ELECTION CONTESTMENT 2015 PRIMARY FORT WAYNE MAYOR

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ELECTION CONTESTMENT
2015 FORT WAYNE MAYOR PRIMARY ELECTION
 Tues.   MAY 5TH, 2015
MYCASE.IN.GOV; ALLEN COUNTY COURT CAUSE #
02C01-1505-MI-500

TIME STAMPED- 2PM; JUNE 8TH, 2015.
received JUNE 9TH; 2PM.
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Carrie Hawk Gutman
ANSWER OF RESPONDENT, ALLEN COUNTY ELECTION BOARD, TO  PETITIONER'S VERIFIED PETITION FOR ELECTION CONTESTMENT
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Comes now Respondent, Allen County Election Board, by Counsel, in answer to Petitioner, David Christopher Roach's Verified Petition for election Contestment, and states as follows:
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Adam M Henry
CAUSE NUMBER:
02C01-1505-MI-000500-
 MYCASE.IN.GOV- go look it up for your selves.

RESPONDENTS ANSWER TO PETITIONER'S VERIFIED PETITIONS FOR ELECTION CONTESTMENT AND AFFIRMATIVE DEFENSES

COMES NOW Respondent, Thomas C. Henry ("Henry"), by counsel, and for his Answer to Petitioner's Verified Petition for Election Contestment ( the "Verified Petition"), states as follows:
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COMES NOW, the Plaintiff, David Christopher Roach,
being first duly sworn upon his oath, files his VERIFIED PETITION FOR ELECTION CONTESTMENT,  AND  states as follows:
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DCR:
1. David Christopher Roach, Petitioner, is an adult male, resident of fort Wayne, allen county, Indiana and Democratic candidate for Fort Wayne Mayor
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AMH/TCH
1.   That the Material allegations contained in Paragraph 1 of Petitioner's Verified Petition do not address themselves to Henry; and therefore, Henry makes no responses thereto. To the extent that any of the material allegations contained in Paragraph 1 of the Petitioner's  Verified Petition do address themselves to Henry, he denies same.
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ACEB/CHG
1. Respondent, Allen County Election Board, admits the allegations contained in rhetorical paragraph 1.

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DCR:
2. Tom Cook, respondent, is an adult male, resident of Fort Wayne, allen County, Indiana and democratic candidate for Fort Wayne Mayor

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AMH/TCH
2.   That the material allegations contained in Paragraph 2 of the Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 2 of Petitioner's Verified Petition do address themselves to Henry, He denies same.
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ACEB/CHG
2.  Respondent, Allen County Election Board, admits the allegations contained in rhetorical paragraph 2.
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DCR:
3. Thomas C Henry, Respondent , is an adult male, resident of Fort Wayne, Allen County, Indiana, and democratic candidate for Fort Wayne Mayor
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AMH/TCH
3.     Henry admits he is an adult male, that he is a resident of the City of Fort Wayne, County of Allen, state of Indiana; and that he is a Democratic candidate for the office of the Mayor of the City of Fort Wayne
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ACEB/CHG
3. Respondent, Allen County Election Board, admits the allegations contained in rhetorical paragraph 3.
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DCR:
4. Richard (Rick) Stevenson, Respondent, is an adult male, resident of fort Wayne, Allen county, Indiana and democratic candidate for Fort Wayne Mayor
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4.     That the material allegations contained in Paragraph 4 of Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 4 of Petitioner's  Verified Petition do address themselves to Henry, he denies same.
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ACEB/CHG
4. Respondent, Allen County Election Board, admits that Richard ( Rick) Stevenson, respondent, is an adult male, resident of Fort Wayne, Allen County , Indiana, and Democratic candidate for Fort Wayne mayor. Respondent,  Allen county election Board, denies all remaining allegations in rhetorical paragraph 4.

