UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

HEARTS OF HAITI, INC. and MICHAEL GEILENFELD, Plaintiffs vs. PAUL KENDRICK, Defendant

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Civil No. 2:13-cv-00039-JAW

DEFENSES AND ANSWER DEFENSES First, plaintiffs are public figures. Second, statements allegedly made are matters of public concern. Third, absence of malice. Fourth, truth or lack of falsity. Fifth, conditional privilege. Sixth, interference was justified. Seventh, plaintiffs may have failed to mitigate their damages. Eighth, the statements allegedly made constitute constitutionally protected speech ANSWER Plaintiffs introductory paragraph, to the extent it contains allegations that Defendant defamed the Plaintiffs and otherwise engaged in tortious conduct, is hereby denied. PARTIES 1. complaint. Defendant admits the allegations contained in paragraph 1 of plaintiffs

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2. complaint. 3. complaint.

Defendant admits the allegations contained in paragraph 2 of pla intiffs Defendant admits the allegations contained in paragraph 3 of plaintiffs

JURISDICTION 4. Defendant denies the allegation that the amount in controversy exceeds Seventy-Five Thousand Dollars. Defendant admits the remaining allegations contained in paragraph 4 of plaintiffs complaint. 5. complaint. 6. complaint. Defendant admits the allegations contained in paragraph 5 of plaintiffs Defendant admits the allegations contained in paragraph 6 of plaintiffs

FACTUAL ALLEGATIONS 7 through 46. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraphs 7 through 46 and therefore denies the same. 47. complaint. 48. complaint. Defendant denies the allegations contained in par agraph 47 of plaintiffs Defendant denies the allegations contained in paragraph 48 of plaintiffs

49. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 50. Defendant admits he published the statement to third parties but denies the remaining allegations contained in paragraph 50 of plaintiff s complaint. The statement is incomplete. 51. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 52. complaint. Defendant denies the allegations contained in paragraph 52 of plaintiffs

53. Defendant lacks sufficient information to admit or deny the allegations contained in this paragraph and therefore denies the same.

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54. Defendant admits that paragraph 54 contains an incomplete quotation from a December 16, 2012 email but denies the remaining allegations contained in this paragraph. 55. Defendant admits paragraph 55 contains an incomplete quotation from a December 16, 2012 email but denies the remaining allegations contained in this paragraph. 56. complaint. 57. complaint. Defendant denies the allegations contained in paragraph 56 of plaintiffs Defendant denies the allegations contained in paragraph 57 of plaintiffs

58. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 59. complaint. Defendant denies the allegations contained in paragraph 59 of plaintiffs

60. Defendant admits publishing the statement reproduced in paragraph 60 of the Plaintiffs complaint but denies the remaining allegations contained in this paragraph. The quoted language is incomplete. 61. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 62. Defendant admits making the statement regarding ignoring cries for help from Haitian child abuse victims but denies the remaining allegations contained in paragraph 62 of plaintiffs complaint. 63. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 64. complaint. 65. complaint. Defendant denies the allegations contained in paragraph 64 of plaintiffs Defendant denies the allegation contained in paragraph 64 of the Plaintiffs

66. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph.

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67. Defendant admits that he sent an email containing the statement quoted in this paragraph. The quotation is incomplete. Defendant denies the remaining allegations contained in this paragraph. 68. Defendant admits having published the statement quoted in paragraph 68 of plaintiffs complaint but otherwise denies the remaining allegations of this paragraph. The quoted statement is incomplete. 69. complaint. 70. complaint. Defendant denies the allegations contained in paragraph 69 of plaintiffs Defendant denies the allegations contained in paragraph 70 of the Plaintiffs

71. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 71 and therefore denies the same. 72. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 72 and therefore denies the same. 73. Defendant admits referring to fundraisers during the referenced radio broadcast but denies the remaining allegations contained in paragraphs 73 of plaintiffs complaint. 74. complaint. 75. complaint. 76. complaint. 77. complaint. Defendant denies the allegations contained in paragraph 74 of plaintiffs Defendant denies the allegations contained in paragraph 75 of plaintiffs Defendant denies the allegations contained in paragraph 76 of plaintiffs Defendant denies the allegations contained in paragraph 77 of plaintiffs

78. Defendant admits writing the quoted language contained in paragraph 78 of plaintiffs complaint but otherwise denies the remaining allegations of this paragraph. The quotation is incomplete. 79. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 79 and therefore denies the same. 80. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 80 and therefore denies the same.

