| Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer | |
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| Tweet Topic Started: Apr 15 2011, 01:22 AM (2,909 Views) | |
| Payback | Apr 15 2011, 09:31 AM Post #16 |
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Walt-in-Durham is a treasure for LieStoppers--worth every penny we would pay him if we could. Thank you, Walt. |
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| Quasimodo | Apr 15 2011, 09:33 AM Post #17 |
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| Acc Esq | Apr 15 2011, 10:10 AM Post #18 |
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Let me add one point to Walt's superb summary. A denial in an answer to a complaint is a legal word of art. It does not mean that a defendant is denying that the allegation is true. Rather, a denial only puts the burden of proof on the plaintiff to establish the facts set forth in the allegation. |
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| Quasimodo | Apr 15 2011, 10:21 AM Post #19 |
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So what was said between Wasiolek/Covington to get Covington to arrive and work neither for Duke nor for the team? And how did he expect to get paid? And by whom? |
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| Quasimodo | Apr 15 2011, 10:24 AM Post #20 |
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Can they be sanctioned by the judge for wasting the court's time in denying allegations which are so easy to prove? ( "We deny Levicy altered the records. And besides that, we deny the earth is round.") There must be some limits.... (?) After all, they have submitted 732 pages; and we know the judge doesn't like long motions... Or do they expect never to have to defend their denials (because there will be settlements)? (pure speculation alert!) |
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| Quasimodo | Apr 15 2011, 10:28 AM Post #21 |
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Specific question for Dean Sue: did she advise them to hire Covington as their counsel? If not, exactly what did she expect them to get from Covington (and how could he possibly help them if not by giving legal advice)? And doesn't his doing so commence an attorney/client relationship? Edited by Quasimodo, Apr 15 2011, 10:29 AM.
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| Bill Anderson | Apr 15 2011, 10:32 AM Post #22 |
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| Quasimodo | Apr 15 2011, 10:36 AM Post #23 |
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POSTER COMMENT from 2008:
Which means that Pressler is also a witness. Why deny something which has so many witnesses who can confirm it? (Isn't that waisting the court's time and resources? Isn't filing a 732 page motion filled with such things also waisting the court's time and resources?) |
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| Quasimodo | Apr 15 2011, 10:41 AM Post #24 |
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Plaintiffs' response to motion to dismiss:
Edited by Quasimodo, Apr 15 2011, 10:42 AM.
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| Quasimodo | Apr 15 2011, 10:44 AM Post #25 |
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from Plaintiffs' response to motion to dismiss:
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| jmoo | Apr 15 2011, 11:01 AM Post #26 |
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Abb - check your email. Just noticed Abb isn't online. I have the Answers (Carrington & McFadyen) can anyone else load & link to them? If so, send me your email via PM Edited by jmoo, Apr 15 2011, 11:03 AM.