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DCR:
 5.    The Allen County Board of Elections, One East Main Street, Fort Wayne, Indiana 46802  was the government entity who provided, operated, and authorized the election process of the Fort Wayne precincts that are being contested by Petitioner, David Christopher Roach.
It ( ACEB- allen county election board)- also certified theoutcome of the election results.

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AMH/TCH

5.     That the material allegations contained in Paragraph 5 of Petitioner's Verified Petition do not address themselves to Henry, and therefore , Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 5 of the Petitioner's Verified Petition do address themselves to Henry, he denies same.
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ACEB/CHG
5. Respondent, Allen County Election Board, admits that on May 5, 2015 a primary election was conducted in Fort Wayne in accordance with Indiana State Statute, and that the results of the election were certified to the State of Indiana.  Respondent, Allen County Election Board, denies all remaining allegations of paragraph 5.
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DCR
6.     Petitioner brings this cause pursuant to Indiana code 3-12-8-5. et. seq. INSERT FOOTNOTE/ CITATION BELOW..)
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AMH/TCH
6. Henry is without sufficient information to either admit or deny the allegations set forth in Paragraph 6 of Petitioner's Verified Petition, and therefore, denies same.
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ACEB/CHG
6.  Respondent, Allen County Election Board, is without sufficient information or knowledge to form a belief as to the truth of the allegations contained in rhetorical paragraph 6 and, therefore denies same.
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DCR:
7. The primary election was held on May 5, 2015
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AMH/TCH
7.      Henry admits that the primary election in the City of Fort Wayne, County of Allen, State of Indiana , was conducted on May 5th, 2015.
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ACEB/CHG
7.  Respondent, Allen County Election Board,  admits the allegations contained in rhetorical paragraph 7.
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DCR:
This Verified Petition is timely filed
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AMH/TCH
8.      Henry is without sufficient information to either admit or deny the allegations  set forth in Paragraph 8 of Petitioner's Verified Petition, and therefore, denies the same.
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ACEB/CHG
8.  Respondent, Allen County Election Board, denies  the allegations contained in rhetorical paragraph 8.
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DCR
9. The results of the election were as follows:
     a.  Tom Cook, Democrat ( 219)
     b.  Thomas C. Henry, Democrat (5676)
     c.  David Christopher Roach, Democrat (128)
     d. Richard (Rick) Stevenson, Democrat ( 1396)
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AMH/TCH
9.      Henry only admits that he secured 5,676 votes in the Democratic primary election held May 5th, 2015, in the City of Fort Wayne, County of Allen, State of Indiana. As to any and all other allegations set forth in paragraph 9 of Petitioner's Verified Petition, Henry is without sufficient information to admit or deny those allegations, and therefore, denies same.
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ACEB/CHG
9.   Respondent, Allen County Election Board,  admits the allegations contained in rhetorical paragraph 9.
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DCR:
10.  The  petitioner desires to contest the primary election as to the office of Fort Wayne Mayor.
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AMH/TCH
10.      Henry admits that Petitioner desires to contest the Democratic primary election as to the office of the Mayor of the City of Fort Wayne.
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ACEB/CHG
10.  Respondent, Allen County Election Board,  admits the allegations contained in rhetorical paragraph 10.

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11.  Petitioner, David Christopher Roach
       4936 Innsbruck Drive
       Fort Wayne, Indiana, 46835

12.  Respondent, Tom Cook
       3112 Lafayette Street
       Fort Wayne, Indiana, 46806

13.  Respondent, Thomas C. Henry
        a/k/a Tc C. Henry
        a/k/a Thomas Christopher Charles Henry
        a/k/a  Thomas Charles Christopher Henry
        2211 N. Schomburg Drive
        Fort Wayne, Indiana 46808

14.   Respondent,  Richard (Rick) Stevenson
        4100 Abbot Street
        Fort Wayne, Indiana, 46806
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AMH/TCH

11-14

11.     That the material allegations contained in Paragraph 11 of petitioners Verified petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 11 of the Petitioner's Verified Petition do address themselves to Henry, he denies same.

