DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TEXARKANA DIVISION

JERRAL W. JONES

Plaintiff

VS.

ALEXANDER DAVIS and CYNTHIA DAVIS 

f/k/a CYNTHIA DAVIS-SPENCER

Defendants,

CIVIL ACTION NO. 5:23-CV-00032-RWS

JURY TRIAL DEMANDED

DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES 

TO JERRAL W. JONES’ AMENDED COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Alexandra Davis, Defendant (“Davis”), and files this her Amended 

Answer and Affirmative Defenses to Jerral W. Jones’ Amended Complaint (the “Jones 

Complaint”) and would respectfully show the Court the following:

1. Davis denies the allegations contained in paragraph 1 of the Jones Complaint.

2. Davis denies the allegations contained in paragraph 2 of the Jones Complaint.

3. Davis admits the allegations contained in paragraph 3 of the Jones Complaint.

4. Davis admits the allegations contained in paragraph 4 of the Jones Complaint.

5. Davis admits the allegations contained in paragraph 5 of the Jones Complaint.

6. Davis denies that there is complete diversity among the parties as the lawsuit currently 

exist. Davis admits that when she filed her lawsuit diversity existed.

7. Davis admits the allegations contained in paragraph 7 of the Jones Complaint.

8. Davis admits the allegations contained in paragraph 8 of the Jones Complaint.

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DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 2

9. Davis is without actual knowledge or information sufficient upon which to base a 

reasonable belief as to the accuracy of the allegations in paragraph 9 and, therefore, Davis is 

unable to admit or deny the allegations at this time. 

10. Davis denies the allegations contained in paragraph 10 of the Jones Complaint. 

11. Davis denies the allegations contained in paragraph 11 of the Jones Complaint. 

12. Davis denies the allegations contained in paragraph 12 of the Jones Complaint. 

13. Davis denies the allegations in paragraph 13 of the Jones Complaint.

14. Davis is without actual knowledge or information sufficient upon which to base a 

reasonable belief as to the accuracy of the allegations in paragraph 14 and, therefore, Davis is 

unable to admit or deny the allegations at this time. 

15. Davis admits the allegations in paragraph 15 of the Jones Complaint that the Settlement 

Agreement1established two trusts- the Funding Trust and the Distribution Trust (collectively the 

“Trusts”). Davis admits that the Funding Trust provided monthly, annual, and special contributions 

to the Distribution Trust. Davis denies the allegation in paragraph 15 of the Jones Complaint that 

the Distribution Trust provided the same payment and funding to Davis from childhood until she 

attained the age of 21 years of age. Davis admits that there were also distribution payments of the 

Trust to be paid upon Davis attaining the ages of 24, 26, and 28. Davis denies the remaining 

allegations in paragraph 15 of the Jones Complaint.

16. Davis denies the allegations in paragraph 16 of the Jones Complaint.

17. Davis denies the allegations in paragraph 17 of the Jones Complaint.

1 The term “Settlement Agreement” as used in this Answer refers specifically to the Settlement, Release, and Covenant 

Not to Sue Agreement that Jones alleges Davis and Defendant Davis-Spencer breached. Jones refers to that document 

as “Settlement Agreement” in the Jones Amended Complaint, and, for the convenience of the Court, Davis also uses 

the term in reference to the same document. For the Court’s reference, Davis refers to the “Settlement Agreement” as 

the “Settlement Documents,” in her Amended Complaint. See Docket No. 88-1, p. 1, ¶ 1.

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DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 3

18. Davis admits the language quoted from the Settlement Agreement in paragraph 18 is 

language from the Settlement Agreement. Davis denies the remaining allegations in paragraph 18 

of the Jones Complaint. 

19. Davis admits the Settlement Agreement also included the language that is quoted in 

paragraph 19. To the extent, Jones references that there was a “confidentiality obligation whereby 

the parties promised to refrain from disclosing the facts and terms of the settlement,” Davis denies 

that she was a party to the Settlement Agreement or that she had any obligation under the 

Settlement Agreement. Davis denies the remaining allegations in paragraph 19 of the Jones 

Complaint.

20. Davis denies the allegations in paragraph 20 of the Jones Complaint.

21. Davis denies the allegations in paragraph 21 of the Jones Complaint.

22. Davis denies the allegations in paragraph 22 of the Jones Complaint.

23. Davis admits the allegation in paragraph 23 of the Jones Complaint that she filed a 

declaratory action against Jones that sought to declare that she was not bound to a settlement 

agreement that was entered into when she was one-year old without court approval. Davis denies 

the remaining allegations in paragraph 23 of the Jones Complaint.

24. Davis admits that she dismissed the declaratory action.2 Davis denies the remaining 

allegations in paragraph 24 of the Jones Complaint.

25. Davis admits the allegation in paragraph 25 that Davis then filed a Parentage Action against 

Jones to establish the parent-child relationship. Davis denies the remaining allegations in 

paragraph 25 of the Jones Complaint.

2 For the convenience of the Court, Plaintiff notes the declaratory action referenced above is referred to as the 

“Lawsuit” in Plaintiff’s Original Complaint and the “First Lawsuit,” in Jones’ Complaint. 

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DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 4

26. Davis admits the allegation in paragraph 26 of the Jones Complaint that Cynthia DavisSpencer provided an affidavit to Davis during the Parentage Action.

3 Davis denies the remainder 

of the allegations in paragraph 26 of the Jones Complaint.

27. Davis admits the allegation in paragraph 27 of the Jones Complaint that she filed the instant 

action in March 2023. Davis denies the remaining allegations in paragraph 27 of the Jones 

Complaint.

