Bradley et al v. Jehovah's Witnesses — Court Documents (2012)
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Court Documents
Bradley et al vs Jehovah's Witnesses
Secrets of Pedophilia in an American Religion
Jehovah’s Witnesses in Crisis
BARBARA ANDERSON
Court Documents
Bradley et al
vs
Jehovah’s Witnesses CONTENTS
CASE # A461675 DISTRICT COURT OF THE STATE OF NEVADA FOR THE COUNTY OF CLARK Filed: 2003
DAWN BRADLEY; AMANDA CIRONE; ANNETTE REED; DONNA WILKES; AND LORI L., Plaintiffs,
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.; JEHOVAH'S WITNESSES NEVADA CIRCUIT; YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC.; WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA; WATCHTOWER ENTERPRISES, INC., WATCHTOWER FOUNDATION, INC.; WATCHTOWER ASSOCIATES, LTD.; KINGDOM SUPPORT SERVICES, INC.; CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES; RELIGIOUS ORDER OF JEHOVAH'S WITNESSES; DANIEL STEVEN FITZWATER; CHARLES KATTNIG. Defendants.
FIRST AMENDED COMPLAINT, Filed 3/20/03 3
ANSWER TO FIRST AMENDED COMPLAINT, Filed 4/24/03 15
DEFENDANT'S RESPONSE TO COMPLAINT, Filed 12/31/03 24
MOTION TO DISMISS, Filed 12/31/03 27
STIPULATION AND ORDER TO DISMISS ACTION, Filed 2/3/05 30
NOTICE OF ENTRY OF ORDER, Filed 2/16/05 33 ACOMP
DOUGLAS M. COHEN, ESQ.
Nevada Bar #1214
JONES VARGAS
Third Floor South
3773 Howard Hughes Parkway
Las Vegas, NV 89109
Telephone: (702) 862-3300
Facsimile: (702) 737-7705
GREGORY S. LOVE, ESQ.
LOVE & NORRIS
314 Main Street, Suite 300
Fort Worth, Texas 76102-7423
Telephone: (817) 335-2800
HARTLEY HAMPTON, ESQ.
FIBICH, HAMPTON, LEEBRON & GARTH
1401 McKinney, Suite 1800
Five Houston Center
Houston, Texas 77010
Telephone: (713) 751-0025
Attorneys for Plaintiffs
FILED
MAR 20 3 59 PM '03
st. louis st. louis since
CLERK
District Court
DAWN BRADLEY, AMANDA CIRONE ANNETTE REED, DONNA WILKES, and LORI L.,
CLARK COUNTY, NEVADA
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.; JEHOVAH'S WITNESSES NEVADA CIRCUIT; YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC.; WATCH TOWER BIBLE AND SOCIETY OF PENNSYLVANIA; WATCHTOWER ENTERPRISES, INC.; WATCHTOWER FOUNDATION, INC.; WATCHTOWER ASSOCIATES, LTD.; KINGDOM SUPPORT SERVICES, INC.; CHRISTIAN CONGREGA TION OF JEHOVAH'S WITNESSES; RELIGIOUS ORDER OF JEHOVAH'S WITNESSES; DANIEL STEVEN FITZWATER and CHARLES KATTNIG,
Defendants.
Case No. A461675
Department No. VII
FIRST AMENDED COMPLAINT Plaintiffs, DAWN BRADLEY, AMANDA CIRONE, ANNETTE REED, DONNA WILKES and LORI L.
complain as follows:
Plaintiff DAWN BRADLEY is a resident of Nevada.
Plaintiff AMANDA CIRONE is a resident of Nevada.
Plaintiff ANNETTE REED is a resident of Nevada.
Plaintiff DONNA WILKES is a resident of Oregon.
Plaintiff LORIL. is a resident of Nevada.
Defendant JEHOVAH'S WITNESSES NEVADA CIRCUIT is a corporation organized and existing under the laws of the State of Nevada. At all material times, the Jehovah's Witnesses Nevada Circuit maintained its offices in Las Vegas, Clark County, Nevada.
Defendant YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC. is a corporation existing under the laws of the State of Nevada. At all material times, the Yerington English Congregation of Jehovah's Witnesses, Inc. maintained its offices and conducted business within the State of Nevada through its agents and servants.
Defendant WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, a corporation organized and existing under the laws of the State of Pennsylvania, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant WATCHTOWER ENTERPRISES, INC., a limited liability company organized and existing under the laws of the State of New York, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant WATCHTOWER FOUNDATION, INC., a corporation organized and existing under the laws of the State of New York has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant WATCHTOWER ASSOCIATES, LTD., a corporation organized and existing under the laws of the State of New York, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant KINGDOM SUPPORT SERVICES, INC., a corporation organized and existing under the laws of the State of New York has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, a corporation organized and existing under the laws of the State of New York, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, a corporation organized and existing under the laws of the State of New York, has conducted business within the State of Nevada through its agents, servants, and its alter egos.
Defendant CHARLES KATTNIG currently resides at 2832 S. Maryland Pkwy, Las Vegas, Clark County, Nevada.
Defendant DANIEL STEVEN FITZWATER currently resides at the Northern Nevada Correctional Center in Carson City, Ormsby County, Nevada.
The Defendant entities are collectively referred to herein as the "WATCHTOWER DEFENDANTS" because each is the alter ego of each other and operate as a single business enterprise.
