IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

PATRICK C. DESMOND, MARY C. DESMOND, Individually, and MARY C. DESMOND, as Administratrix of the Estate of PATRICK W. DESMOND,

Plaintiffs,

v.

NARCONON OF GEORGIA, INC., NARCONON INTERNATIONAL, DELGADO DEVELOPMENT, INC., SOVEREIGN PLACE, LLC, SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, M.D., and THE ROBBINS GROUP, INC.,

Defendants.

DEFENDANT NARCONON OF GEORGIA, INC.'S MOTION AND INCORPORATED B R I E F IN SUPPORT T H E R E O F T O K E E P CERTAIN

DOCUMENTS F I L E D WITH T H E COURT UNDER SEAL

COMES NOW Narconon of Georgia, Inc. ( "this Defendant") in the above-referenced

civil action and, pursuant to Uniform Superior Court Rule 21, requests that certain documents

filed with the Court remain under seal to adequately protect the privacy interests of this

Defendant and give effect to the Protective Order entered in this case. In support of this motion,

this Defendant shows this Court the following:

I. B R I E F STATEMENT OF FACTS

The above-referenced matter was filed on May 19, 2010, in which Plaintiffs seek

damages for the alleged wrongful death of Patrick Desmond. Patrick Desmond died due to

cardiopulmonary arrest secondary to a heroin overdose. In their Complaint, Plaintiffs assert a

variety of causes of action against the named Defendants for their alleged failure to provide safe,

§ § § § § §

? Civil Action File No: 10A28641-2

properly licensed, legally operated, scientifically and medically based rehabilitation treatment

services to Patrick. (See generally, Complaint).

Because of the nature of the discovery process, Plaintiffs have been allowed access to

highly sensitive and even confidential information concerning employees and students of

Defendant and its structure and operation. Recognizing Defendant's privacy concerns, the

parties entered into an agreement to treat certain documents and information confidential and

limiting the use of such information as needed for this litigation. That agreement was adopted as

an Order of this Court. (See Protective Order, entered on March 25, 2011, attached as Exhibit 1).

Defendant produced numerous documents pursuant to the express terms of that Protective

Order. In connection with certain motions in this case, some of these documents have recently

been filed with the Court under seal pursuant to the Court's verbal order of April 5, 2012.

Namely, on April 16, 2012, Plaintiffs filed six categories of documents under seal. See attached

Exhibit 2.

One month later, however, Plaintiffs' counsel moved the Court to unseal four out of the

six sets of records: (1) Urgent Directive Documents (Bates Stamp Nos. Desmond-D-GA-008588-

008593); (2) Post Incident Documents (Bates Stamp Nos. Desmond-D-GA-009821-009834); (3)

Board of Investigation Documents (Bates Stamp Nos. Desmond-D-GA-009910-009976); (4)

Misc. Narconon Documents (Bates Stamp Nos. Desmond-D-GA-010012-010016). Plaintiffs

again moved the Court to unseal certain documents during the July 19, 2012 hearing, although

those documents concern essentially the same subject matter as the four categories listed above.

(See Bates Stamp Nos. Desmond-D-Intl-1057 through 1060; Bates Stamp Nos. Desmond-D-Intl

Confidential-1966 through 1968, 1034 through 1040).

While Defendant does not object to the proper use of these documents and information in

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this litigation, as expressed in the Protective Order, opening these significant portions of the

record wi l l effectively eviscerate the very terms of the Order under which the documents were

filed with the Court.

Furthermore, due to the open access to the Court's record, persons wholly unaffiliated

with this litigation and whose interests are adverse to Defendant have been provided ready access

to information that the parties have agreed is confidential and should be protected. Anti-

Narconon groups are actively monitoring this litigation and have pulled pleadings, interlocutory

orders, clips from video depositions, deposition transcripts, police reports, and other information

and documents from the record of this case for the purpose of spewing venom and criticism of

Narconon of Georgia on their websites. A simple search of the name "Patrick Desmond"

through Google's search engine results in what appears to be something in the range of at least

200 Internet websites that discuss this litigation.

For example, a thread on the Operation Clambake Message Board is devoted to this

litigation. (http://ocmb.xenu.net/ocmb/viewtopic.php?t=33257). Through that website, anyone

and everyone can access documents from this case and engage in discussions about the parties,

facts, witnesses, and even the judges. The concerning consequences of the availability of the

record of this case to the general public are illustrated by the following comment found on the

Operation Clambake Message Board:

Thank you Mary for updating and cross posting the current particulars involving this tragic case. The words coming out of NarCONon of Georgia executive director Mary Rieser,s mouth during her deposition are to say the least "Very revealing". She for all intents and purposes does not know what her own organization is about much less anything remotely relating to addiction and or drug rehabilitation services.

