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Filed1 2 A pril 2 6Gary F i t z s iD is tr ic t C leD a lla s D is b
NO. DC-12-036S9
Defendants.
§ IN THE DISTRICT COURT OF
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DALLAS COUNTY, TEXAS
PAMELA MARTIN-DUARTE,
Plaintiff,
v .
DENA MILLER and BONNIE BLOSSMAN
MYER,
193RD JUDICIAL DISTRICT
ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE OF DEFENDANT DENA MILLER
Defendant Dena Miller ("Miller") hereby files her Original Answer to the First Amended
Original Petition of Plaintiff Pamela Martin-Duarte ("Duarte") and her Request for Disclosure to
Duarte.
SUMMARY OF THE ANSWER
MILLER DENIES MAKING ANY OF THE STATEMENTS UPON WHICH DUARTE BASES HER
CIVIL ACTION AND DENIES ALL OF DUARTE'S ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED
ORIGINAL PETITION.
Duarte appears on a television reality show called "Big Rich Texas," which films a
number of women and their daughters, all purported to be Dallas socialites and members of an
alleged SOI(c)3 nonprofit organization, The Fashionistas, Inc., as they engage in interactions at
their homes and their Forth Worth, Texas country club. On the show, Duarte has repeatedly
uttered an array of vulgarities: she has called various of her cast mates "a drunk," "a £*%$#!&
liar," "a sociopath," "a con artist," "a piece of s@#!," and "a b*!@S," and claimed one looked
like a "hooker." On film she has claimed the word "c*$!" is a cast mate's nickname, opined
"that b* !@S can't afford to open a paper bag," told cast mates to "£*%$ off' and to "get the
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f*%$ out of my state," and told a male tennis pro, "keep your balls in your pants." She has
thrown numerous temper tantrums on the show, escalating minor disagreements to public
meltdowns, such as when she began yelling "f*%$ off' at a cast mate's housewarming party or
"f*%$ you" at a country club cocktail party. Though she reportedly will not allow producers or
cast members to ask about her husband's occupation, she has expressly undertaken "recon" on
another cast mate and has lashed out at those whom she perceives to have greater financial
resources, class, or beauty than she. Incredibly, after working for two (2) seasons in the above
manner to portray herself across the globe (the show is distributed as far away as South Africa)
as repellant, coarse, jealous, common and just plain mean, Duarte has filed a lawsuit against cast
mate Bonnie Blossman and against Miller, who was originally slated to be on the show, claiming
they have made statements that somehow damaged her reputation. This, despite the fact that
Duarte has been described publicly as "being a mean-spirited, big-mouthed, bullying witch,"
"the biggest two-faced b*!@S," a "jealous liar," "a reptilian b*!@S," a "disgusting b*!@S," a
"villain," a "stripper," a "whore," and the "most tacky and bile person ever to walk the planet."
Even apart from the fact that Miller did not make the statements in issue, Duarte's claims
are barred. In her pursuit of fame, Duarte accepted the offer to go on a reality show and, for
whatever reason, allowed herself to be filmed as she behaved in the aforesaid fashion. In doing
so, Duarte expressly and impliedly consented to allow (indeed, she invited) the public to describe
her in any manner they choose. Common sense must rule the day: Duarte's consent to be on a
reality show, her own intentional and extreme conduct which invites comment and response and
damages her reputation beyond repair, and, upon information and belief, her express release in
written and oral agreements of the very claims she now brings wholly bar the instant lawsuit.
Surely Duarte does not have a cause of action against the housewife in Peoria who calls her a
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"pathological liar" or a "stripper" - in sum, such a discussion and the conduct of which she
complains in the instant case "goes with the territory."
GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Miller denies each and every
allegation in Plaintiffs First Amended Original Petition. Miller respectfully requests that Duarte
be required to prove her claims against Miller by a preponderance of the evidence as is required
by the Constitution and laws of the State of Texas.
DEFENSES, AFFIRMATIVE DEFENSES, AND OTHER RESPONSES
Miller pleads the following defenses, affirmative defenses, and other responses to the
allegations in Plaintiff s First Amended Original Petition:
1. Miller pleads the defense of consent. Duarte's claims are barred because Duarte
has expressly and impliedly consented to the publication of any alleged defamatory statements
through, among other things, various agreements in which Duarte expressly acknowledged that
defamatory statements would be made about her and her actions, including her actions on the Big
Rich Texas show.