The WATCHTOWER DEFENDANTS' organization has a hierarchical structure in which the GOVERNING BODY sits at the top of a strict chain of command that extends over each individual and Defendant entity in the organization. These individuals and entities act as agents, servants and alter egos of each other. Authority for any actions by the organization or its members must derive from the GOVERNING BODY.
The GOVERNING BODY is a small group of men who operate out of various entities within the hierarchical structure. At all times material hereto, the WATCHTOWER DEFENDANTS acted as agents and the alter egos of each other. Alternatively, the WATCHTOWER DEFENDANTS were all engaged, at all material times, in a single business enterprise.
All of the Defendants are the agents and servants of each other and are vicariously liable for each other's acts. The WATCHTOWER DEFENDANTS are so organized and controlled and their affairs are so conducted that they are merely one instrumentality or adjuncts to each other and alter egos of each other.
Through its hierarchical structure, the WATCHTOWER DEFENDANTS assume complete responsibility for the development, protection and discipline of its membership, especially the children of members. All male members, whether Elders, Ministerial Servants, Pioneers and/or Publishers, are appointed and empowered by the GOVERNING BODY to carry out this responsibility.
To further their goals, the WATCHTOWER DEFENDANTS authorize male members to develop relationships of trust with women, children and families and to assume the role of counselor and advocate for any problems that might arise, including claims of child abuse. It is the responsibility of the Elders and those higher up in the chain of command, all the way up to the GOVERNING BODY, to decide if abuse has occurred and how it should be handled.
At all material times, the victim and/or accuser has been prohibited from warning others or speaking about the matter to anyone under penalty of discipline by the WATCHTOWER DEFENDANTS. Victim/accusers are not permitted to report suspected abuse to outside authorities or to other Publishers within the organization, despite secular duties regarding the reporting of sexual abuse. Violation of this policy can lead to severe sanctions.
At all material times, the WATCHTOWER DEFENDANTS vested Defendant CHARLES KATTNIG with leadership authority within the WATCHTOWER DEFENDANTS' organization, including the position of Presiding Elder and Overseer appointed to the Defendant YERINGTON CONGREGATION OF JEHOVAH'S WITNESSES.
The WATCHTOWER DEFENDANTS at all times held Defendant CHARLES KATTNIG to be a leader in good standing whose authority was to be obeyed. Consequently, Defendant CHARLES KATTNIG occupied a special relationship of trust and confidence, which he had established as a spiritual leader and counselor to women and children in the congregation.
Beginning in 1966 and continuing until at least 1973, Defendant CHARLES KATTNIG continuously molested his granddaughter, Plaintiff LORI L, and between 1975 and 1978 continuously molested, Plaintiff ANNETTE REED.
Prior to 1966 and continuing thereafter, the WATCHTOWER DEFENDANTS knew and/or should have known that Defendant CHARLES KATTNIG was sexually molesting young girls in the WATCHTOWER DEFENDANTS'S organization, including Plaintiffs LORI L, ANNETTE REED, and others. Notwithstanding, the WATCHTOWER DEFENDANTS failed to notify anyone that Defendant CHARLES KATTNIG was using his position of authority to sexually molest young children. The WATCHTOWER DEFENDANTS further failed to take any steps to inform other Publishers of this fact or otherwise protect the victims and potential victims. In fact, the WATCHTOWER DEFENDANTS actively and fraudulently concealed this information from Plaintiffs and other victims and continued to allow Defendant CHARLES KATTNIG uninhibited access to these victims in his role as Presiding Overseer and Elder with leadership authority over women and children.
From 1974 until the present date, the WATCHTOWER DEFENDANTS vested Defendant DANIEL STEVEN FITZWATER with leadership authority within the WATCHTOWER DEFENDANTS' organization and at all times held him out to be in good standing as a Publisher or leader with higher authority. Consequently, Defendant DANIEL STEVEN FITZWATER occupied a special relationship of trust and confidence, which he had established as a spiritual leader and counselor to women and children in the organization.
Beginning in 1974 and continuing until at least 1983, Defendant DANIEL STEVEN FITZWATER continuously sexually molested his stepdaughter, Plaintiff DAWN BRADLEY, and between 1976 and 1978, he sexually molested Plaintiff DONNA WILKES. The abuse of these Plaintiffs occurred in Nevada and elsewhere.
While vested with the authority of a Publisher within the WATCHTOWER DEFENDANTS' organization and active in the Yerington Congregation between 1978 and 1983, Defendant DANIEL STEVEN FITZWATER continued to sexually molest Plaintiff DAWN BRADLEY in Nevada. He also sexually molested Plaintiffs ANNETTE REED and AMANDA CIRONE in Nevada.
Prior to 1974, the WATCHTOWER DEFENDANTS knew and/or should have known that Defendant DANIEL STEVEN FITZWATER was sexually molesting Plaintiff DAWN BRADLEY and others. Notwithstanding, the WATCHTOWER DEFENDANTS failed to notify anyone that Defendant DANIEL STEVEN FITZWATER was sexually molesting young girls. The WATCHTOWER DEFENDANTS further failed to take any steps to inform other Publishers of this fact or otherwise protect the victims and potential victims. In fact, the WATCHTOWER DEFENDANTS actively and fraudulently concealed this information from Plaintiffs and other victims and continued to allow Defendant DANIEL STEVEN FITZWATER uninhibited and increased access to these victims in his role as male Publisher with leadership authority over women and children, elevating him first, in 1983, to the positions of Ministerial Servant and full-time Pioneer in the WATCHTOWER DEFENDANTS' organization, and ultimately to Elder. Predictably, Defendant DANIEL STEVEN FITZWATER continued to sexually molest numerous young girls during this time period.
