Free Answer to Amended Complaint - District Court of Arizona - Arizona

1 d.l. hall, attorney, pllc

14614 North Kierland Boulevard, Suite 300 2 Scottsdale, Arizona 85254 Telephone: 480.948.7084 3 Facsimile: 480.948.3387 Dennis L. Hall, # 013547
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Attorneys for Defendants L. Gregory and Melanie Brown

United States District Court State of Arizona

Cathleen Channel, Theresa 10 Wharry, Stacie Hanson, Monique Nichols,
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Case No. CIV 2003-0100 PHX ROS ANSWER OF DEFENDANTS GREG AND MELANIE BROWN TO PLAINTIFFS' 2ND AMENDED COMPLAINT

Plaintiffs v.

Home Mortgage, Inc., an Arizona 14 corporation conducting business in Arizona; Carl Brown, Molly Brown; 15 Greg Brown; Jane Doe Brown; Does 1-10; XYZ Corporations; Black 16 Partnerships I-X,
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Assigned to the Honorable Roslyn Silver

Defendants.

(Jury Trial Demanded)

Unless otherwise admitted herein, Defendants L. Gregory Brown and Melanie K. Brown (collectively "Brown") deny each and every allegation of Plaintiff's complaint. For their answer to Plaintiffs' Cathleen Channel, Theresa Wharry, Stacie Hanson, and Monique Nichols' ("Plaintiffs") complaint, Brown admits, denies, states, avers as follows: 1. Brown admits the allegations of Paragraph 1 of Plaintiff's complaint, except

to aver that they are without sufficient information to admit or deny the amounts of

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wages alleged as being owed by Plaintiffs, which has the effect of a denial of those allegations. 2. 3. 4. Brown admits the allegations of paragraph 2 of Plaintiff's complaint. Brown admits the allegations of paragraph 3 of Plaintiff's complaint. Brown admits that Home Mortgage was a mortgage banker, but avers that

Home Mortgage has ceased to do business. 5. Brown admits that Defendant Carl Brown owned, during all relevant times,

in excess of 99% of the stock of Defendant Home Mortgage, Inc. Brown avers the he served as President of Home Mortgage and that he had authority to act consistent with that office. Brown admits that Carl Brown is the Chairman of the Board of Directors of Home Mortgage and that Molly Brown, Carl Brown's wife, is a director on the board of directors of Defendant Home Mortgage. Paragraph 5 of Plaintiffs' complaint. 6. Brown admits that he was, in or about the years 2000 and 2001, President Brown denies the remaining allegations of

of Home Mortgage and that he had authority to act consistent with that office. Brown denies the remaining allegations of paragraph 6 of Plaintiffs' complaint. 7. 8. Brown denies the allegations of paragraph 7 of Plaintiffs' complaint. Brown is without sufficient information to admit or deny the allegations of

paragraph 8 of Plaintiff's complaint, which has the effect of a denial of those allegations. 9. Brown denies that he or Carl or Molly Brown employed Cathleen Channel,

but admits that she was employed by Home Mortgage. Brown avers that all actions taken with regard to Cathleen Channel were taken by agents of Home Mortgage solely on behalf of Home Mortgage. Brown admits that Ms. Channel is owed unpaid commissions by Home Mortgage.

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10.

Brown admits that demand was made for payment of wages by Cathleen

Channel. Brown denies the remaining allegations of paragraph 10 of Plaintiff's complaint. 11. Brown denies that he or Carl or Molly Brown employed Theresa Wharry,

but admits that she was employed by Home Mortgage. Brown avers that all actions taken with regard to Theresa Wharry were taken by agents of Home Mortgage solely on behalf of Home Mortgage. Brown admits that Ms. Wharry is owed unpaid commissions by Home Mortgage. 12. Brown admits that demand was made for payment of wages by Theresa

Wharry. Brown denies the remaining allegations of paragraph 12 of Plaintiff's complaint. 13. Brown denies that he or Carl or Molly Brown employed Stacie Hanson, but

admits that she was employed by Home Mortgage. Brown avers that all actions taken with regard to Stacie Hanson were taken by agents of Home Mortgage solely on behalf of Home Mortgage. Brown admits that Ms. Hanson is owed unpaid commissions by Home Mortgage. 14. Brown admits that demand was made for payment of wages by Stacie

Hanson. Brown denies the remaining allegations of paragraph 14 of Plaintiff's complaint. 15. Brown denies that he or Carl or Molly Brown employed Monique Nichols,

but admits that she was employed by Home Mortgage. Brown avers that all actions taken with regard to Monique Nichols were taken by agents of Home Mortgage solely on behalf of Home Mortgage. Brown admits that Ms. Nichols is owed unpaid commissions by Home Mortgage. 16. Brown admits that demand was made for payment of wages by Monique

Nichols. Brown denies the remaining allegations of paragraph 16 of Plaintiff's complaint. 17. Brown admits that commissions are wages. Brown denies the remaining

allegations of paragraph 17 of Plaintiffs' complaint.
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18. denied.

Paragraph 18 fails to state a factual allegation that can be admitted or

AFFIRMATIVE DEFENSES For their affirmative defenses, Brown asserts: failure to state a claim upon which relief can be granted; statute of limitations; waiver; unclean hands; and such other affirmative defenses that may be apparent during discovery. WHEREFORE, the Defendant demands: 1. That Plaintiff's complaint be dismissed and Plaintiff be ordered to pay the

costs, charges, and disbursements, including a reasonable attorney's fee, incurred in the defense of this action. 2. For such further relief as this Court may consider just.

Dated September 30, 2004. D.L. Hall, Attorney, pllc /s Dennis L. Hall Dennis L. Hall Attorneys for Defendants L. Gregory and Melanie Brown

Original Electronically filed September 30, 2004 and a Copy mailed to: Honorable Roslyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003-2158
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Copy electronically served September 30, 2005 to: Mr. James Burr Shields Law Offices of James Burr Shields 382 East Palm Lane Phoenix, Arizona 85004-1531 Attorneys for Plaintiffs Mr. John E. Karow Law Offices of John E. Karow 11350 North 104th Place Scottsdale, Arizona 85259

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