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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION 
BENJAMIN BURGESS, RHONDA BURGESS, HEIDI HOWARD, JOYCE MARTIN, BETH KARAMPELAS, TERRI DACY, and MICHAEL DACY, Individually and on behalf of all others similarly situated, Plaintiffs, v. RELIGIOUS TECHNOLOGY CENTER, INC., ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL, NARCONON INTERNATIONAL, and NARCONON OF GEORGIA, INC., Defendants. ) ) ))))) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action File No. 1:13-cv-02217-JOF
 MEMORANDUM IN SUPPORT OF DEFENDANT RELIGIOUS TECHNOLOGY CENTER, INC.’S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, FOR FAILURE TO STATE A CLAIM
Defendant Religious Technology Center, Inc. (“RTC”) has moved to dismiss Plaintiffs’ claims against it because the Court lacks personal jurisdiction over RTC. RTC is a non-profit religious corporation organized under the laws of California and located in California. RTC conducts no business and has no physical presence in Georgia. Contrary to Plaintiffs’ allegations, RTC does not own or control any of
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the other Defendants in this case and does not own any of the intellectual property associated with the Narconon program. RTC lacks the minimum contacts with Georgia constitutionally required for the exercise of personal jurisdiction over it, and Plaintiffs’ claims against RTC therefore must be dismissed. Alternatively, RTC, specially appearing, joins in the motions to dismiss filed on July 9, 2013, by Defendants Narconon International and Association for Better Living and Education International (Docs. 4 and 5) and moves the Court for an order dismissing Plaintiffs’ claims against RTC under Rule 12(b)(6) for failure to state a claim upon which relief can be granted on the grounds set forth therein.
FACTUAL BACKGROUND A. Plaintiffs’ Allegations
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Plaintiffs have alleged claims of fraudulent misrepresentation, breach of contract, and related claims purportedly on behalf of a class of individuals who  paid, on behalf of others, for drug and alcohol rehabilitation services provided by Defendant Narconon of Georgia, Inc. (“NNGA”). (Compl. ¶¶ 1–19.) Plaintiffs allege that in agreeing to pay for such drug and alcohol rehabilitation services, they relied upon certain alleged misrepresentations regarding the program made by
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 On a motion to dismiss under Rule 12(b)(2), the allegations of the complaint are taken as true only to the extent they are uncontroverted.
 Exceptional Mktg. Group,  Inc. v. Jones
, 749 F. Supp. 2d 1352, 1357 (N.D. Ga. 2010).
 
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 NNGA and Defendant Narconon International (“NN International”). (
 Id 
. ¶¶ 3, 7, 11, 14, 18.) The complaint alleges that the Narconon programs were established  based upon the writings and “technology,” or “tech,” of L. Ron. Hubbard, the founder of the Church of Scientology. (
 Id 
. ¶¶ 39, 41.) Plaintiffs allege that NN International and NNGA are controlled by Defendant Association for Better Living and Education International (“ABLE”), which allegedly “operates as an umbrella group that oversees the drug and alcohol rehabilitation . . . activities of the Church of Scientology” and “controls the time, manner, and method of International and  NNGA’s businesses.” (
 Id 
. ¶ 24.) As to Defendant RTC, Plaintiffs acknowledge that RTC “is a foreign, nonprofit corporation registered in the State of California with its headquarters in Los Angeles, California.” (
 Id 
. ¶ 20.) The complaint alleges that “RTC oversees Church of Scientology activities and serves as the final arbiter and enforcer of orthodoxy for all Scientology-related activities and organizations” and also that “RTC approves the activities of International and NNGA, and also licenses the ‘technology’ used in Narconon centers through its subsidiary, ABLE.” (
 Id 
. ¶ 21.) The complaint goes on to allege that RTC “assumed control over the time, manner, and method of NNGA’s operations, and RTC was doing business in the State of Georgia by and through its agents, ABLE, International, and NNGA.” (
 Id 
. ¶ 22.)
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