Plaintiffs and their parents sought the advice and protection of the Elders and told the Elders of the congregations about the abuses perpetrated by Defendant DANIEL STEVEN FITZWATER and CHARLES KATTNIG. The WATCHTOWER DEFENDANTS assumed the role of advocate and counselor to Plaintiffs and their families.
Pursuant to this role, the WATCHTOWER DEFENDANTS instructed Plaintiffs and their families to keep the abuse matters within the WATCHTOWER DEFENDANTS' organization and not disclose the abuses to any other Publishers or outside authorities. Their protection was to be provided by the WATCHTOWER DEFENDANTS. However, the WATCHTOWER DEFENDANTS not only failed to provide such protection, they aided and abetted the perpetrator and ratified his conduct, in further damage to Plaintiffs.
In the spring of 1997, Defendant DANIEL STEVEN FITZWATER was arrested and charged with two (2) counts of sexual lewdness with a child. In April of 1998, Defendant DANIEL STEVEN FITZWATER was convicted on both counts and sentenced to prison at the Northern Nevada Correctional Center in Carson City, Nevada. Nevertheless, the WATCHTOWER DEFENDANTS continue to promote his status as a Publisher in good standing.
The WATCHTOWER DEFENDANTS directly and vicariously caused foreseeable harm to Plaintiffs by, among other things:
(a) callously aiding, abetting and ratifying the abuse of children by Publishers and Elders.
(b) blaming, humiliating, sanctioning and/or disciplining victims/accusers of sexual abuse instead of the perpetrators.
(c) negligently failing to report such sexual abuse or suspicions of such abuse, including the abuse and/or suspected abuse by Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER, to law enforcement and governmental child welfare agencies and requiring that Publishers not make such reports.
(d) negligently failing to warn Publishers and others of the risk of Defendants CHARLES KATTNIG's and DANIEL STEVEN FITZWATER's abuse after they knew or should have known of Defendants CHARLES KATTNIG's DANIEL STEVEN FITZWATER's propensities to use their positions of leadership to engage in acts of sexual abuse.
(e) negligently failing to train its Elders, volunteers, appointed overseers and other associated individuals to prevent, identify, investigate, respond to or report child abuse.
(f) negligently failing to adopt adequate policies and procedures for the protection of children and other Publishers and/or to implement and comply with such procedures that did exist.
(g) negligently failing to properly investigate matters brought to the WATCH- TOWER DEFENDANTS' attention involving child sexual abuse and/or suspicions of child sexual abuse.
(h) elevating Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER to positions of increased authority over young girls after the WATCHTOWER DEFENDANTS knew or should have known of his propensities to use his position of leadership to engage in acts of sexual abuse and then representing to the organization's membership that Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER were and remain publishers, or higher authority figures, in good standing.
(i) negligently failing to provide child abuse victims and their families with any assistance in coping with the trauma of abuse and preventing Plaintiffs and their families from reporting the abuse to outside authorities and obtaining outside help to deal with the trauma of abuse.
(j) fraudulently concealing from Plaintiffs and their families that Defendants had information that Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER were abusing young children.
(k) negligently failing to undertake a sexual offender evaluation, provide sexual offender treatment and/or obtain psychiatric evaluation and treatment of Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER after they knew or should have known of their propensities to use their positions of leadership to engage in acts of sexual abuse.
(1) negligently failing to properly supervise Defendants CHARLES KATTNIG and DANIEL STEVEN FITZWATER as leaders in the organization or to monitor their activities after they knew or should have known of their propensities to use their positions of leadership to engage in acts of sexual abuse.
The conduct of the WATCHTOWER DEFENDANTS was the result of conscious and outrageous indifference to the health, safety and welfare of Plaintiffs and others so as to constitute aggravating circumstances entitling Plaintiffs to seek damages under the punitive damage laws of the State of Nevada.
SEXUAL BATTERY AND RESPONDEAT SUPERIOR
For several years beginning in 1966, as an agent and alter ego of the WATCHTOWER DEFENDANTS organization, Defendant CHARLES KATTNIG repeatedly inflicted unpermitted, harmful, and offensive sexual battery upon the persons of Plaintiffs LORI LABRANCH and ANNETTE REED. This abuse occurred in Nevada.
For several years beginning in 1974, as an agent and alter ego of the WATCHTOWER DEFENDANTS organization, Defendant DANIEL STEVEN FITZWATER repeatedly inflicted unpermitted, harmful, and offensive sexual battery upon the person of Plaintiffs DAWN BRADLEY, ANNETTE REED, AMANDA CIRONE and DONNA WILKES. Much of the abuse occurred in Nevada. Each of the WATCHTOWER DEFENDANTS was in the chain of command and acted pursuant to the authority granted to them as agents and the alter ego of GOVERNING BODY, utilizing such leadership and authority to carry out and/or aid, abet and ratify the sexual abuse of Plaintiffs. The WATCHTOWER DEFENDANTS are therefore liable for the sexual battery of Plaintiffs under the legal theory of respondeat superior.