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| Baldo | Apr 15 2011, 11:22 AM Post #27 |
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Put it on our tab! What price can there be for honest & truthful evaluation by knowledgeable members? We may not always be right, but we try to stand up to our official name & what Cathy Davidson complained about. Lie Stoppers & Blog Hooligans Nobody owns the truth. It is what it is. |
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| sceptical | Apr 15 2011, 11:23 AM Post #28 |
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Thanks to jmoo for the text. I am posting as is and haven't had time to better format it yet. It will be in segments because of the length. ) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NUMBER 1:07-CV-00953 RYAN McFADYEN, et al., Plaintiffs, v. DUKE UNIVERSITY, et al., Defendants. ANSWER OF THE DUKE UNIVERSITY DEFENDANTS, DUKE UNIVERSITY POLICE DEFENDANTS, AND DUKE SANE DEFENDANTS Duke University, Robert K. Steel, Richard Brodhead, John Burness, Matthew Drummond and Victor J. Dzau (hereinafter “Duke University Defendants”), Aaron Graves, Robert Dean, and Gary N. Smith (hereinafter “Duke University Police Defendants”), and Duke University Health System, Inc. and Tara Levicy (hereinafter “Duke University SANE Defendants”) respond as follows to the Second Amended Complaint filed in this action: FIRST DEFENSE Plaintiffs’ Second Amended Complaint violates Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Instead, Plaintiffs’ Second Amended Complaint includes a large number of implicit allegations that are undefined and bases its allegations on a large number of false premises. It contains 428 pages and 1,388 Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 1 of 460 2 numbered paragraphs, “most of which are not relevant to the actual legally-recognized claims that may be available.” (See D.E. 186 at 221.) SECOND DEFENSE The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny anything that is not explicitly admitted in the same terms in which it is alleged. It is not the intention of the Duke University Defendants, Duke University Police Defendants, or the Duke SANE Defendants to make any implicit admissions of facts, premises, or concepts that are logically, or otherwise, implied by the allegations within the Second Amended Complaint. Where facts, premises, or concepts are admitted, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants will admit those facts, premises or concepts expressly. The Duke University Defendants, Duke University Police Defendants, or the Duke SANE Defendants deny all other allegations within this Second Amended Complaint that are not admitted. THIRD DEFENSE The Duke University Defendants, Duke University Police Defendants and Duke SANE Defendants have not engaged in discovery regarding the circumstances of the Plaintiffs’ allegations. The Duke University Defendants, Duke University Police Defendants and Duke SANE Defendants thus expressly reserve the right to move to amend their answer to add additional responses and defenses as discovery progresses and additional information regarding this action becomes available. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 2 of 460 3 FOURTH DEFENSE To the extent that any of the headings contained within the Second Amended Complaint are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. FIFTH DEFENSE The Duke University Defendants, the Duke University Police Defendants, and the Duke SANE Defendants respond as follows to the numbered allegations contained in the Second Amended Complaint: To the extent that the heading that precedes Paragraph 1 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 1. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they were a part of any type of “consortium” as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 2. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they were a part of any type of “consortium” as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 3 of 460 4 3. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 4. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 5. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that the North Carolina Attorney General’s office conducted an independent investigation of the allegations made by Ms. Mangum. Upon information and belief, the Duke University Defendants and Duke SANE Defendants admit that on April 11, 2007, the North Carolina Attorney General dismissed all charges against David Evans, Colin Finnerty, and Reade Seligmann arising from the rape allegations that are the subject of this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the heading that precedes Paragraph 6 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. snip 9. Duke University admits that the Plaintiffs were undergraduates at Duke University and members of its men’s lacrosse team during the spring semester of 2006. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the headings that precede Paragraph 10 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 10. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 5 of 460 6 PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. Duke University admits that it is a private research university. Duke University further admits that it is a non-profit corporation organized under North Carolina law. The allegation in the second sentence calls for a legal conclusion to which no response is required. To the extent that a response is required, Duke University denies the allegation contained in the second sentence. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. To the extent that the heading that precedes Paragraph 11 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 11. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies that the Duke University Police Department is a separate legal entity from Duke University. Duke University admits that Duke University Police Officers are Duke University employees, are commissioned as law enforcement officers under the North Carolina General Statutes, and have the full range of police authority granted any municipal law enforcement officers. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 6 of 460 7 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 12 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 12. Aaron Graves and Duke University admit that Aaron Graves served as the Associate Vice President for Campus Safety and Security for Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until June 30, 2010. Duke University and former Associate Vice President Graves admit that former Associate Vice President Graves discharged appropriately and fully the responsibilities of Associate Vice President for Campus Safety and Security for Duke University. Former Associate Vice President Graves admits that he was a citizen and resident of North Carolina in 2006. Former Associate Vice President Graves denies that he is now a resident of North Carolina. Duke University and former Associate Vice President Graves deny the remaining allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 7 of 460 8 13. Robert Dean and Duke University admit that Robert Dean served as the Director of the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until April 2008. Duke University and former Director Dean further admit that former Director Dean discharged appropriately and fully the responsibilities of Director of the Duke University Police Department. Former Director Dean further admits that he is a resident of North Carolina. Duke University and former Director Dean deny the remaining allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 14. The claims against Leila Humphries were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Leila Humphries served as the Assistant Police Chief of the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until May 2006. Duke University further admits that former Assistant Police Chief Humphries discharged appropriately and fully the responsibilities of Assistant Police Chief of the Duke University Police Department. Upon information and belief, Duke University admits that former Assistant Police Chief Humphries is a citizen and resident of North Carolina. