Filed 12 April 26 A9:05 Gary Fitzsimmons District Clerk Dallas Disbict NO.

DC-12-036S9 PAMELA MARTIN-DUARTE, Plaintiff,

§ IN THE DISTRICT COURT OF
§ §

v.
DENA MILLER and BONNIE BLOSSMAN MYER, Defendants.

§ § DALLAS COUNTY, TEXAS
§ §

§ § §

193RD JUDICIAL DISTRICT

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

Defendant Dena Miller ("Miller") hereby files her Original Answer to the First Amended Original Petition of Plaintiff Pamela Martin-Duarte ("Duarte") and her Request for Disclosure to Duarte.
SUMMARY OF THE ANSWER MILLER DENIES MAKING ANY OF THE STATEMENTS UPON WHICH DUARTE BASES HER ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED

CIVIL ACTION AND DENIES ALL OF DUARTE'S ORIGINAL PETITION.

Duarte appears on a television reality show called "Big Rich Texas," which films a number of women and their daughters, all purported to be Dallas socialites and members of an alleged SOI(c)3 nonprofit organization, The Fashionistas, Inc., as they engage in interactions at their homes and their Forth Worth, Texas country club. On the show, Duarte has repeatedly

uttered an array of vulgarities: she has called various of her cast mates "a drunk," "a £*%$#!& liar," "a sociopath," "a con artist," "a piece of s@#!," and "a b*!@S," and claimed one looked like a "hooker." On film she has claimed the word "c*$!" is a cast mate's nickname, opined

"that b* !@S can't afford to open a paper bag," told cast mates to "£*%$ off' and to "get the

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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f*%$ out of my state," and told a male tennis pro, "keep your balls in your pants." She has thrown numerous temper tantrums on the show, escalating minor disagreements to public meltdowns, such as when she began yelling "f*%$ off' at a cast mate's housewarming party or "f*%$ you" at a country club cocktail party. Though she reportedly will not allow producers or cast members to ask about her husband's occupation, she has expressly undertaken "recon" on another cast mate and has lashed out at those whom she perceives to have greater financial resources, class, or beauty than she. Incredibly, after working for two (2) seasons in the above manner to portray herself across the globe (the show is distributed as far away as South Africa) as repellant, coarse, jealous, common and just plain mean, Duarte has filed a lawsuit against cast mate Bonnie Blossman and against Miller, who was originally slated to be on the show, claiming they have made statements that somehow damaged her reputation. This, despite the fact that Duarte has been described publicly as "being a mean-spirited, big-mouthed, bullying witch," "the biggest two-faced b* !@S," a "jealous liar," "a reptilian b*!@S," a "disgusting b*!@S," a "villain," a "stripper," a "whore," and the "most tacky and bile person ever to walk the planet." Even apart from the fact that Miller did not make the statements in issue, Duarte's claims are barred. In her pursuit of fame, Duarte accepted the offer to go on a reality show and, for whatever reason, allowed herself to be filmed as she behaved in the aforesaid fashion. In doing so, Duarte expressly and impliedly consented to allow (indeed, she invited) the public to describe her in any manner they choose. Common sense must rule the day: Duarte's consent to be on a reality show, her own intentional and extreme conduct which invites comment and response and damages her reputation beyond repair, and, upon information and belief, her express release in written and oral agreements of the very claims she now brings wholly bar the instant lawsuit. Surely Duarte does not have a cause of action against the housewife in Peoria who calls her a

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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"pathological liar" or a "stripper" - in sum, such a discussion and the conduct of which she complains in the instant case "goes with the territory."
GENERAL DENIAL

Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Miller denies each and every allegation in Plaintiffs First Amended Original Petition. Miller respectfully requests that Duarte be required to prove her claims against Miller by a preponderance of the evidence as is required by the Constitution and laws of the State of Texas.
DEFENSES, AFFIRMATIVE DEFENSES, AND OTHER RESPONSES

Miller pleads the following defenses, affirmative defenses, and other responses to the allegations in Plaintiff s First Amended Original Petition:
1.

Miller pleads the defense of consent. Duarte's claims are barred because Duarte

has expressly and impliedly consented to the publication of any alleged defamatory statements through, among other things, various agreements in which Duarte expressly acknowledged that defamatory statements would be made about her and her actions, including her actions on the Big
Rich Texas show.

2.

