Defendant's Answer To 1st Amended Complaint - ECF 343
Defendant's Answer To 1st Amended Complaint - ECF 343
Defendant's Answer To 1st Amended Complaint - ECF 343
:
-v-
:
Defendants
_______________________________________________________
Matthew Heimbach, Matthew Parrott, Jeff Schoep, Vanguard America, Identity Evropa,
follows:
1. Denied. 1
1
To the extent Nationalist Front (“NF”) took any action at all in Charlottesville it was taken by NF member
organizations. In this Answer those would be TWP, NSM, and Vanguard. If any of those organizations
1
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2. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
to the truth of the allegations in the second sentence of this paragraph, and on
that basis, deny those allegations except that it is denied any Answering
to form a belief as to the truth of the allegations in the third and fourth
sentences of this paragraph, and on that basis, deny those allegations; admit
that Cantwell brought firearms and mace, that Vanguard, NSM, Heimbach,
Parrott, and Schoep, brought shields and flagpoles, that Identity Evropa, and
Damigo, brought signs and flagpoles, and that Ray brought mace, deny any
other allegation in the fifth sentence of this paragraph; are without knowledge
sixth sentence of this paragraph, and on that basis, deny those allegations,
except that Kessler, Cantwell, and Ray admit that persons chanted the listed
phrases or something similar on August 11, 2017; and deny the remaining
paragraph is accurate but deny they are in any way legally responsible for said
makes an admission to an allegation herein it is also admitted by NF. If none of them make an admission it
is also denied by NF. In addition, where a particular Answering Defendant makes an admission or denial it
is admitted or denied by all based solely on the knowledge of that particular answering defendant and to the
limits of said defendants knowledge. Further, the phrase “or ratifying” should be included in each factual
denial whether or not fully typed in as it was occasionally omitted due to a word processing error.
2
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violence occurring; deny the second sentence of this paragraph; admit the listed
quotes in the remainder of the paragraph are accurate or that something similar
was posted to the internet, but deny the remaining allegations in this paragraph.
5. Denied.
6. Denied.
7. Denied.
8. Admitted.
9. Admitted.
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
3
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15. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except Jason Kessler admits he uses or has used
the internet handles listed, was an organizer for Unite the Right, founded Unity
and Security for America, contributed to VDare and Daily Caller, was featured
4
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21. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
New Hampshire, hosts “Radical Agenda” and it’s associated social media, has
made the statements listed or something similar, and was charged with felonies
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that they admit Mr. Fields has been
indicted.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except Vanguard America admits the general
Fields is or ever has been a member; and admits that Fields wore a Vanguard
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they admit Anglin is the publisher of the
5
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Daily Stormer and that said publication posted the poster alleged or something
similar.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they admit the fundraising post alleged or
form a belief as to the truth of the allegations in this paragraph, and on that
Daily Stormer and did so in relation to Unite the Right, is involved with Daily
Stormer DFW book clubs both in Dallas and generally, encouraged persons to
attend the relevant events on Daily Stormer, attended the rally on both August
violence, and admits attending certain meetings but denies any wrongful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except Nathan Damigo admits he was resident of
6
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what Richard Spencer did or didn’t say, and on that basis, deny those
allegations.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they admit Mosley was a planner of Unite
the Right.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except Identity Evropa admits the general
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations deny except Matthew Heimbach admits he was a
leader of TWP and Traditionalist Youth Network, is familiar with Jeff Schoep
and Nationalist Front, made the Hitler statement or something similar, and led
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Matthew Parrott admits the paragraph
is accurate but adverts that his status in the TWP described in this paragraph is
no longer accurate.
7
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33. Admitted except that Answering Defendants are without knowledge or
regarding the Virginia Code in this paragraph, and on that basis, and deny
those allegations and deny as factually inaccurate the allegation that violence
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they deny as factually inaccurate the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jeff Schoep admits this paragraph is
accurate.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jeff Schoep and NSM admit that,
8
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other than legal conclusions and allegations of violence, the description of
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, except that Jeff Schoep and Matthew Heimbach
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they admit they are aware of the
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except they admit they are aware of Mr.
Peinovich’s online business presence and are aware that at least Spencer
form a belief as to the truth of the allegations in this paragraph, and on that
9
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44. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
45. Denied.
46. Denied except that Answering Defendants are aware of the “summer of hate”
47. Answering defendants deny the allegations in this paragraph except they admit
the Lee statue issue was relevant to the decision to rally in Charlottesville.