NEGLIGENCE AND GROSS NEGLIGENCE
At all material times, the WATCHTOWER DEFENDANTS assumed a duty to protect Plaintiffs from sexual predators within the WATCHTOWER DEFENDANTS' organization and to hire, retain or dismiss, and supervise its agents and alter egos in accordance with that duty.
The WATCHTOWER DEFENDANTS knew or should have known that Plaintiffs were at risk of foreseeable harm by Defendants DANIEL STEVEN FITZWATER and CHARLES KATTNIG, but failed to act to protect them from said harm. The WATCHTOWER DEFENDANTS breached their duty to the great harm of Plaintiffs. The behavior of the WATCHTOWER DEFENDANTS set forth above demonstrated a conscious indifference to the safety and welfare of Plaintiffs. All of the acts and/or omissions by the WATCHTOWER DEFENDANTS either individually or in conjunction with each other, constitute gross negligence.
BREACH OF FIDUCIARY DUTY
The WATCHTOWER DEFENDANTS placed themselves in a position of trust and confidence with Plaintiffs. The relationship between Plaintiffs and the WATCHTOWER DEFENDANTS' organization was fiduciary in nature and imposed on The WATCHTOWER DEFENDANTS a duty to act in Plaintiffs' best interests.
The above acts and/or omissions by the WATCHTOWER DEFENDANTS constitute a breach of the fiduciary duty owed to Plaintiffs by WATCHTOWER DEFENDANTS.
FAILURE TO REPORT SUSPECTED CHILD ABUSE
The WATCHTOWER DEFENDANTS had a duty under Title 38, Section 432B of the Nevada Revised Statutes Annotated and/or the common law to report the abuse or suspected abuse of children. The WATCHTOWER DEFENDANTS failed to report to law enforcement the abusive conduct of Defendants DANIEL STEVEN FITZWATER and CHARLES KATTNIG.
FRAUD AND FRAUDULENT CONCEALMENT
After receiving reports that Defendant DANIEL STEVEN FITZWATER and CHARLES KATTNIG were abusing young girls, the WATCHTOWER DEFENDANTS, with the intent to keep the information from Plaintiffs, other victims similarly situated and the community-at-large, willfully concealed that information. The WATCHTOWER DEFENDANTS further materially misrepresented to Plaintiffs that Defendants DANIEL STEVEN FITZWATER and CHARLES KATTNIG were leaders in good standing with authority to instruct them in spiritual, ethical and moral matters and that they were to be obeyed. The WATCHTOWER DEFENDANTS further materially misrepresented that they would act in Plaintiffs' best interests. The WATCHTOWER DEFENDANTS failed to disclose that they knew of Defendants DANIEL STEVEN FITZWATER's and CHARLES KATTNIG's propensities to use his leadership position to sexually abuse Plaintiffs and others and that the WATCHTOWER DEFENDANTS were doing nothing to protect Plaintiffs. Plaintiffs did not know of the falsity of the WATCHTOWER DEFENDANTS' representations, were entitled to rely upon them and did in fact rely upon them to their serious injury and harm.
RATIFICATION
By their conduct as set forth above, the WATCHTOWER DEFENDANTS ratified Defendant DANIEL STEVEN FITZWATER'S and CHARLES KATTNIG's sexual battery of Plaintiffs and others, subjecting the WATCHTOWER DEFENDANTS to liability for actual and punitive damages.
ALTER EGO AND SINGLE BUSINESS ENTERPRISE
The WATCHTOWER DEFENDANTS are organized and controlled and their affairs are so conducted that they are in fact mere instrumentalities and adjuncts for each other and liable for each other's acts. Alternatively, the WATCHTOWER DEFENDANTS were all engaged, at all material times, in a single business enterprise and liable for each other's acts.
DAMAGES
As a result of Defendants' acts, Plaintiffs have incurred and will continue to incur costs for medical expenses, counseling and psychological treatment, have lost earning capacity and have suffered and will continue to suffer extreme, permanent emotional distress and psychological harm with accompanying physical manifestations, embarrassment, loss of self-esteem, disgrace, humiliation, loss of enjoyment of life, and economic and non-economic damage.
WHEREFORE, Plaintiffs pray for judgment against the Defendants, jointly and severally, as follows:
B. For special damages in excess of $10,000.00;
A. For general damages in excess of $10,000.00;
C. For punitive damages in excess of $10,000.00;
D. For reasonable costs and attorneys; fees; and E.
For such further relief as the Court seems proper.
DATED: March 20, 2003
JONES VARGAS
By DOUGLAS M. COHEN, ESQ.
Nevada Bar No. 001214
3773 Howard Hughes Parkway
Third Floor South
Las Vegas, Nevada 89109
and
LOVE & NORRIS
Gregory S. Love
314 Main Street, Suite 300
Fort Worth, Texas 76102-7423
Telephone: (817) 335-2800
Telecopy: (817) 335-2912
FIBICH, HAMPTON, LEEBRON & GARTH Hartley Hampton, Esq. 1401 McKinney, Suite 1800 Five Houston Center Houston, Texas 77010 Telephone: (713) 751-0025 Telecopy: (713) 751-0030
Attorneys for Plaintiffs Erickson, Thorpe & Swainston, Ltd.
P. O. Box 3559
Reno, NV 89505
(775) 786-3930
ORIGINAL
ANAC
John A. Aberasturi, Esq.