28. Davis reincorporates her responses to all the preceding allegations.

29. Davis denies the allegations in paragraph 29 of the Jones Complaint.

30. Davis denies the allegations in paragraph 30 of the Jones Complaint.

31. Davis denies the allegations in paragraph 31 of the Jones Complaint.

32. Davis denies the allegations in paragraph 32 of the Jones Complaint.

33. Davis reincorporates her responses to all the preceding allegations.

34. Davis denies the allegations contained in paragraph 34 of the Jones Complaint.

35. Davis admits the allegation in paragraph 35 that Jones is seeking a declaration by the Court. 

Davis denies that Jones is entitled to any such relief and also denies any remaining allegations 

contained in paragraph 35 of the Jones Complaint.

36. Davis is without actual knowledge or information sufficient upon which to base a 

reasonable belief as to the accuracy of the allegations in paragraphs 36-43 of the Jones 

Complaint as the paragraphs do not relate to claims against her; therefore, Davis is not able to 

admit or deny the allegations in paragraphs 36-43 of the Jones Complaint.

37. Davis admits the allegation contained in paragraph 44 of the Jones Complaint that Jones is 

seeking costs, expenses, and attorney’s fees, but she denies that Jones is entitled to such relief.

3 The “Parentage Action” discussed above is also referred to as the “Second Lawsuit,” in Jones’ Complaint. 

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DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 5

38. Davis admits the allegation contained in paragraph 45 of the Jones Complaint that Jones is 

seeking costs, expenses, and attorney’s fees, but she denies that Jones is entitled to such relief.

39. Davis denies the allegations contained in paragraph 46 of the Jones Complaint.

40. Davis admits the allegation contained in paragraph 47 of the Jones Complaint and concurs 

in the demand for a jury trial.

41. Davis denies all allegations not specifically admitted herein. 

42. Davis denies that Jones is entitled to any of the relief prayed for in the Jones Complaint.

AFFIRMATIVE DEFENSES

43. Davis pleads that she was a minor at the time the Settlement Agreement was entered into

by Jones and her mother. There was not an ad litem appointed to protect Davis’ interest, nor was 

there any review by a court of the Settlement Agreement to ensure Davis’ interest were protected. 

The Settlement Agreement is not enforceable against Davis who did not have the capacity at oneyear of age to enter a contract. 

44. Davis pleads that she is excused from performance of the confidentiality provisions of the 

Settlement Agreement as Jones breached the confidentiality provisions prior to any alleged breach 

by Davis, thereby, excusing any performance by Davis.

45. Davis pleads that the Settlement Agreement was against public policy. It is against public 

policy to allow a biological father to avoid his parentage through the entering of a “hush money” 

agreement with the child’s mother. It is the public policy to establish parentage for any child. It is 

against public policy for a biological father to be allowed to buy his way out of parentage. Public 

policy is always “in the best interest of the child.” Public policy is not “in the best interest of the 

parent” as Jones seeks. The confidentiality clause that Jones seeks to enforce against Davis is 

against public policy. 

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DAVIS’S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO JERRAL W. JONES’ AMENDED COMPLAINT 6

46. Davis pleads there was fraud by Jones in the inducement of the Settlement Agreement.

Jones knew at the time that he entered into the Settlement Agreement that entering into a contract 

that attempted to bind a one-year old minor without having an ad litem appointed to protect the 

minor’s interest and without having a court approve the agreement was not enforceable. 

47. Davis pleads the doctrine of unclean hands. Jones attempts to enforce a confidentiality 

clause against Davis that is contained in an agreement entered into when Davis was one-year old. 

Jones rather than providing for someone to protect Davis’ interest such as an ad litem or seeking a 

court’s review choose to enter into a secret agreement with Davis’ mother to protect his own 

interest in keeping his paternity out of the public forum.

48. Davis pleads that Jones does not have capacity or standing to pursue enforcement of the 

Settlement Agreement. Jones was not a party to the contract he seeks to enforce.

49. Davis reserves the right to raise all affirmative defenses available to her under the Texas 

Rules of Civil Procedure, Texas law, the Federal Rules of Civil Procedure, federal law, the Rules 

of this Court, or otherwise in law or equity, whether now existing or arising later, as may be 

discovered throughout litigation. 

WHEREFORE, PREMISES CONSIDERED, Davis prays that on final trial of this matter 

that Jerral W. Jones take nothing on his Complaint against Davis, that Davis be awarded costs of 

court including attorney’s fees, and such other and further relief for which Davis may be entitled. 

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Respectfully submitted,

/s/ Matt Keil /s/ Jay K. Gray

KEIL LAW FIRM, PLLC BERGMANGRAY LLP

Matt Keil Jay K. Gray

State Bar No. 11181750 State Bar No. 08324050

Erin Keil Andrew A. Bergman

State Bar No. 24120462 State Bar No. 02196300

Hailee Amox 4514 Travis Street

State Bar No. 24085176 Travis Walk, Suite 300

406 Walnut Street Dallas, Texas 75205

Texarkana, Arkansas 71854 214-528-2444 

870-772-4113 214-599-0602 [fax]

870-773-2967 [fax] gray@bergmangray.com

mkeil@kglawfirm.com bergman@bergmangray.com

ekeil@kglaqwfirm.com LEAD COUNSEL 

hamox@kglawfirm.com

ATTORNEYS FOR ALEXANDRA DAVIS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have 

consented to electronic service are being served with a copy of this document via the Court’s 

CM/ECF system per Local Rule CV-5(a)(3) on May 29, 2024. 

/s/ Jay K. Gray

Jay K. Gray

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