12.      That the material allegations contained in Paragraph 12 of Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. to the extent that any of the material allegations contained in Paragraph 12 of Petitioner's Verified petition Do address themselves to Henry, He denies same.

13-      Henry only admits that he is a respondent in this cause of action and that he resides at 2211 North Schomburg Drive, Fort Wayne, Indiana, 46808.   As to any and all other allegations set forth in Paragraph 13 of Petitioner's Verified Petition, Henry denies same.

14.  That the material allegations contained in Paragraph 14 of Petitioner's Verified  petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 14 of the Petitioner's Verified petition do address themselves to Henry, he denies same.
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ACEB/CHG
11. -12 -13- 14 No allegations are made in rhetorical paragraphs 11 through 14, and  Respondent, Allen County Election Board,  makes no answer.

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DCR:
15. Petitioner, in good faith, believes that the electronic voting system may have malfunctioned in the following 6 precincts:  611, 668, 675,676, and 677.
All of these precincts report ZERO "0" votes for any of the Fort Wayne municipal races, Including Fort Wayne Mayor, Fort Wayne City Clerk, Fort Wayne City Council-At-Large, and Fort Wayne city Council- District 6.     No Ballots were cast in any of these precincts in any of these races for any Republican nor any Democrat.    All six precincts in question are located within the boundaries of the City's 6th District.
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AMH/TCH

15.       Henry is without sufficient information to either admit or deny the material allegations set forth in Paragraph 15 if Petitioner's Verified Petition, and therefore , denies same.

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ACEB/CHG

15== 12.  Respondent, Allen County Election Board, Denies that the electronic voting system malfunctioned.   Respondent, Allen County Election Board, admits the remaining allegations contained in rhetorical paragraph 15.

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DCR
16.    Petitioner, in good faith, believes , that Contestees,  Tom Cook and Thomas C. Henry were ineligible, Indiana code 3-12-8-2-1(1)
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AMH/TCH
16.      Henry Denies that he was ineligible pursuant to Indiana code s/s
3-12-8-2-1(1). As to any and all other allegations set forth in Paragraph 16 of the Petitioner's Verified Petition, Henry is without sufficient information to either admit or deny those allegations, and therefore denies same.
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ACEB/CHG
16.      13.  Respondent, Allen County Election Board,  denies the allegations contained in rhetorical paragraph 16.
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DCR
17.
Petitioner, in good faith, believes that Henry, as the person declared nominated or elected  -does not comply with one or more statutory requirements set forth in the petition that is applicable to a candidate for office
Indiana code 3-12-8-6(a)(3)(A), as set forth below

   17a.     Henry failed to vote in the previous election as a Democrat.          Further, Henry never timely-filed a letter of certification from                    the Chairman of the Allen County Democratic Party.  A letter                    was submitted to the ACEB on Henry's behalf, but it was neither              certified, Indiana code 3-8-2-7(4)(C), nor was it file-stamped, Indiana        Code 3-5-2-24.5

   17b.    Henry has deliberately and intentionally failed to disclose his        legal name as it appears on his birth certificate, Indiana Code 3-5-7-       4(b).    As such, Henry, as the declared  nominated or elected person       does not comply with the specific statutory requirements set forth in       the petition that is applicable to a candidate for public office . Indiana     Code 3-12-8-6(a)(3)(A).

   17c.    Henry has deliberately and intentionally failed to completely disclose the economic interests of his and his wife/spouse, Cindy S. Henry, Indiana Code 3-8-9.   As such, Henry , as the declared nominated or elected person does not comply with the specific statutory requirements set forth in the petition that is applicable to a candidate for office,  Indiana code 3-12-8-6(a)(3)(A).
      (See Count Vii, Exhibits E1- E-10 of   VERIFIED PETITION FOR JUDICIAL REVIEW, FILED MARCH 18, 2015, ATTACHED HERETO AS EXHIBIT "C"  ) ( available as public record in clerk of the court archives-case number and name- readily available online- Indiana  "Odyssey"court computer system a/k/a mycase.in.gov( any search engine/Google).