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 8 of 460 9 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 15. The claims against Phyllis Cooper were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Phyllis Cooper serves in the Duke University Police Department as a fully commissioned North Carolina law enforcement officer with the rank of major, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Major Cooper discharged appropriately and fully the responsibilities of a major with the Duke University Police Department. Duke University admits that Major Cooper has served as a liaison to CrimeStoppers. Upon information and belief, Duke University admits that Major Cooper is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 16. The claims against William F. Garber II were dismissed by the Court’s Order of March 31, 2011. Duke University admits that William F. Garber II served as the Medical Center Affairs Manager for the Duke University Police Department, including during the period Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 9 of 460 10 from March 13, 2006 (the date of Plaintiffs’ party) to February 2008. Duke University admits that Mr. Garber discharged appropriately and fully the responsibilities of Medical Center Affairs Manager with the Duke University Police Department. Upon information and belief, Duke University admits that Mr. Garber is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 17. The claims against James Schwab were dismissed by the Court’s Order of March 31, 2011. Duke University admits that James Schwab served as a fully commissioned North Carolina law enforcement officer and was a major for the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until December 2006. Duke University admits that former Major Schwab discharged appropriately and fully the responsibilities of a major with the Duke University Police Department. Upon information and belief, Duke University admits that former Major Schwab is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 10 of 460 11 18. The claims against Joseph Fleming were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Joseph Fleming served as a fully commissioned North Carolina law enforcement officer and was a lieutenant with the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until June 2006. Duke University admits that former Lieutenant Fleming discharged appropriately and fully the responsibilities of a lieutenant with the Duke University Police Department. Upon information and belief, Duke University admits that former Lieutenant Fleming is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 19. The claims against Jeffrey Best were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Jeffrey Best serves as a fully commissioned North Carolina law enforcement officer and is a lieutenant and Squad Commander in the Uniform Patrol Division in the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to present. Duke University admits that Lieutenant Best discharged appropriately and fully the responsibilities of a lieutenant with the Duke University Police Department. Duke University admits that Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 11 of 460 12 Lieutenant Best was the Watch Commander on the evening of March 13, 2006, and during the early morning hours of March 14, 2006, for the Duke University Police Department. Upon information and belief, Duke University admits that Lieutenant Best is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 20 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 20. Gary Smith and Duke University admit that Gary Smith serves as a fully commissioned North Carolina law enforcement officer and is a Sergeant with the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University and Sergeant Smith admit that Sergeant Smith discharged appropriately and fully the responsibilities of an investigator with the Duke University Police Department. Sergeant Smith admits he is a citizen and resident of North Carolina. Duke University and Sergeant Smith deny the remaining allegations. The remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 12 of 460 13 sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 21. The claims against Greg Stotsenberg were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Greg Stotsenberg serves as a fully commissioned North Carolina law enforcement officer and is a lieutenant for the Duke University Police Department, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Lieutenant Stotsenberg served as a liaison to CrimeStoppers. Duke University admits that Lieutenant Stotsenberg discharged appropriately and fully the responsibilities of a lieutenant with the Duke University Police Department. Upon information and belief, Duke University admits that Lieutenant Stotsenberg is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 22 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 22. Robert Steel and Duke University admit that Robert Steel served as Chairman of the Duke University Board of Trustees and the Executive Committee of the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 13 of 460 14 Duke University Board of Trustees, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until May 2009. Duke University and former Chairman Steel further admit that former Chairman Steel discharged appropriately and fully the responsibilities of Chairman of the Duke University Board of Trustees. Former Chairman Steel admits that he is a citizen and resident of Connecticut. Duke University and former Chairman Steel deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 23. Richard Brodhead and Duke University admit that Richard Brodhead serves as President of Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. President Brodhead admits attending meetings to respond to the situation created by the accusations against the lacrosse players. Duke University and President Brodhead further admit that President Brodhead discharged appropriately and fully the responsibilities of President of Duke University. President Brodhead further admits that he is a citizen and resident of North Carolina. Duke University and President Brodhead deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 14 of 460 15 24. Edited by sceptical, Apr 15 2011, 01:29 PM.