Though the PDF,s are huge, the content is well worth a look at. An insiders look at a scam of epic proportions.

-3 -

(Excerpts from Operation Clambake Message Board at attached hereto as Exhibit 3). The

websites cherry-pick the documents to suit their agenda - the public attack of Narconon. They

do not limit their intrusion to what may ultimately be admissible evidence before any jury that

may hear this case. The commentary and conclusions drawn in the banter in these websites are

not legally sound. Yet, it is all available for anyone, including the prospective jury pool for this

case, to review.

II . ARGUMENT AND CITATION OF AUTHORITY

Pursuant to Uniform State Court Rule 21, all "court records are public and are to be

available for public inspection unless public access is limited by law or by the procedure set forth

below." Rule 21.2 authorizes the State Court to limit the access to court records "upon a finding

that the harm otherwise resulting to the privacy of a person in interest clearly outweighs the

public interest."

"The trial court has supervisory power over its own records and may, in its discretion,

seal documents i f the public's rights of access is outweighed by a competing interest." In re

Knight Publishing Company d/b/a The Charlotte Observer, 743 F.2d 231 (4* Cir. 1984) (citing

Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978). It is proper for the Court to

conduct a balancing test in which the following factors are weighed: (1) whether the records are

sought for improper purposes, such as promoting public scandals or unfairly gaining a business

advance; (2) whether release would enhance the public's understanding of an important historical

event; and (3) whether the public has already had access to the information contained in the

records. Nixon, 425 U.S. at 597-608; see also Atlanta Journal v. Long, 258 Ga. 410, 369 S.E.2d

755, 757 (1988) (holding that an order limiting access may be granted on a finding that the harm

otherwise resulting to the privacy of a person in interest clearly outweighs the public interest).

- 4 -

With this balancing test in mind, Defendant wi l l address each category of documents sought to

be unsealed in turn.

As an initial matter, however, while Defendant's privacy rights and the intrusion upon

them by these propaganda websites standing alone is good cause for the Court to seal certain

portions of the record in this case, the interests of a fair trial also support the sealing of the

record. The volume of websites devoted to this litigation is alarming and raises concerns about

potential polluting of the jury pool. This concern wil l extend through the trial, where

undoubtedly it wil l be the natural instinct of curious jurors to "Google" Patrick Desmond and/or

this Defendant during the course of the trial. That search wil l lead them straight to the many

websites whose sole purpose is to convict Defendant in the court of public opinion and which

employ the use of potentially inadmissible evidence and legally unsound commentary to do so.

A. Urgent Directive Documents

First, Plaintiffs seek to unseal Urgent Directive Documents [Bates Stamp Nos.

Desmond-D-GA-008588-008593]. These documents involve Defendant's internal evaluations of

certain matters. Both federal and Georgia law recognize and encourage the public policy

inherent within peer review and quality assurance materials—to encourage candid self-

evaluation. See O.C.G.A. 31-7-130 et.seq.; 42 U.S.C. 11101 et.seq. Indeed, the documents

consist of only six pages out of 18,657 pages of documents produced to date by Defendant in

response to various discovery requests by the Plaintiff. The resulting harm to Defendant's

privacy interests and the potential chilling effect unsealing these documents would have on

future internal assessments of its program greatly outweighs the public's interest. Therefore, this

Defendant requests that the Court order these documents to remain sealed until the time of trial,

at which time the Court can decide how to handle the documents that have been sealed.

-5 -

B. Post-Incident Documents

Plaintiffs also seek to unseal the Post-Incident Documents, which are comprised o f

limited documents generated after Patrick Desmond's death. [Bates Stamp Nos. Desmond-D-

GA-009821-009834]. Both Georgia and federal law recognize the inadmissibility of subsequent

remedial measures. See Tyson v. Old Dominion Freight Line, Inc., 270 Ga.App. 897, 608 S.E.2d

266 (2004); Royals v. Ga. Peace Officer Standards, etc., 222 Ga.App. 400, 474 S.E.2d 220

(1996); see also Fed. R. Evid. 407. The purpose of this evidentiary exception is underscored by

the public policy of encouraging safety through remedial action. These documents are clearly

intended to be an internal review for that purpose. This Defendant's privacy interests outweigh

the public interest in these documents, and the Court should keep these documents under seal

accordingly.

C. Board of Investigation Documents1

The third category of documents Plaintiffs have moved to unseal are the documents

referred to generally as the "Board of Investigation Documents" [Bates Stamp Nos. Desmond-D-

GA-009910-009976]. Each of these documents are discussed below.

1. Knowledge Reports

Within this group of documents, Bates Stamp Nos. Desmond-D-GA-009910 through

009926; 009929 through 009932; 009942; 009949-009953; and 009961-009965 are what are

known as "Knowledge Reports."2 These documents are completed by students and/or employees

at the Narconon program as part of an "honor system" whereby students and/or employees are

1 Defendant does not oppose unsealing documents Bates Stamp Nos. Desmond-D-GA-009947-009948 (report regarding text message exchange between Mary Rieser and Maria Delgado in March 2008); 009954 (handwritten address and note); 009967-00976 (photographs) and 009955-009960 (Executive Directive July 1, 2008; July 7, 2008 email from Maria Delgado to Mary Rieser; and comments on Delgado Housing). 2 The documents which are Bates Stamp Nos. Desmond-D-GA-009927-009928; 009933-009935; and 009966 are included in the Urgent Directives documents, discussed in Part A, supra. This Defendant requests that such documents remain sealed until the time of trial for the same reasons discussed therein.

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required to notify Defendant of any issues that they witness or have knowledge of, regardless of

whether those issues occur at Defendant's facility or offsite. The students are required to be

completely candid in reporting any issues. The Knowledge Reports contain reporting regarding

a myriad of complaints by students and employees of both Narconon of Georgia and Delgado

Development, Inc., including things like failure to pay a phone bill ; messy housing living

quarters, including cigarette butts and empty soda cans; issues relating to grocery shopping; etc.

Like the Urgent Directives documents, discussed in Part A supra, this is a very limited group of

documents produced by Defendant along with tens of thousands of pages of documents.

The Knowledge Reports are clearly intended to be private and none of the individuals

who authored the documents could have imagined that they may end up produced in response to

voluminous discovery requests years later or, worse, posted on the internet by an anti-Narconon

group. This Court must consider the privacy interests of the individuals who authored the

knowledge reports, especially in light of both state and federal law that prohibit the disclosure of

the identity of any individual who has undergone drug and alcohol rehabilitation and treatment.

See, generally, the Privacy Rule enacted pursuant to the Health Insurance Portability and

Accountability Act ("HIPAA") (45 C.F.R. § 164.502, et seq); see also Haughton v. Canning, 287

Ga. App. 28, 32 (2007). Additional protections for the records of the identity, diagnosis,

prognosis or treatment of any patient maintained in connection with alcohol and drug abuse

education programs are afforded under federal law. See 42 USC §§ 290dd-3 and 290ee-3.

The name of one former student, who specifically has not waived privilege, has been

posted on the internet by an anti-Narconon group. See Exhibit 4, with name redacted. This

Court should protect the privacy interests of non-parties such as that former student, especially in

light of the obvious monitoring of this litigation by very vocal activists who are anti-Narconon.

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The Petition of Ann Lowe and Matthew Hurley to Unseal Documents of Records and

Open Depositions, coupled with the information that has already been posted on the internet,

causes Defendant concern that non-parties to this lawsuit wi l l widely disseminate these

documents solely for the purpose of harming Defendant's reputation. Plaintiffs are, in effect,

attempting to try this case in the court of public opinion. The disclosure of this information wi l l

surely taint the jury pool.

The public policy of maintaining confidentiality of the candid nature of this reporting and

protecting the privacy of individuals who authored the reports while in an education program for

drug and alcohol addiction outweigh the public interest in the details contained in the Knowledge

Reports. Therefore, the Court should keep these documents under seal until the time of trial, at

which time the Court can decide how to handle the Knowledge Reports that have been sealed.

