Case5:14-cv-02192-PSG Document30 Filed10/24/14 Page1 of 3

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Ryan A. Hamilton
CA BAR NO. 291349
HAMILTON LAW
5125 S. Durango Dr., Ste. C
Las Vegas, NV 89113
(702) 818-1818
(702) 974-1139 (fax)
Attorneys for the plaintiffs
Kenneth Mowery and Jered Mowery

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENNETH MOWERY, an Oklahoma
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Oklahoma Citizen,
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Plaintiffs,
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v.
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NARCONON of NORTHERN
15 CALIFORNIA d/b/a REDWOOD CLIFFS;
NARCONON INTERNATIONAL;
16 ASSOCIATION FOR BETTER LIVING
AND EDUCATION INTERNATIONAL;
17 and DOES 1-100, ROE Corporations I-X,
inclusive,
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Defendants.
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No. 5:14-CV-02192-PSG
PLAINTIFFS NOTICE OF MOTION AND
MOTION FOR DISMISSAL, WITH
PREJUDICE, OF ACTION AGAINST
DEFENDANTS (1) ASSOCIATION FOR
BETTER LIVING AND EDUCATION
INTERNATIONAL AND (2) NARCONON
INTERNATIONAL PURSUANT TO RULE
41(a)(2) OF THE FEDERAL RULES OF
CIVIL PROCEDURE
Date:
Time:
Dept.:

December 2, 2014
10:00 a.m.
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The Honorable Paul S. Grewal

Complaint Filed: May 13, 2014

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21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on December 2, 2014, at 10:00 a.m., or as soon thereafter
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23 as counsel may be heard in the courtroom of the Honorable Paul S. Grewal, United States
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24 Magistrate Judge, located in Courtroom 5, Fourth Floor, at 280 South 1 Street in San Jose,
25 California, Plaintiffs KENNETH MOWERY and JERED MOWERY will move for an order
26 dismissing the action in its entirety and with prejudice against Defendants ASSOCIATION FOR
27 BETTER LIVING AND EDUCATION INTERNATIONAL and NARCONON
28 INTERNATIONAL pursuant to Rule41(a)(2) of the Federal Rules of Civil Procedure and the

-1PLAINTIFFS NOTICE OF MOTION AND MOTION FOR DISMISSAL, WITH PREJUDICE, OF ACTION AGAINST DEFENDANTS (1)
ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL AND (2) NARCONON INTERNATIONAL PURSUANT TO
RULE 41(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Case5:14-cv-02192-PSG Document30 Filed10/24/14 Page2 of 3

1 agreement of those parties.

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This Motion will be based on this Notice of Motion, the Memorandum of Points and

3 Authorities below, the Declaration of Ryan A. Hamilton, all the papers, pleadings and records on
4 file herein, and on such other matters as may properly come before the Court prior to or at the
5 hearing of the matter.
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MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

Plaintiffs KENNETH MOWERY and JERED MOWERY (Plaintiffs) filed this action

9 against Defendants NARCONON of NORTHERN CALIFORNIA d/b/a REDWOOD CLIFFS

10 (Redwood Cliffs), ASSOCIATION FOR BETTER LIVING AND EDUCATION
11 INTERNATIONAL (ABLE), and NARCONON INTERNATIONAL (NI) arising out of Jered
12 Mowerys participation in a drug rehabilitation program at Redwood Cliffs, where he was admitted
13 at the request of his father, Kenneth Mowery. Plaintiffs allege that ABLE is the parent company of
14 NI, which in turn, is the licensor of Sunshine Summit Lodge.
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Plaintiffs have now entered in an agreement with ABLE and NI whereby Plaintiffs agreed

16 to dismiss this action in its entirety and with prejudice against ABLE and NI. The terms of the
17 agreement are confidential. (See 2 to Declaration of Ryan A. Hamilton (Hamilton Decl.)).
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In an attempt to effectuate the dismissal with prejudice of ABLE and NI, a stipulation of

19 dismissal of ABLE and NI, with prejudice, was circulated among counsel for all parties that have
20 appeared in this matter pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.
21 This included counsel for Redwood Cliffs. (See 3 to Hamilton Decl.).
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However, Redwood Cliffs counsel has not agreed to sign the stipulation of dismissal of

23 ABLE and NI. As a result, Plaintiffs now bring this motion pursuant to Rule 41(a)(2) of the Federal
24 Rules of Civil Procedure, respectfully requesting the Court to enter an order dismissing this action
25 in its entirety and with prejudice against ABLE and NI so that the parties agreement can be
26 implemented. (See 4 to Hamilton Decl.).
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II. ARGUMENT
Once a defendant has served an answer or a motion for summary judgment, an action may

-2PLAINTIFFS NOTICE OF MOTION AND MOTION FOR DISMISSAL, WITH PREJUDICE, OF ACTION AGAINST DEFENDANTS (1)
ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL AND (2) NARCONON INTERNATIONAL PURSUANT TO
RULE 41(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Case5:14-cv-02192-PSG Document30 Filed10/24/14 Page3 of 3

1 be dismissed voluntarily in two different ways. First, the plaintiff may dismiss an action without a
2 court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. Rule
3 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Second, absent the aforementioned
4 stipulation of all parties who have appeared, an action may be dismissed at the plaintiffs request
5 only by court order, on terms that the court considers proper. Rule 41(a)(2) of the Federal Rules of
6 Civil Procedure.
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In this case, Plaintiffs reached a confidential agreement with ABLE and NI calling for the

8 dismissal of this action in its entirety and with prejudice against ABLE and NI. (See 2 to
9 Hamilton Decl.). Plaintiffs first attempted to implement the terms of the agreement by having a
10 stipulation of dismissal of ABLE and NI signed by counsel for all parties that have appeared in this
11 matter. Unfortunately, counsel for Redwood Cliffs refused to execute the stipulation. Such refusal
12 has unnecessarily necessitated the need for Plaintiffs to seek Court intervention via this Motion in
13 order to voluntarily dismiss ABLE and NI so that the terms of their agreement with ABLE and NI
14 may be implemented. (See 3-4 to Hamilton Decl.). Dismissal with prejudice of ABLE and NI
15 from this matter will not prejudice Redwood Cliffs or affect its rights as it may still present the
16 same defenses to this action as it could if ABLE and NI were still active defendants. (See 5 to
17 Hamilton Decl.). Under these circumstances, it is just and proper for the Court to enter an order
18 dismissing ABLE and NI from this matter with prejudice.
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III. CONCLUSION

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For the foregoing reasons, Plaintiffs respectfully request the Court to issue an order

21 dismissing this action in its entirety and with prejudice against ABLE and NI.
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24 2014
Dated: October ___,

HAMILTON LAW

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By: __________________________________________
RYAN A. HAMILTON
Attorney for Plaintiffs
KENNETH MOWERY and
JERED MOWERY

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-3PLAINTIFFS NOTICE OF MOTION AND MOTION FOR DISMISSAL, WITH PREJUDICE, OF ACTION AGAINST DEFENDANTS (1)
ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL AND (2) NARCONON INTERNATIONAL PURSUANT TO
RULE 41(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE