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Paul Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE Ashley Gilpin State Bar Number 029634 LAW OFFICE OF ASHLEY GILPIN 301 8. Convent Tucson, Arizona 85701 (520) 623-1922 Attorneys for Defendants oe wane vn 10 rT 12 1B 14) 15 16 17 18 19 20 21 23 24 25 26 IN THE SUPERIOR COURT OF THE COUNTY OF PIMA IN AND FOR THE STATE OF ARIZONA. JOSHUA PASTNER, No: €20180244 Plaintiff, ANSWER vs. RONALD BELL and JENNIFER PENDLEY, Defendants. Defendants Bell and Pendley answer Plaintiff Pastner’s Complaint as follows: 1. Upon information and belief, Defendants admit the allegations contained in Paragraph 1 of Plaintiff's Complaint. 2. Answering Paragraph 2 of Plaintiff's Complaint, Defendants only admit that Ron Bell is a resident of Oro Valley, Arizona. Defendants deny the remaining allegations. 3. Answering Paragraph 3 of Plaintiff's Complaint, Defendants admit that Jennifer Pendley is aresident of Oro Valley, Arizona, Defendants deny the remaining allegations. 4, Answering Paragraph 4 of Plaintiff's Complaint, Defendants admit the allegations in Paragraph 4 of Plaintiff's Complaint, to the extent the Court can exercise jurisdiction in -1- Pima County, but deny that Defendants acted or failed to act in any way that gives rise to any cause of action against Defendants by Plaintiff 5. Answering Paragraph 5 of Plaintiff's Complaint, Defendants admit that jurisdiction and venue are proper. 6. Answering Paragraph 6 of Plaintiff's Complaint, Defendants deny that they acted or failed to act in any way that gives rise to any cause of action against Defendants by Plaintiff. 7. Answering Paragraph 7 of Plaintiff's Complaint, Defendants deny that they acted or failed to act in any way that gives rise to any cause of action against Defendants by Plaintift, 8. Answering Paragraph 8 of Plaintiff"s Complaint, Defendants only admit the allegation that Ron Bell has criminal convictions. Defendants deny that Bell is a career criminal and deny that he exhibits antisocial and dishonest behavior. Defendants also deny that Plaintiff only recently leamed that Defendant Bell has criminal convictions. 9. Answering Paragraph 9 of Plaintiff's Complaint, Defendants only admit that Bell walked into Plaintiff's office in MeKale Center, which is not accessible to members of the public, Defendants deny that Defendant Bell told Plaintiff that he was suicidal. 10, Answering Paragraph 10 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 10 of Plaintiff’s Complaint and, therefore, deny the same, 11. Answering Paragraph 11 of Plaintiff's Complaint, Defendants admit this allegation. -2- 12. Answering Paragraph 12 of Plaintiff's Complaint, Defendants deny that Plaintiff lost Contact with Defendant Bell. Defendant Bell had contact with Plaintiff while he was in prison and Plaintiff called him in July 2013 after getting out of prison 13. Answering Paragraph 13 of Plaintiff's Complaint, Defendants admit this allegation. 14, Answering Paragraph 14 of Plaintiff's Complaint, Defendants deny that Defendant Bell ‘was released from prison in October 2013, as he was released in July 2013. Defendants deny that Plaintiff was unaware of Defendant Bell’s incarceration as Plaintiff and Defendant Bell had contact while Defendant Bell was incarcerated, and Plaintiff called Defendant Bell when he was released from prison. 15, Answering Paragraph 15 of Plaintiff's Complaint, Defendants admit this allegation. 16. Answering Paragraph 16 of Plaintiff's Complaint, Defendants admit this allegation. 17. Answering Paragraph 17 of Plaintiff's Complaint, Defendants only admit that Plaintiff and Defendant Bell were friends, Defendants deny that Plaintiff and Defendant Bell became friends at this point, as they had been friends prior to Defendant Bell's incarceration. Defendants also deny that Defendant Bell was a stranger to Plaintiff, 18. Answering Paragraph 18 of Plaintiff's Complaint, Defendants only admit that Defendant Bell went to Memphis games in Las Vegas on the alleged dates. Defendants deny that this was merely an act of kindness and compassion as Defendant Bell and Plaintiff had been friends for years 19, Answering Paragraph 19 of Plaintiff's Complaint, Defendants admit this allegation, 20. Answering Paragraph 20 of Plaintiff's Complaint, Defendants admit this allegation. 21. Answering Paragraph 21 of Plaintiff's Complaint, Defendants admit this allegation. eas Som a aw pwn Wn 12 1B 14 15 16 7 18 19 20 2 22 23 24 25 26 22, Answering Paragraph 22 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 22 of Plaintiff's Complaint and, therefore, deny the same, 23. Answering Paragraph 23 of Plaintiff's Complaint, Defendants deny this allegation, 24. Answering Paragraph 24 of Plaintiff's Complaint, Defendants only admit that they traveled to Memphis to attend some basketball games. Defendants did so at the behest of Plaintifi's wife. 25. Answering Paragraph 25 of Plaintiff's Complaint, Defendants admit that this email was sent at the request of Defendant Bell. 26, Answering Paragraph 26 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 26 of Plaintiff's Complaint and, therefore, deny the same, 27. Answering Paragraph 27 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 27 of Plaintiff's Complaint and, therefore, deny the same, 28. Answering Paragraph 28 of Plaintiff's Complaint, Defendants only admit that they made homemade goodie bags. Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the remaining assertions and allegations contained in Paragraph 28 of Plaintiff's Complaint and, therefore, deny the same, Rene aoa 10 i 12 13 14 15 16 17 18 19 20 21 2 23 24 26 29. Answering Paragraph 29 of Plaintiff's Complaint, Defendants deny this allegation, 30. Answering Paragraph 30 of Plaintiff's Complaint, Defendants admit this allegation. 31. Answering Paragraph 31 of Plaintiff's Complaint, Defendants admit this allegation. 32, Answering Paragraph 32 of Plaintiffs Complaint, Defendants admit this allegation, 33, Answering Paragraph 33 of Plaintiff's Complaint, Defendants admit this allegation. 34. Answering Paragraph 34 of Plaintiff's Complaint, Defendants admit this allegation, 35, Answering Paragraph 35 of Plaintiff's Complaint, Defendants admit this allegation, 36. Answering Paragraph 36 of Plaintiff's Complaint, Defendants admit this allegation, 37. Answering Paragraph 37 of Plaintiff's Complaint, Defendants admit this allegation. 38. Answering Paragraph 38 of Plaintiff’s Complaint, Defendants admit this allegation, 39. Answering Paragraph 39 of Plaintiff's Complaint, Defendants only admit that this email was sent, Defendants deny the truth of the email, that Plaintiff always followed the rules. 40. Answering Paragraph 40 of Plaintiff's Complaint, Defendants only admit that Defendant Pendley admired Plaintiff from 2015 until 2016, after Plaintiff began to sexually harass Defendant Pendley. 41, Answering Paragraph 41 of Plaintiff's Complaint, Defendants admit this allegation, 42. Answering Paragraph 42 of Plaintiff's Complaint, Defendants deny this allegation, 43. Answering Paragraph 43 of Plaintiff's Complaint, Defendants admit this allegation. 44, Answering Paragraph 44 of Plaintif?’s Complaint, Defendants admit this allegation. 45. Answering Paragraph 45 of Plaintiff's Complaint, Defendants admit this allegation. 46. Answering Paragraph 46 of Plaintiff's Complaint, Defendants only admit that Defendant Pendley sent the birthday wishes on Twitter at the request of Defendant Bell, who had not yet learned of the sexual assault, 47. Answering Paragraph 47 of Plaintiff's Complaint, Defendants only admit that Defendant Pendley had been the second biggest supporter of Plaintiff until he sexually assaulted her and began a pattem of sexually harassing her. 48, Answering Paragraph 48 of Plaintiff's Complaint, Defendants deny this allegation. 49. Answering Paragraph 49 of Plaintiff's Complaint, Defendants deny this allegation. 50. Answering Paragraph 50 of Plaintiff's Complaint, Defendants deny this allegation. 51. Answering Paragraph 51 of Plaintiff's Complaint, Defendants deny this allegation. 52. Answering Paragraph 52 of Plaintiff's Complaint, Defendants deny this allegation. 53. Answering Paragraph 53 of Plaintiff's Complaint, Defendants only admit that Plaintiff's assistant got upset that she did not receive a t-shirt that Defendant Bell made for Plaintiff and his players and basketball staff for his 40th birthday. Defendants deny the remaining allegations therein, 54, Answering Paragraph 54 of Plaintiff's Complaint, Defendants only admit that Defendant Bell responded to Plaintiff regarding Plaintiff's assistant’s disconcertion with Defendant Bell’s t-shirt. Defendants deny the remaining allegations. 55, Answering Paragraph 55 of Plaintiff's Complaint, Defendants deny this allegation. 56. Answering Paragraph 56 of Plaintiff's Complaint, Defendants only admit that Plaintiff and Defendant Bell interacted on October 2. Defendants deny that this was the first time Plaintiff was learning of NCAA violations. 6s wea ann eon 57. Answering Paragraph 57 of Plaintiff's Complaint, Defendants deny this allegation, 58: Answering Paragraph 58 of Plaintiff's Complaint, Defendants deny this allegation, 59. Answering Paragraph 59 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 10 of Plaintff"s Complaint and, therefore, deny the same. 60. Answering Paragraph 60 of Plaintiff's Complaint, Defendants deny this allegation. 61. Answering Paragraph 61 of Plaintiff's Complaint, Defendants only admit that Deferidant Pendley told Plaintiff that it was hurtful that Plaintiff did not come visit Defendant Bell ‘when Plaintiff was in Tucson, Arizona for the University of Arizona's men’s basketball team celebration of the 20-year anniversary of the team’s national championship team, of which Plaintiff was a member. Defendants deny all remaining allegations therein, 62. Answering Paragraph 62 of PlaintifP's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 62 of Plaintiff's Complaint and, therefore, deny the same, 63. Answering Paragraph 63 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 63 of Plaintiff's Complaint and, therefore, deny the same, 64. Answering Paragraph 64 of Plaintiff"s Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and Siem aw ee ne allegation contained in Paragraph 64 of Plaintiff's Complaint and, therefore, deny the same. 65. Answering Paragraph 65 of Plaintiff's Complaint, Defendants deny this allegation, 66. Answering Paragraph 66 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 66 of Plaintiff's Complaint and, therefore, deny the same. 67. Upon information and belief, Defendants admit the allegations contained in Paragraph 67 of Plaintiff's Complaint, 68. Answering Paragraph 68 of Plaintiff's Complaint, Defendants deny that Plaintiff was not aware of NCAA recruiting violations prior to reporting them to Georgia Tech. 69. Answering Paragraph 69 of Plaintiff's Complaint, Defendants deny this allegation. 