48. Answering defendants deny the allegations in this paragraph except they admit
the Lee statue issue was relevant to the decision to rally in Charlottesville.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler denies as factually
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler, Nathan Damigo,
Matthew Heimbach, Identity Evropa, Vanguard America, and TWP admit the
description of signs carried and chants verbally made, as distinct from what
51. Denied as factually inaccurate except that Jason Kessler admits the statements
10
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52. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Damigo and Kessler admit that the
paragraph except they admit they are aware that the Daily Stormer published
paragraph except they admit they are aware that the May event has been
referred to as indicated.
paragraph except they admit Jason Kessler applied for a permit and that lawful
paragraph except Jason Kessler admits the “Proud Boys” were invited and the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler admits he witnessed the
form a belief as to the truth of the allegations in this paragraph, and on that
11
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59. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler admits the allegations in
this paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Robert Ray admits the indicated
63. Denied as factually inaccurate except that Answering Defendants admit some
69. Admitted that the internet is used by Answering Defendants and others to
paragraph that they used the internet to conspire to commit any wrongful or
unlawful acts but admit it was used for lawful event planning. Nathan Damigo
12
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and Identity Evropa deny as factually inaccurate the allegation in the last
sentence of this paragraph and deny as factually inaccurate that this was an
71. Answering Defendants state that the Discord site and how it works speak for
itself.
but admit that some lawful event planning did occur on the Discord.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler admits he was a
moderator on relevant Discord channel and that it was invite only and he could
the Discord but Jason Kessler and Nathan Damigo admit lawful event planning
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that they admit there was more than one
13
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77. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler, Nathan Damigo, and
Vanguard America admit that there were private channels on Discord for Rally
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler admits the indicated
79. Denied as factually inaccurate except that Jason Kessler admits lawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Jason Kessler admits those hashtags
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations except that Vanguard America admits it had a
organizers.
form a belief as to the truth of the allegations in this paragraph, and on that
14
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basis, deny those allegations except that they are aware that the listed group
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, but Jason Kessler admits that not
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, but Robert Ray admits Daily
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, but admit they are aware of the
Charlottesville statement and aver that the statement speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver that the Daily Stormer
15
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87. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver that altright.com speaks
for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, but Robert Ray admits he appears
on the referenced video interview and that said video speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
distributed the reference poster and avers that the poster speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, but Robert Ray and Vanguard
16
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admit they created or distributed the referenced poster and aver that the poster
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver that the Daily Stormer
form a belief as to the truth of the allegations in this paragraph, and on that
publications speak for themselves, but Robert Ray admits he posted the
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver the poster speaks for
17
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96. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver publicly released Discord
form a belief as to the truth of the allegations in this paragraph, and on that
conspiracy or the planning of unlawful acts, and aver the publicly available
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate the allegations of
100. Answering Defendants admit this document exists and was circulated,
unlawful acts in this paragraph, and aver that the document speaks for itself.
conspiracy or the planning of unlawful acts in this paragraph and aver that the
18
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103. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
conspiracy or the planning of unlawful acts in this paragraph and aver that the
conspiracy or the planning of unlawful acts in this paragraph and aver that the
conspiracy or the planning of unlawful acts in this paragraph and aver that the
conspiracy or the planning of unlawful acts in this paragraph and aver that the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
19
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109. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
any such posting speaks for itself but Jason Kessler admits he posted the
form a belief as to the truth of the allegations in this paragraph, and on that
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basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
any such posting speaks for itself but Vanguard admits Mr. Rousseau was a
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
any such posting speaks for itself but Vanguard admits Mr. Rousseau was a
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
any such posting speaks for itself, but Vanguard admits Mr. Rousseau was a
member at relevant times and Mr. Ray admits he made the indicted post or
something similar.