      17d.     Contestee Cook also deliberately and intentionally failed to completely disclose his economic interests  Indiana code 3-8-9.
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AMH/TCH
17.     Henry only admits that he was declared nominated or elected as a Democratic candidate for the office of the Mayor of the City  of Fort Wayne. As to any and all other allegations against Henry set forth in Paragraph 17(a), ( b), and (c), he denies same. As to any and all other allegations against Tom Cook, set forth in Paragraph 17(d), Henry is without sufficient information   to either admit or deny those allegations, and therefore denies same.
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ACEB/CHG
17 a    14.   Respondent, Allen County Election Board,  denies the allegations contained in rhetorical paragraph 17 a.
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17b     15.    Respondent is without sufficient information or knowledge to form a belief as to the truth of the allegations contained in rhetorical paragraph 17 b. and therefore denies same.
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17c      16.     Respondent is without sufficient information or knowledge to form  a belief  as to the truth of the allegations contained in rhetorical paragraph 17 c. and therefore , denies same.

17. d    17    Respondent is without sufficient information or knowledge to form a belief as to the truth of the allegations contained in rhetorical paragraph 17 d. and, therefore, denies same.

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DCR
18.  Petitioner, in good faith, believes a mistake was made in the printing or distribution of ballots used in the election, in that there was only two( 2) qualified Democrats who could have been listed on the democratic ballot in Fort Wayne Mayoral contest, Petitioner and respondent  Richard ( Rick) Stevenson.    This printing and/or distribution mistake compromised ballots cast in all 220 of Fort Wayne's precincts, Including:  
FIRST COUNCILMAN DISTRICT:
151, 152, 153, 154, 156, 157, 158, 162, 163, 164, 166, 168, 169, 170, 171,  172, 174, 175, 176, 177, 178, 179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 190, 192, 193, 194, 195, 196, 197,
SECOND COUNCILMAN DISTRICT
200, 203, 204, 205, 207, 209, 210, 211, 212, 213, 214, 216, 217, 218, 250, 255, 256, 257, 258, 259, 260, 261, 262, 263, 270,  285, 287, 288, 289, 290, 291, 292, 293, 294, 296, 297, 298
THIRD COUNCILMAN DISTRICT
303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327,  360, 364, 366, 367, 368, 370, 371, 372, 373, 399
FOURTH COUNCILMAN DISTRICT
410, 411, 415, 418, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 484, 485, 486, 487, 488, 489, 490
FIFTH COUNCILMAN DISTRICT
502, 503, 504, 505, 509, 512, 516, 518, 519, 553, 554, 555, 557, 561, 565, 566, 567, 569, 570, 575, 576, 577, 578, 579, 580, 581, 582, 583, 585, 590, 591,  592, 594, 596,
SIXTH COUNCILMAN DISTRICT
602, 603, 605, 607, 608, 610, 611, 612, 651, 652, 653, 654, 655, 656, 658, 660, 661, 662, 663, 665, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 682, 683, 684, 690, 692, 694.
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AMH/TCH

18.      Henry denies the allegations set forth in Paragraph 18 of Petitioner's Verified Petition.
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ACEB/CHG
18.      Respondent , Allen County Election Board, denies the allegations contained in rhetorical paragraph 18.
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DCR
19.  Further, Petitioner, in good faith, believes that the above series of actions ( i.e. two of the four Mayoral candidates ineligible to be on the ballot were kept on the ballot, compromising ballots cast in 216 precincts, and voting machines in six different precincts malfunctioning) make it impossible to determine which of the qualified candidates remaining, Petitioner, and Respondent Stevenson, received the highest number of votes cast in the election
Indiana code 3-12-8-2(5).
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AMH/TCH
19.      Henry denies the allegations set forth in Paragraph 19 of Petitioner's Verified Petition.
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ACEB/CHG
19.      Respondent, Allen County Election Board, denies the allegations contained in rhetorical paragraph 19.

