f\NG1E SPARKS

'CLERK D1STR!CT COURT

Eric D. Mills /. .
Christopher A. Hoffman
2 SUTTON, DUBOIS & MILLS, PLLC
10,i APR 16 ~M,,9: 38
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
6
Attorneys for Defendant
7

8 MONTANA FIRST JUI)ICIAL DISTRICT COURT

LEWIS AND CLARK COUNTY
9
10
TARA WALKER LYONS, Dept. No.: 3
11 Case No. CDV-2016-S47
Plaintiff,
12
VS.
ANSWER TO SECOND AMENDED
13 COMPLAINT AND DEMAND FOR JURY
TRIAL
14 LARRY ATCHISON; CYNTHIA ATCHISON;
and John Does 2-5,
15
Defendants.
16

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

18 hereby submits his answer to Plaintiffs Second 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 admits that Plaintiff was a resident of Sanders

21 County, Montana. Defendant denies all specific allegations set out therein against him. Defendant

22 is without sufficient information to answer the remaining allegations contained therein, and basing

his denial on that ground, denies generally and specifically such allegations.
23

24
2. Answering Paragraph 2, Defendant admits.

3. Answering Paragraph 3, Defendant admits.

25
26 II

27 II

-I-
\

1 4. Answering Paragraph 4, 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 5. Answering Paragraph 5, Defendant admits that this Court has jurisdiction and

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

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

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

8 denies generally and specifically each and every such allegation.

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

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

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

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

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

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

15 generally and specifically such allegations.

16 11. Answering Paragraph 1 I, Defendant is without sufficient information to answer the

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

18 specifically such allegations.

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

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

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

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

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

24 13. Answering Paragraph 13, Defendant has no information or beliefsufficient enough

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

26 denies generally and specifically each and every such allegation.

27 14. Answering Paragraph 14, Defendant denies the allegations stated therein.
- 2-
 1 15. Answering Paragraph 15, 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 16. Answering Paragraph 16, 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 17. Answering Paragraph 17, Defendant has no information or belief sufficient enough

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

9 denies generally and specifically each and every such allegation.

10 18. Answering Paragraph 18, Defendant has no information or belief sufficient enough

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

12 denies generally and specifically each and every such allegation.

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

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

15 denies generally and specifically each and every such allegation.

16 20. Answering Paragraph 20, Defendant denies the allegations stated therein.

17 21. Answering Paragraph 21, Defendant denies the allegations stated therein.

18 22. Answering Paragraph 22, Defendant denies the allegations stated therein.

19 23. Answering Paragraph 23, Defendant has no information or belief sufficient enough

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

2] denies generally and specifically each and every such allegation.

22 24. Answering Paragraph 24, Defendant admits Cynthia Atchison is the mother of

23 Plaintiff and had a duty to protect Plaintiff as a child. Defendant has no information or belief

24 sufficient enough to enable him to answer the remaining allegations contained therein, and basing

25 his denial on that ground, denies generally and specifically each and every such allegation.

26 II

27 II
-3-
 I , """'

1 25. Answering Paragraph 25, 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 26. Answering Paragraph 26, 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 27. Answering Paragraph 27, Defendant has no information or belief sufficient enough

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

9 denies generally and specifically each and every such allegation.

10 FIRST AFFIRMATIVE DEFENSE

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

12 Defendant.

13 SECOND AFFIRlVlA TIVE DEFENSE

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

15 THIRD AFFIRMATIVE DEFENSE

Plaintiffs claims or certain of them are barred by the statute of limitations.
16
FOURTH AFFIRMATIVE DEFENSE
17
Plaintiff's claims are barred by the doctrine oflaches.
18
FIFTH AFFIRMATIVE DEFENSE
19
All allegations in the Complaint not specifically admitted herein are denied.
20
RESERVATION OF DEFENSES
21
Defendant reserves the right to amend the Answer to add additional affirmative defenses
22
that become known through the course of discovery. Defendant has asserted the foregoing
23
affirmative defenses based upon information and belief that they are or may be applicable to the
24
present claim being presented by the Plaintiff. In the event the affirmative defenses are not legally
25
or factually warranted. any such inapplicable affirmative defenses will be voluntarily withdrawn
26
at the close of discovery. Likewise, any additional affirmative defenses which become known
27
through the course of discovery will be asserted.
-4•
 " .--.,\
,:1'- "
, j i
\

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

2 Defendant requests the following relief:

3 I. 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;

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

7
Dated this fi.4ay of April 2018.
8

10
::c;;;;;r;LLC
11 Christopher A. Hoffman
Attorneys for Defendant
12

13

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

18 Molly K. Howard
DATSOPOULOS, MacDONALD & LIND, p.e.
19 Central Square Building
201 West Main Street, Suite 201
20 Missoula, MT 59802
21
Cynthia Atchison
22 P.O. Box 65
Augusta, MT 59410
23

24
Dated this JQ_ day of April 2018.
25

26

27