21
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117. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
22
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any such posting speaks for itself, but Vanguard admits planning for a
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
any such posting speaks for itself, but Jason Kessler admits to posting the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver the
conspiracy or the planning of unlawful acts in this paragraph and aver that any
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
23
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basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, and aver that any such posting speaks for itself, but Jason Kessler
24
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admits he discussed a possible parking and shuttle plan with Tyrone but denies
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
25
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135. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such posting speaks for itself. Jason Kessler
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such posting speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such voice chat speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
aver that the claim based on this paragraph has been dismissed.
form a belief as to the truth of the allegations in this paragraph, and on that
26
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basis, deny those allegations, and deny as factually inaccurate any allegations
aver that the claim based on this paragraph has been dismissed.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such store signs speak for themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such posting or store signs speak for themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such letters speak for themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, but Jason Kessler, Robert Ray, and Christopher Cantwell admit they
27
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participated in planning and/or were aware of planning and did attend said
torchlight march.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph but Jason Kessler admits the march was not publicized generally but
specifically denies proper government authority was not told about and fully
briefed on said march. It is further admitted Jason Kessler’s rally permit was
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, but Jason Kessler admits there was lawful coordination on Discord
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
28
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basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, aver that Discord call recordings speak for themselves, but Jason
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
accurate.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, and aver that Discord or internet posts speak for themselves, but
similar.
29
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151. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and state the Vice documentary speaks for itself, but Christopher
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
30
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156. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, and Cantwell, Kessler, and Ray deny they issued any unlawful
orders to anybody on August 11 during the torchlight march but admit they
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
annoy UVA students or for any other reason and Cantwell and Ray deny they
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Cantwell, Kessler, and Ray further deny issuing any unlawful
31
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instructions at any time that evening and further deny they carried radios, or
wore earpieces.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph except that Kessler, Cantwell, and Ray admit they heard barking.
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
32
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of conspiracy or the planning, intending, or committing of unlawful acts in this
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march and it speaks for itself but admit that Richard Spencer
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march and it speaks for itself and that Discord posts speak for
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
33
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168. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march and it speaks for itself. Robert Ray admits he made the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march and it speaks for itself. Robert Ray admits he shouted at
something similar.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
34
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basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
pictures of this portion of the march and they speak for themselves. Answering
defendants further aver that any violence was started by the alleged victims not
by the marchers and any Answering Defendant actions thereafter were lawful
except that Mr. Cantwell admits he has pled guilty to two misdemeanors in
connection with this portion of the march but Mr. Cantwell avers his actions
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
35
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basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march and it speaks for itself but admit that Richard Spencer
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and aver that any such video speaks for itself.
36
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178. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
37
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basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, and aver that the internet post speaks for itself.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
38
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basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph except that it is admitted Unite the Right occurred on August 12,
2017.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
event and that it speaks for itself and that statements on the internet or video
speak for themselves. Jason Kessler admits he made the statement attributed to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Answering Defendants aver that internet or video posts speak for
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
39
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themselves. Jason Kessler specifically denies as factually inaccurate the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
themselves.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Answering Defendants aver that Discord logs speak for themselves.
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, and Jason Kessler denies there was any intentional failure to follow
40
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195. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Answering Defendants aver there is video of this rally and said
video speaks for itself and said video fails to verify the alleged statements of
Mr. McAuliffe.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
the park. Vanguard admits a non-member, James Fields, marched with them.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
41
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paragraph except that it is admitted that persons known to Answering
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. TWP admits the description of it’s members and activities in this
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
portion of the march that contains the quoted language but further aver that
none of them expressed said language and that context given in Plaintiffs
202. This paragraph was dismissed and does not require a response. Answering
42
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to the truth of the allegations in this paragraph, and on that basis, deny those
203. The plaintiffs allegation that each and every anonymous internet poster is
to the truth of the allegations in this paragraph, and on that basis, deny those
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
form a belief as to the truth of the allegations in this paragraph, and on that
206. Answering Defendants deny that they knowingly worked in concert with
persons carrying firearms but admit that such were present. Answering
Defendants admit Plaintiff Wispelwey was present and locking arms with his
the allegations in this paragraph, and on that basis, deny those allegations, and
43
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deny as factually inaccurate any allegations of conspiracy or the planning,
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Answering Defendants admit that Wispelwey and the others were
moved out of the way but aver that this occurred only after a Charlottesville
police officer told co-defendant Michael Hill that the police could not do
anything about Wispelwey and others blocking the road and so the marchers
would have to walk through them. Further, it is denied that any Answering
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Answering Defendants further aver that this allegation is not even
44
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210. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, except Matt Parrott admits he made the statements and published
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
45
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214. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph except that Matt Parrott admits he made the statement attributed to
paragraph.
