation). If any references to NAFC credentials or

certifications were made after the Alleged NAFC Revocation, alleged suspension, alleged

expiration or alleged lack of certification, such references were inadvertent and not

willful or intentional conduct violating any law. This Defendant affirmatively alleges

that good faith efforts were taken to remove references to NAFC credentials and

certifications following the Alleged NAFC Revocation, and efforts to remove any that

may still exist and can be accessed continue.


amount to a statement or conclusion as to the individual Defendants and are therefore

unrelated to and require no answer from NNOK. To the extent that the allegations of

paragraph 121 of Plaintiffs' Complaint relate to NNOK and require an answer from

NNOK, those allegations are denied.


amount to a statement or conclusion as to Defendants other than NNOK and that are

therefore unrelated to and require no answer from NNOK. To the extent that the

allegations of paragraph 122 of Plaintiffs' Complaint relate to NNOK and require an

answer from NNOK, those allegations are denied, as framed. NNOK affirmatively

alleges that any of its IRS 990 Tax Forms speak for themselves.



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answer from NNOK, those allegations are denied. This Defendant affirmatively alleges

that good faith efforts were taken to remove any references to NAFC credentials,

certifications or boards following the Alleged NAFC Revocation, and efforts to remove

any that may still exist and can be accessed continue.

















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Complaint. This Defendant affirmatively alleges that good faith efforts were taken to

remove any references to NAFC certifications or boards following the Alleged NAFC

Revocation, and efforts to remove any that may still exist and can be accessed continue.


Complaint, as framed, and affirmatively alleges that references, if any, to NAFC

credentials or certifications after the Alleged NAFC Revocation were inadvertent and not

willful or intentional conduct in violation of any law. Further, this Defendant

affirmatively alleges that good faith efforts were taken to remove references to any

NAFC credentials and certifications following the Alleged NAFC Revocation, and efforts

to remove any that may still exist and can be accessed continue.




willful or intentional violating any law. Further, this Defendant affirmatively alleges that

good faith efforts were taken to remove references to any NAFC credentials and

certifications following the Alleged NAFC Revocation, and efforts to remove any that

may still exist and can be accessed continue.


denied by NNOK. Further, this Defendant affirmatively alleges that good faith efforts



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were taken to remove references to any NAFC credentials and certifications following the

Alleged NAFC Revocation, and efforts to remove any that may still exist and can be

accessed continue.




denies them.




denies them.




denies them.


amount to a statement or conclusion or are unrelated to and require no answer from


information to admit or deny those allegations and must therefore deny them.






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denies them. Further, NNOK affirmatively states that Plaintiffs' Complaint improperly

contains separate unrelated counts, causes of action




information to admit or deny those allegations and must therefore deny them.



NNOK. To the extent that an answer is required, upon information and belief, NNOK

denies those allegations.




willful or intentional conduct violating any law. Further, this Defendant affirmatively

alleges that good faith efforts were taken to remove references to any NAFC credentials

and certifications following the Alleged NAFC Revocation, and efforts to remove any

that may still exist and can be accessed continue.



upon information and belief, NNOK denies those allegations, as framed, and

affirmatively alleges that references, if any, to NAFC credentials or certifications after

the Alleged NAFC Revocation were inadvertent and not willful or intentional conduct



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violating any law. Further, this Defendant affirmatively alleges that good faith efforts

were taken to remove references to any NAFC credentials and certifications following the

Alleged NAFC Revocation, and efforts to remove any that may still exist and can be

accessed continue.


amount are unrelated to and require no answer from NNOK. To the extent that an answer

is required, upon information and belief, NNOK denies those allegations, as framed, and



violating any law. This Defendant further affirmatively alleges that good faith efforts

were taken to remove any references to NAFC certifications following the Alleged

NAFC Revocation, and efforts to remove any that may still exist and can be accessed

continue.



upon information and belief, denies those allegations, as framed, and affirmatively

alleges that references, if any, to NAFC credentials or certifications after the Alleged

NAFC Revocation were inadvertent and not willful or intentional conduct violating any

law. Further, this Defendant affirmatively alleges that good faith efforts were taken to

remove references to any NAFC credentials and certifications following the Alleged


continue.



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denies them.


Complaint, as framed, and affirmatively alleges that any reference to CCDC certification

following Alleged NAFC Revocation was inadvertent and not willful or intentional

conduct violating any law. Further, this Defendant affirmatively alleges that good faith

efforts were taken to remove any references to NAFC certifications following the Alleged

NAFC Revocation, and continues its efforts to remove any that may still exist and can be

accessed.




denies them.




denies them, and affirmatively alleges that any use of the CCDC certification following

the Alleged NAFC Revocation was inadvertent and not willful or intentional conduct





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accessed.





efforts were taken to remove references to NAFC certifications following the Alleged


continue.







continue.








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continue.







continue.







continue.



NNOK denies those allegations, as framed, and affirmatively alleges that any reference to

the CCDC certification following the Alleged NAFC Revocation was inadvertent and not

willful or intentional conduct violating any law. This Defendant further affirmatively

alleges that good faith efforts were taken to remove references to NAFC certifications



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following the Alleged NAFC Revocation, and efforts to remove any that may still exist

and can be accessed continue.



















is required, upon information and belief, NNOK denies those allegations, as framed, and




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accessed.







continue.




the CCDC certification following the Alleged NAFC Revocation was inadvertent and









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continue.















continue.





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is required, upon information and belief, NNOK denies those allegations, as framed.

This Defendant affirmatively alleges that any reference to the CCDC certification

following the Alleged NAFC Revocation was inadvertent and not willful or intentional

conduct violating any law. This Defendant further affirmatively alleges that good faith



continue.









continue.




This Defendant affirmatively alleges that any reference to CCDC certification following

the Alleged NAFC Revocation was inadvertent and not willful or intentional conduct





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continue.









continue.









continue.





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denies them.




denies them.




denies them.



NNOK admits there was a link to NNOK on the site referenced in the allegations of

paragraph 167. NNOK states the site/link has been taken down. Further, this Defendant

affirmatively alleges that good faith efforts were taken to remove any references to

NAFC certifications following the Alleged NAFC Revocation, and efforts to remove any

that may still exist and can be accessed continue. This Defendant affirmatively alleges

that any reference to NAFC credentials or certifications following the Alleged NAFC

Revocation was inadvertent and not willful or intentional conduct violating any law.






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information to admit or deny those allegations and must therefore deny them. Further,

this Defendant affirmatively alleges that good faith efforts were taken to remove any

references to NAFC certifications following the Alleged NAFC Revocation, and efforts

to remove any that may still exist and can be accessed continue.


Complaint, to the extent they allege that NNOK owns and operates the website

referenced in those allegations. NNOK is without sufficient information to admit or deny

the remaining allegations of paragraph 169 and therefore denies them. Further, this

Defendant affirmatively alleges that good faith efforts were taken to remove any

references to NAFC credentials and certifications following the Alleged NAFC

Revocation, and efforts to remove any that may still exist and can be accessed continue.




denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.




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denies them.



NNOK is without sufficient knowledge to admit or deny those allegations and

Documents

NAFC v. Scientology: Answer and Counterclaim by Narconon Oklahoma