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81. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 81 and therefore denies the same. 82. complaint. 83. complaint. 84. complaint. 85. complaint. 86. complaint. Defendant denies the allegations contained in paragraph 82 of plaintiffs Defendant denies the allegations contained in paragraph 83 of plaintiffs Defendant denies the allegations contained in paragraph 84 of plaintiffs Defendant denies the allegations contained in paragraph 85 of plaintiffs Defendant denies the allegations contained in paragraph 86 of plaintiffs

87. Defendant has insufficient knowledge upon which to either admit or deny the allegations contained in paragraph 87 and therefore denies the same. 88. complaint. Defendant denies the allegations contained in paragraph 88 of plaintiffs

COUNT I 89. Defendant repeats and realleges his responses to paragraphs 1 through 88, above, as though set forth in full herein. 90. complaint. 91. complaint. 92. complaint. 93. complaint. 94. complaint. 95. complaint. Defendant denies the allegations contained in paragraph 90 of plaintiffs Defendant denies the allegations contained in paragraph 91 of plaintiffs Defendant denies the allegations contained in paragraph 92 of plaintiffs Defendant denies the allegations contained in paragraph 93 of plaintiffs Defendant denies the allegations contained in paragraph 94 of plaintiffs Defendant denies the allegations contained in paragraph 95 of plaintiffs

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96. complaint.

Defendant denies the allegations contained in paragraph 96 of plaintiffs

WHEREFORE, defendant prays th at Count I of plaintiffs complaint be dismissed and for their costs. COUNT II 97. Defendant repeats and realleges his responses to paragraphs 1 through 96, above, as though set forth in full herein. 98. complaint. 99. complaint. 100. complaint. Defendant denies the allegations contained in paragraph 98 of plaintiffs Defendant denies the allegations contained in paragraph 99 of plaintiffs Defendant denies the allegations contained in paragraph 100 of plaintiffs

WHEREFORE, defendant prays that Count II of plaintiffs complaint be dismissed and for their costs. COUNT III 101. Defendant repeats and realleges his responses to paragraphs 1 through 100, above, as though set forth in full herein. 102. complaint. 103. complaint. 104. complaint. 105. complaint. Defendant denies the allegations contained in paragraph 102 of plaintiffs Defendant denies the allegations contained in paragraph 103 of plaintiffs Defendant denies the allegations contained in paragraph 104 of plaintiffs Defendant denies the allegations contained in paragraph 105 of plaintiffs

WHEREFORE, defendant prays that Count III of plaintiffs complaint be dismissed and for their costs.

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COUNT IV 106. Defendant repeats and realleges his responses to paragraphs 1 through 105, above, as though set forth in full herein. 107. complaint. 108. complaint. Defendant denies the allegations contained in paragraph 107 of plaintiffs Defendant denies the allegations contained in paragraph 108 of plaintiffs

WHEREFORE, defendant prays that Count IV of plaintiffs complaint be dismissed and for their costs. Dated at Bangor, Maine this 8th day of March, 2013.

/s/ David C. King _____________________________ David C. King, Esq. Rudman Winchell Attorneys for Defendant 84 Harlow Street P.O. Box 1401 Bangor, ME 04402-1401 Tel: (207) 947-4501

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CERTIFICATE OF SERVICE I hereby certify that on March 8, 2013, I electronically filed Defenses and Answer with the clerk of Court using the CM/ECF system which will send notification of such filing(s) to the registered participates for this case.

/s/ David C. King _________________________________ David C. King, Esq. Rudman Winchell Attorneys for Defendant 84 Harlow Street P.O. Box 1401 Bangor, ME 04402-1401 Tel: (207) 947-4501

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