nafc v. scientology: answer and counterclaim of kent mcgregor

8/12/2019 NAFC v. Scientology: Answer and Counterclaim of Kent Mcgregor

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2. MCGREGOR is without sufficient knowledge to admit or deny the

allegations contained in paragraph 2 of Plaintiffs Complaint.

3. The allegations containe d in paragraph 3 of Plaintiffs Complaint are

unrelated to and require no answer from MCGREGOR. To the extent that an answer is

required, MCGREGOR is without sufficient knowledge to admit or deny those

allegations and therefore denies them.

4. The alle gations contained in paragraph 5 of Plaintiffs Complaint are




5. The allegations contained in paragraph 5 of Plaintiffs Complaint are




6. MCGREGOR admits the allegations contained in paragraph 6 of

Plaintiffs Complaint.





6:14-cv-00187-RAW Document 290 Filed in ED/OK on 08/01/14 Page 2 of 68


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12. The allegations contained in paragraph 12 of Plaintiffs C omplaint are




13. The allegations contained in paragraph 1 3 of Plaintiffs Complaint are




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14. The allegations contai ned in paragraph 14 of Plaintiffs Complaint are






















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

denies them.









27. The allegations contained in paragraph 27 of Plaintif fs Complaint are




28. The allegations contained in paragr aph 28 of Plaintiffs Complaint are




29. The allegations c ontained in paragraph 29 of Plaintiffs Complaint are






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41. MCGREGOR admits the allegations contained in paragraph 41 of
























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51. The allegations contained in paragraph 51 of Plaintiffs Com plaint are








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53. The allegations containe d in paragraph 53 of Plaintiffs Complaint are




54. The al legations contained in paragraph 54 of Plaintiffs Complaint are


















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66. The allegations contained in paragraph 66 of Pla intiffs Complaint are




67. The allegations contained in p aragraph 67 of Plaintiffs Complaint are




68. The allegati ons contained in paragraph 68 of Plaintiffs Complaint are






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80. The allegations contained in paragraph 80 of Plainti ffs Complaint are




81. The allegations contained in parag raph 81 of Plaintiffs Complaint are
















85. MCGREGOR 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



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

only, as alleged in paragraph 85 of Plaintiffs Complaint.

86. MCGREGOR admits this Court has personal jurisdiction over him as

alleged in the allegations of paragraph 86 of Plaintiffs Complaint 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 therefore denies

those allegations. MCGREGOR specifically denies the allegations contained in the last

two se ntences of paragraph 86 of Plaintiffs Complaint except that he has maintained and

operated certain websites. 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 MCGREGOR.

87. MCGREGOR 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 AL LEGATI ONS

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

is required, upon information and belief, MCGREGOR admits that NAFC provides

certifications for professionals working with criminal offenders in the fields of criminal

justice, corrections, additions and mental health but MCGREGOR is without sufficient



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information to admit or deny that such certifications are nationally accredited

certifications as alleged in paragraph 88 of Plaintiffs Complaint and therefore denies

those allegations.

89. T he allegations contained in paragraph 89 of Plaintiffs Complaint amount


is required, MCGREGOR is without sufficient information to admit or deny those


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, MCGREGOR 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, MCGREGOR is without sufficient information to admit or

deny those allegations and therefore denies them.









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94. The allegations contained in paragraph 94 of Plaintiffs Co mplaint amount




95. The allegations contained i n paragraph 95 of Plaintiffs Complaint amount






is required, upon information and belief, MCGREGOR 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, MCGREGOR is

without sufficient information to admit or deny those allegations and therefore denies

them.





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99. The alleg ations contained in paragraph 99 of Plaintiffs Complaint amount


is required, MCGREGOR, upon information and belief, admits the allegations contained

in paragraph 99 of Plaintiffs Complaint.

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, MCGREGOR is without sufficient knowledge to admit or deny those


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, MCGREGOR, upon information and belief, denies the

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



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




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104. The allegations contained in paragraph 1 04 of Plaintiffs Complaint


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





106. The allegat ions contained in paragraph 106 of Plaintiffs Complaint




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, MCGREGOR is without sufficient

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





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109. MCGREGOR is without sufficient information to admit or deny the

allegations contained in paragraph 109 of Plaintiffs Complaint and therefore denies

them.