Miller pleads the defense of settlement and release. Upon information and belief,

Duarte's claims are barred because Duarte has expressly and impliedly released Miller from all of the claims and causes of action she brings through various agreements into which she has entered. 3. Miller pleads the defense of truth. Duarte's claims are barred because the

statements complained of and/or the gist of those statements are true and/or substantially true. Duarte cannot show that any statements made were false.

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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4.

Miller pleads the defense of absolute and/or qualified privilege. Duarte's claims

are barred because Miller was fully and/or conditionally justified and/or privileged to make the alleged statements. 5. Miller pleads the defense of justification. Miller was justified in making any

alleged statements or taking any alleged actions. 6. Miller pleads the defense that Duarte is libel and/or slander-proof. Any alleged

defamatory statements regarding Duarte did not cause any injury to Duarte because Duarte had no reputation to lose. Alternatively, Duarte's reputation had previously been diminished before any statements were allegedly made by Miller. Duarte cannot show that she suffered any actual injury as a direct and/or proximate cause and/or as a result of any statement made by Miller. 7. Miller pleads that Duarte cannot show the requisite level of intent and/or

knowledge of alleged falsity required with regard to the statements in issue. Specifically, Duarte is a public figure for purposes of this lawsuit. In the alternative, Duarte is a limited-purpose public figure for purposes of this lawsuit. 8. The matters complained of by Duarte were published without actual malice or any

other degree of fault required by the First and Fourteenth Amendments to the United States Constitution and the laws of the State of Texas. 9. Duarte cannot satisfy her burden of proof in this case to show that any alleged Any alleged defamatory statements are

defamatory statements were statements of fact.

expressions of opinion and/or were statements made in good faith on a subject matter in which Miller had a common interest with Duarte. 10. Duarte cannot satisfy her burden of proof in this case to show that Miller made

any alleged defamatory statements or that any alleged defamatory statements referred to Duarte.

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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11.

Duarte cannot satisfy her burden of proof in this case to show that Miller knew or

should have known that any of the alleged statements made were false. 12. Duarte cannot satisfy her burden of proof in this case to show that the content of

any statement made by Miller was foreseeably defamatory. 13. Duarte cannot show that she suffered any actual injury because of any statement

made by Miller. 14. Duarte's alleged injuries were the result of Duarte's own acts or omissions or

contributed to Duarte's alleged injuries. 15. Duarte has herself published the allegedly defamatory statements and therefore

has no damages related to such statements. 16. Duarte has failed to mitigate her damages.
PROPORTIONATE RESPONSIBILITY

17.

In accordance with Chapter 33 of the Texas Civil Practices and Remedies Code,

and with respect to any damages suffered by any claimant in this litigation, Miller also requests that the trier of fact determine the percentage of responsibility for: (1) all of the parties in this litigation, including any parties subsequently joined in this litigation; (2) any settling person; or (3) any responsible third party.
REQUEST FOR DISCLOSURE

Pursuant to Texas Rule of Civil Procedure 194, Miller requests that Duarte disclose the information or material described in Rule 194.2 within 30 days of service of this request.
PRAYER FOR RELIEF

Miller prays that Duarte take nothing by her suit and that Miller have judgment for costs, attorney's fees, and such further relief, at law or equity, to which she is justly entitled.

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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Dated: April

Z~, 2012

Respectfully submitted,

~<6\'

I'f\. ~.

D'Lesli M. Davis State Bar No. 05479450 ddavis@fulbright.com Michael c. Steindorf State Bar No. 19134800 msteindorf@fulbright.com James V. Leito IV State Bar No. 24054950 jleito@fulbright.com Fulbright & Jaworski L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-2784 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 Amy Witherite State Bar No. 00788698 awitherite@ewlawyers.com Eberstein & Witherite LLP 3100 Monticello Ave., Ste 500 Dallas, TX 75205-3432 Telephone: (214) 378-6665 Facsimile: (214) 378-6670
ATTORNEYS FOR DEFENDANT DENA MILLER

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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Certificate of Service This pleading has been served upon all counsel of record and any additional persons affected thereby in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on April Z~, 2012. Lawrence J. Friedman Friedman & Feiger, L.L.P. 5301 Spring Valley Road, Suite 200 Dallas, TX 75254 Fax: 972-788-2667 Robert "Trey" Varner Anthony L. Vitullo Fee, Smith, Sharp & Vitullo, L.L.P. Three Galleria Tower 13155 Noel Road, Suite 1000 Dallas, TX 75240 Fax: 972-934-9200

D'Lesli M. Davis

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER

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