1 Eric D.

Mills
Christopher A. Hoffman
2 SUTTON, DUBOIS & MILLS, PLLC
104 4th Street N, Suite 200
3 P.O. Box 1348
Great Falls, Montana 59403
4 Ph: 406.771.7477
Fax: 406.727.1812
5 eric@sutton-dubois.com
chris@sutton-dubois.com
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Attorneys for Defendant
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8 MONTANA FIRST JUDICIAL DISTRICT COURT
LEWIS AND CLARK COUNTY
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10
TARA WALKER LYONS, Dept. No.: 3
11 Case No. CDV-2016-S47
Plaintiff,
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VS.
ANSWER TO FIRST AMENDED
13 COMPLAINT AND DEMAND FOR JURY
TRIAL
14 LARRY ATCHISON; CYNTHIA ATCHISON;
and John Does 2-5,
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Defendants.
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17 CO:tv1ESNOW Defendant, Larry Atchison, by and through undersigned counsel of record,

18 hereby submits his answer to Plaintiff's First Amended Complaint as follows:

19 1. Answering Paragraph 1, Defendant admits the Plaintiff's name is Tara Walker

20 Lyons and she is an adult woman. Defendant denies all specific allegations set_out therein against

21 him. Defendant is without sufficient information to answer the remaining allegations contained

22 therein, and basing his denial on that ground, denies generally and specifically such allegations.

2. Answering Paragraph 2, Defendant admits.

23

24 3. Answering Paragraph 3, Defendant admits.

25 4. Answering Paragraph 4, Defendant has no information or belief sufficient enough

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

27 denies generally and specifically each and every such allegation.

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 1 5. Answering Paragraph 5, Defendant admits that this Court has jurisdiction and

2 venue over this matter. Defendant denies all other allegations set out therein.

3 6. Answering Paragraph 6, Defendant has no information or belief sufficient enough

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

5 denies generally and specifically each and every such allegation.

6 7. Answering Paragraph 7. Defendant denies the allegations stated therein.

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

8 9. Answering Paragraph 9, Defendant denies the allegations stated therein.

9 10. Answering Paragraph 10, Defendant denies all specific allegations stated therein

10 against him. Defendant is without sufficient information to answer the remaining allegations

11 contained therein concerning Cynthia Atchison, and basing his denial on that ground, denies

12 generally and specifically such allegations.

13 11. Answering Paragraph 11, Defendant is without sufficient information to answer the

14 allegations contained therein, and basing his denial on that ground, denies generally and

15 specifically such allegations.

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

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

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

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

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

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

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

23 denies generally and specifically each and every such allegation.

24 14. Answering Paragraph 14, Defendant denies the allegations stated therein.

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

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

27 denies generally and specifically each and every such allegation.

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 1 26. Answering Paragraph 26, Defendant has no information or belief sufficient enough

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

3 denies generally and specifically each and every such allegation.

4 27. Answering Paragraph 27, Defendant has no information or belief sufficient enough

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

6 denies generally and specifically each and every such allegation.

7 FIRST AFFIRMATIVE DEFENSE

8 Plaintiffs Complaint fails to state a claim upon which relief can be granted against this

9 Defendant.

10 SECOND AFFIRMATIVE DEFENSE

11 By her own actions, Plaintiff is estopped from bringing this Complaint against Defendant.

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THIRD AFFIRMATIVE DEFENSE
Plaintiffs claims or certain of them are barred by the statute of limitations.
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FOURTH AFFIRMATIVE DEFENSE
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Plaintiffs 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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RESERV AnON 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.
25 II
26 II
27 II
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, . . . t ../

1 WHEREFORE, having fully answered the allegations in the First Amended Complaint,

2 Defendant requests the following relief:

3 1. That the Plaintiff takes nothing and judgment be entered in Defendant's, Larry

4 Atchison's, favor.

5 2. Reasonable costs and attorney's fees;

3. For such other and further relief that the Court deems just and proper.
6

7
Dated thiS~ of July, 2017.
8

10
Christopher A. Hoffman
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Attorneys for Defendant
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13

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16 CERTIFICATE OF MAILING
17 I hereby certify under penalty of perjury that the foregoing was duly served upon counsel
for the Plaintiff by depositing a copy in the United States mails at Great FaIls, Montana, enclosed
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in a sealed envelope with first class postage prepaid thereon and addressed as follows:
19

20 Molly K. Howard
DATSQPOULOS, MacDONALD & LIND, r.c.
21 Central Square Building
201 West Main Street, Suite 201
22 Missoula, MT 59802
23
Dated this /Z day of July, 2017.
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