Nevada Bar #1692
ERICKSON, THORPE & SWAINSTON
99 West Arroyo Street
Reno, Nevada 89509
Telephone: (775) 786-3930
Facsimile: (775) 786-4160
FILED
Attorneys for Defendants Watchtower Bible and Tract Society of New York, Inc., Jehovah's Witnesses Nevada Circuit, Yerington English Congregation of Jehovah's Witnesses, Inc., Watch Tower Bible and Tract Society of Pennsylvania, Kingdom Support Services, Inc.,Christian Congregation of Jehovah's Witnesses, and Religious Order of Jehovah's Witnesses
APR 24 11 29 AM '03
Shilley B. Porrogiuseo
DISTRICT COURT
CLARK COUNTY, NEVADA
DAWN BRADLEY; AMANDA CIRONE; ANNETTE REED; DONNA WILKES; and LORI L.,
vs.
Plaintiffs,
FILE
03 AUG 12 AM 10:55
NIKKI A. BRYAN
LYON COUNTY CLERK
DEPUTY
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.; JEHOVAH'S WITNESSES NEVADA CIRCUIT; YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC.; WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA; WATCH-TOWER ENTERPRISES, INC.; WATCHTOWER FOUNDATION, INC.; WATCHTOWER ASSOCIATES, LTD.; KINGDOM SUPPORT SERVICES, INC.; CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES; RELIGIOUS ORDER OF JEHOVAH'S WITNESSES; DANIEL STEVEN FITZWATER; CHARLES KATTNIG,
Defendants.
CASE NO. : A461675
DEPT NO. : VII
ANSWER TO FIRST AMENDED COMPLAINT
COME NOW defendants, WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., JEHOVAH'S WITNESSES NEVADA CIRCUIT, YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC., WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, KINGDOM SUPPORT SERVICES, INC., CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, and RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, by and through their counsel of record, ERICKSON, THORPE & SWAINSTON, LTD.
and JOHN A. ABERASTURI, ESQ., and answering plaintiffs' First Amended Complaint on file herein, admit, deny and aver as follows:
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 6 of plaintiffs' First Amended Complaint.
Defendants admit the allegations contained in Paragraph 7 of plaintiffs' First Amended Complaint.
Defendants admit the allegations contained in Paragraph 8 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 9 of plaintiffs' First Amended Complaint.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 10 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 11 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 12 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 13 of plaintiffs' First Amended Complaint.
Defendants admit the allegations contained in Paragraph 14 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 15 of plaintiffs' First Amended Complaint.
Defendants admit that defendant Daniel Fitzwater is currently incarcerated in a facility operated by the Nevada Department of Prisons, and defendants further deny the existence of an entity identified as "Ormsby County, Nevada", and defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 16 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 17 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 18 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 19 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 20 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 21 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 22 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 23 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 24 of plaintiffs' First Amended Complaint.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 25 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 26 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 27 of plaintiffs' First Amended Complaint.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 28 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 29 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 30 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 31 of plaintiffs' First Amended Complaint.
These answering defendants, and each of them, deny that they or any of them promote Daniel Fitzwater's status as publisher in good standing, and defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 32 of plaintiffs' First Amended Complaint, and therefore deny the same.
Defendants deny each, every and all of the allegations contained in Paragraph 33 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 34 of plaintiffs' First Amended Complaint.
IN RESPONSE TO SEXUAL BATTERY AND RESPONDEAT SUPERIOR
Defendants deny each, every and all of the allegations contained in Paragraph 35 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 36 of plaintiffs' First Amended Complaint.
IN RESPONSE TO NEGLIGENCE AND GROSS NEGLIGENCE
Defendants deny each, every and all of the allegations contained in Paragraph 37 of plaintiffs' First Amended Complaint.
Defendants deny each, every and all of the allegations contained in Paragraph 38 of plaintiffs' First Amended Complaint.
IN RESPONSE TO BREACH OF FIDUCIARY DUTY
Defendants deny each, every and all of the allegations contained in Paragraph 39 of plaintiffs' First Amended Complaint.
IN RESPONSE TO FAILURE TO REPORT SUSPECTED CHILD ABUSE
Defendants deny each, every and all of the allegations contained in Paragraph 40 of plaintiffs' First Amended Complaint.
IN RESPONSE TO FRAUDULENT CONCEALMENT
Defendants deny each, every and all of the allegations contained in Paragraph 41 of plaintiffs' First Amended Complaint.
IN RESPONSE TO RATIFICATION
Defendants deny each, every and all of the allegations contained in Paragraph 42 of plaintiffs' First Amended Complaint.
IN RESPONSE TO ALTER EGO AND SINGLE BUSINESS ENTERPRISE
Defendants deny each, every and all of the allegations contained in Paragraph 43 of plaintiffs' First Amended Complaint.
IN RESPONSE TO DAMAGES
Defendants deny each, every and all of the allegations contained in Paragraph 44 of plaintiffs' First Amended Complaint.
FIRST AFFIRMATIVE DEFENSE
This court has no jurisdiction over defendants WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, KINGDOM SUPPORT SERVICES, INC., and/or RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, as none of these entities, nor any of them conduct business in the State of Nevada or have sufficient minimum contacts with the State of Nevada to support the imposition of the jurisdiction of the courts of the State of Nevada over them, nor have they voluntarily submitted themselves to the jurisdiction of the courts of the State of Nevada or any of them.
