Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

CRYSTAL AMAYA, BRAD CATES,

BRIAN MOORE, AND KIM RONQUILLO,
Plaintiffs,
v.

Case 1:14-cv-00599-WJ-SMV

SAM BREGMAN, MICHAEL CORWIN,

JAMIE ESTRADA, JASON LOERA,
and BRUCE WETHERBEE,
Defendants.
MR. CORWINS ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT
Defendant Michael Corwin, by and through his attorneys, Rothstein, Donatelli, Hughes,
Dahlstrom, Schoenburg & Bienvenu LLP, hereby submits his answer Plaintiffs First Amended
Complaint for Violations of the Federal Wiretap Act, the Stored Communications Act and
Conspiracy to Violate the Federal Wiretap Act (Doc. 22).
INTRODUCTION
1.

Mr. Corwin denies the allegations in paragraph 1 to the extent that they pertain to

him. To the extent that the allegations in paragraph 1 pertain to other Defendants, Mr. Corwin
lacks information and knowledge sufficient to admit or deny the allegations and therefore denies
them.
2.

Mr. Corwin denies the allegations in paragraph 2 to the extent that they pertain to

him. To the extent that the allegations in paragraph 2 pertain to other Defendants, Mr. Corwin
lacks information and knowledge sufficient to admit or deny the allegations and therefore denies
them.

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 2 of 16

3.

Mr. Corwin denies the allegations in paragraph 3 to the extent that they pertain to

him. To the extent that the allegations in paragraph 3 pertain to other Defendants, Mr. Corwin
lacks information and knowledge sufficient to admit or deny the allegations and therefore denies
them.
PARTIES
4.

Mr. Corwin admits the allegations in paragraph 4 upon information and belief.

5.

Mr. Corwin admits the allegations in paragraph 5 upon information and belief.

6.

Mr. Corwin admits the allegations in paragraph 6 upon information and belief.

7.

Mr. Corwin admits the allegations in paragraph 7 upon information and belief.

8.

Mr. Corwin admits the allegations in the first sentence of paragraph 8 upon

information and belief. With respect to the second sentence of paragraph 8, Mr. Corwin lacks
information and knowledge sufficient to admit or deny the allegations and therefore denies them.
9.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 9 and therefore denies them.

10.

Mr. Corwin admits the allegations in paragraph 10 upon information and belief.

11.

With respect to the allegations in paragraph 11, Mr. Corwin admits that he is a

resident of Bernalillo County, New Mexico, is a private investigator, and formerly was the lead
researcher and reporter at Independent Source PAC, which no longer is in operation. Mr.
Corwin denies the remaining allegations in paragraph 11.
12.

Mr. Corwin admits the allegations in paragraph 12 upon information and belief.

13.

Because Defendant Anissa Ford has been dismissed as a defendant to this action,

see Memorandum Opinion and Order (Doc. 98) at 19, a response to paragraph 13 is unnecessary.
2

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 3 of 16

JURISDICTION AND VENUE

14.

Mr. Corwin admits the allegations in paragraph 14.

15.

Mr. Corwin admits the allegations in paragraph 15.

16.

Mr. Corwin admits the allegations in paragraph 16 to the extent that they pertain

to him. To the extent that the allegations in paragraph 16 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them
17.

Mr. Corwin admits the allegations in paragraph 17.

FACTUAL ALLEGATIONS

The Campaign and Domain

18.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 18 and therefore denies them.

19.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 19 and therefore denies them.

20.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 20 and therefore denies them.

21.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 21 and therefore denies them.

22.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 22 and therefore denies them.

23.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 23 and therefore denies them.

3

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 4 of 16

24.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 24 and therefore denies them.

25.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 25 and therefore denies them.

Defendant Estrada Joins the Campaign and Obtains the Credentials to the Domain
26.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 26 and therefore denies them.

27.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 27 and therefore denies them.

Defendant Estrada is Removed from the Campaign
28.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 28 and therefore denies them.

29.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 29 and therefore denies them.

