MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 291

1 Terry Goddard Attorney General 2 Firm State Bar No. 14000 3 Keely Verstegen 4 Assistant Attorney General State Bar No. 022495 5 State Of Arizona Office Of Attorney General 1275 West Washington 6 Phoenix, Arizona 85007-2997 Tel.: [phone] Fax: [phone] Attorneys for Defendant Leesa Berens Morrison 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No. CV-05-2620-PHX-MHM Judge Mary H. Murgia

BLACK STAR FARMS, L.L.C., JOHN ) 12 NORTON, GARY FRISCH, MICHELLE ) FRISCH, DAVID MONHEIT, AND MELISSA ) 13 MONHEIT, ) 14 ) Plaintiffs, ) 15 vs. ) ) 16 LEESA BERENS MORRISON, in her official ) 17 capacity as Director of the State of Arizona ) Department of Liquor Licenses and Control, ) 18 ) Defendant, ) 19 ) 20 and ) ) 21 ALLIANCE BEVERAGE DISTRIBUTING ) COMPANY, LLC, 22 ) Intervenor-Defendant. ) 23 ) 24 25

DIRECTOR MORRISON'S ANSWER TO SECOND AMENDED COMPLAINT

COMES NOW Defendant Leesa Berens Morrison, Director, and hereby files her

26 answer to Plaintiffs' Second Amended Complaint. This Defendant hereby states and 27 alleges as follows: 28

1 2 1.

INTRODUCTION Paragraph 1 is denied to the extent it purports to state a claim against this

3 answering Defendant. 4 5 6 7 3. 2. JURISDICTION AND VENUE Paragraphs 2 ­ 4 are admitted. PARTIES This answering Defendant has insufficient information in which to admit or

8 deny the allegations contained in Paragraphs 5 ­ 6, and therefore, deny same. 9 4. Paragraphs 7 ­ 8 are admitted. 10 11 5. COMMERCE CLAUSE VIOLATION Based upon information and belief, Defendant admits the allegations in

12 Paragraph 9. 13 6. This answering Defendant has insufficient information in which to admit or 14 deny the allegations contained in Paragraph 10, and therefore, deny same. 15 7. Paragraphs 11 and 12 are admitted, but this Defendant alleges that Arizona 16 law also permits out-of-state wineries producing fewer than 20,000 gallons to take 17 telephone and Internet orders and to ship directly to consumers. 18 8. This answering Defendant has insufficient information in which to admit or 19 deny the allegations contained in Paragraph 13, and therefore, deny same. 20 9. Paragraphs 14 ­ 16 are denied to the extent they purport to state a claim 21 against this answering Defendant. 22 10. This answering Defendant has insufficient information in which to admit or 23 deny the allegations contained in Paragraph 17, and therefore, deny same. 24 11. Paragraph 18 is denied. 25 12. This answering Defendant has insufficient information in which to admit or 26 deny the allegations contained in Paragraph 19, and therefore, deny same. 27 13. This answering Defendant has insufficient information in which to admit or 28 2
DOCSNY.180659.1

1 deny the allegations contained in Paragraphs 20 - 24, and therefore, deny same. 2 3 14. 15. Paragraph 25 is admitted. This answering Defendant has insufficient information in which to admit or

4 deny the allegations contained in Paragraph 26, and therefore, deny same. 5 6 7 8 9 10 11 12 13 14 15 16 17. AFFIRMATIVE DEFENSES As and for a separate and affirmative defense, Defendant alleges the following: a) That Plaintiffs' claim fails to state a claim upon which relief may be granted; b) That Plaintiffs' claims may be barred, in whole or in part, by lack of standing; c) That the statute challenged is constitutional. Defendant reserves all other defenses or issues and any other matter that may 16. Paragraph 27 is denied.

17 constitute an avoidance or affirmative defense, of which Defendant may become aware 18 during discovery in this matter. 19 20 21 22 23 24 25 26 27 28 By: s/ Keely Verstegen 3
DOCSNY.180659.1

WHEREFORE, Defendant requests that this Court: 1. Dismiss Plaintiffs' Complaint and enter judgment on behalf of the

Director; 2. Deny all other relief requested; and 3. For such other relief as Court deems appropriate and just.

Dated this ____ day of October, 2006

1 Keely Verstegen, Esq. Assistant Attorney General 2 State of Arizona Office of Attorney General 1275 West Washington Avenue 3 Phoenix, AZ 85007-2926 4 Attorney for Defendant 5 Leesa Berens Morrison, in her official capacity as Director of the State of Arizona 6 Department of Liquor Licenses and Control 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
DOCSNY.180659.1