1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Ryan A. Hamilton  NEVADA BAR NO. 11587 HAMILTON LAW 5125 S. Durango Dr., Ste. C Las Vegas, NV 89113 (702) 818-1818 (702) 974-1139 ryan@hamiltonlawlasvegas.com

 Attorney for the plaintiffs, Cathy Tarr and Michael Tarr

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

CATHY TARR, a Virginia Citizen; and MICHAEL TARR, a Florida Citizen, Plaintiffs, vs.  NARCONON FRESH START d/b/a RAINBOW CANYON RETREAT; and DOES 1-100, ROE Corporations I

 – 

 X, inclusive, Defendants.

Case No. 2:14-cv-00283-GMN-NJK

PLAINTIFFS’OPPOSTION TO DEFENDANT’S MOTION TO

DISMISS COMPLAINT OR, IN THE ALTERNATIVE, TO STRIKE OR FOR MORE DEFINITE STATEMENT

Defendant urges

this Court to dismiss Plaintiffs’ Complaint

 because Defendant claims it cannot respond to allegations about its own treatment program. Without providing specific

examples, Defendant complains that Plaintiffs’ Complaint is fraught with editorial comments,

inflammatory language, impertinent allegations, and argument. The reality is less exciting: The

Complaint merely sets forth the factual allegations underlying Plaintiffs’ claims.

The Complaint is well within the federal pleading standards of Fed. R. Civ. P. 8.

Defendant’s Motion is a non

-starter and should be denied. Accordingly, Plaintiffs oppose

 Defendant’s Motion to Dismiss Complaint or, In The Alternative, to Strike or for More Definite

Statement 

 

(“Defendant’s Motion”).

Case 2:14-cv-00283-GMN-NJK Document 8 Filed 04/10/14 Page 1 of 14

 

 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

DATED this 10

th

 day of April, 2014. HAMILTON LAW, LLC By: /s/Ryan A. Hamilton Ryan A. Hamilton  NV Bar No. 11587 5125 S. Durango Ste., C Las Vegas, NV 89113

MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION

 This case involves a bizarre, elaborate fraudulent scheme. In April of 2013, Plaintiff Cathy Tarr was searching the Internet for a drug treatment program for her son, Michael. After being routed to a Narconon representative from someone she believed was an independent consultant, the Narconon representative persuaded Ms. Tarr to send her son to Narconon. To persuade her, the

 Narconon representative promised that Narconon had a 76% “success rate,” that Narconon had a sauna program that was “scientifically proven” to

eliminate drug cravings, that her son would receive one-on-one counseling from qualified counselors, and that the program was secular.

Believing these claims, Ms. Tarr paid Narconon’s $33,000 fee and sent her son to the program.

When Michael entered Narconon, however, Narconon treated him only with teachings and  practices from the religion of Scientology. Each of the promises the Narconon representative made to Ms. Tarr was false. Narconon staff never even spoke to Michael Tarr about his substance abuse, let alone counsel him about it. In lieu of treatment, Narconon had Michael unwittingly study and  practice introductory Scientology in its eight course books written by L. Ron Hubbard. And, the sauna program Narconon claimed eliminated drug cravings was nothing more than a dangerous

Scientology ritual known as the “Purification Rundown.”

Case 2:14-cv-00283-GMN-NJK Document 8 Filed 04/10/14 Page 2 of 14

 

 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Plaintiffs filed suit on February 24, 2014

1

, seeking compensatory and punitive damages for fraud, negligence,

and breach of contract. As required under Fed. R. Civ. P. 9(b), Plaintiffs’ Complaint pleads Narconon’s fraud with particularity, setting out the “time, place, and manner”

for each fraudulent representation Plaintiffs allege. In so doing, Plaintiffs make factual allegations about the contents of the Narconon course materials Michael Tarr received. Plaintiffs must do this

to allege with particularity the “manner” of Defendant’s false representations that Narconon is a

secular program that would provide Michael Tarr addiction counseling.

Further, in support of Plaintiffs’ prayer for punitive damages on their fraud claim, Plaintiffs allege that Narconon knew that its promises to Ms. Tarr of a 76% “success rate” and a

sauna program proven to eliminate drug cravings were false. Plaintiffs allege that Narconon knew these claims were false by quoting portions of deposition testimony from a prior case in which a  Narconon expert admitted they cannot back up these claims. As additional support for their prayer for punitive damages, Plaintiffs allege that Narconon is being used to recruit members for the Church of Scientology. To allege

the requisite malice and oppression to support Plantiffs’ prayer for punitive damages, Plaintiffs quote and attach Narconon’s own do

cuments that suggest the  Narconon program is being used as a recruiting tool for Scientology. (Doc. 1, Exs. G, H).

Plaintiffs’ allegations in the Complaint are proper and comply

 with the requirements of Fed. R. Civ. P. 8.

Defendant’s complaints that it c

annot form a responsive pleading are disingenuous. The majority of

the paragraphs in Plaintiffs’ Complaint make basic allegations

about Narconon’s own program

. The information to answer these allegations is uniquely and

necessarily within Narconon’s knowle

dge. Such allegations may answered easily by quick

reference to Narconon’s course materials, or in a phone call between counsel and client.

1

 

Plaintiffs filed suit February 24, 2014, and served Narconon’s registered agent February 26, 2014. Pursuant to an extension, Narconon’s responsive pleadings

 was due April 8 and Narconon filed the instant Motion April 8

 

Case 2:14-cv-00283-GMN-NJK Document 8 Filed 04/10/14 Page 3 of 14