Free Answer to Complaint - District Court of Delaware - Delaware

Case 1 :07-cv-00376-JJF Document 8 Filed 1 1/07/2007 Page 1 of 4
A IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM BOYD, :
I A 2 Plaintiff,
A v. Civil Action No. 07-376-JJF
p WILMINGTON TRUST COMPANY
Defendant.
A ANSWER A
l Defendant, by and through the undersigned counsel, hereby answers Plaintiffs
1 Complaint as follows:
I. This paragraph states a legal conclusion as to which no response is
I S required. By way of further answer, Defendant denies that Plaintiffs claims have legal or
factual merit and that this Court has jurisdiction over the Complaint.
2. Defendant is without sufficient information to admit or deny the
allegations of this paragraph.
3. Admitted that Defendant’s offices are located at 1100 North Market
Street, Wilmington, Delaware. The remaining allegations of this are illegible and are therefore
1 denied.
4. Denied.
i 5. Denied. ·
6. Denied.
7. Denied.
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l Case 1 :07-cv-00376-JJF Document 8 Filed 1 1/07/2007 Page 2 of 4
8. Defendant is without sufficient information to admit or deny the
allegations of this paragraph.
R 9. Denied.
10. named.
{ l 1. Denied.
i AFFIRMATIVE DEFENSES
. FIRST AFFIRMATIVE DEFENSE
l Plaintiffsclaims fail to state a claim upon which relief can be granted.
l SECOND AFFIRMATIVE DEFENSE
Plaintiffs claims are barred in whole or in part by his failure to exhaust
l
administrative remedies and/or other applicable federal or state statutes of limitation,
l jurisdictional and/or administrative requirements.
l
l THIRD AFFIRMATIVE DEFENSE
E Plaintiffs claims fail, in whole or in pait, because at all times Defendant made a
good faith effort to comply with applicable law.
FOURTH AFFIRMATIVE DEFENSE
Plaintiffs claims are barred, in whole or in part, by his failure to mitigate
damages.
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Case 1:07—cv—00376-JJF Document 8 Filed 11/07/2007 Page 3 of 4
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs claims are barred, in whole or in part, by the doctrines of waiver and/or
estoppel.
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1 SIXTH AFFIRMATIVE DEFENSE
This Court lacks subject matter jurisdiction over Plaintiffs Complaint.
SEVENTH AFFIRMATIVE DEFENSE
The Complaint should be dismissed for failure to join indispensable party.
EIGHTH AFFIR1VIATIVE DEFENSE
Plaintiffs Complaint may be denied in whole or in part with the doctrine of after-
acquired evidence.
WHEREFORE, Defendant respectfully requests that this action be dismissed with
prejudice, with costs and attorneys' fees assessed against Plaintiff.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
/s/ Barr); M Willoughby
Barry M. Willoughby, Esquire (1.D. No. 1016)
Monté T. Squire, Esquire (1.D. No. 4764)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, DE 19899-0391
Telephone: (302) 571-6666; (302) 571-6713
Facsimile: (302) 576-3345; (302) 576-3515
[email protected]; [email protected]
Attorneys for Defendant, Wilmington Trust Company
Dated: November 7, 2007
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I Case 1:07—cv—00376-JJF Document 8 Filed 11/07/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of September, 2007, a copy of the foregoing Answer
was served by United States First Class Mail and Certified Mail, Return Receipt Requested,
postage prepaid, on Plaintiff pro se:
William Boyd
602 Tamara Circle
Newark, DE 19711
i YOUNG CONAWAY STARGATT & TAYLOR, LLP
/s/ Barr); M Willoughby
Barry M. Willoughby, Esquire (I.D. No. 1016)
Monte T. Squire, Esquire (I.D. No. 4764)
The Brandywine Building
, 1000 West Street, 17m Floor
P.O. Box 391
Wilmington, DE 19899-0391
Telephone: (302) 571-6666; (302) 571-6713
Facsimile: (302) 576-3345; (302) 576-3515
[email protected]; msguire@,ycst.com
3 Attorneys for Defendant, Wilmington Trust Company
1 Dated: November 7, 2007
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