70. Answering Paragraph 70 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 66 of Plaintiff's Complaint and, therefore, deny the same, 71. Answering Paragraph 71 of Plaintif?'s Complaint, Defendants deny this allegation, 72. Answering Paragraph 72 of Plaintiff's Complaint, Defendants deny this allegation. 73. Answering Paragraph 73 of Plaintiff's Complaint, Defendants deny this allegation, 74. Answering Paragraph 74 of Plaintiff s Complaint, Defendants deny this allegation, 75. Answering Paragraph 75 of Plaintiff's Complaint, Defendants deny this allegation, 76. Answering Paragraph 76 of Plaintiff's Complaint, Defendants deny this allegation. ogi 77. Answering Paragraph 77 of Plaintiff's Complaint, Defendants deny this allegation, 78. Answering Paragraph 78 of Plaintiff's Complaint, Defendants admit this allegation. 79. Answering Paragraph 79 of Plaintiffs Complaint, Defendants deny this allegation, 80. Answering Paragraph 80 of Plaintiff's Complaint, Defendants only admit that Defendant Bell called into the Gary Parrish show. Defendants deny that al the statements made by Defendant were false and maliciously made with intent to damage Plaintit’s reputation. 81. Answering Paragraph 81 of Plaintiff's Complaint, Defendants only admit that Defendant Bel participated in an interview with WSB-TV in Atlanta. Defendants deny that Defendant Bell slandered Plaintiff as all his statements were true. Defendants deny that his statements were false, 2. Answering Paragraph 82 of Plaintif’s Complaint, Defendants admit this allegation, 83. Answering Paragraph 83 of Plaintiff's Complaint, Defendants admit this allegation, 84. Answering Paragraph 84 of Plaintiff's Complaint, Defendants admit this allegation. 85. Answering Paragraph 85 of Plaintiff's Complaint, Defendants deny this allegation. 86. Answering Paragraph 86 of Plaintiff's Complaint, Defendants deny this allegation, 87, Answering Paragraph 87 of Plaintiff's Complaint, Defendants deny this allegation, 88. Answering Paragraph 88 of Plaintiff's Complaint, Defendants deny this allegation. 589. Answering Paragraph 89 of Plainif?’s Complaint, Defendants deny this allegation, 99. Answering Paragraph 90 of Plaintiff's Complaint, Defendants deny this allegation. 91. Answering Paragraph 91 of Plaintif's Complaint, Defendants deny this allegation. 92. Answering Paragraph 92 of Plaintif's Complaint, Defendants deny this allegation. Oe aon pw 10 u 12 13 14 15 16 17 18 19 20 21 23 24 25 26 95. Answering Paragraph 93 of Plaintiff's Complaint, Defendants admit that Defendant Bell created a Twitter account at the request of Plaintiff's wife, 94. Answering Paragraph 94 of Plaintiff's Complaint, Defendants admit this allegation, 95. Answering Paragraph 95 of Plaintiff's Complaint, Defendants deny this allegation, 96. Answering Paragraph 96 of Plaintiff's Complaint, Defendants deny this allegation. 97. Answering Paragraph 97 of Plaintiff's Complaint, Defendants deny all allegations therein. 98. Answering Paragraph 98 of Plaintiff's Complaint, Defendants deny this allegation. 99. Answering Paragraph 99 of Plaintiff's Complaint, Defendants deny this allegation. 100. Answering Paragraph 100 of Plaintiff's Complaint, Defendants only admit that Defendant Bell never had an Arizona real estate license. Defendant Bell never claimed that he had an Arizona real estate license. 101. Answering Paragraph 101 of Plaintiff's Complaint, Defendants deny this allegation, 102. Answering Paragraph 102 of Plaintif’s Complaint, Defendants admit this allegation. 103, Answering Paragraph 103 of Plaintiff's Complaint, Defendants deny this allegation. 104. Answering Paragraph 104 of Plaintiff's Complaint, Defendants deny this allegation, 105. Answering Paragraph 105 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 105 of Plaintiff's Complaint and, therefore, deny the same, 106. Answering Paragraph 106 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and -10- allegation contained in Paragraph 106 of Plaintiff's Complaint and, therefore, deny the same, 107. Answering Paragraph 107 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness ofthe assertion and allegation contained in Paragraph 107 of Plaintiff’s Complaint and, therefore deny the same, 108. Answering Paragraph 108 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness ofthe assertion and allegation contained in Paragraph 108 of Plaintiff's Complaint and, therefore, deny the same. 109. Answering Paragraph 109 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 109 of Plaintif?'s Complaint and, therefore, deny the same, 110. Answering Paragraph 110 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness ofthe assertion and allegation contained in Paragraph 110 of Plaintiff's Complaint and, therefore, deny the same. 111. Answering Paragraph 111 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 111 of Plaintiff's Complaint and, therefore, deny the same, alll = 112. Answering Paregraph 112 of Plaintiff's Complaint, Defendants deny this allegation. 113. Answering Paragraph 113 of Plaintiff's Complaint, Defendants deny this allegation. 114. Answering Paragraph 114 of Plaintif's Complaint, Defendants deny this allegation, 115. Answering Paragraph 115 of Plaintiff's Complaint, Defendants deny this allegation, 16. Answering Paragraph 116 of Plaintif?'s Complaint, Defendants deny tis allegation. 117. Answering Paragraph 117 of Plaintf?s Complaint, Defendants deny this allegation, 118. Answering Paragraph 118 of Plaintiff's Complaint, Defendants deny this allegation, 119. Answering Paragraph 119 of Plaintif's Complaint, Defendants deny this allegation. 