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5:13-cv-00982 #21

5:13-cv-00982 #21

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Published by Equality Case Files
Doc 21 - State Defendants' Answer to Complaint
Doc 21 - State Defendants' Answer to Complaint

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Categories:Types, Business/Law
Published by: Equality Case Files on Nov 22, 2013
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06/18/2014

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Defendants’ Answer to Plaintiffs’ Complaint For Declaratory and Injunctive Relief Page 1
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
CLEOPATRA DE LEON, NICOLE § DIMETMAN, VICTOR HOLMES, and § MARK PHARISS, § Plaintiffs, § v. § CIVIL ACTION NO. 5:13-CV-982-OLG § RICK PERRY, in his Official Capacity as § Governor of the State of Texas, GREG § ABBOTT, in his Official Capacity as Texas § Attorney General, GERARD RICKHOFF, § in his Official Capacity as Bexar County § Clerk, and DAVID LAKEY, in his Official § Capacity as Commissioner of the Texas § Department of State Health Services, § Defendants. §
DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
TO THE HONORABLE ORLANDO L. GARCIA: Defendants Texas Governor Rick Perry, Texas Attorney General Greg Abbott, and Commissioner of the Department of State Health Services David Lakey in their official capacities only make this Answer to Plaintiffs’ Complaint for Declaratory and Injunctive Relief, and would respectfully show the Court the following:
ANSWER
Pursuant to Federal Rule of Civil Procedure 8(b), Defendants Perry, Abbott, and Lakey in their official capacities only deny each and every allegation contained in Plaintiffs’ Complaint except for those expressly admitted herein.
Case 5:13-cv-00982-OLG Document 21 Filed 11/20/13 Page 1 of 8
 
Defendants’ Answer to Plaintiffs’ Complaint For Declaratory and Injunctive Relief Page 2
I. INTRODUCTION
1. Deny. 2. Admit that the Texas Constitution and statutes prohibit same-sex marriage, but deny the  balance of the allegations. 3. Defendants lack sufficient knowledge of whether any of the Plaintiffs wish to be married or any of their alleged backgrounds. 4. Deny.
II. PARTIES
5. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 6. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 7. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 8. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 9. Admit. 10. Admit. 11. Admit. 12. Defendants lack sufficient knowledge to admit or deny. 13. Admit.
Case 5:13-cv-00982-OLG Document 21 Filed 11/20/13 Page 2 of 8
 
Defendants’ Answer to Plaintiffs’ Complaint For Declaratory and Injunctive Relief Page 3
III. NO JURISDICTION AND VENUE
14. Deny. 15. Defendants lack sufficient knowledge of the residence of Plaintiffs or Defendant Rickhoff, but deny venue is proper. Defendants have filed a motion to consolidate this case with a prior pending case regarding the same issues and State Defendants, which is incorporated herein.
IV. FACTUAL BACKGROUND A. De Leon and Dimetman
16. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 17. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 18. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 19. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 20. Defendants lack sufficient knowledge of the marital status of any of the Plaintiffs or any of their alleged backgrounds. 21. Admit. 22. Admit. 23. Deny.
Case 5:13-cv-00982-OLG Document 21 Filed 11/20/13 Page 3 of 8

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