2. Board of Directors' Investigation

Documents Bates Stamp Nos. Desmond-D-GA-009943-009946 are also part of the Board

of Directors' internal investigation discussed in the Urgent Directives in part A supra. Like the

Urgent Directives documents, these documents involve an internal evaluation of certain matters

by this Defendant. For these reasons, and those discussed in part A, supra, the harm to

Defendant's privacy interests and the potential chilling effect to candid internal assessments of

its program outweighs the public interest to know. These documents should remain under seal

until the time of trial, at which time the Court can decide how to handle the Knowledge Reports

that have been sealed.

D. Miscellaneous Narconon Documents

Plaintiffs have also moved to unseal documents referred to as "Miscellaneous Narconon

Documents", Bates Stamp Nos. Desmond-D-Ga-10012-10116.

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Defendant does not oppose unsealing documents Bates Stamp Nos. 10012-10018

(corporate documents relating to Delgado Development, Inc.). However, document Desmond-D-

GA-10019 is part of the Board of Investigation documents identified in part C supra and, for the

reasons discussed therein, the document shall remain sealed.

1. Anonymous Surveys

The documents produced as Bates Stamp Nos. Desmond-D-GA-10020 through 10043;

and 10049-10052 are confidential surveys completed by the students at Defendant's facility

anonymously. Similarly, Bates Stamp Nos. Desmond-D-GA-10044 through 10048; 10053

through 10061; and 10111 through 10116 are confidential surveys completed by the students

housed at Delgado Development. For the same reasons discussed in part C, 1, supra, the

documents are requested to be kept under seal.

2. Statistical Information

Documents Bates Stamp Nos. Desmond-D-GA-10062 through 10063 are related to

statistical data from the Information Center Report from weeks 2/14/2008 and 2/21/2008.

Similarly, documents Bates Stamp Nos. Desmond-D-GA-10064 through 10105 are graphical

representations of the statistical data referenced in the foregoing Information Center Report. The

data contained in these documents are limited to the operation of Defendant's facility during a

limited timeframe. This data constitutes confidential commercial information entitled to

protection under to O.C.G.A. § 9-1 l-26(c)(7). The public's interest in becoming privy to this

information is outweighed by the prejudicial effect it would have on the future operation of

Defendant's rehabilitation facility. This information should not be unsealed at this time.

3. "What Is A Course"

The documents produced as Bates Stamp Nos. Desmond-D-GA-10106 through 10109

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refer to a checklist for "What Is A Course" dated March 4, 2008, and include a quality assurance

type examination of the Narconon of Georgia program. Al l of these documents address the

efficacy o f patient treatment and reflect internal self-evaluations of improving the same. See Part

C, supra. For the same reasons discussed therein, these documents should be kept under seal.

4. Board of Investigation Minutes

Document Desmond-D-GA-10110 is the March 4, 2008 Board of Investigation Minutes.

This document relates to the same Board of Investigation referenced in part C, supra. Because

the Board of Investigation documents should remain sealed, the meeting minutes should

similarly remain sealed for the same reasons discussed above.

E . Documents Referenced at the July 19, 2012 Hearing3

Finally, Plaintiffs have moved to unseal the documents their counsel produced at the July

19, 2012 hearing. Each of these documents will be discussed in turn.

1. Narconon International's Inspection

Documents Bates Stamp Nos. Desmond-D-Intl-1057 through 1060 are confidential

documents related to the purpose and details of Narconon International's inspection of

Defendant's facility. Similarly, Bates Stamp Nos. Desmond-D-Intl Confidential-1966 through

1968; and 1034 through 1040 are emails between Narconon International and Defendant

regarding the details of the documents related to the Board of Investigation discussed in part C,

supra. Again, these documents involve internal evaluations and opinions by Narconon

International. The same concerns for polluting the jury pool, along with the public policy

3 Defendant notes that some of the documents submitted by Plaintiffs' counsel at the July 19, 2012 hearing are duplicates of those discussed above. Specifically, Bates Stamp Nos. Desmond-D-Intl Confidential 1969 is a duplicate of Desmond-D-GA-8590; Desmond-D-Intl Confidential 1970-1971 are duplicates of Desmond-D-GA-8588 and 8589; Desmond-D-Intl Confidential 1479-1480 are duplicates of Desmond-D-GA-009945-009946; Desmond-D-Intl Confidential 1481 is a duplicate of Desmond-D-GA-009943; Desmond-D-Intl Confidential 1482-1485 are duplicates of Desmond-D-GA-009933-009935. A l l of these are discussed above in parts A through D supra.