120, Answering Paragraph 120 of Plaintiff's Complaint, Defendants deny this allegation, 121. Answering Paragraph 121 of Plaintif’s Complaint, Defendants admit this allegation, 122, Answering Paragraph 122 of Plaintf?'s Complaint, Defendants admit this allegation, 123, Answering Paragraph 123 of Plaintift’s Complaint, Defendants deny this allegation. 124, Answering Paragraph 124 of Plaintiffs Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 124 of Plaintiff's Complaint and, therefore, deny the same. 125, Answering Paragraph 125 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegetion contained in Paragraph 125 of Plaintiff's Complaint and, therefore, deny the same, 126. Answering Paragraph 126 of Plaintif?'s Complaint, Defendants deny this allegation. -12- ee saws 10 u 12 1B 14 15, 16 7 18 19 20 20 22 23 24 25 26 127, Answering Paragraph 127 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 127 of Plaintiff's Complaint and, therefore, deny the same. 128, Answering Paragraph 128 of Plaintiff's Complaint, Defendants deny that this was the first time that Plaintiff leamed of Defendant Bell’s criminal convictions. 129. Answering Paragraph 129 of Plaintiff's Complaint, Defendants deny this allegation. 130. Answering Paragraph 130 of Plaintiff's Complaint, Defendants deny this allegation, 131, Answering Paragraph 131 of Plaintiff's Complaint, Defendants deny this allegation. 132, Answering Paragraph 132 of Plaintiff's Complaint, Defendants deny this allegation, 133. Answering Paragraph 133 of Plaintiff's Complaint, Defendants deny this allegation. 134. Answering Paragraph 134 of Plaintiff's Complaint, Defendants deny this allegation. 135. Answering Paragraph 135 of Plaintiff’s Complaint, Defendants deny this allegation. 136. Answering Paragraph 136 of Plaintiff's Complaint, Defendants deny this allegation. 137. Answering Paragraph 137 of Plaintiff's Complaint, Defendants deny this allegation. 138. Answering Paragraph 138 of Plaintiff's Complaint, Defendants deny this allegation, 139. Answering Paragraph 139 of Plaintiff's Complaint, Defendants deny this allegation. 140. Answering Paragraph 140 of Plaintiff's Complaint, Defendants deny this allegation. 141. Answering Paragraph 141 of Plaintiff's Complaint, Defendants deny this allegation. 142. Answering Paragraph 142 of Plaintiff's Complaint, Defendants admit this allegation. 143, Answering Paragraph 143 of Plaintiff's Complaint, Defendants deny this allegation, 144, Answering Paragraph 144 of Plaintiff's Complaint, Defendants deny this allegation. #is= 145. Answering Paragraph 145 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 145 of Plaintiff's Complaint and, therefore, deny the same. 146, Answering Paragraph 146 of Plaintiff's Complaint, Defendants deny this allegation. 147. Answering Paragraph 147 of Plaintif’s Complaint, Defendants deny this allegation. 148. Answering Paragraph 148 of Paintif?'s Complaint, Defendants deny this allegation, 149. Answering Paragraph 149 of Plaintiff's Complaint, Defendants deny this allegation. 150. Answering Paragraph 150 of Plaintif?'s Complaint, Defendants deny this allegation, 'S1. Answering Paragraph 151 of Plaintiff's Complaint, Defendants deny this allegation. 152. Answering Paragraph 152 of Plaintiff's Complaint, Defendants deny this allegation. 153. Answering Paragraph 153 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 153 of Plaintiff's Complaint and, therefore, deny the same. 1S4. Answering Paragraph 152 of Plantif?'s Complaint, Defendants admit this allegation. 155. Answering Paragraph 155 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 155 of Plaintiff's Complaint and, therefore, deny the same. 156. Answering Paragraph 156 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and 14. allegation contained in Paragraph 156 of Plaintiffs Complaint and, therefore, deny the same. 157. Answering Paragraph 157 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 157 of Plaintiff's Complaint and, therefore, deny the same. 158. Answering Paragraph 158 of Plaintiff's Complaint, Defendants admit this allegation. 159. Answering Paragraph 159 of Plaintiff's Complaint, Defendants deny this allegation. 160. Answering Paragraph 160 of Plaintif?s Complaint, Defendants admit this allegation, 161. Answering Paragraph 161 of Plaintiff's Complaint, Defendants deny this allegation. 162, Answering Paragraph 162 of Plaintiff's Complaint, Defendants admit this allegation, 163, Answering Paragraph 163 of Plaintiff's Complaint, Defendants deny this allegation, 164. Answering Paragraph 164 of Plaintiff’s Complaint, Defendants deny this allegation, 165. Answering Paragraph 165 of Plaintiff's Complaint, Defendants admit this allegation. 