2. Miller pleads the defense of settlement and release. Upon information and belief,
Duarte's claims are barred because Duarte has expressly and impliedly released Miller from all
of the claims and causes of action she brings through various agreements into which she has
entered.
3. Miller pleads the defense of truth. Duarte's claims are barred because the
statements complained of and/or the gist of those statements are true and/or substantially true.
Duarte cannot show that any statements made were false.
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4. Miller pleads the defense of absolute and/or qualified privilege. Duarte's claims
are barred because Miller was fully and/or conditionally justified and/or privileged to make the
alleged statements.
5. Miller pleads the defense of justification. Miller was justified in making any
alleged statements or taking any alleged actions.
6. Miller pleads the defense that Duarte is libel and/or slander-proof. Any alleged
defamatory statements regarding Duarte did not cause any injury to Duarte because Duarte had
no reputation to lose. Alternatively, Duarte's reputation had previously been diminished before
any statements were allegedly made by Miller. Duarte cannot show that she suffered any actual
injury as a direct and/or proximate cause and/or as a result of any statement made byMiller.
7. Miller pleads that Duarte cannot show the requisite level of intent and/or
knowledge of alleged falsity required with regard to the statements in issue. Specifically, Duarte
is a public figure for purposes of this lawsuit. In the alternative, Duarte is a limited-purpose
public figure for purposes of this lawsuit.
8. The matters complained of by Duarte were published without actual malice or any
other degree of fault required by the First and Fourteenth Amendments to the United States
Constitution and the laws of the State of Texas.
9. Duarte cannot satisfy her burden of proof in this case to show that any alleged
defamatory statements were statements of fact. Any alleged defamatory statements are
expressions of opinion and/or were statements made in good faith on a subject matter in which
Miller had a common interest with Duarte.
10. Duarte cannot satisfy her burden of proof in this case to show that Miller made
any alleged defamatory statements or that any alleged defamatory statements referred to Duarte.
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11. Duarte cannot satisfy her burden of proof in this case to show that Miller knew or
should have known that any of the alleged statementsmade were false.
12. Duarte cannot satisfy her burden of proof in this case to show that the content of
any statement made by Miller was foreseeably defamatory.
13. Duarte cannot show that she suffered any actual injury because of any statement
made by Miller.
14. Duarte's alleged injuries were the result of Duarte's own acts or omissions or
contributed to Duarte's alleged injuries.
15. Duarte has herself published the allegedly defamatory statements and therefore
has no damages related to such statements.
16. Duarte has failed to mitigate her damages.
PROPORTIONATE RESPONSIBILITY
17. In accordance with Chapter 33 of the Texas Civil Practices and Remedies Code,
and with respect to any damages suffered by any claimant in this litigation, Miller also requests
that the trier of fact determine the percentage of responsibility for: (1) all of the parties in this
litigation, including any parties subsequently joined in this litigation; (2) any settling person; or
(3) any responsible third party.
REQUEST FOR DISCLOSURE
Pursuant to Texas Rule of Civil Procedure 194, Miller requests that Duarte disclose the
information or material described in Rule 194.2within 30 days of service of this request.
PRAYER FOR RELIEF
Miller prays that Duarte take nothing by her suit and that Miller have judgment for costs,
attorney's fees, and such further relief, at law or equity, to which she isjustly entitled.
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Dated: April Z~ , 2012 Respectfully submitted,
~<6\ ' I ' f \ . ~ .
D'Lesli M. Davis
State Bar No. [email protected]
Michael c. SteindorfState Bar No. 19134800
James V. Leito IV
State Bar No. 24054950
Fulbright & Jaworski L.L.P.
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-2784Telephone: (214) 855-8000
Facsimile: (214) 855-8200
Amy Witherite
State Bar No. 00788698
Eberstein &Witherite LLP
3100 Monticello Ave., Ste 500
Dallas, TX 75205-3432
Telephone: (214) 378-6665Facsimile: (214) 378-6670
ATTORNEYS FOR DEFENDANT
DENA MILLER
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