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considerations of encouraging internal, candid self-evaluations that apply to Defendant, similarly

apply to Narconon International. The public policy interest in these documents is greatly

outweighed by both entity's privacy concerns. These documents should, therefore, remain under

seal.

F. Brad Taylor Documents

The remaining documents Plaintiffs filed under seal on April 16, 20102 consist of former

employee Brad Taylor's Personnel File (Bates Stamp Nos. Desmond-D-GA-009977-010011)

and Brad Taylor's Student File (Bates Stamp Nos. Desmond-D-GA-010117-010993). Though

Plaintiffs have not moved to unseal these documents, out of an abundance of caution this

Defendant includes them in this motion. Georgia law recognizes the confidential nature o f

personnel files. Kobeckv. Nabisco, Inc., 166 Ga. App. 652, 305 S.E.2d 183 (1983); Mixon v.

City of Warner Robins, 209 Ga. App. 414, 448 S.E.2d 377 (1994); Conway v. Signal Oil & Gas

Co. 229 Ga. 849, 194 S.E.2d 909 (1972); A Southern Outdoor Promotions, Inc. v. National

Banner Co., 215 Ga. App. 133, 449 S.E.2d 684 (1994). The personnel file of Mr. Taylor

contains confidential personal information, including his address, date of birth, social security

number, etc. There is absolutely no public interest in having this information on display all over

the internet, exposing Mr. Taylor to potential identity theft, harassment, etc.

Furthermore, Mr. Taylor's student file contains incredibly personal, sensitive and

extraordinarily confidential information, including reports regarding his past use of drugs and

alcohol. Federal and state law specifically prohibit the disclosure of these records. Health

Insurance Portability and Accountability Act ("HIPAA") (45 C.F.R. § 164.502, et sea); see also

Haughton v. Canning, 287 Ga. App. 28, 32 (2007). Further, as discussed above, additional

protections for the records of the identity, diagnosis, prognosis or treatment of any patient

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maintained in connection with alcohol and drug abuse education programs are afforded under

federal law. See 42 USC §§ 290dd-3 and 290ee-3. There is zero public interest in learning the

sordid details of Mr. Taylor's past, criminal history, and drug and alcohol education.

Accordingly, these documents should also remain under seal.

III . CONCLUSION

Pursuant to Uniform State Court Rule 21, and for good cause shown, Defendant

respectfully requests that the Court order that the documents described herein be sealed in their

entirety so as to adequately protect the privacy interests of Defendant and give effect to the

Protective Order entered in this case.

Respectfully submitted this J_ day of August, 2012

DREW ECKL & FARNHAM, LLP

Stevan A. Miller Georgia Bar No. 508375 Barbara A. Marschalk Georgia Bar No. 324498

880 W. Peachtree St. NW (30309) P.O. Box 7600 Atlanta, GA 30357-0600 Telephone: (404) 885-1400 Facsimile: (404) 876-0992 E-mail: smiller@deflaw.com E-mail: bmarschalk@deflaw.com Attorneys for Defendant 3373918/1 5346-81580

IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

PATRICK C. DESMOND, MARY C. DESMOND, Individually, and MARY C. DESMOND, as Administratrix of the Estate of PATRICK W. DESMOND

Plaintiffs,

v.

NARCONON OF GEORGIA, INC., NARCONON INTERNATIONAL, DELGADO DEVELOPMENT, INC., SOVEREIGN PLACE, L L C , SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, M.D., and THE ROBBINS GROUP, INC.

Defendants.

§

§

§

§

§

§

§

§

§

§

§

Civil Action File No: 10A28641-2

PROTECTIVE ORDER

Upon review of the information contained in the STIPULATION AND

CONFIDENTIALITY AGREEMENT dated February 17, 2011 completed and filed by the

parties, the court orders that the terms set forth therein are hereby adopted by the Court as a

protective order governing discovery in this case.

IT IS SO ORDERED, this 2^P day of $rf/tCtf , 2011.

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IN T H E STATE COURT OF D E K A L B COUNTY STATE OF GEORGIA

PATRICK C. DESMOND AND MARY C. DESMOND, INDIVIDUALLY, AND MARY C. DESMOND, AS ADMINISTRATRIX OF THE ESTATE OF PATRICK W. DESMOND,

Plaintiffs,

v.

NARCONON OF GEORGIA, INC. DELGADO DEVELOPMENT, INC., SOVEREIGN PLACE, LLC, SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, M.D. THE ROBBINS GROUP, INC., and NARCONON INTERNATIONAL,

Defendants.

