Shelleys - 7-19-2010 Answer to 1st amended complaint

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Shelleys - 7-19-2010 Answer to 1st amended complaint

  1. 1. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Howard K. Stern, as Executor of the ) Civil Action No. 4: 08 - CV -2753 - TLW Estate of Vickie Lynn Marshall, a/k/a ) Vickie Lynn Smith, a/k/a Vickie Lynn ) Hogan, a/k/a Anna Nicole Smith, ) ) Plaintiffs, ) ) ANSWER OF STANCIL SHELLEY, vs. ) A/K/A FORD SHELLEY AND GINA ) THOMPSON SHELLEY TO FIRST Stancil Shelley, a/k/a Ford Shelley, G. ) AMENDED COMPLAINT Ben Thompson, Gaither Bengene ) Thompson, II, Melanie Thompson, Gina ) Thompson Shelley, Susan Brown, and The ) Law Offices of Susan M. Brown, P.C., ) ) Defendants. The defendants Stancil Shelley, a/k/a Ford Shelley and Gina Thompson Shelley, answering the First Amended Complaint of the plaintiff herein would show unto this Honorable Court as follows: FOR A FIRST DEFENSE 1. Each and every allegation not hereinafter specifically admitted, denied or explained is denied. FOR A SECOND DEFENSE AND BY WAY OF ANSWER 2. Defendants admit upon information and belief the allegations of Paragraphs 1 and 2. 3. Admit the allegations of Paragraph 3 through 7.
  2. 2. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 2 of 11 4. Admit upon information and belief the allegations of Paragraphs 8 and 9. 5. Answering Paragraph 10, these defendants would admit that Brown was at certain times the authorized agent of Ben, Gaither or Melanie. 6. These answering defendants have insufficient information and belief to admit or deny the allegations of Paragraph 11 and therefore deny the same and demand strict proof thereof. 7. The allegations of Paragraph 12 state a conclusion of law and therefore no response is required. To the extent a response is required, the defendants have insufficient information and belief to admit or deny and therefore deny and demand strict proof thereof. 8. Admit the allegations of Paragraphs 13 – 17. 9. Admit upon information and belief the allegations of Paragraphs 18 – 20 10. Admit the allegations of Paragraph 21. 11. Admit upon information and belief the allegations of Paragraph 22. 12. Answering Paragraphs 23 -25, these defendants admit only so much of the allegations as allege that Brown and the Law Firm are subject to the jurisdiction of this Court; these defendants specifically deny any allegations as to a conspiracy. 13. Admit the allegations of Paragraphs 26 and 27. 14. The allegations of Paragraph 28 set forth conclusions of law and therefore, no response is necessary. To the extent a response may be required, the defendants have insufficient information to admit or deny, and therefore, the allegations are denied and strict proof demanded thereof. 2
  3. 3. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 3 of 11 15. Admit the allegations of Paragraphs 29 and 30. 16. The allegations of Paragraph 31 set forth conclusions of law and therefore, no response is necessary. To the extent a response may be required, the defendants have insufficient information to admit or deny, and therefore, the allegations are denied and strict proof demanded thereof. 17. Answering Paragraph 32, these defendants would show that Ms. Smith was living in the Bahamas in a property known as the Horizons at the time of her death. All other allegations of Paragraph 32 are denied. 18. Admit the allegations of Paragraphs 33 and 34. 19. Answering Paragraph 35, these defendants would show that they were aware that an eviction notice was to be served but have no personal knowledge as to the circumstances of the service. 20. Admit the allegations of Paragraph 36. 21. The defendants have insufficient information and belief to admit or deny the allegations of Paragraph 37 and therefore, deny the same and demand strict proof thereof. 22. Upon information and belief, these defendants admit the allegations of Paragraph 38. 23. These defendants have insufficient information to admit or deny the allegations of Paragraph 39 and, therefore, deny the same and demand strict proof thereof. 24. Answering Paragraph 40, these defendants would show that the dispute with Ms. Smith became publicized but would deny that publicity was instigated by the defendants. 3
