Author Topic: The Desmond Family v. Narconon of Georgia, Narconon International, et al  (Read 238121 times)

Offline SocialTransparency

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Hear! Hear!


I have only one slight quibble.  The defendant's lawyers are responsible for doing their best for their client, so it's really the defendants, Narconon of Georgia and Narconon International, that your comments should be directed toward.

 I do understand your summation the defendants lawyers are doing their best for their client from a professional stand point. If N of G,s legal team can sleep well @ night knowing that their client may have had a hand in the death of Patrick W Desmond, will I seriously have to look @ this as more of a monetary business transaction than say seeking justice. @ the end of the day those lawyers are in the business on making money. Sadly justice sometimes takes a back seat in these matters.

 I am not implying that the N of G,s legal team is in this souly for monetary gain, but the reality is we as a nation have made litigation a very profitable venture. Take for example a quick look @ the Yellow pages in the phone book. Look what business takes up a MAJOR portion of said telephone book. Lawyers.

 Not saying that this is the case here, but if I were a practicing member of the bar here in Ga, I personally would vet my clientele. If said clientele came with decades of negative historical baggage I for one would have to pass on representing that client from a moral and ethical point of view. Justice is not just about money or winning @ any cost.

 Now another poster put up something that pretty much answers @ the very least why I do what I do. The N of G legal team will just have to accept that reality.

 
Quote
Lack of transparency is a dire threat to the judicial branch, because its very legitimacy depends on public decisions after public arguments based on public records. In the words of our colonial ancestors: "Justice may not be done in a corner."

Offline mefree

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Lack of transparency is a dire threat to the judicial branch, because its very legitimacy depends on public decisions after public arguments based on public records. In the words of our colonial ancestors: "Justice may not be done in a corner."

That's a great tagline for you!
« Last Edit: June 18, 2012, 22:49 by mefree »
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Offline ethercat

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Quote
Transparency is the sine qua non of the common-law tradition we have inherited; without it, the snakes come.

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Offline SocialTransparency

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 L-O-: ||||9000||||
Quote
Transparency is the sine qua non of the common-law tradition we have inherited; without it, the snakes come.

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Offline Intelligence

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Does anyone on here have their own opinion, whether qualified or not, how this
Case is moving along and outcome?

I pray all continues well, with a Milestone, EPIC Win :)
An Ol' Irish Quote:
“You see things; and you say, 'Why?' But I dream things that never were; and I say, 'Why not?'”

Offline ethercat

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Does anyone on here have their own opinion, whether qualified or not, how this
Case is moving along and outcome?

I pray all continues well, with a Milestone, EPIC Win :)

My "inadmissible" and "not legally sound" opinion:
The fact that the case is still going, after this amount of time, is a good sign.  Plaintiffs' attorneys certainly have Narconon's (and scientology's) number and are not fooled in the least by Narconon's gyrations.  Defendant's inability to find important papers asked for in discovery before the very last minute is looking more and more suspicious.  If nothing else, it says little for their ability to keep their records in order - not a good thing for a drug rehab facility.

My focus is on getting the documents unlocked - the same documents they so badly want to keep secret.   ;)
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Offline SocialTransparency

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Does anyone on here have their own opinion, whether qualified or not, how this
Case is moving along and outcome?

I pray all continues well, with a Milestone, EPIC Win :)


 David. The case is moving along. One of the defendants a Dr Lisa Robbins, Medical director hired by Narconon of Georgia has resolved her part in this case to the satisfaction of the plaintiff and its legal team. Resolving meaning a financial settlement may has been reached and agreed upon.

 

Offline Mary_McConnell

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Yes. I agree, with ST and EC.

Good comments!
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Intelligence

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Is the following Legit???

https://whyweprotest.net/community/threads/toxic-narconon-withdrawal-specialist.103921/#post-2148759

DESMOND vs NARCANON *** Hearing Tomorrow ***

Case ID 10A28641
 Description ORDER FILED
 Docket Filing Date 14-JUN-2012
 Associated Party None
 Text
COUNSEL FOR ALL PARTIES APPEAR FOR A HEARING ON PLTF'S MOTION FOR SANCTIONS AND PLTF'S MOTION TO UNSEAL DOCUMENTS ON THURSDAY, JULY 19, 2012 AT 1:30 P.M. IN COURTROOM 2A OF THE DEKALB COUNTY COURTHOUSE - TYD
An Ol' Irish Quote:
“You see things; and you say, 'Why?' But I dream things that never were; and I say, 'Why not?'”

Offline mefree

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The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline BigBeard

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Any word yet on the results of the hearing today??
BigBeard

Offline mefree

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Any word yet on the results of the hearing today??