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DCR
WHEREFORE, the Petitioner moves the court to:
1. Conduct a hearing within tewnty (20) days of filing said cause;

2. Direct the Allen County Sheriff to serve notice of this petition to the parties in said cause;

3. After a Hearing by the court, find that a violation has occurred, Pursuant to Indiana Code 3-12-8-17, and further order the Allen County Election Board to conduct a special election, pursuant to
 Indiana Code 3-12-8-17.5

4. Order that the special election be paid pursuant to Indiana Code 3-12-8-22.

5. And for all other just and proper relief.

I affirm , under the penalty of Perjury, that the foregoing representations are true.

(signed) David Christopher Roach
DAVID CHRISTOPHER ROACH
4936 Innsbruck Drive
Fort Wayne, Indiana, 46835
260-485-3681
dcroach60@gmail.com
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ADAM M HENRY  ATTY
RESPONDENT
  THOMAS C "CHARLES"/ "CHRISTOPHER"/ HENRY
( a/k/a"COBBLEPOTT" )
                   AFFIRMATIVE DEFENSES

COMES NOW Respondent , Thomas C. Henry ("Henry"), by counsel, and for his Affirmative Defenses, states as follows:

1.     Petitioner's Verified Petition for election Contestment fails to state a claim upon which any relief may be granted and, as such, it should be dismissed in its entirety.

2.     Petitioner's claims against Henry  are frivolous, unreasonable, and groundless and, therefore, Henry is entitled to have petitioner pay his attorney's fees and costs pursuant to Indiana code s/s34-52-1-1.

3. Petitioner is litigating these claims against Henry in bad faith.

Wherefore, Respondent, Thomas C. Henry , by counsel, prays that this court dismiss the Petitioner's Verified Petition for Election Contestment
in its entirety; that this court award Thomas C. Henry's attorney's fees
pursuant to Indiana code s/s 34-52-1-1 after finding that Petitioner brought this action on a claim that is frivolous, unreasonable, and groundless and, further, that petitioner  litigated this action in bad faith; and for all other just and proper relief in the premises.
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Carrie Hawk Gutman  ATTY
ALLEN COUNTY ELECTION BOARD

AFFIRMATIVE DEFENSES

1)      Petitioner fails to state a claim upon which relief may be granted            pursuant to TR 12-b-6

2)      Petitioners claims are barred by statute of limitations  under                     Indiana Code 3-8-2-14

3)      Petitioners claims are barred by the doctrine of RES JUDICATA.

4)      Petitioners claims are barred by the doctrine of  COLLATERAL ESTOPPEL.

5)     Petitioner's claims are barred because he has failed to exhaust his administrative remedies.

6)     Petitioners claims are barred by the EQUITABLE DOCTRINE OF LACHES

7)     Petitioner's claims are frivolous, unreasonable or groundless, and Allen county election board is entitled to costs, including reasonable attorney fees, pursuant to Indiana Code 34-52-1-1

8)      Petitioner is litigating these claims in bad faith.

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WHEREFORE, Respondent, Allen county election Board, prays that this Court:

1)- dismiss the petitioners claims in the entirety;

2) award Allen County election Board attorney fees pursuant to Indiana code  34-52-1-1(b)(1) and (3)  and find
       a)     Petitioner brought this action on a claim that is frivolous, unreasonable or groundless, or

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         b) Petitioner litigated the action in bad faith; and

3) for all other just and proper relief in the premises



Respectfully submitted:

HAWK, HAYNIE, KAMMEYER & SMITH LLP

(SIGNED)
Carrie Hawk Gutman

Carrie Hawk Gutman #18689-02
Attorneys for the Respondent,
Allen County Election Board
116 East Berry Street
Lincoln Tower, STE 302
Fort Wayne Indiana 46802
260-422-1515

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http://www.smithlaw.bz/the-law-against-frivolity.html
SEE post below.. scroll down..
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What Is Required To Avoid Liability
For Asserting A Frivolous Or Groundless Claim Or Defense

