Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MARGARET HERSTER AND SCOTT SULLIVAN CIVIL ACTION NO.: 3:13-CV-00139 VERSUS BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY, ROD PARKER, KEN CARPENTER, A.G. MONACO, JENNIFER NORMAND MIMI RUEBSAMEN and KIMBERLY ARP JUDGE: JAMES J. BRADY MAGISTRATE JUDGE: STEPHEN C. RIEDLINGER DEFENDANT S ANSWER TO PLAINTIFF S PETITION FOR DECLARATORY, INJUNCTIVE, AND MONETARY RELIEF AND JURY DEMAND [DOCUMENT 1-2], FIRST AMENDED COMPLAINT [DOCUMENT 3], SECOND AMENDED COMPLAINT [DOCUMENT 22] AND THIRD AMENDED COMPLAINT [DOCUMENT 26]. NOW INTO COURT, through undersigned counsel, come defendants, Board of Supervisors of Louisiana State University, Rod Parker, Ken Carpenter, A.G. Monaco, Jennifer Normand, Mimi Ruebsamen, and Kimberly Arp, who file an Answer to Plaintiffs Petition for Declaratory, Injunctive, and Monetary Relief and Jury Demand [Document 1-2], First Amended Complaint [Document 3], Second Amended Complaint [Document 22], and Third Amended Complaint [Document 26]. I. ANSWER TO ORIGINAL PETITION FOR DECLARATORY, INJUNCTIVE, AND MONETARY RELIEF AND JURY DEMAND 1. Defendants deny the allegations contained in paragraph 1. Defendants deny the allegations contained in paragraph 2. 2.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 2 of 10 3. Defendants deny the allegations contained in paragraph 3. 4. Defendants deny the allegations contained in paragraph 4. 5. Defendants deny the allegations contained in paragraph 5 as written. 6. Defendants deny the allegations contained in paragraph 6 as written. 7. Defendants deny the allegations contained in paragraph 7 as written. 8. Defendants deny the allegations contained in paragraph 8. 9. Defendants deny the allegations contained in paragraph 9. 10. Defendants deny the allegations contained in paragraph 10. 11. Defendants deny the allegations contained in paragraph 11. 12. Defendants deny the allegations contained in paragraph 12. 13. Defendants deny the allegations contained in paragraph 13.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 3 of 10 14. Defendants deny the allegations contained in paragraph 14. 15. Defendants deny the allegations contained in paragraph 15. 16. Defendants deny the allegations contained in paragraph 16. 17. Defendants deny the allegations contained in paragraph 17. 18. Defendants deny the allegations contained in paragraph 18. 19. Defendants deny the allegations contained in paragraph 19 as written. 20. Defendants deny the allegations contained in paragraph 20. 21. Defendants deny the allegations contained in paragraph 21. 22. Defendants deny the allegations contained in paragraph 22 as written. 23. Defendants deny the allegations contained in paragraph 23 for lack of sufficient information to justify a belief therein. 24. Defendants deny the allegations contained in paragraph 24.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 4 of 10 25. Defendants deny the allegations contained in paragraph 25. 26. Defendants deny the allegations contained in paragraph 26 as written. 27. Paragraph 27 does not call for an answer; however, to the extent an answer is required, Defendants deny the allegations contained in paragraph 27. 28. Defendants deny the allegations contained in paragraph 28. 29. Defendants deny the allegations contained in paragraph 29. 30. Defendants deny the allegations contained in paragraph 30. 31. Defendants deny the allegations contained in paragraph 31. 32. Defendant deny the allegations contained in paragraph 32. 33. Defendants deny the allegations contained in paragraph 33. 34. Defendants deny the allegations contained in paragraph 34 as written. 35. Defendants deny the allegations contained in paragraph 35 as written.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 5 of 10 36. Defendants deny the allegations contained in paragraph 36 as written. 37. Defendants deny the allegations contained in paragraph 37 as written. 38. Defendants deny the allegations contained in paragraph 38. 39. Defendants deny the allegations contained in paragraph 39. 40. Defendants deny the allegations contained in paragraph 40. 41. Defendants deny the allegations contained in paragraph 41. 42. Defendants deny the allegations contained in paragraph 42. 43. Defendants deny the allegations contained in paragraph 43. 44. Defendants deny the allegations contained in paragraph 44. 45. Defendants deny the allegations contained in paragraph 45 as written. 46. Defendants deny the allegations contained in paragraph 46.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 6 of 10 47. Defendants deny the allegations contained in paragraph 47 as written. 48. Paragraph 48 does not require an answer; however, to the extent that an answer is required, Defendants deny the allegations contained in paragraph 48. 49. Defendants deny the allegations contained in paragraph 49. 50. Defendants deny the allegations contained in paragraph 50. 51. Defendants deny the allegations contained in paragraph 51. 52. Defendants deny the allegations contained in paragraph 52. 