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

Filing 14

ANSWER to 1 Complaint, by Fireman's Fund Insurance Company, Robert W Muench, The Roman Catholic Church of the Diocese of Baton Rouge.(Pfister, C.)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHN DOE XX
VS.
HOLY SEE (State of the Vatican City),
THE REDEMPTORISTS/NEW ORLEANS
VICE PROVINCE, VERY REVEREND HARRY
GRILE, C.S.R., HIS PREDECESSORS AND
SUCCESSORS, AS PROVINCIAL SUPERIOR
OF THE REDEMPTORISTS/DENVER
PROVINCE, ROMAN CATHOLIC CHURCH
OF THE DIOCESE OF BATON ROUGE,
MOST REVEREND ROBERT W.
MUENCH, HIS PREDECESSORS AND
SUCCESSORS, AS BISHOP OF THE
ROMAN CATHOLIC CHURCH OF THE
DIOCESE OF BATON ROUGE,
CHRISTOPHER JOSEPH SPRINGER, AND
FIREMAN’S FUND INSURANCE COMPANY

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C.A. NO. 3:11-cv-00651

ANSWER ON BEHALF OF ROMAN CATHOLIC CHURCH OF THE
DIOCESE OF BATON ROUGE, MOST REVEREND ROBERT W. MUENCH,
HIS PREDECESSORS AND SUCCESSORS, AS BISHOP OF THE ROMAN
CATHOLIC CHURCH OF THE DIOCESE OF BATON ROUGE, AND
FIREMAN’S FUND INSURANCE COMPANY
NOW INTO COURT, through undersigned counsel, come Defendants, Roman Catholic
Church of the Diocese of Baton Rouge, Most Reverend Robert W. Muench, his Predecessors and
Successors, as Bishop of the Roman Catholic Church of the Diocese of Baton Rouge, and
Fireman’s Fund Insurance Company, who submit this Answer and Defenses in response to
Plaintiff’s Original Complaint (“Complaint”), as follows:
FIRST DEFENSE
The claims made herein by the Plaintiff do not state a cause of action or a right of action
against the Defendants, Roman Catholic Church of the Diocese of Baton Rouge, Most Reverend
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Robert W. Muench, his Predecessors and Successors, as Bishop of the Roman Catholic Church
of the Diocese of Baton Rouge, and Fireman’s Fund Insurance Company, and should be
dismissed.
SECOND DEFENSE
Defendants, Roman Catholic Church of the Diocese of Baton Rouge, Most Reverend
Robert W. Muench, his Predecessors and Successors, as Bishop of the Roman Catholic Church
of the Diocese of Baton Rouge, and Fireman’s Fund Insurance Company, affirmatively plead
that all of the claims herein are barred by the affirmative defense of prescription.
THIRD DEFENSE
This Court, acting under the laws of the United States of America, does not have the
jurisdiction to adjudicate matters of the Cannon Law of the Roman Catholic Church when
administrative actions of the Church are challenged under canonical law of the Roman 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 the Cannon Law of the Roman Catholic Church and any and all such claims must be
dismissed.
FOURTH DEFENSE
Based upon the allegations made herein, Louisiana law does not recognize a cause of
action for negligent misrepresentation, breach of fiduciary duty, or civil conspiracy. In addition,
based upon the allegations of the Complaint, the applicable Louisiana law does not provide for
the recovery of punitive damages.

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AND NOW FURTHER ANSWERING the allegations of the Complaint, Defendants,
Roman Catholic Church of the Diocese of Baton Rouge, Most Reverend Robert W. Muench, his
Predecessors and Successors, as Bishop of the Roman Catholic Church of the Diocese of Baton
Rouge, and Fireman’s Fund Insurance Company, aver as follows:
1.
Regarding Paragraphs 1-4, Defendants concede, upon information and belief, that
diversity jurisdiction exists between the Plaintiff and Defendants and that venue is proper in the
Middle District of Louisiana. However, as set forth above, this Court lacks jurisdiction over
certain matters as they relate to Cannon Law and the Roman Catholic Church.
2.
Regarding paragraphs 5-12, Defendants, Roman Catholic Church of the Diocese of Baton
Rouge, Most Reverend Robert W. Muench, his Predecessors and Successors, as Bishop of the
Roman Catholic Church of the Diocese of Baton Rouge, and Fireman’s Fund Insurance
Company, admit their status. In all other respects, the allegations of paragraph 5-12 are denied.
3.
Defendants deny the allegations contained in paragraphs 13-114.
WHEREFORE, Defendants, Roman Catholic Church of the Diocese of Baton Rouge,
Most Reverend Robert W. Muench, his Predecessors and Successors, as Bishop of the Roman
Catholic Church of the Diocese of Baton Rouge, and Fireman’s Fund Insurance Company, pray
that the foregoing Answer be filed as prayed for herein and, after due proceedings, the suit of
Plaintiff be dismissed with prejudice at her/his cost.

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Respectfully submitted,
DUPLASS, ZWAIN, BOURGEOIS,
PFISTER & WEINSTOCK
/s/ C. Michael Pfister
___________________________________
C. MICHAEL PFISTER (#14317)
Three Lakeway Center, Suite 2900
3838 N. Causeway Boulevard
Metairie, LA 70002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
V. Charlie Cusimano (#4686)
HEBERT, SPENCER, CUSIMANO & FRY
Old Warden’s House
701 Laurel Street
Baton Rouge, LA 70802-5692
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANTS, ROMAN
CATHOLIC CHURCH OF THE DIOCESE OF
BATON ROUGE, MOST REVEREND
ROBERT W. MUENCH, HIS PREDECESSORS
AND SUCCESSORS, AS BISHOP OF THE
ROMAN CATHOLIC CHURCH OF THE
DIOCESE OF BATON ROUGE, AND
FIREMAN’S FUND INSURANCE COMPANY

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CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of January, 2012, the foregoing was filed
electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be
sent to counsel of record by operation of the court’s electronic filing system.
/s/ C. Michael Pfister
_____________________________
C. MICHAEL PFISTER (#14317)
[e-mail]

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