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WTNNTE(68048)
COLTNTYCOLTNSEL
2 COUNTY OF ALAMEDA
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J RICHARDS,WATSON& GERSHON
A ProfessionalCorporation
4 SAYREWEAVER (rr69s7)
T. PETERPTERCE (160408)
5 355SouthGrandAvènue,4Óth Floor
Los Angeles,CA 90071
6 Telephone: (213) 626-8484
Facsimile:(213) 626-0078
7
Attorneysfor Defendants,
8 MARY V. KING, et al.
9
UNITED STATESDISTRICT COURT
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NORTHER¡I DISTRICT OF CALIFORNIA
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RUSSELL ALLEN NORDYKE, et al., CaseNo. CV -99-04389-MJJ
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, 9 = Plaintifß, ANS\ryERTO THIRD AMENDEI)
z.= T4 COMPLAINT
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k E MARY V. KING, etal.,
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7¿3. 19 DefendantsMARY V. KING, GAIL STEELE, \ryILMA CHAN, KEITH
4 8. Answering parugraph8, the County admits and alleges that plaintiffs filed
9 11. Answering parugraph11, the County admits and alleges that the Third
( ) 10 Amended Complaint speaksfor itself. Except as expresslyadmitted and allegedherein,
25 to admit or deny the allegations and, basedthereon,denies each and every allegation.
27 to admit or deny the allegations and, basedthereon,denies each and every allegation.
28
6 to admit or deny the allegations and, basedthereon, denieseach and every allegation.
.7
27. Answeringparugraph2T, the County lacks sufficient information or belief
8 to admit or deny the allegations and, basedthereon, denieseach and every allegation.
2l The stateand federal authorities circumscribing the authority of the Board of Supervisors
22 speakfor themselves. Except as expresslyadmitted and alleged herein, the County denies
26 the allegationsin the third sentenceand, basedthereon, denies each and every allegation
27 in that sentence.
4 expresslyadmitted and alleged herein, the County denieseach and every allegation in
) paragraph35.
20 speaksfor itself. Except as expresslyadmitted and alleged herein, the Counfy denieseach
24 paragraph43.
26 sentence. The County lacks sufficient information or belief to admit or deny the
28 the secondsentence.
2 Shows rentedthe fairgrounds for gun showsbetweentwo and four times ayeaÍ, and there
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J may have been one year in which TS Trade Shows rented the fairgrounds five times. The
4 County further admits and allegesthat grossrevenuesto the Alameda County Fair
6 expresslyadmitted and alleged herein, the County denieseach and every allegation in
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paragraph45.
9 to admit or deny the allegations and, basedthereon,denies each and every allegationin
i - ) 10 paragraph46.
22 are used at the County fair. The County further admits and alleges that the referenced
23 Ordinance speaksfor itself. Except as expresslyadmitted and alleged herein, the County
27 to admit or deny the allegations and, basedthereon, denies each and every allegation in
28 parugraph53.
9 paragraph56.
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18 Statesand California constitutions speak for themselves. The County lacks sufficient
27 60. Answeringparugraph 60, the County admits and alleges that the California
23 well as Federalfirearms laws, speak for themselves. The County lacks sufficient
27 to admit or deny the allegations in subpart(a) and, basedthereon, denies each and every
28 allegation in that subpart. The County denieseach and every remaining allegation in
2 62. Answering paragraph62, the County admits and allegesthat its Ordinance
3 spealcsfor itself. The County lacks suff,rcientinformation or belief to admit or deny the
7 to admit or deny the allegationsin subpart (a) and, basedthereon, denies eachandevery
9 parugraph63.
20 allegations and, basedthereon, denies each and every remaining allegation in paragraph
2l 66.
25 parugraph 67.
28 ///
8 parugraph74.
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18 speaksfor itself. Except as expresslyadmitted and alleged herein, the County deniesthe
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26 allegations regarding Mr. Heston, Mr. Kerry, and military ceremonies,and basedthereon,
28 paragraph86.
9 County further admits and allegesthat fireanns possessionis permitted during the
i l 10 Scottish Gamespursuantto the exceptionslisted in Section 9.12.120(9) of the Ordinance
11 Code of the County. The County specifically deniesthat firearms possessionhas ever
z.= t2 been permitted during Outdoor and Sportsmanshows. Except as expresslyadmitted and
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13 alleged herein, the County deniesthe allegationsin paragraph90.
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t4 91. Answeringpaftgfaph 91, the County admits and allegesthat its Ordinance
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15 speaksfor itself. Except as expresslyadmitted and alleged herein, the County deniesthe
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I7 92. Answeringparagraphg2, the County admits and allegesthat its Ordinance
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18 speaksfor itself. Except as expresslyadmiued and alleged herein, the County deniesthe
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24 95. The Third Amended Complaint fails to statea claim upon which relief may
25 be granted
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2L alleged in the Third Amended Complaint, if anythere were, were proximately and
22 actuaLlycausedby the voluntary actions or omissionsof plaintiffs, and not by any actions
23 or omissions of the defendants,and plaintifß are therefore barred from recovering money
24 damagesagainst defendants.
25
7 own fault of the fault of third parties proximately and legally causedand contributedto
9 be reducedproportion ately-
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4 proper.
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DATED:August2,2005 RICHARD E. WINNIE
7 COTINTYCOLINSEL
COUNTY OF AIAMEDA
8
RICHARDS.WATSON& GERSHON
9 A ProfessionalCorporation
SAYRE WEAVER
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i'.i Donald E.J. Kilmer, Jr. Raymond MacKay, Esq.
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Law Offices of Donald Kilmer County of Alameda
1261 Lincoln Avenue, Suite 1l I County Counsel Office
20
San Jose,California 95125-3030 l22l Oak Street, Suite 463
Oakland, California 946 | 2429 6
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22 I declare under penaþ of pe{ury under the laws of the State of California and the
United Statesof America that the above is true and correct.
23
Executedon August2,2005,at Los Angeles,California.
24
25 Svlvia Dickerson
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