On December 13, 2018 a
ORIG ANSWER/SPECIAL APPEARANCE
was filed
involving a dispute between
Taylor , Robert,
and
Bmw Of North America Llc,
for DEBT/CONTRACT (GEN LIT )
in the District Court of Travis County.
Preview
11/1/2019 2:33 PM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-007348 D-1-GN-18-007348
Chloe Jimenez
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ROBERT TAYLOR, § IN THE DISTRICT COURT OF
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§
PLAINTIFF, §
§
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vs. § TRAVIS COUNTY, TEXAS
§
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§
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BMW OF NORTH AMERICA, LLC
§
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§
DEFENDANT. § 53RD JUDICIAL DISTRICT
§
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DEFENDANT BMW OF NORTH AMERICA, LLC'S ORIGINAL ANSWER
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TO THE HONORABLE JUDGE OF SAID COURT:
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COMES NOW, BMW OF NORTH AMERICA, LLC (“BMW NA”), Defendant in the
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above-entitled and numbered cause, and files this its Original Answer and would
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respectfully show the Court the following:
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General Denial
1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant
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BMW NA generally denies each and every of Plaintiff’s material allegations contained in
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Plaintiff’s Original Petition, and demands strict proof thereof by preponderance of the
good and credible evidence.
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Affirmative Defenses
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2. Defendant further pleads by way of affirmative defense that Plaintiff’s
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claims against it are subject to a limitation of remedies.
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3. Defendant further pleads by way of affirmative defense that Plaintiff’s
of
claims against it are subject to a disclaimer of warranties.
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4828-4602-6409.1/A3658/394298/110119
4. Defendant further pleads by way of affirmative defense that Plaintiff’s
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claims against it are barred in whole or in part by statute of limitations.
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Jury Demand
5. Defendant BMW NA further states that this is a matter for jury decision
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and respectfully requests a jury trial for this matter.
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WHEREFORE, PREMISES CONSIDERED, Defendant BMW OF NORTH
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AMERICA, LLC prays that upon final hearing Plaintiff take nothing, and that Defendant
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be awarded its costs and such other and further relief to which Defendant may show
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itself to be justly entitled.
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Respectfully submitted,
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/s/ Merritt N. Spencer
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Merritt N. Spencer (SBN 18925100)
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Merritt.Spencer@clarkhillstrasburger.com
CLARK HILL STRASBURGER
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720 Brazos Street, Suite 700
Austin, TX 78701-3250
512.499.3600
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512.499.3660 Fax
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ATTORNEYS FOR DEFENDANT
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BMW OF NORTH AMERICA, LLC
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BMW OF NORTH AMERICA, LLC’S ORIGINAL ANSWER - Page 2 of 3
4828-4602-6409.1/A3658/394298/110119
CERTIFICATE OF SERVICE
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I hereby certify that on this the 1st day of November, 2019, I will electronically file
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the foregoing with the Clerk of Court using the CM/ECF system, which will then send a
notification of such filing to the following:
Pr
G. Brad Riffe briffe@riffelawfirm.com
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THE RIFFE LAW FIRM, P.L.L.C.
2591 Dallas Parkway, Suite 300
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Frisco, Texas 75034
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Attorney for Plaintiff
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/s/ Merritt N. Spencer
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Merritt N. Spencer
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BMW OF NORTH AMERICA, LLC’S ORIGINAL ANSWER - Page 3 of 3
4828-4602-6409.1/A3658/394298/110119
Document Filed Date
November 01, 2019
Case Filing Date
December 13, 2018
Category
DEBT/CONTRACT (GEN LIT )
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11/1/2019 2:33 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-18-007348 D-1-GN-18-007348 Chloe Jimenez e ic ROBERT TAYLOR, § IN THE DISTRICT COURT OF Pr § PLAINTIFF, § § L. vs. § TRAVIS COUNTY, TEXAS § a § lv BMW OF NORTH AMERICA, LLC § Ve § DEFENDANT. § 53RD JUDICIAL DISTRICT § k er DEFENDANT BMW OF NORTH AMERICA, LLC'S ORIGINAL ANSWER Cl TO THE HONORABLE JUDGE OF SAID COURT: ct COMES NOW, BMW OF NORTH AMERICA, LLC (“BMW NA”), Defendant in the tri above-entitled and numbered cause, and files this its Original Answer and would D is respectfully show the Court the following: . Co General Denial 1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant is BMW NA generally denies each and every of Plaintiff’s material allegations contained in av Tr Plaintiff’s Original Petition, and demands strict proof thereof by preponderance of the good and credible evidence. y op Affirmative Defenses c 2. Defendant further pleads by way of affirmative defense that Plaintiff’s l ia claims against it are subject to a limitation of remedies. fic 3. Defendant further pleads by way of affirmative defense that Plaintiff’s of claims against it are subject to a disclaimer of warranties. Un 4828-4602-6409.1/A3658/394298/110119 4. Defendant further pleads by way of affirmative defense that Plaintiff’s e claims against it are barred in whole or in part by statute of limitations. ic Pr Jury Demand 5. Defendant BMW NA further states that this is a matter for jury decision L. and respectfully requests a jury trial for this matter. a lv WHEREFORE, PREMISES CONSIDERED, Defendant BMW OF NORTH Ve AMERICA, LLC prays that upon final hearing Plaintiff take nothing, and that Defendant k er be awarded its costs and such other and further relief to which Defendant may show Cl itself to be justly entitled. ct Respectfully submitted, tri /s/ Merritt N. Spencer is Merritt N. Spencer (SBN 18925100) D Merritt.Spencer@clarkhillstrasburger.com CLARK HILL STRASBURGER . Co 720 Brazos Street, Suite 700 Austin, TX 78701-3250 512.499.3600 is 512.499.3660 Fax av ATTORNEYS FOR DEFENDANT Tr BMW OF NORTH AMERICA, LLC y op c l ia fic of Un BMW OF NORTH AMERICA, LLC’S ORIGINAL ANSWER - Page 2 of 3 4828-4602-6409.1/A3658/394298/110119 CERTIFICATE OF SERVICE e I hereby certify that on this the 1st day of November, 2019, I will electronically file ic the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing to the following: Pr G. Brad Riffe briffe@riffelawfirm.com L. THE RIFFE LAW FIRM, P.L.L.C. 2591 Dallas Parkway, Suite 300 a Frisco, Texas 75034 lv Ve Attorney for Plaintiff k /s/ Merritt N. Spencer er Merritt N. Spencer Cl ct tri D is . Co is av Tr y op c l ia fic of Un BMW OF NORTH AMERICA, LLC’S ORIGINAL ANSWER - Page 3 of 3 4828-4602-6409.1/A3658/394298/110119