Case 2:18-cv-00511-TS Document 4 Filed 08/16/18 Page 1 of 3

Craig M. Bainum, #5913
bainum2002@yahoo.com
(801) 512-4222
Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH–CENTRAL DIVISION
Kristy Johnson,

Answer
Plaintiff
Case No. 2:18-cv-00511-BCW
v.
Brooke C. Wells, Magistrate

Dr. Melvin Kay Johnson,
Defendant

ANSWER
Defendant, by and through his attorney of record, hereby answers Plaintiff’s Complaint as
follows:
1.
Defendant admits the statements contained in paragraphs 1 - 5 of the Complaint.
2.
As to paragraph seven, Defendant admits that he was an employee of the LDS
church CES, but denies that has any relevance to the instant case.
3.
The Defendant admits generally to inappropriate sexual conduct with the plaintiff
while they lived in California. However, he denies any such conduct occurred in Utah or before
they moved to California.
4.
The Defendant denies that the LDS church or CES had anything to do with his
inappropriate behavior or that it ever occurred on church-owned or -controlled property. Once
the church found out about his behavior, he was fired from his job and excommunicated. The
excommunication lasted for three years.
5.
The Defendant denies all the remaining statements contained in the Complaint.
AFFIRMATIVE DEFENSES

 Case 2:18-cv-00511-TS Document 4 Filed 08/16/18 Page 2 of 3

First Affirmative Defense–Statutes of Limitations
Plaintiff’s claims are barred in whole or in part by the applicable statutes of limitations.
Second Affirmative Defense--Laches
The actions of which the Plaintiff complains allegedly took place over 32 years ago.
Delaying to take action until now is unreasonable and will severely and materially hinder the
Defendant’s ability to defend himself.
WHEREFORE, based on the foregoing, the Defendant requests that the Complaint be
dismissed with prejudice, that the Plaintiff take nothing thereby, and that the attorney’s fees and
associated costs he incurs in this matter be awarded to him.
Dated August 16, 2018.

/S/ Craig M. Bainum

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 Case 2:18-cv-00511-TS Document 4 Filed 08/16/18 Page 3 of 3

I hereby certify that on this date I electronically filed the foregoing* with the Clerk of the
Court using the CM/ECF system which sent notification of such filing to the following:
Craig K. Vernon

Dated August 16, 2018.

/S/ Craig M. Bainum

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