In its opinion in the case of Whittington v. Ohio River Company(27), the United States District Court for the Eastern District of Kentucky set out a list of seven (7) factors to be considered in determining whether attorney fees should be awarded for a violation of Rule 11 of the Federal Rules of Civil Procedure.(28) Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is not interposed for delay"; and, that "[f]or a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action".(29)

The factors set out by the court in Whittington are as follows:

1. Reading The Document. If an attorney signs a document, he must have read it.(30)

2. Factual Inquiry. An attorney must make an investigation of the facts before filing a claim or defense. [citations omitted] An attorney has not made a "reasonable inquiry" concerning the facts, if he has not made any inquiry, or if he has relied only on his client, [citations omitted] when time permitted him to make a further investigation. A defendant must not be joined, or claim asserted against a defendant merely in the hope that discovery will turn up something against the defendant. [citations omitted] The cost of determining whether a defendant should be named in the action must be borne by the plaintiff and his attorney before suit is filed. [citations omitted] The burden cannot be shifted to a defendant to prove himself out of the case after filing. Thus, naming all of the manufacturers of a certain kind of drug, when a reasonable inquiry would have disclosed that the plaintiff took only the products of a few members of the industry, will result in mandatory sanctions. [citation omitted](31)

Before a defendant is named or a claim (such as a RICO claim) is asserted against a defendant, the attorney's file should contain facts admissible in evidence, or at least facts indicating the probable existence of evidence, implicating that defendant orsupporting that claim. The shotgun complaint is out. ...(32)

3. Legal Inquiry. An attorney must perform reasonably sufficient legal research before filing a claim or defense. [citation omitted] An attorney has not made a reasonable inquiry as to whether a claim or defense is warranted by existing law if he or she hasn't done any research. An attorney cannot have a reasonable belief that a claim or defense is warranted by a good faith argument for the "extension, modification or reversal of existing law," unless he or she knows what the existing law is. [citations omitted]Counsel's interpretation of the law, formulated after sufficient research, must be non-frivolous, that is, reasonable as evaluated by a competent attorney. [citations omitted](33)

Flights of legal fancy and optimistic speculation in complaints and answers are improper under the amended rule. ... Some defendants are clearly immune from suit. [citation omitted] Some defenses have no application to the case. A shotgun answer is as improper as a shotgun complaint.(34)

If a recent controlling court decision is fatal to a claim, sanctions will be imposed, whether the attorney actually found the case or not, if a reasonably competent attorney would have found it. [citations omitted](35)

Although Rule 11 does not literally require it, it would be my advice to all attorneys to be sure that the file contains at least a skeleton memo outlining concretely, not just abstractly, the legal basis for every claim or defense. It should apply the law disclosed by reasonably extensive legal research to the facts disclosed by a reasonably adequate factual investigation. The analysis should be that of a reasonably competent attorney admitted to federal practice.(36)

4. Objective Standard. Whether or not a "reasonable inquiry" into the facts or law has been made is to be determined by the court objectively. An attorney's subjective good faith is irrelevant.(37) ...

The ultimate test is: "If judged by an objective standard, a reasonable basis for the position exists in both law and fact at the time that the position is adopted, then sanctions should not be imposed." The standard imposed is that of a competent attorney admitted to the bar of the federal court.(38)

5. Improper Purpose. Some courts have held that, if there is a proper factual and legal basis for asserting a claim or defense, the "improper purpose" requirement of Rule 11 is not violated. Other authorities are to the effect that the "improper purpose" provision is a subjective requirement and that even meritorious litigation positions, if taken for purposes of harassment or other improper reason can violate Rule 11. This court holds that the latter is the better view. Indeed, it seems required by the plain meaning of Rule 11. Therefore, whether or not a pleading was interposed for an improper purpose involves a subjective standard of bad faith.(39)