166. Answering Paragraph 166 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 166 of Plaintiff"s Complaint and, therefore, deny the same, 167. Answering Paragraph 167 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 167 of Plaintiff's Complaint and, therefore, deny the same. Sis 168. Answering Paragraph 168 of Plaintiff's Complaint, Defendants deny this allegation, 169. Answering Paragraph 169 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as othe truthfulness of the assertion and allegation contained in Paragraph 169 of Plaintiff's Complaint and, therefore, deny the same. 170. Answering Paragraph 170 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as o the truthfulness of the assertion and allegation contained in Paragraph 170 of Plaintiff's Complaint and, therefore, deny the same, 171. Answering Paragraph 171 of Plaintiff's Complaint, Defendants only admit that Defendant Pendley sent the text based on information provided to her by Plaintiff that he ‘Would contact the Georgia Tech Police Department if Defendant Bell's mother attempted to contact Plaintiff again, 172. Answering Paragraph 172 of Plaintiff's Complaint, Defendants are without sufficient information andéor knowledge to form a belief as to the truthfulness ofthe assertion and allegation contained in Paragraph 172 of Plaintiff's Complaint and, therefore, deny the same. 175. Answering Paragraph 173 of Plaintif’s Complaint, Defendants only admit that Defendant Pendley sent the text to Defendant Bell’s mother. Defendants deny the remaining allegations that the sexual abuse committed by Defendant Bell's mother was false. 174, Answering Paragraph 174 of Plaintif’s Complaint, Defendants deny this allegation, nee Soe aan avn ul 12 13 14. 15 16 17 18, 19 20 2 2 23 24 25 26 175. Answering Paragraph 175 of Plaintiff"s Complaint, Defendants deny this allegation. 176. Answering Paragraph 176 of Plaintiff's Complaint, Defendants deny this allegation, 177, Answering Paragraph 177 of Plaintif’s Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 177 of Plaintiff's Complaint and, therefore, deny the same, 178, Answering Paragraph 178 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 178 of Plaintiff's Complaint and, therefore, deny the same. 179. ° Answering Paragraph 179 of Plaintiff's Complaint, Defendants deny this allegation, 180. Answering Paragraph 180 of Plaintiff's Complaint, Defendants deny this allegation. 181. Answering Paragraph 181 of Plaintiff's Complaint, Defendants deny this allegation. 182. Answering Paragraph 182 of Plaintiff's Complaint, Defendants are without sufficient information and/or knowledge to form a belief as to the truthfulness of the assertion and allegation contained in Paragraph 182 of Plaintiff's Complaint and, therefore, deny the same. 183, Answering Paragraph 183 of Plaintiff's Complaint, Defendants admit this allegation. 184, Answering Paragraph 184 of Plaintiff's Complaint, Defendants deny this allegation. 185. Answering Paragraph 185 of Plaintiff's Complaint, Defendants deny this allegation, 186, Answering Paragraph 186 of Plaintiff's Complaint, Defendants deny this allegation. 187, Answering Paragraph 187 of Plaintiff's Complaint, Defendants deny this allegation. -17- 188, 189, 190. 191. 192, 193, 194, 195, 196, 197. 198. 199, 200. 201. 202. 203. 204, 205. 206. ‘Answering Paragraph 188 of Plaintiff's Complaint, Defendants deny this allegation, ‘Answering Paragraph 189 of Plaintiff's Complaint, Defendants deny this allegation, ‘Answering Paragraph 190 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 191 of Plaintif's Complaint, Defendants deny this allegation, Answering Paragraph 192 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 193 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 194 of Plaintf?'s Complaint, Defendants deny this allegation, Answering Paragraph 195 of Plaintif’s Complaint, Defendants deny this allegation, ‘Answering Paragraph 196 of Plaintiff's Complaint, Defendants deny this allegation, ‘Answering Paragraph 197 of Plaintiff's Complaint, Defendans deny this allegation, Answering Paragraph 198 of Plaintiff's Complaint, Defendants deny this allegation. Answering Paragraph 199 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 200 of Plaintif's Complaint, Defendants deny this allegation, ‘Answering Paragraph 201 of Plaintiff's Complaint, Defendants deny this allegation. ‘Answering Paragraph 202 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 203 of Plaintiff's Complaint, Defendants deny this allegation. Answering Paragraph 204 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 205 of Plaintiff's Complaint, Defendants deny this allegation ‘Answering Paragraph 206 of Plaintiff's Complaint, Defendants deny this allegation. FIRST CAUSE OF ACTION 207, Answering Paragraph 207 of Plaintiff's Complaint, Defendants repeat and reallege cach and every allegation of this Answer is if it were fully set forth herein, 208, 209. 210. 21. 212, 213. 214, 215, 216. 217. 218, 219, Answering Paragraph 208 of Plaintiff's Complaint, Defendants deny this allegation Answering Paragraph 209 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 210 of Plaintif?'s Complaint, Defendants deny this allegation. Answering Paragraph 211 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 212 of Plaintiff's Complaint, Defendants deny this allegation. Answering Paragraph 213 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 214 of Plaintiffs Complaint, Defendants deny this allegation. Answering Paragraph 215 of Plaintif®'s Complaint, Defendants deny this allegation. Answering Paragraph 216 of Plaintiff's Complaint, Defendants deny this allegation. Answering Paragraph 217 of Plaintif?'s Complaint, Defendants deny this allegation. Answering Paragraph 218 of Plaintiff's Complaint, Defendants deny this allegation. SECOND CAUSE OF ACTION Answering Paragraph 219 of Plaintiff's Complaint, Defendants repeat and reallege each and every allegation of this Answer is if it were fully set forth herein. 20. 221. 