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COMES NOW Defendant, Pinelands Public Improvement District (PPID) and for its
FIRST DEFENSE
Pursuant to Miss. R. Civ. P. 12(b)(6), some or all of the Plaintiffs claims should be
dismissed for failure to state a claim upon which relief can be granted, for among other reasons,
Plaintiff cannot prove that Defendant is subject to the Mississippi Public Records Act.
SECOND DEFENSE
Some or all of the Plaintiffs claims should be dismissed as such claims are barred by the
THIRD DEFENSE
insufficiency of process.
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FOURTH DEFENSE
FIFTH DEFENSE
Pursuant to Miss. R. Civ. P. 12(b)(4), Plaintiffs claims should be dismissed for failure to
SIXTH DEFENSE
SEVENTH DEFENSE
Plaintiffs claims should be dismissed because Plaintiffs are not real parties in interest.
EIGHTH DEFENSE
Without waiving any defenses set forth herein, PPID answers the Plaintiffs Complaint,
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3. The factual allegations of this paragraph are admitted. However, the statements of law
found in this paragraph require no response from PPID; to the extent that a response to the
4. The statements of law found in this paragraph require no response from PPID; to the extent
that a response to the statements of law is required, PPID denies those allegations.
5. Denied.
6. Denied.
7. Denied.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
12. Denied.
13. Denied.
14. All of the allegations of the last unnumbered paragraph beginning WHEREFORE
NINTH DEFENSE
PPID specifically denies any allegation of the Plaintiffs Complaint not otherwise
responded to above.
TENTH DEFENSE
Defendant affirmatively denies any duty owed to Plaintiffs. Accordingly, Defendant denies
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ELEVENTH DEFENSE
To the extent that Plaintiffs may have been damaged, the damages were proximately caused
TWELFTH DEFENSE
Defendant is not liable to Plaintiffs for any negligence, conduct, action, failure or omission
on the part of any other party or non-party which caused or contributed to the incident and
THIRTEENTH DEFENSE
FOURTEENTH DEFENSE
Defendant denies each and every material allegation of the Complaint by which the
Plaintiff seeks to impose liability on the Defendant and denies any responsibility for the alleged
FIFTEENTH DEFENSE
While specifically denying any duty was owed, Defendant pleads impossibility.
SIXTEENTH DEFENSE
While specifically denying any duty was owed, Defendant pleads compliance under the
law, including but not limited to Mississippi Code of 1972 19-31-1 et. seq.
SEVENTEENTH DEFENSE
At all times and as to all matters material to the Complaint, PPID acted reasonably and in
accordance with law and did not breach any duty owed to the Plaintiffs.
EIGHTEENTH DEFENSE
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NINETEENTH DEFENSE
TWENTITH DEFENSE
TWENTY-FIRST DEFENSE
TWENTY-SECOND DEFENSE
Defendant pleads the Defendant cannot be liable to the extent that Plaintiff and/or Plaintiffs
TWENTY-THIRD DEFENSE
Defendant pleads Defendant cannot be liable to the extent that Plaintiff and/or Plaintiffs
TWENTY-FOURTH DEFENSE
Defendant pleads Defendant cannot be liable to the extent that Plaintiff and/or Plaintiffs
failed to perform any obligations owed either to the Defendant or the other Plaintiffs.
TWENTY-FIFTH DEFENSE
Defendant pleads Plaintiffs, under no circumstances, are owed attorneys fees, costs and/or
TWENTY-SIXTH DEFENSE
TWENTY-SEVENTH DEFENSE
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TWENTY-EIGHTH DEFENSE
While denying that the Plaintiffs can establish that Defendant is subject to the Public
Records Act, Defendant affirmatively pleads that Plaintiffs have failed to comply with the Public
TWENTY-NINTH DEFENSE
While denying that the Plaintiffs can establish that Defendant is subject to the Public
Records Act, Defendant affirmatively pleads that Defendant has not willfully or knowingly
THIRTIETH DEFENSE
Without waiving any other defense, and pleading in the alternative, Defendant further
hereby pleads and alleges that it is entitled to all rights, benefits and privileges afforded to it as
passed by and set forth in the 2002 Mississippi Laws Third Extraordinary Session, Chapter 4 (H.B.
