Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv-00341-SLR Document 99-2 Filed 06/28/2007 Page 1 of 4
Case 1:07-cv-00341-SLR Document 99 Filed 06/28/2007 Page 1 of 4
lN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE ;
Spirit Airlines, Inc. )
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Plaintiff, ) 2
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I vs. ) Civil Action No. 07-341 —SLR r
)
24/7 Real Media, Inc., gt al., )
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Defendants. ) ·
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’ COMES NOW, Plaintiff Spirit Airlines, Inc. ("Spirit"), as and for its Answer to if
The Weather Channel Interactive, Inc.’s ("Weather Cha11nel") CounterClaim, states and _
alleges as set forth below. Except as otherwise stated in its Answer, Spirit denies each =
and every claim and allegation set forth in Weather Cha11nel’s CounterClaim. `
ANSWER
1. Spirit denies the allegations contained in Paragraph 1 of the 1
CounterClaim. Spirit is not a party to any contract or agreement with Weather Chamiel,
and never agreed to pay Weather Channel. I
2. Spirit denies the allegations contained in Paragraph 2 of the
v CounterClaim. Spirit is not a party to any contract or agreement with Weather Channel,
has no obligations to Weather Channel, and is without suffrcient knowledge, information, ‘
or belief as to the whether Weather Channel fulfilled any obligation under any agreement _
it has with any party; and therefore, denies the same, and puts Weather Channel to its ,1
strictest proof thereof.
3. Spirit denies the allegations contained in Paragraph 3 of the
CounterClaim. Spirit is not a party to any contract or agreement with Weather Chamiel.
Spirit has no obligations to pay Weather Channel any fee.

Case 1 :07-cv-00341-SLR Document 99-2 Filed 06/28/2007 Page 2 of 4
4 Case 1:07-cv-00341-SLR Document 99 Filed 06/28/2007 Page 2 of 4
4. Spirit denies the allegations contained in Paragraph 4 of the p
CounterClaim. Spirit is not a party to any contract or agreement with Weather Charmel, P
has not breached any agreement with Weather Chamiel, and has no obligations to
Weather Channel. _
s 5. Spirit restates and incorporates by reference the responses set out in p
Paragraphs 1 through 4 above. A
6. Spirit denies the allegations contained in Paragraph 6 of the _
CounterClaim. Spirit is not a party to any contract or agreement with Weather Chamrel, l
Weather Channel never contemplated payment would come from Spirit, and Spirit has no I
obligations to Weather Channel. Further answering, Spirit has not improperly failed to i j
pay Weather Channel as Spirit has no obligation to pay Weather Chamiel. Weather l
Cham1el’s remedy is against Eisner.
7. Spirit denies the allegations contained in Paragraph 7 of the
CounterClaim. Spirit has not been unjustly enriched at the expense of Weather Channel, ji
and Weather Channel is not entitled to recover anything from Spirit. Spirit has no i
obligations to Weather Chamrel.
AFFIRMATIVE DEFENSES -V/‘
8. Affirmatively asserts Weather Channel’s CounterClaim fails to state a .
claim for which relief may be granted.
9. Affirmatively asserts that Spirit is simply a disinterested stakeholder. in
10. Affirmatively asserts that Weather Channel is one of a number of °
claimants claiming entitlement to the same money. P
11. Affirmatively states that Weather Channel’s CounterClaim is or may be
barred by the doctrine of laches.
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Case 1:07-cv—0O341-SLR Document 99 Filed 06/28/2007 Page 3 of 4 .
12. Affirmatively states that Weather Charrnel’s CounterC1aim is or may be
barred by the doctrine of estoppel. .
13. Affirmatively states that Weather Channel’s CounterClaim is or may be
barred by the doctrine of unclean hands. E
14. Spirit reserves the right to assert additional defenses as may be apparent 1
through discovery or at trial.
WHEREFORE, based on the foregoing and Spirit’s Complaint, Spirit prays the 1.
Court as follows: · 1
1. Compelling Weather Channel, along with the other Defendants in this in
case, to determine through interpleader their competing, or potentially competing, claims
to the funds described in Spirit’s Complaint.
2. Restraining Weather Charmel from instituting or prosecuting any
proceeding against Spirit with respect to the funds described in Spirit’s Complaint.
3. Awarding Spirit its reasonable attomeys’ fees and costs incurred with
respect to this action.
4. Granting Spirit such other and further relief as the Court deems just and i
equitable. ]
Dated: June ggnd, 2007 SAUL A I LM I E
By: 1 0;.; I
Kat , een Mak ski (# » 648)
222 Delaware Ave, Suite 1 00 ;
Wilmington, DE 19899 I
Telephonez 302-42 1 -6800
Facsimile: 302-421-6813
LOCAL COUNSEL FOR SPIRIT U
AIRLINES, INC.
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Case 1 :07-cv-00341-SLR Document 99-2 Filed 06/28/2007 Page 4 of 4 I
Case 1:07-cv-00341-SLR Document 99 Filed 06/28/2007 Page 4 of 4 _A
FAFIN SKI MARK & JOHNSON, P.A
Connie A. Lahn (MN Bar No. *
02692219) P *
400 Flagship Corporate Center
775 Prairie Center Drive
Eden Prairie, Minnesota 55344
Telephone: 952.995.95OO `
Facsimile: 952.995.9577
COUNSEL FOR SPIRIT AIRLINES, INC.
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