  4. 4. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 4 of 11 These defendants would admit that a press conference was held in November, 2006. All other allegations are denied. 25. Answering Paragraph 41, these defendants would admit appearance on FOX but deny the appearance was to publicize the contentious dispute with Ms. Smith. 26. Deny Paragraph 42. 27. Answering Paragraph 43, these defendants deny the entry into Horizons was wrongful. 28. Answering Paragraphs 44 and 45, these defendants would admit they were aware of the Injunction but deny the Injunction was enforceable at the time after Ms. Smith's death. 29. Deny Paragraph 46. 30. Admit Paragraphs 47 and 48. 31. Answering Paragraph 49, defendants deny entering without authorization. Further, defendants admit that certain items were taken for safekeeping. Defendants deny all other allegations. 32. Denies Paragraph 50 and 51. 33. Answering Paragraph 52, these defendants would show that they had tacit permission to enter and remove property from the premises. 34. Answering Paragraph 53, defendants would admit to removing some of the personal property listed, but not all of the personal property listed. Defendants deny any wrongdoing in securing the property. 4
  5. 5. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 5 of 11 35. Answering Paragraphs 54, 55 and 56, these defendants would admit to obtaining these items but would deny that such items were taken without authorization. 36. Answering Paragraphs 57, 58 and 59, these defendants do not know if these items were among those secured, but would deny if they were that they were taken without authorization. 37. Answering Paragraphs 60 and 61, these defendants would admit that such items were secured but would deny that such items were taken without authorization. 38. Paragraph 62 is denied. 39. Answering Paragraph 63, these defendants would admit that Shelley secured some items but would deny that he assumed, asserted, and exercised dominion, ownership or control over such items but rather secured them. 40. Deny Paragraph 64. 41. Admit the allegations of Paragraphs 65-69. 42. Deny the allegations of Paragraph 70, 71 and 72. 43. Answering Paragraph 73, these defendants would show that the Clown video was provided only to FOX News. 44. Deny the allegations of Paragraph 74. 45. Deny the allegations of Paragraph 75. 46. Upon information and belief, admit the allegations of Paragraph 76. 47. Deny the allegations of Paragraphs 77, 78 and 79. 48. Admit Paragraph 80. 5
  6. 6. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 6 of 11 49. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 81 through 89 and, therefore, deny the same and demand strict proof thereof. 50. Admit Paragraphs 90 and 91. 51. Answering the allegations of Paragraphs 92-100, these defendants have insufficient information and belief to admit or deny the allegations of these Paragraphs and therefore deny the same and demand strict proof thereof. 52. Admit the allegations of Paragraphs 101 – 107. 53. Answering Paragraphs 108-121, these answering defendants have insufficient information and belief to admit or deny the allegations and therefore deny the same and demand strict proof thereof. 54. Admit Paragraph 122. 55. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 123-131 and therefore deny the same and demand strict proof thereof. 56. Admit Paragraph 132. 57. Deny Paragraphs 133-139. 58. Admit upon information and belief the allegations of Paragraph 141. 59. Admit Paragraphs 142 and 143. 60. Deny the allegations of Paragraphs 144 and 145. 61. These defendants have insufficient information and belief to admit or deny the allegations of Paragraph 146 and therefore deny the same and demand strict proof thereof. 62. Admit Paragraphs 147 and 148. 6
  7. 7. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 7 of 11 63. Answering Paragraph 149, Howard Stern requested return of items. Defendants have insufficient information and belief as to his status and deny the same and demand strict proof thereof. 64. Answering Paragraph 150, these defendants would show that they secured certain items and turned them over to legal authorities within three days which included computers, hard drive, and tapes and miscellaneous papers which constituted the majority of the items secured. Defendants would further show that the items were taken with tacit permission. Defendants deny all other allegations. 65. Admit Paragraphs 151 and 152. 66. These defendants have insufficient information or belief to admit or deny the allegations of Paragraph 153 and, therefore, deny the same and demands strict proof thereof. 67. These defendants have insufficient information or belief to admit or deny the allegations of Paragraph 154 and, therefore, deny the same and demands strict proof thereof. These defendants specifically deny that the items were taken without permission. 68. These defendants have insufficient information or belief to admit or deny the allegations of Paragraph 155 and, therefore, deny the same and demands strict proof thereof. 69. These defendants have insufficient information or belief to admit or deny the allegations of Paragraph 156 and, therefore, deny the same and demand strict proof thereof. 70. Denies Paragraphs 157 and 158. 71. Answering Paragraph 159, these defendants would deny that the items were taken without authorization. Defendants admit that not all items secured were turned over to Horry County. 7