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| sceptical | Apr 15 2011, 11:25 AM Post #29 |
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24. The claims against Peter Lange were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Peter Lange serves as Provost of Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Provost Lange attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University further admits that Provost Lange discharged appropriately and fully the responsibilities of Provost of Duke University. Upon information and belief, Duke University admits that Provost Lange is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 25. The claims against Tallman Trask III were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Tallman Trask III serves as Executive Vice President of Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Executive Vice President Trask attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University further admits that Executive Vice President Trask discharged appropriately and fully the responsibilities of Executive Vice President of Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 15 of 460 16 Duke University. Upon information and belief, Duke University admits that Executive Vice President Trask is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 26. John Burness and Duke University admit that John Burness served as Senior Vice President for Public Affairs and Government Relations at Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) through June 30, 2008. Duke University and former Senior Vice President Burness admit that former Senior Vice President Burness attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University and former Senior Vice President Burness admit that former Senior Vice President Burness was the primary senior liaison to the City of Durham. Duke University and former Senior Vice President Burness deny that former Senior Vice President Burness was the primary liaison to the Durham Police Department. Duke University and former Senior Vice President Burness admit that former Senior Vice President Burness discharged appropriately and fully the responsibilities of Senior Vice President for Public Affairs and Government Relations of Duke University. Former Senior Vice President Burness admits that he is a citizen and resident of North Carolina. Duke University and former Senior Vice President Burness deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 16 of 460 17 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 27. The claims against Larry Moneta were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Larry Moneta serves as Vice President for Student Affairs at Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Vice President Moneta attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University admits that Vice President Moneta discharged appropriately and fully the responsibilities of Vice President for Student Affairs of Duke University. Upon information and belief, Duke University admits that Vice President Moneta is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 28. Victor Dzau, DUHS, and Duke University admit that Victor Dzau serves as Chancellor for Health Affairs and President and Chief Executive Officer of DUHS, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University, DUHS, and Chancellor Dzau further admit that Chancellor Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 17 of 460 18 Dzau discharged appropriately and fully the responsibilities of Chancellor for Health Affairs and President and Chief Executive Officer of DUHS. Chancellor Dzau further admits that he is a citizen and resident of North Carolina. Duke University, DUHS, and Chancellor Dzau deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and remaining Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 29. The claims against Allison Haltom were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Allison Haltom served as Executive University Secretary and Vice President of Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until December 31, 2007. Duke University admits that former Secretary Haltom attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University further admits that former Secretary Haltom discharged appropriately and fully the responsibilities of University Secretary and Vice President of Duke University. Upon information and belief, Duke University admits that former Secretary Haltom is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 18 of 460 19 To the extent that the heading that precedes Paragraph 30 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 30. The claims against Kemel Dawkins were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Kemel Dawkins served as the Vice President for Campus Services for Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until April 2010. Duke University admits that former Vice President Dawkins reported to Tallman Trask, Executive Vice President of Duke University. Duke University further admits that former Associate Vice President Graves, and Mr. Drummond, Director IT Auxiliary Services-DukeCard, reported to former Vice President Dawkins. Duke University admits that former Vice President Dawkins discharged appropriately and fully the responsibilities of Vice President for Campus Services for Duke University. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 31. The claims against Suzanne Wasiolek were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Suzanne Wasiolek serves as Assistant Vice President for Student Affairs and Dean of Students at Duke University, including during the period Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 19 of 460 20 from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University further admits that Dean Wasiolek discharged appropriately and fully the responsibilities of Assistant Vice President for Student Affairs and Dean of Students of Duke University. Duke University further admits that Dean Wasiolek received her juris doctorate from North Carolina Central School of Law and that she practiced law for a period of nine months. Duke University denies that Dean Wasiolek acts as a lawyer in her position at Duke. Dean Wasiolek admits that she is a citizen and resident of North Carolina. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 32. The claims against Stephen Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Stephen Bryan serves as Associate Dean of Students and Director of Judicial Affairs at Duke University, including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that Associate Dean Bryan discharged appropriately and fully the responsibilities of Associate Dean of Students of Duke University. Upon information and belief, Duke University admits that Associate Dean Bryan is a citizen and resident of North Carolina. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 20 of 460 21 The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 33. Matthew Drummond and Duke University admit that Matthew Drummond served as the Director IT Auxiliary Services-DukeCard, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until February 2011. Duke University and Matthew Drummond admit that Matthew Drummond discharged appropriately and fully the responsibilities of Director IT Auxiliary Services-DukeCard. Former Director Drummond further admits that he is a citizen and resident of North Carolina. Duke University and Matthew Drummond deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 34 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 34. Duke University Health System, Inc. (“DUHS”) and Duke University admit that DUHS is a non-profit corporation organized under North Carolina law for the purpose of operating an integrated academic health care system. Duke University and DUHS deny that Durham Center Access is a constituent entity of DUHS and deny that Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 21 of 460 22 DUHS operates Durham Center Access. Duke University and DUHS deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and remaining Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 35. The claims against Private Diagnostic Clinic, PLLC (“PDC”) were dismissed by the Court’s Order of March 31, 2011. Duke University and DUHS admit that PDC is a professional limited liability company organized under North Carolina law. Duke University and DUHS deny the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and remaining Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 36. The claims against Julie Manly were dismissed by the Court’s Order of March 31, 2011. DUHS admits that Julie Manly served as an emergency medicine resident physician at DUHS, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until June 30, 2006. DUHS specifically denies that Dr. Manly was a “person” acting under color of law. Upon information and belief, DUHS admits that Julie Manly is a citizen and resident of North Carolina. DUHS denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 22 of 460 23 The Duke University Defendants, Duke University Police Defendants and remaining Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 37. The claims against Theresa Arico were dismissed by the Court’s Order of March 31, 2011. DUHS admits that Theresa Arico served as the Coordinator of the Sexual Assault Nurse Examiner Program at Duke University Hospital, including during the period from March 13, 2006 (the date of Plaintiffs’ party) until October 2006. DUHS specifically denies that Nurse Arico was a “person” acting under color of law. Upon information and belief, DUHS admits that Nurse Arico is citizen and resident of North Carolina. DUHS denies the remaining allegations. The Duke University Defendants, Duke University Police Defendants and remaining Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 38. Tara Levicy and DUHS admit that on March 14, 2006, Nurse Levicy was a registered nurse who was working as a staff nurse in the Emergency Department at Duke University Hospital. Nurse Levicy admits that she was a citizen and resident of North Carolina in 2006 and 2007. Nurse Levicy admits that she is now a citizen and resident of New Hampshire. DUHS and Nurse Levicy admit that on March 14, 2006, when working on her shift, Nurse Levicy had successfully completed her SANE training and was waiting for her certificate of completion to arrive in the mail. DUHS and Nurse Levicy Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 23 of 460 24 specifically deny that Nurse Levicy was a “person” acting under color of law. DUHS and Nurse Levicy deny the remaining allegations. The Duke University Defendants and Duke University Police Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 39. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange, Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, former Director Drummond, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy admit that they are Defendants in this Action. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, former Director Drummond, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 24 of 460 25 40. The claims against Provost Lange, Executive Vice President Trask, Vice President Moneta, and former Secretary Haltom were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel, President Brodhead, former Senior Vice President Burness, and Chancellor Dzau admit that they are Defendants in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 41. The claims against Provost Lange, Executive Vice President Trask, Vice President Moneta, former Secretary Haltom, former Vice President Dawkins, Dean Wasiolek, and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel, President Brodhead, former Senior Vice President Burness, former Director Drummond and Chancellor Dzau admit that they are Defendants in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 42. The claims against Dr. Manly, Nurse Arico, and PDC were dismissed by the Court’s Order of March 31, 2011. Nurse Levicy, DUHS and Duke University admit that they are Defendants named in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. |