30.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 30 and therefore denies them.

Problems arise with the Website Domain and the Associated @susana2010.com Email
Addresses
31.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 31 and therefore denies them.

32.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 32 and therefore denies them.

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 5 of 16

33.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 33 and therefore denies them.

34.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 34 and therefore denies them.

35.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 35 and therefore denies them.

Defendant Estrada Renews the Website Domain and Changes the Settings for
Incoming Emails Directing them to his Personal Email Account
36.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 36 and therefore denies them.

37.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 37 and therefore denies them.

38.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 38 and therefore denies them.

39.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 39 and therefore denies them.

40.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 40 and therefore denies them.

41.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 41 and therefore denies them.

42.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 42 and therefore denies them.

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 6 of 16

43.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 43 and therefore denies them.

44.

With respect to the allegations in paragraph 44, Mr. Corwin admits that the email

published in mid-June 2012 did not involve any of the named Plaintiffs. Mr. Corwin denies the
remaining allegations in paragraph 44.
45.

Mr. Corwin denies the allegations in paragraph 45.

46.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 46 and therefore denies them.

Defendant Estrada Discloses Private and Confidential E-mail Messages Intended for
Plaintiffs to Defendants Loera and Galassini-Ford.
47.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 47 and therefore denies them.

48.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 48 and therefore denies them.

49.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 49 and therefore denies them.

50.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 50 and therefore denies them.

51.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 51 and therefore denies them.

52.

With respect to the allegations in paragraph 52, Mr. Corwin admits that he

received @susana2010.com emails from a confidential source. Mr. Corwin denies the remaining
allegations in paragraph 52.
6

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 7 of 16

53.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 53 and therefore denies them.

Defendant Loera Discloses Private and Confidential E-mail Messages Intended for
Plaintiffs to Defendants Corwin, Bregman, and Wetherbee
54.

With respect to the allegations in paragraph 54, Mr. Corwin admits that he

received @susana2010.com emails from a confidential source. Mr. Corwin denies the remaining
allegations in paragraph 54.
55.

Mr. Corwin denies the allegations in paragraph 55.

56.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 56 and therefore denies them.

57.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 57 and therefore denies them.

58.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 58 and therefore denies them.

59.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 59 and therefore denies them.

Defendants Corwin, Bregman, and Wetherbee Disclose Private and Confidential Email Messages Intended for Plaintiffs to Others
60.

Mr. Corwin admits the allegations in paragraph 60.

61.

With respect to the allegations in paragraph 61, Mr. Corwin admits only that he

provided certain emails of Plaintiffs to the Attorney General of New Mexico, in response to a
demand by the Attorney General for the emails, in connection with the Attorney Generals
investigation of Mr. Corwins complaint of alleged misconduct on the part of the Governor and
7

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 8 of 16

her staff. Mr. Corwin expressly denies that the email messages of Plaintiffs were private and
confidential. Mr. Corwin further expressly denies that he provided email messages of Plaintiffs
to partisan bloggers, Democratic political operatives, reporters and the media, or to anyone
other than the Attorney General. Mr. Corwin denies any remaining allegations in paragraph 61.
62.

Mr. Corwin denies the allegations in paragraph 62.

63.

With respect to paragraph 63, Mr. Corwin admits that the June 16, 2013

Albuquerque Journal article is quoted correctly. Mr. Corwin denies the remaining allegations in
paragraph 63.
64.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 64 and therefore denies them.

65.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 65 and therefore denies them.

66.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 66 and therefore denies them.

67.

Mr. Corwin denies the allegations in paragraph 67 to the extent that they pertain

to him. To the extent that the allegations in paragraph 67 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
COUNT ONE: VIOLATION OF 18 U.S.C. 2511(1)(a)
THE FEDERAL WIRETAP ACT
(Against Defendant Estrada for Contemporaneous Interception)
68.

The preceding paragraphs are incorporated as if fully stated herein.

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 9 of 16

69.