  8. 8. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 8 of 11 72. Answering Paragraph 160, defendants admit that Stern has made numerous demands but these defendants would show that all items have been turned over to either legal authorities, Mr. Birkhead, or the Estate. 73. Admit the allegations of Paragraphs 161 and 162. 74. Answering the allegations of Paragraph 163, Defendants admit some items were given to Mr. Birkhead. All other allegations are denied. 75. Admit Paragraph 164. 76. Answering Paragraph 165, these defendants would show that it delivered various items to Mr. Birkhead but deny the remaining allegations. 77. Answering Paragraph 166, these defendants admit that Shelley did not surrender to Mr. Birkhead all the personal property but would deny that such property was taken without authorization. 78. Denies Paragraph 167. 79. Admits Paragraph 168. 80. Answering Paragraph 169, admit that certain property was turned over to Stern's counsel but denies that such property had been taken without authorization. 81. Answering Paragraph 170, defendants admits that the property turned over to Mr. Stern did not include property that had been turned over to Mr. Birkhead or various legal authorities. Defendants specifically deny that such property was taken without permission. 82. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 171 and 172 and therefore, deny the same and demand strict proof thereof. 8
  9. 9. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 9 of 11 83. Admit Paragraph 173. 84. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 174-177 and therefore, deny the same and demand strict proof thereof. 85. Admit Paragraph 178. 86. These defendants have insufficient information and belief to admit or deny the allegations of Paragraph 179 and therefore, deny the same and demand strict proof thereof. 87. Admit Paragraph 180. 88. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 181 and 182 and therefore, deny the same and demand strict proof thereof. 89. Admit Paragraphs 183 and 184. 90. These defendants have insufficient information and belief to admit or deny the allegations of Paragraphs 185-189 and therefore, deny the same and demand strict proof thereof. 91. Admit Paragraphs 190. 92. These defendants have insufficient information and belief to admit or deny the allegations of Paragraph 191 and therefore, deny the same and demand strict proof thereof. 93. Deny the allegations of Paragraph 192 and 193. 94. Answering Paragraph 194, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 95. Denies Paragraph 195 – 212. 96. Answering Paragraph 213, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 9
  10. 10. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 10 of 11 97. Denies Paragraphs 214-223. 98. Answering Paragraph 224, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 99. Deny Paragraphs 225 and 226. 100. Admit Paragraph 227. 101. The allegations of Paragraph 228 constitute a legal conclusion to which no response is required; to the extent a response is required, the allegations are denied. 102. Deny Paragraphs 229-233. 103. Answering Paragraph 234, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 104. Deny Paragraphs 235-239. 105. Answering Paragraph 240, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 106. Deny Paragraphs 241-247. 107. Answering Paragraph 248, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 108. Deny Paragraphs 249-255. 109. Answering Paragraph 256, these defendants re-allege the foregoing defenses as if repeated herein verbatim. 110. Deny the Paragraphs 257 – 259. 10
  11. 11. 4:08-cv-02753-TLW -TER Date Filed 07/19/10 Entry Number 134 Page 11 of 11 FOR A THIRD DEFENSE 111. Defendants plead the statute of limitations as a defense and bar to this action. WHEREFORE, having fully answered the Complaint of the plaintiff, the defendants prays that the Complaint be dismissed, and for such other and further relief as the Court may deem just and proper. NELSON MULLINS RILEY & SCARBOROUGH LLP By: Susan P. MacDonald Federal Bar No. 984 E-Mail: susan.macdonald@nelsonmullins.com 3751 Robert M. Grissom Parkway / Suite 300 Post Office Box 3939 (29578-3939) Myrtle Beach, SC 29577-3165 (843) 448-3500 Attorneys for Defendants Stancil Shelley a/k/a Ford Shelley and Gina Thompson Shelley Myrtle Beach, South Carolina July 19, 2010 11

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