222, 223, 224, 225. Answering Paragraph 220 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 221 of Plaintiff's Complaint, Defendants deny this allegation. Answering Paragraph 222 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 223 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 224 of Plaintiff's Complaint, Defendants deny this allegation, Answering Paragraph 225 of Plaintiff's Complaint, Defendants deny this allegation. THIRD CAUSEOF ACTION =19- 226. Answering Paragraph 226 of Plaintiff's Complaint, Defendants repeat and reallege cach and every allegation of this Answer is if it were fully set forth herein, 227. Answering Paragraph 227 of Plaintiff's Complaint, Defendants deny ths allegation, 228. Answering Paragraph 228 of Plaintf’s Complaint, Defendants deny ths allegation. 228. Answering Paragraph 229 of Plaintif’s Complaint, Defendants deny this allegation, 230. Answering Paragraph 230 of Plaintif's Complaint, Defendants deny this allegation. ‘OURTH CAUSE OF ACTION 251. Answering Paragraph 231 of Plainif’s Complaint, Defendants repeat and reallege each and every allegation of this Answer is if it were fully set forth herein, 252, Answering Paragraph 232 of Plaintif's Complaint, Defendants deny this allegation, 233. Answering Paragraph 233 of Plaintif?'s Complaint, Defendants deny this allegation, 234. Answering Paragraph 234 of Plaintiff's Complaint, Defendants deny this allegation. FIFTH CAUSE OF ACTION 235. Answering Paragraph 235 of Plaintiff's Complaint, Defendants repeat and reallege cach and every allegation of this Answer is if it were fully set forth herein, 236. Answering Paragraph 236 of PlaintifP's Complaint, Defendants deny this allegation, 237. Answering Paragraph 237 of Plaintif?'s Complaint, Defendants deny this allegation, 238. Answering Paragraph 238 of Plaintiff's Complaint, Defendants deny this allegation. 239. Answering Paragraph 239 of Plaintiff's Complaint, Defendants deny this allegation. 240. Any allegation of Plaintiff's Complaint which is not specifically admitted is denied, 241. As and for affirmative defenses, Defendants: -20- & Affirmatively allege that Plaintiff has failed to state a claim upon which relief can be granted; b. Affirmatively allege that all statements made by Defendants as it pertained to Plaintiff and NCAA recruiting violations were true, and an absolute defense to defamation; © Affirmatively allege that all statements made by Defendants were true and therefore did not constitute extreme and outrageous conduct; 4. Affirmatively allege that Plaintiff did not suffer emotional distress as a result of Defendants’ actions or inactions; © Atthe time of this Answer, Defendants do not know which, if any, additional affirmative defenses may be supported by the facts developed through discovery, Accordingly, Defendants allege, as though set forth herein in haec verba, all affirmative defenses set forth in Rule 8 of the Arizona Rules of Civil Procedure. WHEREFORE, Defendants Bell and Pendley respectfully request that the Court enter its Order dismissing Plaintiff's Complaint with prejudice and its Judgment in thei favor, grant their costs of defense and attomey’s fees pursuant to Ariz. Rev. Stat. § 12-341.01, and Provide such other and future relief as to it seems just and proper. RESPECTFULLY SUBMITTED this 8th day of February, 2018 25 26 Paul Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE Ashley Gilpin State Bar Number 029634 LAW OFFICE OF ASHLEY GILPIN 301 S. Convent Tueson, Arizona 85701 (520) 633-1922 Attorneys for Defendants IN THE SUPERIOR COURT OF THE COUNTY OF PIMA IN AND FOR THE STATE OF ARIZONA JOSHUA PASTNER, No: €20180244 Plaintiff/Counter-Defendant, | vs. COUNTERCLAIM RONALD BELL Defendant, and JENNIFER PENDLEY, Defendant/Counter-Plaintiff. COMES now the Counter-Plaintiff who alleges: INTRODUCTION 1. This counterclaim for damages is based on emotional harm inflicted on Counter: 2. This Court has jurisdiction over this action pursuant to Rule 13 of the Arizona Rules of Civil Procedure. PARTIES 3. Counter-Plaintiff Pendley was, at the time of the incidents alleged, a resident of Oro Valley, Arizona, which is within Pima County. 4. Counter-Defendant Josh Pastner was, at the time of the incidents alleged, the head basketball coach at the University of Memphis and then at Georgia Tech University. 5. The actions in this counterclaim arose out of the initial subject matter of Counter- Defendant's Complaint. si 6 Pendley sues Counter-Defendant in his individual capacity. il 12, 13 14 15 16 7 18 19 20 21 FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION 7. On February 9, 2016, Counter-Plaintiff Pendley and Defendant Bell traveled to Houston to support the University of Memphis (Memphis) men’s basketball team, of which Pastner was the head coach. 8. Memphis was scheduled to play against the University of Houston men’s basketball team on February 10, 2016. 9. Pendley and Bell were staying in the Hilton Americas Hotel in downtown Houston, where the Memphis Tigers men’s basketball team was also resi 10. Pastner entered Pendley and Bell's hotel room to discuss Jason Smith, who was ‘writing the article in the Memphis Commercial Appeal, regarding Bell and Pastner’s friendship. 22 2B 24 25 26 11, Bell, thinking the meeting was over, went into the restroom to use the restroom and take a shower. 12. Pastner did not leave the room, instead remaining in the hotel room alone with Pendley. 