Defendants Misuse of NAFC Mark, Certifications and Logos

110. MCGREGORs 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.




allegations and therefore denies them. MCGREGOR specifically denies he is part of the

Narconon Network as defined by Plaintiffs.


allegations of paragraph 113 as they relate to the other entities or and individuals

identified and therefore denies them. MCGREGOR admits that he and Pita Group, Inc.

have websites and refer individuals for treatment to Narconon Treatment Centers as well

as other treatment centers.



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

MCGREGOR. To the extent that an answer is required, MCGREGOR is without

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

115. MCGREGOR 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.





117. The allegations contained in paragraph 117 of Plaintiffs Comp laint are








119. The allegations co ntained in paragraph 119 of Plaintiffs Complaint are




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120. MCGREGOR denies the allegations contained in paragraph 120 of

Plaintiffs Complaint, as framed . MCGREGOR affirmatively states that any reference to

NAFC credentials and certifications were voluntarily removed by him following NAFC

notifying him in the spring of 2013 and making certain false and defamatory statements

about him (the Alleged NAFC Notice). If any references to NAFC credentials or

certifications were made after the Alleged NAFC Notice, 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 Notice, and efforts to remove any that may

still exist and can be accessed continue.


Plaintiffs Complaint insofar as they may relate to him.





124. The allegations contai ned in paragraph 124 of Plaintiffs Complaint

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

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



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the allegations of paragraph 124 of Plaintiffs' Complaint relate to MCGREGOR and

require an answer from MCGREGOR, those allegations are denied.






126. The allegations c ontained in paragraph 126 of Plaintiffs Complaint

amount to a statement or conclusion as to a Defendant other than MCGREGOR and that

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

allegations of paragraph 126 require an answer from MCGREGOR, those allegations are

denied.


amount to a statement or conclusion as to a Defendant other than MCGREGOR and that

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

allegations of paragraph 127 require an answer from MCGREGOR, those allegations are

denied.








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


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





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required, MCGREGOR is without sufficient information to admit or deny those
















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146. The allegations contained in paragraph 146 of Plaintiffs Com plaint are








148. The allegations conta ined in paragraph 148 of Plaintiffs Complaint are




149. T he allegations contained in paragraph 149 of Plaintiffs Complaint are










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Plaintiffs Complaint, as framed, and affirmatively states that he and the PITA Group,

Inc. (PITA) worked in conjunction with the NAFC to bestow upon over 200

individuals the certification of CCDC by helping them submit applications to NAFC, by

giving them training on the study materials recommended by NAFC, and by proctoring

tests that NAFC required them to pass in order to become certified by NAFC. Further,

MCGREGOR affirmatively states, upon information and belief, that NAFC endorsed,

approved, and supported his affiliation with NAFC because of his reputation in the field

of drug abuse treatment and prevention, his legitimate graduate degree, and because he

was appointed by the Secretary of the Health Department of the State of New Mexico to

oversee the entire substance abuse and treatment activities for the state. Upon

information and belief, MCGREGOR never applied for and never paid any application

fee for any certification by NAFC but was nevertheless provided several certifications by



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NAFC at its own initiative. This Defendant affirmatively alleges that good faith efforts

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

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

continue.


Plaintiffs Complaint, as framed, and incorporates herein as if fully repeated the

affirmative statements made in his answer to the allegations contained in paragraph 159

of Plaintiffs' Complaint.

161. MCGREGOR denies the allegations contained in paragraph 160 ofPlaintiffs Complaint, as framed, and affirmatively states that he has never been a CCDC

with NAFC. MCGREGOR admits, however, instances where Master Addiction Social

Wor k Counselor (MASWC) appeared after his name but affirmatively states that he

was given that certification by NAFC. MCGREGOR is without sufficient information to

admit or deny whether NAFC has any record of his certification or not, but affirmatively

alleges that he received a certificate and card from NAFC stating, among other things,

that he Is a member in good standing and holds the certification of Master Social Work

Addictions Counselor. His certification number was #25119 which indicates that a

r ecord of the certification does exist and that Plaintiffs' allegation that NAFC has no

record of his certification is knowingly false or made with a reckless disregard for

whether it is a true statement or not, and/or made in bad faith. This Defendant

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

credentials and certifications following the Alleged NAFC Notice, and efforts to remove

any that may still exist and can be accessed continue.