Long, hearing was long. More details later.
The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline SocialTransparency

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Any word yet on the results of the hearing today??
Short story. It was quite interesting watching the court system in action today. Very professional. Justice is being served. Justice will prevail! :D

Offline ethercat

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Longer short story:

mefree is right.   ST is right, too.

The hearing was long.  It's been a long day, so I'll just give the main outcomes, and leave the interesting details I remember until tomorrow, unless the others who were there would like to post the things they remember.

This was a Motions Hearing to decide on:
Plaintiffs' Motion for Sanctions
Plaintiffs' Motion to Unseal Documents

Relevant documents are linked in this thread:
http://forum.reachingforthetippingpoint.net/index.php/topic,8408.msg23680.html#msg23680

On the Motion for Sanctions, Judge Hydrick found that Narconon of Georgia had deliberately abused the discovery process, and will impose sanctions.  She is undecided as to what the sanctions will be as yet, but asked the Plaintiffs' attorneys to draft an order with the facts, and leave the sanctions for her to fill in.

On the Motion to Unseal Documents, Judge Hydrick ordered the Narconon attorneys to go through the documents currently under seal, and page by page, indicate exactly what the privacy interests were and why they should take precedence over the public's right to access the documents.  She stated that this should have been done prior to the hearing, and gave them 11 days in which to do this.  She had to clarify to them that it is not their position to ask "what would the public need this for", nor is it the court's concern what the public does with the documents that are available to them.

Scheduling was also discussed, and the Plaintiffs' attorneys requested a trial as soon as possible.  Judge Hydrick had an opening in September 2012, with the next not being until May 2013.  Narconon International's attorneys argued that September was too soon for them, since they had just taken over as NN Int's legal team.  Other options were discussed (such as waiting for a slot as a backup when another scheduled case might be settled or delayed), but due to his job, Major Desmond needs more notice to attend than that would provide.  No decision was made on scheduling today, and Judge Hydrick will think about what the best solution to this problem is.

Of special note: Major and Mrs. Desmond were in the courtroom today.  I find I need a "respect" smiley here, and don't have one.  The Desmonds deserve a great deal of respect for their bravery and strength, and they certainly have mine.
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Offline mefree

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Quote
Of special note: Major and Mrs. Desmond were in the courtroom today.  I find I need a "respect" smiley here, and don't have one.  The Desmonds deserve a great deal of respect for their bravery and strength, and they certainly have mine.

The Desmonds lost their son in 2008 and this case is now two years old. They have my highest respect for walking this difficult road.

Some moments that stood out for me at yesterday's hearing include Attorney Marschalk's attempt to discuss the circumstances surrounding Patrick's death (quickly shut down) at the beginning of a circuitous argument, Judge Hydrick's statement that she did not find Mary Rieser to be credible, the amazing clarity of Jeff Harris, Barbara Marschalk's near hysteria over documents and pictures POSTED ON THE INTERNET and the discovery that there is another civil case in a Georgia federal court brought by Western World Insurance. I think someone doesn't want to pay.

More documents to come, but here's a preview of that complaint:

Quote
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

WESTERN WORLD INSURANCE COMPANY, Plaintiff,
CIVIL ACTION

v.

NARCONON OF GEORGIA, INC.,
NARCONON INTERNATIONAL,
DELGADO DEVELOPMENT, INC.,
PATRICK C. DESMOND AND MARY
C. DESMOND, INDIVIDUALLY,
AND MARY C. DESMOND, AS
ADMINISTRATRIX OF THE ESTATE
OF PATRICK W. DESMOND,

Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT

COMES NOW Plaintiff Western World Insurance Company (hereinafter “Western World”), and pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, files this complaint for declaratory relief showing the Court as follows:

I. PARTIES
1.

Western World is a corporation organized and incorporated under the laws of the State of New Hampshire with its principal place of business in New Jersey. It is a citizen of the States of New Hampshire and New Jersey for purposes of determining diversity of citizenship in this action.

2.

Narconon of Georgia, Inc. (“Narconon of Georgia”) is a non-profit corporation organized and incorporated under the laws of the State of Georgia with its principal place of business in the State of Georgia. It is a citizen of the State of Georgia for purposes of determining diversity of citizenship in this action. It can be served by delivering a summons and a copy of this Petition to its registered agent, Mathew C. Hines, 150 Bankhead Highway, Carrollton, Carroll County,
Georgia 30117.

3.

Narconon International (“Narconon International”) is a non-profit corporation organized and incorporated under the laws of the State of California with its principal place of business in the State of California. It is a citizen of the State of California for purposes of determining diversity of citizenship in this action. action. Service may be perfected on Narconon International by delivering a summons and a copy of this Petition to its registered agent, Helena Kobrin, 3055 Wilshire Blvd., Ste. 900, Los Angeles, CA 90010-1137.

4.