6. Continuing Obligation. An attorney must not only conduct a reasonable investigation into the facts and law before filing butmust also continually review and reevaluate his position as the case develops. He must abandon claims or defenses as soon as it becomes apparent that it is unreasonable to pursue them.(40)

7. Mandatory Sanctions. If Rule 11 has been violated, sanctions are mandatory, although the nature and amount of the sanctions are within the discretion of the trial court.(41)

The Court in Whittington summarized the requirements of Rule 11 as follows:

1. An attorney must READ every paper before signing it.

2. He must make a reasonable pre-filing investigation of the FACTS.

3. He must research the LAW, unless he is certain he knows it.

4. The law as applied to the facts must REASONABLY WARRANT the legal positions and steps he takes. If existing law does not warrant these positions, a plausible argument for the extension of the law to the facts of the case is required.

5. It must be demonstrated, as the basis of pre-filing investigation and research, that there is a REASONABLE BASIS to name each defendant named, and to support each claim asserted. The shotgun complaint or answer, filed in the hope that discovery will produce the justification for it, is improper.

6. The adequacy of an attorney's investigation, research and legal analysis will be evaluated by the court under an OBJECTIVE STANDARD, namely, whether the attorney acted as a reasonably competent attorney admitted to federal practice. Except as to improper purpose, subjective good faith is not a defense to Rule 11 sanctions. A pure heart but an empty head is of no avail.

7. The attorney must CONTINUALLY RE-EVALUATE his positions and abandon them if they are no longer reasonably warranted.

8. An attorney must not have an IMPROPER PURPOSE, such as harassment or intimidation, in naming any defendant, asserting any legal position or taking any legal step.

9. If an attorney violates Rule 11 the imposition of some sanction is MANDATORY, although the nature and extent of the sanction is discretionary with the district court.(42)

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ditto: click on this link:
http://www.allencounty.us/index.php?option=com_content&view=article&id=171&Itemid=819&jsmallfib=1&dir=JSROOT/election_board/election_results/2015

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Respectfully submitted:

HAWK, HAYNIE, KAMMEYER & SMITH LLP

(SIGNED)
Carrie Hawk Gutman

Carrie Hawk Gutman #18689-02
Attorneys for the Respondent,
Allen County Election Board
116 East Berry Street
Lincoln Tower, STE 302
Fort Wayne Indiana 46802
260-422-1515

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CERTIFICATE OF SERVICE

I hereby certify that on the ( field left blank)   day of June , 2015, a true and correct copy of the above and foregoing was served on all parties and counsel of record by depositing a copy of same in the United States mail or by Courthouse Mail to:

David Christopher Roach
4936 Inn sbruck Drive
Fort Wayne Indiana 46835

Adam M. Henry Esq.
Beers Mallers Backs & Salin , LLP
Courthouse Mail #90
(atty for Thomas C. Henry)

Tom Cook
3112 Lafayette St.
Fort Wayne IN 46806

Richard Stevenson
4100 Abbott St.
Fort Wayne IN 46806

(signed)
Carrie Hawk Gutman

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Respectfully submitted.
Beers, Mallers, Backs and Salin LLP.

by Adam M Henry (27871-02)
110 West Berry St ste 1100
Fort Wayne Indiana 46802
260-426-9706
Attorneys for Thomas C. Henry



CERTIFICATE OF SERVICE

 the undersigned hereby certifies that a true and correct copyof the above and foregoing was served this  5th day of June , 2015, by deposoiting the same in the United States mail, first class postage pre-paid, and addressed to:

David Christopher Roach
4936 Innsbruck Drive
fort Wayne Indiana 46835

Carrie Hawk Gutman
Hawk Haynie Kammeyer&Smith
116 East Berry street Ste 302
Fort Wayne Indiana 46802

Richard Stevenson
4100 Abbott Street
Fort Wayne Indiana 46806

Tom Cook
3112 Lafayette Street
Fort Wayne , Indiana 46806

(signed) ADAM M.  HENRY
























































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