Because Count One does not pertain to Mr. Corwin, a response to paragraph 69 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 69.
70.

Because Count One does not pertain to Mr. Corwin, a response a response to

paragraph 70 is unnecessary. To the extent that a response is necessary, Mr. Corwin denies the
allegations in paragraph 70.
71.

Because Count One does not pertain to Mr. Corwin, response to paragraph 71 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 71.
72.

Because Count One does not pertain to Mr. Corwin, a response to paragraph 72 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 72.
73.

Because Count One does not pertain to Mr. Corwin, a response to paragraph 73 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 73.
COUNT TWO: VIOLATION OF 18 U.S.C. 2511(1)(c) & (d)
THE FEDERAL WIRETAP ACT
(Against All Defendants for Disclosure and/or Use)
74.

The preceding paragraphs are incorporated as if fully stated herein.

75.

Because the statements in paragraph 75 are legal conclusions rather than factual

allegations, a response to paragraph 75 is unnecessary. To the extent that a response is

necessary, Mr. Corwin denies the allegations in paragraph 75.

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 10 of 16

76.

Because the statements in paragraph 76 are legal conclusions rather than factual

allegations, a response to paragraph 76 is unnecessary. To the extent that a response is

necessary, Mr. Corwin denies the allegations in paragraph 76.
77.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 77 and therefore denies them.

78.

Mr. Corwin lacks information and knowledge sufficient to admit or deny the

allegations in paragraph 78 and therefore denies them.

79.

Mr. Corwin denies the allegations in paragraph 79 to the extent that they pertain

to him. To the extent that the allegations in paragraph 79 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
80.

Mr. Corwin denies the allegations in paragraph 80 to the extent that they pertain

to him. To the extent that the allegations in paragraph 80 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
81.

Mr. Corwin denies the allegations in paragraph 81 to the extent that they pertain

to him. To the extent that the allegations in paragraph 81 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
82.

Mr. Corwin denies the allegations in paragraph 82 to the extent that they pertain

to him. To the extent that the allegations in paragraph 82 pertain to other Defendants, Mr.

10

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 11 of 16

Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
83.

Mr. Corwin denies the allegations in paragraph 83 to the extent that they pertain

to him. To the extent that the allegations in paragraph 83 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
84.

Mr. Corwin denies the allegations in paragraph 84 to the extent that they pertain

to him. To the extent that the allegations in paragraph 84 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
85.

Mr. Corwin denies the allegations in paragraph 85 to the extent that they pertain

to him. To the extent that the allegations in paragraph 85 pertain to other Defendants, Mr.
Corwin lacks information and knowledge sufficient to admit or deny the allegations and
therefore denies them.
COUNT THREE: CONSPIRACY TO VIOLATE 18 U.S.C. 2511
THE FEDERAL WIRETAP ACT
(Against All Defendants)
86.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 86 is unnecessary.

87.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 87 is unnecessary.

88.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 88 is unnecessary.

11

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 12 of 16

89.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 89 is unnecessary.

90.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 90 is unnecessary.

91.

Because Count Three has been dismissed as a defendant to this action, see Doc.

98 at 18-19, a response to paragraph 91 is unnecessary.

COUNT FOUR: VIOLATION OF 18 U.S.C. 2701
STORED COMMUNICATIONS ACT
(Against Defendant Estrada)
92.

The preceding paragraphs are incorporated as if fully stated herein.

93.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 93 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 93.
94.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 94 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 94.
95.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 95 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 95.
96.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 96 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 96.

12

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 13 of 16

97.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 97 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 97.
98.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 98 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 98.
99.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 99 is

unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 99.
100.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 100

is unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 100.
101.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 101

is unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 101.
102.

Because Count Four does not pertain to Mr. Corwin, a response to paragraph 102

is unnecessary. To the extent that a response is necessary, Mr. Corwin denies the allegations in
paragraph 102.
103.

Mr. Corwin denies all allegations in the First Amended Complaint that are not

specifically admitted in Mr. Corwins responses in the foregoing paragraphs.