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph except that Robert Ray admits the Daily Stormer published the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
46
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paragraph. Vanguard denies the statement indicated was anything but a joke or
that it had or could have had any effect at the park or was even noticed by any
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
47
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223. Admitted.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, except it is admitted that state of emergency was
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph, except that Robert Ray admits the Daily Stormer published the
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
Park, some persons loaded into vans, and that Cantwell and Ray were
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
48
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paragraph. Robert Ray admits Daily Stormer published the indicated text or
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph and further deny the statements alleged are admissions of any
unlawful conduct except Mr. Parrott admits he did not leave the park
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
49
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paragraph. Jeff Schoep admits his published statements on this event are
accurate.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
50
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236. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
51
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 51 of 82 Pageid#: 3045
of conspiracy or the planning, intending, or committing of unlawful acts in this
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
52
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245. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
53
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 53 of 82 Pageid#: 3047
of conspiracy or the planning, intending, or committing of unlawful acts in this
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
54
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 54 of 82 Pageid#: 3048
254. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
55
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of conspiracy or the planning, intending, or committing of unlawful acts in this
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph. Robert Ray admits the daily Stormer published the indicated
language.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
paragraph.
56
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 56 of 82 Pageid#: 3050
263. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Robert Ray admits the Daily Stormer published this
comment.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
57
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 57 of 82 Pageid#: 3051
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler admits he made tweet in question and later
withdrew with the alleged explanation or one substantially similar. Robert Ray
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Matt Heimbach admits making the comments alleged.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Robert Ray admits the Daily Stormer published this
comment.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Vanguard America admits their server contained such
58
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271. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jeff Schoep admits he made the alleged comments.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
attributed to him.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
59
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basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. It is admitted that Heather Heyer, Lt. H. Jay Cullen, and
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
60
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of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
61
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 61 of 82 Pageid#: 3055
284. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
62
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 62 of 82 Pageid#: 3056
of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
63
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 63 of 82 Pageid#: 3057
293. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler admits he has applied for a permit for
August 2018.
form a belief as to the truth of the allegations in this paragraph, and on that
64
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basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
65
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 65 of 82 Pageid#: 3059
302. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler admits making the indicated comment.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
66
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 66 of 82 Pageid#: 3060
306. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler admits he applied for the alleged permit
but denies anything like the first Unite the Right will occur with or without a
permit.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Mr. Cantwell admits the funding pages that are alleged
67
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310. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Mr. Cantwell admits running his show from Albemarle
County Jail.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Mr. Damigo admits raising funds as alleged at one time.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
actions regarding the Robert E. Lee statue were relevant to the decision to rally
in Charlottesville.
in this paragraph.
68
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314. Answering Defendants deny as factually inaccurate any allegations of
in this paragraph.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Identity Evropa admits McLaren met with Spencer.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
69
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319. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler avers that while Tyrone offered to help
and submitted suggestions neither his assistance nor his plan were ultimately
used.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Jason Kessler admits moderating and organizing lawful
70
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323. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Mr. Cantwell and Mr. ray admit only that the lawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Cantwell, Kessler, and Ray admit that some fundraising
327. Admitted.
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328. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Cantwell, Kessler, and Ray specifically deny this
allegation in each particular except they admit to being at the torch light rally.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
acts in this paragraph. Cantwell denies assaulting any peaceful person but
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
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332. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
73
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337. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
74
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of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
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of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
76
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of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
77
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of conspiracy or the planning, intending, committing or ratifying of unlawful
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
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361. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
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366. Answering Defendants incorporate herein all previous admissions and
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
denials.
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations, and deny as factually inaccurate any allegations
AFFIRMATIVE DEFENSES
disregarded the risk their actions would result in their own personal injury;
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372. Contributory Negligence: in that Plaintiffs actions were partly or wholly
373. Duress: In that Defendants claimed actions were taken in self defense
375. Anything not specifically and explicitly admitted as true in this answer is
denied.
Respectfully Submitted,
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CERTIFICATE OF SERVICE
I hereby certify the above was served via the Court’s ECF system on July 23, 2018
upon:
All parties of record. No party is entitled to or has requested service by other means.
s/ Elmer Woodard
___________________
E. Woodard (VSB 27734)
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