Delgado Development, Inc. ("Delgado") is a dissolved corporation that was incorporated under the laws of the State of Georgia. At all times during its operation and as a dissolved corporation, its principal place of business is the State of Georgia. For purposes of determining diversity of citizenship in this action, Delgado is a citizen of the State of Georgia. Delgado may be properly served, pursuant to Fed. R. Civ. P. 4(h) and O.C.G.A. § 14-4-161(b) by delivering a summons and a copy of this Petition to its registered agent at the time of dissolution: Maria Delgado, 2810 Valley Brook Drive, Marietta, Cobb County, Georgia 30008.

5.

Patrick C. Desmond and Mary C. Desmond are residents of the State of Florida. The Estate of Patrick W. Desmond, for which Mary C. Desmond is the duly appointed administratrix, was formed and letters of administration were issued in the State of Florida. Patrick W. Desmond was a citizen of the State of Florida at the time of his death. For purposes of determining diversity of citizenship in this action, Patrick C. Desmond; Mary C. Desmond, individually and as administratrix of the Estate of Patrick W. Desmond; and the Estate of Patrick W. Desmond are citizens of the State of Florida. They may be properly served in person by delivering a summons and a copy of this Petition to the home address of Patrick C. Desmond and Mary C. Desmond at: 934 Cormorant Court, Viera, Florida 32955.

II. JURISDICTION AND VENUE
6.

This declaratory judgment action arises out of an actual dispute or controversy that exceeds $75,000 exclusive of interest and costs. The dispute involves allegations of wrongful death and demands have been made by Defendants Patrick C. Desmond and Mary C. Desmond to the other Defendants and Plaintiff an amount in excess of $1 Million. In addition, the projected cost of providing legal defense to persons insured under the Western World insurance policy pursuant to its duty to defend, exclusive of interest and costs for the prosecution of this action by Western World, exceeds $75,000....

Declatory judgement definition:
http://legal-dictionary.thefreedictionary.com/declaratory+judgment

to be continued...
The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline SocialTransparency

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 Of interest during the court hearing yesterday it was brought up several times by both council for the plaintiff and the presiding judge that Narconon of Georgia,s Executive director, Mary Reiser is NOT a credible individual in regard to this wrongful death case.

 This lack of credibility must really impose great difficulty for Mary Reisers attorneys.

 As it is my understanding after attending yesterdays court proceedings defendants council and or its agents read this website. So on that note I would like to leave a small sampling of attorney Barbara Marschalk clients handy work.


 Within this official online Narconon of Georgia webpage many a falsehood can be blatantly seen.



Here is a closer look at the webpage!



Mary Reiser claims the Narconon of Georgia facility is a LONG TERM RESIDENTIAL TREATMENT PROGRAM with a TOTAL OF 60 BEDS! The webpage goes on to state Narconon of Georgia directs its treatment to various individuals including those with DUAL DIAGNOSIS and that Narconon of Georgia states BUPRENORPHINE is used in treatment .


 Attorney Marschalk may need to ask the question of her client that since the discovery of the above Narconon of Georgia website posting THAT WEBSITE POSTING HAS BEEN ALTERED. Why did the website need altering?

 Have a look @ the webpage as of 7/20/2012.

http://www.treatment-centers.net/directory/georgia/norcross/narconon-of-georgia.html

 Please take note that the 60 BED LONG TERM RESIDENTIAL TREATMENT and BUPRENORPHINE use in treatment has been redacted from the web page.

« Last Edit: October 03, 2012, 21:30 by SocialTransparency »

Offline Mary_McConnell

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OMG MeFree.... can you post the full WESTERN WORLD INSURANCE COMPANY complaint?

Western World must be catching on fast that insuring Narconons is bad for business and they better try and limit their liability for paying out deserved funds diue plaintiffs.

Western World, along with Narconon Int and Narconon Arrowhead ( Narconon Oklahoma), was sued by the Werninck Family & Kayse's estate this past December in Tulsa court for nonpayment of the agreed upon settlement from last year in the Werninck case. That was regarding Kasey Werninck's negligent death.

21 days later, they all settled for good and closed the case.

Tulsa CJ-2011-7255 12/01/2011 NARCONON OF OKLAHOMA INC (Defendant) WERNINCK, KEITH B v. NARCONON OF OKLAHOMA INC
http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2478139&db=Tulsa
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

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Yep. The entire case dox will be posted. This complaint is 54 pages.

Narconon is a terrible risk for any carrier. I'm surprised that they were able to obtain this coverage.
« Last Edit: July 21, 2012, 08:22 by mefree »
The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline Mary_McConnell

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Thanks.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

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Documents and discussion for the Western World Insurance Company case are here:
http://forum.reachingforthetippingpoint.net/index.php/topic,11114

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