19) Civil Justice Reform Act and the 2004 Mississippi Laws First Extraordinary Session, Chapter
1 (H.B. 13) Civil Procedure Tort Reform Venues; Damages; Juries, etc.
THIRTY-FIRST DEFENSE
Without waiving any other defenses, and specifically denying that the Plaintiff has pleaded
a punitive damages claim, Defendant pleads and alleges that it is entitled to all benefits, protections
and holdings as rendered by the United States Supreme Court's decision styled "State Farm Mutual
THIRTY-SECOND DEFENSE
Defendant affirmatively alleges and avers that the seeking of punitive damages against it
is in violation of Miss. R. Civ. P. 11 and Mississippi's Litigation Accountability Act. To the extent
that Plaintiffs made claims for punitive damages, which Defendant denies having been made,
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Defendant hereby moves the Court to dismiss the claim for punitive damages and award Defendant
attorneys' fees and proper costs against the Plaintiffs for improperly alleging and seeking punitive
damages.
THIRTY-THIRD DEFENSE
Without waiving any other defense, and pleading in the alternative, Defendant invokes the
provisions of Miss. Code Ann. 11-1-65 and all rights afforded to Defendant as stated therein.
THIRTY-FOURTH DEFENSE
Although denying that the Plaintiff is seeking and/or entitled to punitive damages, or any
(1) An award of punitive damages in this civil action would amount to deprivation of
property without due process of law in violation of the 5th and 14th Amendments of the United
(2) An award of punitive damages in this civil action would violate the due process
provisions of the 5th and 14th Amendments of the United States Constitution and Section 14 of
(3) The criteria used for determining whether and what amount of punitive damages
may be awarded are impermissibly vague, imprecise and inconsistent and are therefore in violation
of the due process provisions of the 5th and 14th amendments to the United States Constitution.
(4) An award of punitive damages in this civil action would amount to an excessive
fine in violation of the 8th Amendment to the United States Constitution and of Section 28 of the
Mississippi Constitution.
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(5) An award of punitive damages in this civil action would violate the equal protection
provisions of the 14th Amendment to the United States Constitution in that such a sanction is
(6) To the extent that Defendant is subjected to a criminal sanction or sanctions through
punitive damages, the burden of proof required to impose the same shall be to prove "beyond a
reasonable doubt," and punitive damages should not be awarded without affording the Defendant
the full range of criminal procedural safeguards granted by the 4th, 5th and 6th Amendments to
(7) The award of punitive damages in this civil action would violate similar and related
THIRTY-FIFTH DEFENSE
PPID reserves its right to amend its Answer to include any other appropriate affirmative
defenses which may be developed through discovery and/or investigation of the subject incident.
THIRTY-SIXTH DEFENSE
The facts not having been fully developed, PPID further affirmatively pleads the following
affirmative defenses as may be applicable in this action: accord and satisfaction, arbitration and
failure of consideration, fraud, illegality, laches, license, payment, release, res judicata and
collateral estoppel, statute of frauds, statute of limitations, waiver, intervening and superseding
it be dismissed, with all costs assessed to the Plaintiffs, and that a judgment be entered that the
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OF COUNSEL:
COPELAND, COOK, TAYLOR AND BUSH, P.A.
600 Concourse, Suite 100
1076 Highland Colony Parkway
Post Office Box 6020
Ridgeland, Mississippi 39158
Tel.: 601-856-7200
Fax: 601-856-7626
gcopeland@cctb.com
tsterling@cctb.com
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CERTIFICATE OF SERVICE
I, Timothy J. Sterling, do hereby certify that I have electronically filed the foregoing with
the Clerk of the Court using the ECF System which sent notification of such filing to the following:
Mel Coxwell
P.O. Box 316
Brandon, MS 39043
mel@centralmslaw.com
Brad D. Wilkinson
Wilkinson Attorneys at Law
P.O. Box 321408
Flowood, MS 39232
bradw@homelandtitle.com
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