Case 3:11-cv-00645-RCJ-VPC Document 9 Filed 10/27/11 Page 1 of 5
Brent T. Kolvet, Esq.
State Bar No. 1597
Thorndal, Armstrong, Delk, Balkenbush & Eisinger
6590 S. McCarran, Suite B
Reno, Nevada 89509
Attorneys for Defendant
STOREY COUNTY
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CASE NO. 3:11-CV-00645-RCJ-VPC
ANSWER TO COMPLAINT SEEKING DECLARATORY AND INJUNCTIVE RELIEF
THOMAS S. TAORMINA and MIDGE A.
TAORMINA,
Plaintiffs,
vs.
STOREY COUNTY, NEVADA and DOES 1-10,
Defendants.
COMES NOW Defendant, Storey County, Nevada, by and through its attorneys, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, and in answer to Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, hereby admits, denies, and alleges as follows:
FIRST DEFENSE
I
Defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in Paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10, 11a, 15, 16, 17, 18, 19, 22, 24, 25, 26, 55, 61, 63, 64, 70, 75, 77, 78, 80, 81, 87, 88, 89, and 97 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, and upon such basis denies said allegations.
II
Defendant admits the allegations contained in Paragraphs 7, 11, 12, 13, 20, 21, 29, 30, 31, 37, 39, 40, 41, 42, 43, 45, 46, 54, 56, 57, 58, 65, 67, 69, and 73 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief.
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III
Defendant denies the allegations contained in Paragraphs 14, 23, 27, 28, 32, 38, 44, 48, 59, 60, 66, 68, 71, 72, 74, 76, 79, 82, 83, 84, 85, 86, 90, 91, 92, 93, 94, 95, 96, and 98 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief.
IV
In answer to Paragraph 33 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Storey County Code § 17.62.010 speaks for itself.
V
In answer to Paragraph 34 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that 47 U.S.C. § 303 speaks for itself.
VI
In answer to Paragraph 35 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that 42 C.F.R. § 97.1 speaks for itself.
VII
In answer to Paragraph 36 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the test of Public Law 103-408 (J. Res., 103d Congress, 1994) speaks for itself.
VIII
In answer to Paragraph 47 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
VIX
In answer to Paragraph 49 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
X
In answer to Paragraph 50 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
XI
In answer to Paragraph 51 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive
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Relief, Defendant states that the Staff Report speaks for itself.
XII
In answer to Paragraph 52 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
XIII
In answer to Paragraph 53 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
XIV
In answer to Paragraph 62 of Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Defendant states that the Staff Report speaks for itself.
SECOND DEFENSE
Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief on file herein fails to state a claim against this Defendant upon which relief may be granted.
THIRD DEFENSE
Defendant's alleged actions or omissions were taken with due care in the execution of the statutes and regulations, and therefore, Defendant is statutorily immune from this action.
FOURTH DEFENSE
Defendant's alleged actions or omissions occurred in the exercise or performance of discretionary functions and duties, and therefore, Defendant is statutorily immune from this action.
FOURTH DEFENSE
At the time and place alleged in Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief, Plaintiff had complete knowledge of each and every condition then and there existing, and with such knowledge, freely, voluntarily, and knowingly consented to and assumed the risk of injury and damage in the situation then existing, including the incidents which are referred to in the Complaint.
FIFTH DEFENSE
It has been necessary for Defendant to employ the services of an attorney to defend this
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action, and a reasonable sum should be allowed Defendant as and for attorney's fees, together with its costs expended in this action.
SIXTH DEFENSE
Pursuant to NRCP Rule 11, as amended, all possible affirmative defenses may not have been alleged herein insofar as sufficient facts were not available to Defendant after reasonable inquiry upon the filing of Defendant's Answer, and therefore, Defendant reserves the right to amend this Answer to allege additional affirmative defenses if subsequent investigation so warrants.
WHEREFORE, Defendant prays:
1. That Plaintiffs’ Complaint Seeking Declaratory and Injunctive Relief be dismissed with prejudice and that they take nothing thereby;
2. That Defendant be awarded a reasonable attorney's fee and costs of suit; and
3. For such other and further relief as this Court deems just and proper.
DATED this 27th day of October, 2011.
THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER
By: /s/ Brent T. Kolvet
Brent T. Kolvet, Esq.
State Bar No. 1597
6590 S. McCarran Blvd., Suite B
Reno, Nevada 89509
Attorneys for Defendant
Storey County
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CERTIFICATE OF SERVICE
Pursuant to FRCP 5(b), I certify that I am an employee of Thorndal, Armstrong, Delk, Balkenbush & Eisinger, and that on this date I electronically filed the foregoing ANSWER TO COMPLAINT SEEKING DECLARATORY AND INJUNCTIVE RELIEF with the United States District Court’s CM/ECF Electronic Filing system, which will serve the following parties electronically:
Brian M. McMahon, Esq.
McMahon Law Offices, Ltd.
3715 Lakeside Drive, Suite A
Reno, NV 89509-5239Phone:775-348-2701
Fax:775-348-2702
E-Mail:brian@mcmahonlaw.org
Fred Hopengarten, Esq.
Six Willarch Road
Lincoln, MA 01773
Phone:781-259-0088
Fax:419-858-2421
E-Mail:hopengarten@post.harvard.edu
Attorneys for Plaintiffs
Thomas S. Taormina
DATED this 27th day of October, 2011.
/s/ Mary C. Wilson
An employee of Thorndal, Armstrong, Delk, Balkenbush & Eisinger
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