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Meghan Lulf Sutton

Eric D. Mills
2 Christopher A Hoffman
SUTTON, DUBOIS & MILLS, PLLC
3 104 41hStreet N, Suite 200
P.O. Box 1348
4 Great Falls, Montana 59403
Ph: 406.771.7477
5 Fax: 406.727.1812
meghan(W,sutton-uubois.l:om
6 eric(a).sutton-dubois.com
chris@sutton-dubois.com
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Attorneys for Defendant
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9 MONT ANA FIRST JUDICIAL DISTRICT COURT


LEWIS AND CLARK COUNTY
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11 TARA WALKER LYONS, Case No. CDV-2016-547


12 Plaintiff,

13 and
ANSWER TO COMPLAINT AND
DEMAND FOR JURY TRIAL
14 LARRY ATCHISON; and

15 John Does 1-5,

16 Defendant.

17 COMES NOW Defendant, Larry Atchison, by and through undersigned counsel of record,

18 hereby submits his answer to Plaintiffs Complaint and Demand for JUly Trial as follows:

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1. Answering Paragraph 1, Defendant admits the Plaintiffs name is Tara Walker Lyons

and she is an adult woman. Defendant denies all other allegations set out therein.
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2. Answering Paragraph 2, Defendant admits.
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3. Answering Paragraph 3, Defendant has no information or belief sufficient enough to
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enable him to answer the allegations contained therein, and basing his denial on that ground, denies
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generally and specifically each and every such allegation.
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4. Answering Paragraph 4, Defendant admits that this Court has jurisdiction and venue over
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this matter. Defendant denies all other allegations set out therein.
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5. Answering Paragraph 5, Defendant has no information or belief sufficient enough to

2 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

3 generally and specifically each and every such allegation.

4 6. Answering Paragraph 6, Defendant denies the allegations stated therein.

5 7. Answering Paragraph 7, Defendant denies the allegations stated therein.

6 8. Answering Paragraph 8, Defendant denies the allegations stated therein.

7 9. Answering Paragraph 9, Defendant has no information or belief sufficient enough to

8 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

9 generally and specifically each and every such allegation. Defendant understands that the

10 allegations of the Plaintiff arose in approximately 2002 in a youth in need of care action filed in

11 the Montana First Judicial District Court, Lewis and Clark County.

12 10. Answering Paragraph 10, Defendant has no information or belief sufficient enough to

13 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

14 generally and specifically each and every such allegation.

15 11. Answering Paragraph 11, Defendant denies the allegations stated therein.

16 12. Answering Paragraph 12, Defendant has no information or belief sufficient enough to

17 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

18 generally and specifically each and every such allegation.

19 13. Answering Paragraph 13, Defendant has no information or belief sufficient enough to

20 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

21 generally and specifically each and every such allegation.

22 14. Answering Paragraph 14, Defendant has no information or belief sufficient enough to

23 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

24 generally and specifically each and every such allegation.

25 15. Answering Paragraph 15, Defendant has no information or belief sufficient enough to

26 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

27 generally and specifically each and every such allegation.


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16. Answering Paragraph 16, Defendant has no information or belief sufficient enough to

2 enable him to answer the allegations contained therein, and basing his denial on that ground, denies

3 generally and specifically each and every such allegation.

4 17. Answering Paragraph 17, Defendant denies the allegations stated therein.

5 18. Answering Paragraph 18, Defendant denies the allegations stated therein.

6 19. Answering Paragraph 19, Defendant denies the allegations staled therein.

8 FIRST AFFIRMATIVE DEFENSE

9 Plaintiff s Complaint fails to state a claim upon which relief can be granted against this

10 Defendant.

11 SECOND AFFIRMATIVE DEFENSE

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By her own actions, Plaintiff is estopped from bringing this Complaint against Defendant.
THIRD AFFIRMATIVE DEFENSE
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Plaintiff s claims or certain of them are barred by the statute of limitations.
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FOURTH AFFIRMATIVE DEFE~SE
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Plaintiff's claims are barred by the doctrine of laches.
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FIFTH AFFIRMATIVE DEFENSE
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All allegations in the Complaint not specifically admitted herein are denied.
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RESERVATION OF DEFENSES
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Defendant reserves the right to amend the Answer to add additional affirmative defenses
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that become known through the course of discovery. Defendant has asserted the foregoing
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affirmative defenses based upon information and belief that they are or may be applicable to the
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present claim being presented by the Plaintiff. In the event the affirmative defenses are not legally
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or factually warranted, any such inapplicable affirmative defenses will be voluntarily withdrawn
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at the close of discovery. Likewise. any additional affirmative defenses which become known
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through the course of discovery will be asserted.
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WHEREFORE, having fully answered the allegations in the Complaint, Defendant

2 requests the following relief:

3 1. That the Plaintiff takes nothing and judgment be entered in Defendants' favor.

4 2. Reasonable costs and attorney's fees;


5 3. For such other and further relief that the Court deems just and proper.

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Dated this {l!!-day of October, 2016.
7 SUTTON, DUBOIS & MILLS, PLLC

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11

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CERTIFICATE OF MAILINC
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I hereby certify under penalty of perjury that the foregoing was duly served upon counsel
14 for the Plaintiff by depositing a copy in the United States mails at Great Falls, Montana, enclosed
in a sealed envelope with first class postage prepaid thereon and addressed as follows:
15

16
Molly K. Howard
17 DATSOPOULOS, MacDONALD & LIND, P.C.
Central Square Building
18 201 West Main Street, Suite 201
Missoula, MT 59802
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20 Dated this to day of October, 2016.

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