Civil Action No. 10A28641-2

FILING UNDER S E A L

Plaintiffs hereby file the following documents under seal:

• Urgent Directive Documents - Bates Nos. 008588 - 008593

• Post-Incident Documents - Bates Nos. 009821 - 009834

• Board of Investigation Documents - Bates Nos. 009910 - 009976

• Brad Taylor Personnel File - Bates Nos. 009977 - 10011

• Misc. Narconon Documents - Bates Nos. 10012 -10116

• Brad Taylor Student File - Bates Nos. 10117-10993

This 16th day of April, 2012.

DEFENDANTS EXHIBIT

400 Colony Square 1201 Peachtree Street, NE Suite 900 Atlanta, GA 30361 Telephone: (404) 961-7650 Facsimile: (404) 961-7651

REBECCA C. FRANKLIN Georgia Bar No. 141350

FRANKLIN LAW, LLC 400 Colony Square 1201 Peachtree Street, NE Suite 900 Atlanta, GA 30361 Telephone: (404) 961-5333 Facsimile: (404) 969-4503

Attorneys for Plaintiffs

2

C E R T I F I C A T E O F S E R V I C E

This is to certify that I have this day submitted F I L I N G UNDER S E A L via U.S. Mail

proper postage prepaid, addressed as follows:

Robert G. Tanner, Esq. Jeffrey N. Amason, Esq. Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC 3344 Peachtree Road, Suite 2400 Atlanta, Georgia 30326

Sean L. Hynes, Esq. Downey & Cleveland, LLP 288 Washington Ave. Marietta, GA 30060

Attorneys for Lisa Carolina Robbins, M.D., and Attorneys for Delgado Development, Inc. The Robbins Group, Inc.

Stevan A Miller, Esq. Drew, Eckl & Farnham, LLP 880 W. Peachtree Street P.O. Box 7600 Atlanta, Georgia 30357

Attorneys for Narconon of Georgia, Inc., and Narconon International

This the 16 th day of April, 2012.

HARIUSJ PENN L O W R Y D E L C A M P O ,

T 1/1 i 14 ! I

JEFFREY I .. j(ARRIS Georgifi Bar\Mo. 330315 JED m. MANTON Georgia Bar No. 868587

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I'm disappointed. For the benefit of the family, I thought we agreed to wai t patiently for the prel iminary case steps to evolve quietly and wi thout fan fa ir for an upcoming t r ia l . I hope your postings have not put things in a position where there wi l l be a sett lement and no chance of ever seeing a jury verdict & court decision on paper.

Thank you Mary for updating and cross posting the current particulars involving this tragic case. The words coming out of NarCONon of Georgia executive director Mary Rieser.s mouth during her deposition are to say the least "Very revealing". She for al l intents and purposes does not know what her own organization is about much less anything remotely relating to addiction and or drug rehabi l i tat ion services.

Though the PDF,s are huge, the content is wel l wor th a look at. An insiders look at a scam of epic proportions.

The Desmond Family v. Narconon of Georgia, Narconon International, et a l http://forum.reachingforthetippingpoint ... 408.0.html

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L o g g e d

Why do people jo in Scientology? Why do they leave? ht tp://ThroughTheDoor.net

Have you been to Na r conon 7 Please consider tak ing the Narconon Survey at: ht tp:// reachmgfor thet ipp ingpo int .net/narcononsurvey/

Mary_McConne l l { % . R e : The D e s m o n d Fami ly v. Narconon of G e o r g i a , Hill 10 Situation 13 O f f l i n e

Posts: 772

N a r c o n o n I n t e r n a t i o n a l , et al « Reply # 3 7 on: March 31 , 2012, 21 36 » _ _

OMG 1 This is such a wonder fu l surpr ise! 1 Thanks for post ing th is! ! Def inately a must read . RICO is a mos t serious th ing:

CIVIL RICO by Law Office of John H. Watson in GA

Racketeer Inf luenced and Corrupt Organizat ions (RICO)

Somet imes there are extraord inary remedies avai lable in add i t ion to the norma l lawsu i t to en force a business ob l igat ion. One such possible course o f act ion is civi l RICO.

RICO stands for Racketeer Inf luenced and Corrupt Organizat ions.

I t was enacted as a federal law to combat organized c r ime, and many states adopted s imi lar laws.

In add i t ion to the s t r i c t cr iminal provisions, there are civil provis ions. This wil l address the Georgia RICO laws ht tp:// jhwatson law.com/Civ i l%20RICO.htm

Logged

NarCONon is Scientology. I a m a vo lunteer advocate for v i c t ims of the Narconon scam. Feel f ree to con tac t me for assistance in r ight ing the wrongs.

m e f r e e High Value Target D Offline

Posts: 2,557

{ \: T h e D e s m o n d Fami ly v. Narconon of G e o r g i a , N a r c o n o n I n t e r n a t i o n a l , et al

^ J l e p ^ J t J ^ o i K j I a r c h 31^ 20_12,_21 :_49_» _

Thanks for that l ink on civil RICO, Mary.

The amended compla in t is very tho rough . I am j u s t ex t reme ly sad for th is fami ly after re-reading the even ts that led t o Patrick Desmond's death .

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The u l t ima te author i ty must always rest with the individual 's own reason and crit ical analysis. -Dalai Lama

Mary_McConne l l Q > R e : T h e D e s m o n d F a m i l y v. N a r c o n o n of G e o r g i a , Hill 10 Situation ' N a r c o n o n I n t e r n a t i o n a l , et al • omine « Rep ly #39 on: March 31, 2012, 22.12 »

Posts: 772 Yes, mef ree , same here. Looks like ; who cal led 9 1 1 , om i t t e d to the police t h a t he was a current s tuden t of Narconon - looks l ike the 'hote l ' he was in was one NN GA sent h i m to , probab ly for discipl ine purposes as some were as descr ibed in the comp la in t .

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NarCONon is Sc iento logy. I am a vo lunteer advocate for v i c t ims of the Narconon scam. Feel f ree to con tac t me for assistance in r ight ing the wrongs. _ _ _ . . . . . . . .—„—

• FENDANTS

IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

PATRICK C. DESMOND, § MARY C. DESMOND, Individually, and § MARY C. DESMOND, as Administratrix of § the Estate of PATRICK W. DESMOND, §

§ Plaintiffs, §

v. I Civil Action File No: 10A28641-2

§ NARCONON OF GEORGIA, INC., § NARCONON INTERNATIONAL, § DELGADO DEVELOPMENT, INC., § SOVEREIGN PLACE, LLC, § SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., § LISA CAROLINA ROBBINS, M . D , and THE ROBBINS GROUP, INC.,

Defendants.

§

C E R T I F I C A T E OF S E R V I C E

I HEREBY CERTIFY that I am counsel for Defendant Narconon of Georgia, Inc. and

that I have this day served a true and correct copy of the foregoing DEFENDANT NARCONON

OF GEORGIA, INC. 'S MOTION AND INCORPORATED BRIEF IN SUPPORT THEREOF TO

KEEP CERTAIN DOCUMENTS FILED WITH THE COURT UNDER SEAL upon counsel for all

parties by United States Mail, addressed as follows:

Robert G. Tanner, Esq. Jeffrey N . Amason, Esq. Scott Kerew, Esquire Weinberg Wheeler Hudgins Gunn & Dial, LLC 3344 Peachtree Rd., Suite 2400 Atlanta, GA 30326

Stephen G. Lowry, Esq. Jeffrey R. Harris, Esq. Harris Penn Lowry Delcampo, LLP 400 Colony Square 1201 Peachtree Street, NE, Suite 900 Atlanta, GA 30361

Rebecca Franklin, Esq. Franklin Law, LLC. 400 Colony Square 1201 Peachtree Street, NE, Suite 900 Atlanta, GA 30361

Sean L. Hynes, Esq. Downey & Cleveland, LLP 288 Washington Avenue Marietta, GA 30060

David F. Root, Esq. Cheryl Shaw, Esq. Carlock, Copeland & Stair, LLP 191 Peachtree Street, N.E., Suite 3600 Atlanta, Georgia 30303

This J^day of August, 2012.

Barbara A. Marschalk Georgia Bar No. 324498

DREW ECKL & FARNHAM, LLP 880 W. Peachtree St. NW (30309) P.O. Box 7600 Atlanta, GA 30357-0600 Telephone: (404) 885-1400 Facsimile: (404) 876-0992 E-mail: smiller@deflaw.com E-mail: bmarschalk@deflaw.com Attorneys for Defendants Narconon of Georgia, Inc. 3373918/1 5346-81580