SECOND AFFIRMATIVE DEFENSE
Plaintiffs' First Amended Complaint fails to state a claim upon which relief can be granted in favor of plaintiffs or against these defendants, or any of them.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs' First Amended Complaint fails to state a claim upon which relief can be granted in favor of plaintiffs or any of them against defendants CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, and KINGDOM SUPPORT SERVICES, INC., as these entities did not exist at the time of the occurrence of the alleged events of the plaintiffs' First Amended Complaint.
FOURTH AFFIRMATIVE DEFENSE
Defendants are informed and believe and thereupon aver that the injuries and damages sustained by the plaintiffs, if any, were caused by the acts or conduct of third parties who were and are not the agents or employees of these defendants nor acting on behalf of these defendants.
FIFTH AFFIRMATIVE DEFENSE
Defendants are informed and believe and thereupon aver that the injuries and damages sustained by the plaintiffs, if any, were caused by the acts or conduct of third parties who were and are not the agents or employees of these defendants nor acting on behalf of these defendants, or any of them.
SIXTH AFFIRMATIVE DEFENSE
The plaintiffs' First Amended Complaint fails to state a claim for punitive and/or exemplary damages against these defendants or any of them.
SEVENTH AFFIRMATIVE DEFENSE
EIGHTH AFFIRMATIVE DEFENSE
Defendants are informed and believe and thereupon aver that plaintiffs failed to mitigate plaintiffs' losses and damages if any there were.
The injuries and damages suffered by the plaintiffs, and each of them, if any there were, were caused by the superceding intervening conduct of third parties for whom these answering defendants were and are not legally responsible.
NINTH AFFIRMATIVE DEFENSE
The First Amendment of the United States Constitution and the Nevada Constitution preclude the imposition of any liability against these defendants, or any of them, based upon the allegations which have been set forth in the plaintiffs' First Amended Complaint.
TENTH AFFIRMATIVE DEFENSE
The provisions of NRS 432B.220 do not apply to the allegations of the plaintiffs' First Amended Complaint.
ELEVENTH AFFIRMATIVE DEFENSE
The plaintiffs, and each of them, their claims for relief, and each of them, are barred by the applicable statute or statutes of limitations.
TWELFTH AFFIRMATIVE DEFENSE
The plaintiffs, and each of them,their claims for relief,and each of them,are barred by the doctrine of laches.
THIRTEENTH AFFIRMATIVE DEFENSE
Pursuant to the provisions of Rule 11 of the Nevada Rules of Civil Procedure, at the time of the filing of defendants' Answer all possible affirmative defenses may not have been alleged inasmuch as insufficient facts and other relevant information may not have been available after reasonable inquiry, and therefore, defendants reserve the right to amend this Answer to allege additional affirmative defenses if subsequent investigation warrants the same.
WHEREFORE, defendants pray that plaintiffs, and each of them, take nothing by reason of their First Amended Complaint on file herein, that the same be dismissed with prejudice, and that judgment be entered in favor of these answering defendants and against plaintiffs, and each of them, for a reasonable attorney's fee, for costs of suit and for such other and further relief as may be just and proper in the premises.
DATED this 23 day of April, 2003,
ERICKSON, THORPE & SWAINSTON, LTD.
John A. Aberasturi, Esq.
Attorneys for Defendants CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of ERICKSON, THORPE & SWAINSTON, LTD. and that on this day I caused to be served a true and correct copy of the attached document by:
Facsimile Transmission
Personal Service
U. S. Mail
Messenger Service
JONES VARGAS
Douglas M. Cohen, Esq.
addressed to the following:
3773 Howard Hughes Parkway
Third Floor South
Fax: (702) 737-7705
Las Vegas, NV 89109
DATED this 23 day of April, 2003.
Attorneys for Plaintiff
Rouise M. Ligouri
Louise M. Ligouri ORIGINAL
DANIEL STEVEN FITZWATER, NDOC #58445 Northern Nevada Correctional Center P.O. Box 7000 Carson City, Nevada 89702-7000
DISTRICT COURT CLARK COUNTY, NEVADA
DAWN BRADLEY, AMANDA CIRONE ANNETTE REED, DONNA WILKES, and LORI L. Plaintiffs,
WATCHTOWER BIBLE AND TRACT SOCIEY OF NEW YORK, INC.; JEHOVAH'S WITNESSES NEVADA CIRCUIT; YERINGTON ENGLISH CONGRGATION OF JEHOVAH'S WITNESSES, INC.; WATCHTOWER BIBLE AND TRACT SOCIEY OF PENNSYLVANIA; WATCHTOWER ENTERPRISES, INC.; WATCHTOWER FOUNDATION, INC.; WATCHTOWER ASSOCIATES, LTD.; KINGDOM SUPPORT SERVICES, INC.; CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES; RELIGIOUS ORDER OF JEHOVAH'S WITNESSES; DANIE STEVEN FITZWATER; and CHARLES KATTNIG, Defendants.
COMES NOW,Defendant DANIEL STEVEN FITZWATER in proper person, in answer to Plaintiff's Complaint on file herein, admits, denies, and alleges as follows.
Defendant admits that Plaintiffs have made certain accusations against defendant, but denies said allegations.
Defendant admits to being one of Jehovah's Witnesses, but denies that he has been from 1974 until present a leader with "higher authority. (Plaintiff's Complaint No. 27)
Defendant admits being convicted of two (2) counts of sexual lewdness with a child and is now serving his sentence at the Northern Nevada Correctional Center in Carson City, Nevada.