53. Defendants deny the allegations contained in paragraph 53 for lack of sufficient information to justify a belief therein. 54. Defendants deny the allegations contained in paragraph 54 for lack of sufficient information to justify a belief therein. 55. Defendants deny the allegations contained in paragraph 55. 56. Defendants deny the allegations contained in paragraph 56.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 7 of 10 57. Defendants deny the allegations contained in paragraph 57, as stated in the original petition. 58. Defendants deny the allegations contained in paragraph 58. 59. Defendants deny the allegations contained in paragraph 59. 60. Defendants deny the allegations contained in paragraph 60. 61. Paragraph 61 does not require an answer; however, to the extent that an answer is required, Defendants deny the allegations contained in paragraph 61. 62. Paragraph 62 does not require an answer; however, to the extent that an answer is required, Defendants deny the allegations contained in paragraph 62. 63. Paragraph 63 does not require an answer; however, to the extent that an answer is required, Defendants deny the allegations contained in paragraph 63. 64. Paragraph 64 does not require an answer; however, to the extent that an answer is required, Defendants deny the allegations contained in paragraph 64. 65. Paragraph 65 does not require an answer; however, to the extent that an answer is
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 8 of 10 required, Defendants deny the allegations contained in paragraph 65. II. ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT [DOCUMENT 3] AND NOW, ANSWERING THE ALLEGATIONS SET FORTH IN PLAINTIFFS FIRST AMENDED COMPLAINT, DEFENDANTS AVER THE FOLLOWING: 1. Defendants deny the allegation contained in paragraph 61, as amended in plaintiffs first amended complaint. 2. Paragraph 63, as amended in plaintiffs first amended complaint, does not require an answer from Defendants; however, to the extent an answer is required, Defendants deny the allegations in paragraph 63. III. ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT [DOCUMENT 22] AND NOW, ANSWERING THE ALLEGATIONS SET FORTH IN PLAINTIFFS SECOND AMENDED COMPLAINT, DEFENDANTS AVER THE FOLLOWING: 1. Defendants deny the allegations contained in paragraph 22, as amended in plaintiffs second amended complaint. 2. Since the filing of plaintiffs second amended complaint, plaintiffs defamation claim has been dismissed (see Document 22). Nevertheless, Defendants deny the allegations contained in paragraph 57, as amended in plaintiffs second amended complaint.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 9 of 10 3. Defendants deny the allegations in amended paragraph 62, as amended in plaintiffs second amended complaint. 4. Paragraph 62, subsection (J), as amended in plaintiffs second amended complaint, does not call for answer; however, to the extent an answer is required, Defendants deny the allegations in paragraph 62, subsection (J), for lack of sufficient information to justify a belief therein. 5. Paragraph 65, as amended in plaintiffs second amended complaint, does not call for answer; however, to the extent an answer is required, Defendants deny the allegations in paragraph 65, for lack of sufficient information to justify a belief therein. Defendants further show that since the filing of plaintiffs second amended complaint, plaintiffs intentional infliction of emotional distress claim has been dismissed (see Document 22). IV. ANSWER TO PLAINTIFFS THIRD AMENDED COMPLAINT [DOCUMENT 26]] AND NOW, ANSWERING THE ALLEGATIONS SET FORTH IN PLAINTIFFS THIRD AMENDED COMPLAINT, DEFENDANTS AVER THE FOLLOWING: 1. Defendants deny the allegations in amended paragraph 62, as amended in plaintiffs third amended complaint. 2. Defendants deny the allegations in amended paragraph 63, as amended in plaintiffs third amended complaint.
Case 3:13-cv-00139-JJB-SCR Document 27 09/20/13 Page 10 of 10 IN FURTHER ANSWER, defendants request a trial by jury. WHEREFORE, defendants, Board of Supervisors of Louisiana State University, Rod Parker, Ken Carpenter, A.G. Monaco, Jennifer Normand, Mimi Ruebsamen, and Kimberly Arp, respectfully pray that this answer be deemed good and sufficient, and, after due proceedings had, there be judgment in favor of defendants herein, dismissing plaintiffs complaint with prejudice, at plaintiffs costs. Respectfully Submitted: JAMES D. BUDDY CALDWELL ATTORNEY GENERAL SHOWS, CALI & WALSH, LLP /s/ Amy L. McInnis E. Wade Shows, La. Bar Roll No. 7637 Amy L. McInnis, La. Bar Roll No. 29337 SPECIAL ASSISTANT ATTORNEYS GENERAL 628 St. Louis Street (70802) P.O. Drawer 4425 Baton Rouge, Louisiana 70821 Telephone: (225)346-1461 Facsimile: (225) 346-1467 ews@scbllp.com amym@scbllp.com CERTIFICATE OF SERVICE I hereby certify that on the 20 th day of September, 2013, a copy of the foregoing was filed electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be sent to CM/ECF participants by operation of this court s electronic filing system. /s/ Amy L. McInnis AMY L. McINNIS