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| sceptical | Apr 15 2011, 11:27 AM Post #30 |
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43. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg and Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. President Brodhead, former Associate Vice President Graves, Sergeant Smith, and former Director Dean admit that they are Defendants in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 44. The claims against Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, and Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. President Brodhead, former Associate Vice President Graves, and former Director Dean admit that they are Defendants in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 45. The claims against Lieutenant Stotsenberg were dismissed by the Court’s Order of March 31, 2011. Sergeant Smith admits that he is a Defendant in this Action. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 26 of 460 27 The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 46. The claims against former Vice President Dawkins, Dean Wasiolek, and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Former Director Drummond admits that he is a Defendant in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 47. The claims against Lieutenant Best, former Lieutenant Fleming, Major Cooper, former Assistant Chief Humphries, former Vice President Dawkins, and Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel, Sergeant Smith, former Director Dean, former Associate Vice President Graves, and President Brodhead admit that they are Defendants in this Action. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the heading that precedes Paragraph 48 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 48. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that the City of Durham is a municipal corporation formed under the laws of North Carolina. The Duke University Defendants, Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 27 of 460 28 University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the allegations contained in the second sentence and, therefore, deny the allegations contained in the second sentence. Duke University denies the allegations contained in the last sentence. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 49. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Michael Nifong was the District Attorney for Durham County. Upon information and belief, it is further admitted that former District Attorney Nifong was disbarred by the North Carolina State Bar for his actions relating to the prosecution of David Evans, Colin Finnerty, and Reade Seligmann. Other than reports of the disbarment proceedings, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 28 of 460 29 To the extent that the heading that precedes Paragraph 50 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 50. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Patrick Baker was the City Manager for the City of Durham. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 51. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Steven Chalmers was the Chief of Police for the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 52. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Ronald Hodge was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 29 of 460 30 53. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Lee Russ was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 54. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Stephen Mihaich was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 55. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Beverly Council was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 56. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Jeff Lamb was employed by the Durham Police Department. The Duke University Defendants, Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 30 of 460 31 University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 57. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Michael Ripberger was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 58. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Laird Evans was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 59. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that James Soukup was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 31 of 460 32 To the extent that the heading that precedes Paragraph 60 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 60. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Kammie Michael was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 61. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that David Addison was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. To the extent that the heading that precedes Paragraph 62 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 62. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Mark Gottlieb was employed by the Durham Police Department. The Duke University Defendants, Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 32 of 460 33 University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 63. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Benjamin Himan was employed by the Durham Police Department. The Duke University Defendants and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 64. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Linwood Wilson was employed by the District Attorney for the Fourteenth Judicial District. The Duke University Defendants and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 65. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that Richard Clayton was employed by the Durham Police Department. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 33 of 460 34 |
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3:28 AM Jul 11