13

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 14 of 16

AFFIRMATIVE DEFENSES
1.

Plaintiffs have failed to state a claim for which relief may be granted against Mr.
Corwin.

2.

Plaintiffs claims are barred by the statute of limitations.

3.

Plaintiffs claims against Mr. Corwin are barred by the First Amendment.

4.

Any disclosure of Plaintiffs emails by Mr. Corwin occurred in the context of the
Attorney Generals investigation and was protected by the First Amendment right
to petition.

5.

Any disclosure of Plaintiffs emails by Mr. Corwin was protected by the

principles in Bartnicki v. Vopper, 532 U.S. 514, 526 (2001).

6.

Mr. Corwins actions were not the proximate cause of any damages claimed by
Plaintiffs.

7.

Mr. Corwins actions were reasonable and he exercised ordinary care and
diligence at all times.

8.

Mr. Corwins actions were lawful because he did not know, and had no reason to
know, that Plaintiffs emails were illegally intercepted.

9.

Plaintiffs claims are barred by the equitable doctrines of estoppel, waiver, laches,
and unclean hands.

10.

If Plaintiffs were damaged, which Mr. Corwin expressly denies, Plaintiffs

damages were caused, in whole or in part, by their own actions and omissions or
by the actions and omissions of others.

11.

Plaintiffs have failed to mitigate their damages.

14

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 15 of 16

12.

Punitive damages are not recoverable under these facts.

13.

Mr. Corwin reserves the right to assert such additional affirmative defenses as
may be identified through discovery.

WHEREFORE, Mr. Corwin prays that Plaintiffs complaint be dismissed with prejudice
as to Mr. Corwin, for his costs and fees incurred in defending this action, and for such other
relief as the Court deems just and proper.
Respectfully submitted,
ROTHSTEIN, DONATELLI, HUGHES,
DAHLSTROM, SCHOENBURG
& BIENVENU, LLP
Carolyn M. Cammie Nichols
Brendan K. Egan
500 4th Street NW, Suite 400
Albuquerque, NM 87102
(505) 243-1443
/s/ Kristina Martinez
Kristina Martinez
1215 Paseo de Peralta
Post Office Box 8180
Santa Fe, New Mexico 87504-8180
(505) 988-8004
Attorneys for Defendant Michael Corwin

15

Case 1:14-cv-00599-WJ-SMV Document 111 Filed 04/15/15 Page 16 of 16

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 15, 2015, I filed this pleading electronically through
the CM/ECF system, which caused the following counsel to be served by electronic means, as
more fully reflected on the Notice of Electronic Filing:
Angelo J Artuso angelo.artuso@brytewerks.com
Gerald G. Dixon jdixon@dsblaw.com, abischoff@dsblaw.com
Zachary A Ives zach@ginlawfirm.com, assistant@ginlawfirm.com, office@ginlawfirm.com
Patrick Joseph Rogers patrogers@patrogerslaw.com, carolcasstevens@patrogerslaw.com,
jlassistant@patrogerslaw.com
Steven S. Scholl sscholl@dsblaw.com, bgonzales@dsblaw.com
Jerry Todd Wertheim todd@thejonesfirm.com, betsy@thejonesfirm.com,
sam@thejonesfirm.com, terri@thejonesfirm.com
Matthew L. Garcia matt@ginlawfirm.com, assistant@ginlawfirm.com, office@ginlawfirm.com
Mary (Molly) E Schmidt-Nowara molly@ginlawfirm.com, assistant@ginlawfirm.com,
office@ginlawfirm.com
James C. Wilkey jwilkey@dsblaw.com, vvallejos@dsblaw.com
Mark E. Braden MBraden@bakerlaw.com
Theodore J. Kobus, III tkobus@bakerlaw.com
Eric A. Packel epackel@bakerlaw.com
Bruce Wetherbee locationsmanager@gmail.com
Elizabeth M Martinez elizabeth.martinez@usdoj.gov

/s/ Kristina Martinez

Kristina Martinez

16