13. Pendley was seated at the edge of the bed and Pastner was seated in a chair in the hotel room. 14. Pastner then stood up and walked to position himself directly in front of Pendley, 15. Pastner looked down at Pendley and began stroking her hair, telling her he noticed how she looked at him. 16. Pastner then removed his penis from his pants and began masturbating in front of Pendley, while holding on to her shoulder, 17. At this point, Pendley began to ery and beg Pastner to stop. 18. Pastner then grabbed the back of Pendley’s head and attempted to force her head down, attempting to force Pendley’s mouth onto Pastner's penis, 19. Pendley was resisting, crying and begging Pastner to stop, repeatedly telling him “no” 20. Pastner did not stop. 21, Pastner then continued to masturbate in front of Pendley. 22. Pendley was still crying and yelling for Bell, who was stil in the shower, 23. Pastner ejaculated on Pendley's t-shirt, 24, Pastner then threatened Pendley not to say anything because he was the head coach of Memphis" basketball team, and had been Bell’s friend for over twenty (20) years, whereas Penley had only been dating Bell for less than one (1) year and knew very powerful people who would make 23 Pendley’s life “a living hell” if she ever mentioned, and these powerful people would harm Pendley. 24 9s 25, Pastner then left the room, 26 26. Pendley did not tell Bell about this event, afraid that he would take Pastner’s side over hers due to the threats Pastner made the night prior. 27. The following morning, February 10, 2016, Pendley and Bell did not attend the Memphis’ pre-game shoot around, which was the first and only shoot around that Bell had ever missed, 28. In response to Pendley and Bell's absence at shoot around, Pastner texted Bell ‘inquiring as to where Pendley and Bell were and why they didnot attend shoot around 29. Following Memphis’ game against Houston on February 10, 2016, Bell and Pendley drove to New Orlenas for Memphis game against Tulane University, 30. Pendley did not want to stay atthe team hotel because she did not want to be in the same hotel as Pastner. Bell and Pendley stayed in a separate hotel Metairie, Louisiana, while the team stayed in downtown New Orleans, Louisiana, 31. Lou Strasberg, the travel director for the Memphis men’s basketball team, approached Bell and inquired as to why Bell and Pendley were not staying in the team hotel, as Memphis had paid for Bell and Pendley's room. 32. Strasberg then asked Bel to cancel the reservation at the team hotel so that would ‘Memphis would not have to pay for a room that Bell and Pendley were not using. 33. Afr the game at Tulane in New Orleans, Pendley and Bell drove back to Mi pI 34. From a period beginning February 14, 2016 and ending March 3, 2016, there were seven (11) oecasions on which Pastner sexually harassed Pendley, by grabbing her against her will ‘when she was alone and whispering obscenities and innuendos in her ear. 35. Pastner would repeatedly grab and pinch Pendley’s but, against her will, whenever Pendley was walking in front of him. 36. Pastner would forcibly push Pendley up against a wall and run his hands down her face, touch her breasts and the rest of her body, against her will, before releasing her. 37. Pastner would repeatedly bring up the sexual assault that occurred in Houston and again threaten her to remain silent about that assault, 38. Pendley again, did not tell Bell about these events, still fearing Bell would take Pastner's side, as the two were best fiends. She was fearful Pastner would make good on his threats to have her harmed if she mentioned the sexual battery. 39. Afler March 3, 2016, Bell and Pendley retuned to their home in Oro Valley, AZ and did not travel to visit Pastner until the start of the 2016-17 basketball season, 40. On April 8, 2016, Pastner became the head coach of the men’s basketball team at Georgia Tech University, located in Atlanta, Georgia. 41. On November 11, 2016, Bell and Pendley traveled to Atlanta, Georgia, to watch Georgia Tech’s game against Tennessee Tech University. 42. At this time, Pastner began terrorizing Pendley again, and told her that he had missed seeing her, 43. Pendley repeatedly informed Pastner that this sexual assault and battery needed to stop. ‘4 On November 22, 2016, Bell and Pendley were in Atlanta, Georgia for a Georgia ‘Tech home game against Sam Houston State University, wea aw awn 10 w 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 45. Following a shoot around prior to the game against Sam Houston State University, Bell, Pendley and Pastner were together on the court because the entire team and staff were upstairs beginning the pre-game meal. 46. The three of them left the court to go upstairs to attend the pre-game meal, 47. Bell began walking ahead of Pendley and Pastner. 48. While Pendley and Pastner were walking up the stairs to exit the floor, Pastner again grabbed Pendley’s butt, believing no one was watching, 49. Court security witnessed this action. 50. Once arriving at the top of the stairs, Pastner pushed Pendley up against the stairs, and ran his hand dowm the front of her body, brushing over her breast, and then her vaginal area. $1. Pendley pushed Pastner off her and ran into the bathroom and cried. 52. _ When Pendley exited the bathroom, the member of the security team, noticed that Pendley did not look like her normal self and approached her. 53. The member of the security team told her he had seen what happened and asked if she was ok. 54. On or about November 28, 2016, Bell and Pendley traveled to State College, Pennsylvania, to watch Georgia Tech take on Pennsylvania State University in University Park, Pennsylvania. 