Case 0:12-cv-61072-RSR Document 5 Entered on FLSD Docket 07/16/2012 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 12-cv-61072-Zloch/Rosenbaum SECURITIES & EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) ) ROBERT L. COTTON and ) COTTON & WESTERN MINING, INC., ) ) Defendants. ) _____________________________________ )

ANSWER OF COTTON & WESTERN MINING, INC. Cotton & Western Mining, Inc., by and through its undersigned counsel, hereby files its answer to the complaint and states: 1. The allegations set forth in paragraph 1 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 2. The allegations set forth in paragraph 2 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 3. The allegations set forth in paragraph 3 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 4. The allegations set forth in paragraph 4 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 5. The allegations set forth in paragraph 5 of the complaint as they relate to Cotton & Western Mining, Inc. are denied.

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6. The allegations set forth in paragraph 6 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 7. The allegations set forth in paragraph 7 of the complaint are admitted. 8. The allegations set forth in paragraph 8 of the complaint are admitted. 9. The allegations set forth in paragraph 9 of the complaint are admitted. 10. The allegations set forth in paragraph 10 of the complaint are admitted. 11. The allegations set forth in paragraph 11 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 12. The allegations set forth in paragraph 12 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 13. The allegations set forth in paragraph 13 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 14. The allegations set forth in paragraph 14 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 15. The allegations set forth in paragraph 15 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 16. The allegations set forth in paragraph 16 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc.

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17. The allegations set forth in paragraph 17 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 18. The allegations set forth in paragraph 18 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 19. The allegations set forth in paragraph 19 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 20. The allegations set forth in paragraph 20 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 21. The allegations set forth in paragraph 21 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 22. The allegations set forth in paragraph 22 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 23. The allegations set forth in paragraph 23 of the complaint are admitted however, Cotton & Western Mining, Inc. denies that such action was taken by Cotton & Western Mining, Inc. 24. The allegations set forth in paragraph 24 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 3

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25. The allegations set forth in paragraph 25 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 26. The allegations set forth in paragraph 26 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 27. The allegations set forth in paragraph 27 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 28. The allegations set forth in paragraph 28 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. 29. The allegations set forth in paragraph 29 of the complaint as they relate to Cotton & Western Mining, Inc. are denied. WHEREFORE, Cotton & Western Mining, Inc. respectfully requests that judgment be entered in its favor and the relief sought by Plaintiff be denied.

REQUEST FOR JURY TRIAL Cotton & Western Mining, Inc. requests trial by jury of all issues triable by jury as a matter of right.

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Dated: July 16, 2012

Respectfully submitted, DAVID M. GARVIN, P.A. Attorney for Defendants 200 South Biscayne Boulevard Suite 3150 Miami, Florida 33131 Tel: (305) 371-8101 Fax: (305) 371-8848 Email: ontrial2@gmail.com

By: /s/ David M. Garvin DAVID M. GARVIN, ESQ. Florida Bar No. 347736

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 16, 2012, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF, which will send notification of such filing to all counsel of record. /s/ David M. Garvin DAVID M. GARVIN, ESQ.

O:\Clients\Cotton, Robert - File #1682.001\07-16-12.ANSWER OF COTTON & WESTERN MINING, INC.wpd