Doe, XX v. Holy See (State of the Vatican City) et al

Filing 13

ANSWER to 1 Complaint, by Harry Grile, The Redemptorists/New Orleans Vice Province.(Richard, Don)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
JOHN DOE XX

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CIVIL ACTION NO. 3:11-cv-00651
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VS.
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HOLY SEE (State of the Vatican City),
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THE REDEMPTORISTS/NEW ORLEANS
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VICE PROVINCE, VERY REVEREND
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HARRY GRILE, C.Ss.R., HIS
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PREDECESSORS AND SUCCESSORS,
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AS PROVINCIAL SUPERIOR
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JUDGE JAMES J. BRADY
OF THE REDEMPTORISTS/DENVER
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PROVINCE, ROMAN CATHOLIC CHURCH
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OF THE DIOCESE OF BATON ROUGE,
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MOST REVEREND ROBERT W.
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MUENCH, HIS PREDECESSORS AND
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SUCCESSORS, AS BISHOP OF THE
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ROMAN CATHOLIC CHURCH OF THE
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DIOCESE OF BATON ROUGE,
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CHRISTOPHER JOSEPH SPRINGER, AND
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FIREMAN’S FUND INSURANCE COMPANY * MAG. JUDGE CHRISTINE NOLAND
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ANSWER OF THE REDEMPTORIST/NEW ORLEANS VICE PROVINCE,
VERY REV. HARRY GRILE, C.Ss.R. HIS PREDECESSORS AND SUCCESSORS AS
PROVINCIAL SUPERIOR OF THE REDEMPTORISTS/DENVER PROVINCE

NOW INTO COURT come the following Defendants: the Redemptorist/New Orleans Vice
Province, Rev. Harry Grile, C.Ss.R his predecessors and successors, as Provincial Superior of the
Redemptorists/Denver (hereinafter collectively the Redemptorists) who answer the plaintiff’s

original complaint and aver to the Court as follows:
FIRST DEFEENSE
All of the claims made against the Redemptorist do not state a cause of action or a
right of action against the defendants and as such should be dismissed.
SECOND DEFENSE
The Redemptorist Defendants plead prescription and that the allegations which
form the basis of the claims made against the Redemptorist have prescribed as a matter of
law. On the face of the pleadings all claims clearly are prescribed and such prescription acts
as a complete bar to any recovery against the Redemptorist Defendants.
THIRD DEFENSE
This Court acting under the laws of the United States of America does not have
jurisdiction to judge matters of Canon Law of the Roman Catholic Church when
administrative actions of the church are challenged under the canonical laws of the
Catholic Church. Pursuant to the First Amendment of the United States Constitution and
the separation of Church and State thereunder this Court cannot delve into the
administrative decisions made pursuant to Canon Law of the Roman Catholic Church and
that bar is absolute.
FOURTH DEFENSE
Louisiana law, the law which should govern these claim, does not recognize a cause
of action for negligent misrepresentation, breach of fiduciary duty, civil conspiracy, and
exemplary damages. All of these claims together with others will be the subject of the
Motion to Dismiss by the Redemptorist Defendants and act as a complete bar to any

recovery against the Redemptorist Defendants.
FIFTH DEFENSE
Now answering the individual allegations made in the complaint, the Redemptorist
Defendants aver as follows: The Redemptorist Defendants admit the allegations contained
in Articles 1, 4, 7, and 32. All other allegations contained in all the other Articles in the
complaint are denied and the Redemptorist Defendants call for specific proof as to each
Article at trial.
WHEREFORE, the Redemptorist Defendants pray that their answer be deemed
good and sufficient and after due proceedings had there be judgment herein in their favor
dismissing all claims made by the plaintiffs at his cost with prejudice.
Respectfully Submitted,
KINNEY ELLINGHAUSEN RICHARD &
DESHAZO
/s/ Don M. Richard
Don M. Richard, Esquire
Bar Roll No. 11226
1250 Poydras St., Suite 2450
New Orleans, LA 70113
Telephone: [phone]
E-mail: [e-mail]
Attorney for Redemptorists/New Orleans Vice
Province and Fr. Harry Grile on behalf of the Denver
Province of the Redemptorist

CERTIFICATE OF SERVICE
I certify that the foregoing was served electronically on all counsel of record by electronic
filing on the 16th day of January, 2012.
/s/ Don M. Richard