The accusation that Defendant DANIEL STEVEN FITZWATER continually sexually molested and inflicted sexual battery upon, his stepdaughter, DAWN BRADLEY from 1974 to 1983 is DENIED. (No. 28 of Plaintiff's Complaint)
Accusation of sexually molesting, and inflicting sexual battery upon, DONNA WILKES is DENIED. (No. 28 of Plaintiff's Complaint)
Accusation of sexually molesting, and inflicting sexual battery upon, ANNETTE REED and AMANDA CIRONE is DENIED. (No. 29 and 36 of Plaintiff's Complaint)
Accusation of Defendant DANIEL STEVEN FITZWATER that he "continued to sexually molest numerous young girls..." is DENIED. (No. 30 of Plaintiff's Complaint)
Dated this 21ST day of April, 2003
hCawinBaworthAdam
Daniel Steven Fitzwater CERTIFICATE OF SERVICE BY MAIL
I, DANIEL STEVEN FITZWATER, hereby certify pursuant to N.R.C.P. 5(b), that on this 21st day of April ___, 2003, I mailed a true and correct copy of the forgoing DEFENDANT'S RESPONSE TO COMPLAINT, to:
Douglas M. Cohen, Esq. (Attorney for Plaintiffs) 3773 Howard Hughs Parkway, Third Floor South Las Vegas, Nevada 89101
Signed this 2157 day of April, 2003.
David Kleinman 2013
Daniel Steven Fitzwater ORIGINAL
DAWN BRADLEY, AMANDA CIRONE,
ANNETTE REED, DONNA WILKES, and
LORI L.,
Plaintiffs,
vs.
Case No. A461675
Department No. VII
WATCHTOWER BIBLE AND TRACT SOCIEY OF
NEW YORK, INC.; JEHOVAH'S WITNESSES
NEVADA CIRCUIT; YERINGTON ENGLISH
CONGRGATION OF JEHOVAH'S WITNESSES,
INC.; WATCHTOWER BIBLE AND TRACT
SOCIEY OF PENNSYLVANIA; WATCHTOWER
ENTERPRISES, INC.; WATCHTOWER
FOUNDATION, INC.; WATCHTOWER
ASSOCIATES, LTD.; KINGDOM SUPPORT
SERVICES, INC.; CHRISTIAN
CONGREGATION OF JEHOVAH'S WITNESSES;
RELIGIOUS ORDER OF JEHOVAH'S
WITNESSES; DANIE STEVEN FITZWATER;
and CHARLES KATTNIG,
Defendants.
Defendant concededes that section 1(b) of NRS 11.215 continues with ...or discovers or reasonably should have discovered that his injury was caused by the sexual abuse, whichever comes first.
However, this section is moot when considering the complaint as well as evidence on record.
Complaint is vivid in its portrail that Plaintiffs DAWN BRADLEY, ANNETTE REED and DONNA WILKES knew, or should have known of alleged sexual abuse prior to their 18th birthdates.
(a) In reference to the WATCHTOWER DEFENDANTS, complaint takes issue that defendants should have known that Defendant DANIEL STEVEN FITZWATER was (allegedly) sexually molesting Plaintiff DAWN BRADLEY and others prior to 1974. (Plaintiff's Complaint No.30) This would have necessitated the Plaintiffs to be under 18 years of age.
(b) Complaint also states that Plaintiffs and their parents sought the advice and protection of the Elders and told the Elders of the congrations about the (alleged) abuses. (Plaintiff's Complaint No. 31) This again would necessitate that knowledge of the (alleged) sexual abuse would be prior to the Plaintiffs being under the age of 18.
Plaintiff DAWN BRADLEY has, in addition, made it a part of court records that she had knowledge of the (alleged) sexual abuse prior to her 18th birthdate.
Dated this 21st day of April, 2003
Daniel Steven Fitzwater CERTIFICATE OF SERVICE BY MAIL
I, DANIEL STEVEN FITZWATER hereby certify pursuant to N.R.C.P. 5(b), that on this 21st day of April , 2003, I mailed a true and correct
copy of the forgoing MOTION TO DISMISS, to:
Douglas M. Cohen, Esq. (Attorney for Plaintiffs) 3773 Howard Hughs Parkway, Third Floor South Las Vegas, Nevada 89101
Signed this 21st day of Apm1, 2003.
in Daniel Brennan
Daniel Steven Fitzwater Case No.
CI15945 Department No. VII
FILE
2005 FEB -3 PM 4:20
NIKKI A. BRYAN
LYON COUNTY CLERK
Sanya Scevine
IN THE THIRD JUDICIAL DISTRICT COURT FOR THE COUNTY OF LYON, NEVADA
DAWN BRADLEY, AMANDA CIRONE ANNETTE REED, DONNA WILKES, and LORI L.
Plaintiffs,
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., JEHOVAH'S WITNESSES NEVADA CIRCUIT, YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC., WATCH TOWER BIBLE AND SOCIETY OF PENNSYLVANIA, WATCHTOWER ENTERPRISES, INC. WATCHTOWER FOUNDATION, INC., WATCHTOWER ASSOCIATES, LTD., KINGDOM SUPPORT SERVICES, INC., CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES, RELIGIOUS ORDER OF JEHOVAH'S WITNESSES, DANIEL STEVEN FITZWATER, and CHARLES KATTNIG
Defendants.