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Plaintiffs Complaint, as framed, and affirmatively states that he did have the M.A.C

certification from NAFC. In fact, he received a certificate and card from NAFC stating,

among other things, that he Is a member in good standing and holds the certification of

Master Addictions Counselor. His certification number was #25119. This Defendant

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

credentials and certifications following the Alleged NAFC Notice, and efforts to remove

any that may still exist and can be accessed continue.

163. MCGREGOR denies the allegations contained in paragraph 163 ofPlaintiffs Complaint, as framed, and affirmatively alleges that was a Diplomate of the he

was, in fact, a Diplomate of the National Board of Addictions Examiner. In fact, he

received a certificate and card from NAFC stating, among other things, that he Is a

member in good standing and holds the certification of Diplomate of the Boar d. His

certification number was #25119. This Defendant affirmatively alleges that good faith

efforts were taken to remove references to NAFC credentials and certifications following

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

accessed continue.









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

any references to NAFC certifications following the Alleged NAFC Notice, and efforts to

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







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Plain tiffs Complaint, as framed, and affirmatively alleges that he was, in fact, a

Diplomate of the National Board of Addictions Examiners. In fact, he received a

certificate and card from NAFC stating, among other things, that he Is a member in

good standin g and holds the certification of Diplomate of the Board. His certification

number was #25119. This Defendant affirmatively alleges that good faith efforts were

taken to remove references to NAFC credentials and certifications following the Alleged

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

continue.171. The allegations contained in paragraph 171 of Plaintiffs Complaint are














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177. The allegations contained in paragra ph 177 of Plaintiffs Complaint are




178. The allegation s contained in paragraph 178 of Plaintiffs Complaint are








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188. The allegations contained in paragraph 188 of Plaintiffs Complain t are












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Plaintiffs Complaint , as framed, and affirmatively alleges that good faith efforts were

taken to remove references to NAFC credentials and certifications following the Alleged

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

continue.





200. The allegations cont ained in paragraph 200 of Plaintiffs Complaint are

unrelated to and require no answer from MCGREGOR. To the extent that an answer isrequired, MCGREGOR is without sufficient knowledge to admit or deny those




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210. The allegations contained in paragraph 210 of Plaintiff s Complaint are




211. The allegations contained in para graph 211 of Plaintiffs Complaint are






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212. The allegat ions contained in paragraph 212 of Plaintiffs Complaint are
























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221. The allegations contained in paragraph 221 of Plaintiffs Complaint ar e




222. The allegations contained in paragraph 222 of Pl aintiffs Complaint are






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233. The allegations contained in paragraph 233 of Plaintiffs Co mplaint are






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241. The allegations contained in paragraph 239 of Plaintiffs Co mplaint


















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245. The allegations contained in paragraph 239 of Plaintiffs Co mplaint













allegations contained in paragraph 248 and subparagraphs 248a through 248f of

Plaintiffs Complaint and must therefore deny them.





250. Except for www.drug-rehab-colorado.com , the allegations contained in

paragraph 250 of Plaintiffs Complaint are, unrelated to and require no answer from

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

http://www.drug-rehab-colorado.com/http://www.drug-rehab-colorado.com/http://www.drug-rehab-colorado.com/


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MCGREGOR denies those allegations and specifically denies use of the NAFC logo.

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

references to NAFC credentials and certifications following the Alleged NAFC Notice,

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

251. The alle gations contained in paragraph 251 of Plaintiffs Complaint



allegations and must therefore deny them.

252. The allegations contained in paragraph 252 of Plaintiffs Complaint areunrelated to and require no answer from MCGREGOR. To the extent that an answer is


allegations and must therefore deny them.





255. The alleg ations contained in paragraph 255 of Plaintiffs Complaint

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

nafc v. scientology: answer and counterclaim of kent mcgregor

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