55. Georgia Tech was scheduled to play Penn State on November 29, 2016, 56. During this trip, Pastner, did not stop the behavior, and continued to tell Pendley that he had missed seeing her. 57. Pendley again informed Pastner that this conduct needed to stop. Sic esau awn nh 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 58. Pastner also repeatedly grahbed Pendley’s butt when no one was looking, 59. On December 2, 2016, Bell and Pendley traveled to Knoxville, Tennessee, for a game between Georgia Tech and the University of Tennessee, scheduled to occur on December 3, 2016. 60. — While in Knoxville, Bell and Pendley were having dinner with the Georgia Tech men’s basketball team. 61. After the players had left, Pastner sat at the table next to Pendley and Bell. 62. While Bell was up getting food, Pastner ran his hand up and down Pendley’s leg underneath the table. 63. Pastner then ran his hand over Pendley’s vaginal area and threatened not to say anything about the sexual assault that occurred in Houston. 64, On August 10, 2017, prior to informing Bell about the sexual assault and sexual battery that Pastner inflicted on Pendley, she visited her primary care provider in Oro Valley, Arizona, 65. Prior to this visit, Pendley had been suffering nightmares, depression, and anxiety due to the trauma she suffered as a result of Pastner’s sexual assault and sexual battery. 66. Pendley finally got up the courage to discuss the sexual assault with her primary care provider, as she could not contemplate this behavior continuing for a third consecutive season, 67. Her primary care provider suggested she meet with a counselor and a psychiatrist to help her recover from the trauma, 68. Her primary care provider referred her to a psychiatrist. 69. On August 23, 2017, Pendley signed up for an appointment with Tucson Counseling. 70. Pendley received her welcome packet for this provider on August 23, 2017, ~f- 71. On October 2, 2017, when Bell and Pastner’s relationship began to deteriorate, Pendley finally told Bell about the sexual assault and sexual battery. 72, Pendley first sent notice of the sexual battery and assault to Pastner and his attomeys on December 20, 2017, 73. Pendley suffers from pulmonary hypertension. 74, In January, 2018, Pendley had an appointment at Banner University Medical Center with a Pulmonary Hypertension Social Worker as a result of the emotional trauma she suffered as a result of Pastner’s actions and her worsening conditions of pulmonary hypertension due to the 10 il 12 13 14 ‘trauma. 75. This social worker, Lilly Mees, referred Pendley to a women’s groups for victims of sexual assault. 76. Asa direct and proximate result of the above acts of the Pastner, Pendley suffered the 15] following injuries and damages: 16 7 18 19 20 a 22 23 24 25 26 A) Physical, mental and emotional pain and suffering: COUNT ONE: SEXUAL BATTERY 77. Counter-Plaintiff restates and incorporates by reference each and every allegation contained in the foregoing paragraphs, as though fully set forth herein, 78. Counter-Defendant intended to cause offensive sexual contact with Counter-Plaint 79. Counter-Defendant caused offensive sexual contact with Counter-Plaintiff 80. As a direct and proximate result of Counter-Defendants’ actions, Counter-Plaintiff suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and insomnia, COUNT TWO: SEXUAL ASSAULT 51. Counter-Plaintff restates and incorporates by reference each and every allegation Contained in the foregoing paragraphs, as though fully set forth herein, 82. Counter-Defendant intended to cause offensive sexual contact with Counter Plaintiff 83. Counter-Defendant caused Counter-Plaintiff apprehension of an immediate offensive sexual contact, 84. Asa direct and proximate result of Counter-Defendants’ actions, Counter-Plaintiff Suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and insomnia, THREE: INTENTIONAL INFLICTION OF EMOTIO) STRESS 85. Counter-Plaintff restates and incorporates by reference each and every allegation Contained in the foregoing paragraphs, as though fully set forth herein. 86. Counter-Defendant intentionally and recklessly caused Counter-Defendant emotional distress, 87. Counter-Defendant's conduct was extreme and outrageous as he continually sexually assaulted and harassed Counter-Plaintiff, despite her repeated protestations to stop. 88. Counter-Defendant’s conduet was reckless as Counter-Plaintiff repeatedly begged Counter-Defendant to stop this behavior. 89. Counter-Defendant’s conduct caused Counter-Plaintiff to suffer severe emotional distress. 90. Asa direct and proximate result of Counter-Defendants* actions, Counter-Plaintiff suffered loss of physical, mental and emotional pain and suffering, anxiety, depression, and insomnia. CLAIM FOR RELIEF WHEREFORE, the Counter-Plaintff asks that this court grant him the following relief: % Specific damages to include, but not limited to, medical expenses spent by Counter-Plaintiff to receive therapy for the sexual assault and sexual battery committed by Counter-Defendant . General damages against Counter-Defendant in an amount to be determined upon consideration of the evidence; + Punitive damages against Counter-Defendant in an amount to be determined upon consideration of the evidence; 4. Costs of this suit; Granting any and all other relief that the court deem appropriate, JURY TRIAL DEMANDED REPECTFULLY SUBMITTED this 8th day of February, 2018, Attomey for Counter-Plaintit -10-

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