STIPULATION AND ORDER TO DISMISS ACTION
IT IS HEREBY STIPULATED between plaintiffs and defendants, by and through their respective counsel of record, that the above named action be dismissed without prejudice. Defendant Charles Kattnig has not filed an appearance in this action. Defendants, Watchtower Bible and Tract Society of New York, Inc., Jehovah's Witnesses Nevada Circuit, Yerington English Congregation of Jehovah's Witnesses, Inc., Watch Tower Bible and Society of Pennsylvania, Kingdom Support Services, Inc., Christian Congregation of Jehovah's Witnesses, Religious Order of Jehovah's Witnesses have agreed to waive their attorney's fees in exchange for dismissal of this action.
Defendant Daniel Steven Fitzwater, has agreed to waive all fees, including filing fees in exchange for dismissal of this action. Therefore, all parties stipulate to dismiss this action in its entirety.
IT IS SO STIPULATED.
November
Dated: August 30, 2004
NOLEN SAUL BRELSFORD
William L. Brelsford, Esq. (Nevada Bar # 7616)
350 University Avenue Suite, 280
Sacramento, CA 95825
Telephone: (916) 564-9990
In Conjunction With
JONES VARGAS
Clark Vellis, Esq. (Nevada Bar # 5533)
Third Floor South
3773 Howard Hughes Parkway
Las Vegas, NV 89109
Telephone: (702) 862-3300
LOVE & NORRIS
Gregory S. Love, Esq.
314 Main Street, Suite 300
Fort Worth, Texas 76102-7423
Telephone: (817) 335-2800
FIBICH, HAMPTON, LEEBRON & GARTH HARTLEY HAMPTON, ESQ. 1401 McKinney, Suite 1800 Five Houston Center Houston, Texas 77010 Telephone: (713) 751-0025
Attorneys for Dawn Bradley, Amanda Cirone Annette Reed, Donna Wilkes and Lori L.
Dated: August 4, 2004
John A. Aberasturi, Esq. (SBN 1692)
99 West Arroyo Street
Reno, NV 89509
Phone: (775) 786-3930
Attorney for Watchtower Bible and Tract Society of New York, Inc., Jehovah's Witnesses Nevada Circuit, Yerington English Congregation of Jehovah's Witnesses, Inc., Watch Tower Bible and Society of Pennsylvania, Kingdom Support Services, Inc., Christian Congregation of Jehovah's Witnesses, Religious Order of Jehovah's Witnesses
Dated: August___, 2004
DEFENDANT IN PRO PER
Daniel Steven Fitzwater Northern Nevada Correction Center P.O.Box 7000 Carson City, NV 89702-7000
All parties have stipulated to dismissal of this action as required by Rule 41; therefore, this matter is dismissed without prejudice and all parties are to bear their own costs.
IT IS SO ORDERED.
Dated: ___, 2004
David Ackley
Judge of the Third District Court of Nevada County of Lyon ORIGINAL
CASE NO.：CI15945 DEPT NO.：II
FILE
2005 FEB 16 PM 3:11
NIKKI A. BRYAN LYON COUNTY CLERK . Tanya Secrune
IN THE THIRD JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF LYON
Plaintiffs,
DAWN BRADLEY; AMANDA CIRONE; ANNETTE REED; DONNA WILKES; and LORI L.,
vs.
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.;
JEHOVAH'S WITNESSES NEVADA CIRCUIT; YERINGTON ENGLISH CONGREGATION OF JEHOVAH'S WITNESSES, INC.; WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA;
WATCH-TOWER ENTERPRISES, INC.;
WATCHTOWER FOUNDATION, INC.;
WATCHTOWER ASSOCIATES, LTD.;
KINGDOM SUPPORT SERVICES, INC.;
CHRISTIAN CONGREGATION OF
JEHOVAH'S WITNESSES; RELIGIOUS ORDER OF JEHOVAH'S WITNESSES;
DANIEL STEVEN FITZWATER; CHARLES KATTNIG,
Defendants.
NOTICE OF ENTRY OF ORDER
TO: All parties above-named and their counsel of record
COMES NOW defendants Watchtower Bible and Tract Society of New York, Inc., Jehovah's Witnesses Nevada Circuit, Yerington English Congregation of Jehovah's Witnesses, Inc., Watch Tower Bible and Tract Society of Pennsylvania, Kingdom Support Services, Inc., Christian Congregation of Jehovah's Witnesses, and Religious Order of Jehovah's Witnesses, by and through its counsel of record, ERICKSON, THORPE & SWAINSTON, LTD., and hereby notices all counsel of record that the Honorable David A.
Huff entered an Order of Dismissal without Prejudice pursuant to a Stipulation of the parties on February 3,2005. See Exhibit "A" attached hereto.
DATED this 15 day of February,2005.
ERICKSON, THORPE & SWAINSTON, LTD.
Reno, Nevada 89509
John A. Aberasturi, Esq. (Nevada Bar #1692)
Telephone: (775) 786-3930
99 West Arroyo Street
Facsimile: (775) 786-4160
Attorneys for Defendants Watchtower Bible and Tract Society of New York, Inc., Jehovah's Witnesses Nevada Circuit, Yerington English Congregation of Jehovah's Witnesses, Inc., Watch Tower Bible and Tract Society of Pennsylvania, Kingdom Support Services, Inc., Christian Congregation of Jehovah's Witnesses, and Religious Order of Jehovah's Witnesses